These terms and conditions (“Terms and Conditions”) govern your use and purchase of products or services from uk.westfield.com and our mobile app (the “Site”) provided by Westfield Corporation, its subsidiaries, affiliates and related entities (“Westfield”, “we”, “us”, and “our”) and offered for Users in the United Kingdom. Additional or separate terms may apply to your use of other Westfield websites, services, or apps, or participation in any promotion. To the extent that the provisions of any additional terms conflict with these Terms and Conditions, the provisions of the additional terms will govern. By downloading, installing or using the Site, or accessing our website, you (“User”, “you” or “your”) agree to the Terms and Conditions below.
To go directly to specific sections, please see below:
I. GENERAL TERMS AND CONDITIONS AND RESTRICTIONS ON USE
IV. REVIEWS, COMMENTS AND OTHER SUBMISSIONS
V. DISCLAIMERS AND LIABILITY
I. GENERAL TERMS AND CONDITIONS AND RESTRICTIONS ON USE
A. Access. Subject to these Terms and Conditions, Westfield grants Users a limited, revocable, nonexclusive, nontransferable personal right to access and make use of the Site and services solely for the benefit of the User and no other commercial purpose. If you do not comply with these Terms and Conditions, Westfield reserves the right to revoke your licence or limit your access to the Site. Unless otherwise specified, the Site is directed solely at those who access it from the UK. Those who access the Site from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
Westfield reserves the right to remove any information or material on the Site without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
B. Children. The Site and related services are not aimed at nor intended for children under the age of 16. You must be 16 years of age or over to use the Site. If you are under 18 years of age (but over 16), you must obtain the consent of a parent or guardian before accessing or using the Site or creating a Registered Account (as described below).
C. Copyrights and Trademarks. All content and materials on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Westfield and/or third party licensors and protected by English and international copyright laws. All trade marks, service marks, and trade names (including the look and feel of the Site) are owned by Westfield. The content and materials are intended for your personal, non-commercial use. You may make one copy of the materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any content or materials is transferred to you as a result of any such copying. You may not otherwise reproduce, republish, upload, post, transmit, modify, create derivative works from, sell or distribute in any way the content and materials on the Site.
D. Restrictions on Use. You agree to use the Site and related services only for lawful purposes and to follow all applicable laws and regulations. While using the Services, you will not:
• Violate any laws, regulations, third party rights, including intellectual property rights, or Westfield’s policies; publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
• Do anything to negatively affect Westfield’s goodwill, name or reputation;
• Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, company or enterprise (collectively, “Person”); or
• Collect, obtain, compile, transmit, reproduce, delete, revise, display any material or information, whether personally identifiable or not, posted by or concerning any other Person in connection with use of the Site, unless you have obtained the express, prior permission of such other Person.
E. Registration and Account Information. To use the services offered through the Site, a User must register and create an account. To register and create an account, you must create login details (a username and password) and provide personal information (“Registered Account”). You agree to provide true, accurate and current information. You are not obliged to provide Westfield with any optional information requested. As a registered User, you must maintain confidentiality of your login details and remain responsible for all activities that occur within your Registered Account. Should you become aware of or suspect any unauthorised use(s) of your Registered Account, you will immediately notify Westfield. You will ensure that you log out of your Registered Account at the end of each session when accessing the additional services.
You can use your Registered Account to access the additional services listed below. Please click on the links below to access the additional terms and conditions that apply specifically to each service.
• Terms and Conditions to Smart Parking Services – see section below.
• Terms and Conditions to Food Ordering Services – see section below.
F. Card Authorisation. When you set up your Registered Account you may need to add a payment card in order to make the most of some of the features on the Site.
In order to verify your payment card when you add it to your Registered Account or when you update the payment card details, we may issue an ‘authorisation hold’ for a small amount to your card. This amount is never actually charged to your account, but you may see a “pending” charge for the authorised amount. For example you might see a charge for GBP £0.50p from either Westfield or Stripe on your bank or card statement. It is independent of any payment transaction that you make using the Sites – i.e. it is not tied to a food order or smart parking payment. If your payment card issuing bank is in another country, you will see a pending charge for a similar amount in your regional currency.
Westfield immediately voids the authorisation hold, but it may take a few business days, for your card issuing bank to release the hold on your account; actual timing depending on your bank’s policy.
We issue authorisation holds as a way to protect against fraud that may result from unauthorised card usage. If you would like to confirm a specific item on your statement, please contact your bank directly.
G. Mobile Services. The Site includes certain services that are available via a mobile device, including (i) the ability to browse the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Site through a mobile device, your mobile operator’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your operator, and not all Mobile Services may work with all operators or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Registered Account information to ensure that your messages are not sent to any other person. The Site, some of its features or functionalities, may not be available on all devices. We do not guarantee that all or any features or functionalities of the Site will work on any particular device.
If you use the Mobile Services you must also comply with the terms and conditions of the Apple App Store, Google Play or any other app store from which you download the Mobile Services. There may be updates to the Mobile Services and you are responsible for installing updates as prompted by your device or app store. You may not be able to access or use the Mobile Services unless you install updates.
H. Content. Westfield will do its best to make sure the Site is as up to date and accurate as possible. Unless specifically stated otherwise, Westfield is not responsible for the information on the Site and makes no warranty in respect of its timeliness, accuracy or availability. Westfield disclaims all liability arising from any reliance placed on such information to the fullest extent permissible by English law.
In addition, where the Site contains details provided by third parties like information about shops or restaurants (including opening hours, menus and availability of stock), Westfield makes no promise that those details are up-to date or accurate.
When we receive your complaint we may, in our sole discretion, remove or block access to the content complained of.
Westfield or third parties may provide links to other websites or resources, including to retailer sites on the internet through the Site. Westfield has no control over such websites or resources. You agree that we are not responsible for the availability of other external websites or resources and are not responsible for any content, advertising, products, or materials on or available from such websites or resources. You access the other linked websites and resources at your own risk.
IV. FEEDBACK, SUGGESTIONS AND OTHER SUBMISSIONS
We welcome your feedback regarding our Site and services. We do not, however, accept confidential or proprietary information. All feedback, suggestions, ideas, materials, information and other submissions disclosed, submitted or offered to Westfield (collectively, “Submissions”) are not confidential and will become and remain our property. Westfield will not be liable for any use or disclosure of any Submissions. Submissions by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
V. DISCLAIMERS AND LIABILITY
Your use of the Site is entirely at your own risk. To the fullest extent possible, Westfield expressly excludes and disclaims all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the Site, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose. The material contained on the Site may contain inaccuracies and typographical errors. Westfield does not warrant the accuracy or completeness of the content and materials on the Site.
The Site may contain advertisements. Westfield is not responsible for and does not endorse the content of such advertisements and does not accept any responsibility for any errors or inaccuracies in such advertisements.
Westfield will not be liable for any damages whatsoever arising out of the use or performance of the Site, the provision of or failure to provide services, or for any information obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, or otherwise, even if Westfield has been advised of the possibility of damage.
If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole remedy, except as specifically provided in these terms, is to stop using the Site.
Notwithstanding anything in these Terms, Westfield does not disclaim liability for death or injury caused by our direct negligence, fraudulent misrepresentation, and/or anything else that cannot be excluded or limited by English law.
VI. VIRUS PROTECTION AND COMPATIBILITY
While certain precautions have been taken to detect computer viruses and ensure security, Westfield cannot guarantee that the Sites are virus-free and secure. Westfield will not be liable for any loss or damage which occurs as a result of any virus or breach of security. Westfield does not give any warranties as to the compatibility of the Sites with your computer systems, software and/or hardware.
If you use the Site in any way that results in damage to Westfield, you will need to take responsibility for such damage. You agree to indemnify Westfield and our officers, employees and licensors from and against any and all losses as a result of your access or use of the Site or breach of these Terms and Conditions.
These Terms and Conditions are effective unless and until terminated by Westfield. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from your use of the Site. Your access to the Site may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions.
A. Questions. Please contact us at firstname.lastname@example.org if you have any questions or concerns that need our assistance.
B. Applicable Law. You agree that the Terms and Conditions are governed by and interpreted in accordance with the laws of England and any disputes will be decided only by English courts.
C. Rights of Third Parties. Save for Westfield, none of these Terms and Conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
B. Waiver. No delay or omission by Westfield or you in exercising any right under these Terms and Conditions will operate as a waiver of that or any other right.
C. Modification. We reserve the right to modify these Terms and Conditions or any additional terms that apply to the Site, at any time without notice. You should review these Terms and Conditions regularly. Your continued access or use of the Site after the Terms and Conditions have been revised constitutes your express consent to the modified Terms and Conditions.
D. Severability. If a particular term or condition is deemed unenforceable, invalid or void, that term or condition will be deemed severable and not affect the validity and enforceability of any remaining terms or conditions.
E. Exclusions. The express provisions of these Terms and Conditions are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
These Terms and Conditions were last modified in May 2016 and are effective immediately.