Westfield

As at 17 November 2020 

WI-FI TERMS OF USE  

Welcome to our free Wi-Fi service. You are about to log on to a wireless internet access hotspot provided free of charge by Scentre Limited ABN 95 000 317 279 in conjunction with the owners of the shopping centres managed by Scentre Shopping Centre Management Pty Limited ACN 000 712 710 and its related bodies corporate (Scentre). 

In order to use the Westfield common area wireless internet access service (Westfield Wi-Fi Service) you will need to enter your email address and first name or register via a third party authentication service such as Facebook Connect. By using the Westfield Wi-Fi Service, you accept the following Wi-Fi Terms of Use and Wi-Fi Privacy Statement and any modifications that may be made to these terms from time to time. If you do not agree to the terms and conditions, you may not use the Westfield Wi-Fi Service. 

In the following Wi-Fi and privacy terms: 

• "we", "us" and "our" means Scentre Limited ABN 95 000 317 279 in conjunction with the owners of the shopping centres managed by Scentre Shopping Centre Management Pty Limited ACN 000 712 710 and each of their respective related bodies corporate; 
• "you" and "your" means the user of the device that connects to the Westfield Wi-Fi Service; 
• “Scentre Group” means Scentre Limited, each of Scentre Limited’s related bodies corporate, each person with whom Scentre Limited or any of its related bodies corporate is in joint venture or partnership, and each entity, trust, partnership or fiduciary arrangement (including each managed investment scheme) of any nature of which Scentre Limited or any of its related bodies corporate has been, is or becomes the trustee, manager or responsible entity including, without limitation, the Scentre Group Trust 1, Scentre Group Trust 2 and Scentre Group Trust 3.; and 

• "Third Party Provider" means any supplier of ours that is involved in the provision of the Westfield Wi-Fi Service. 

If you are not 18 years old or older, you must only accept these Wi-Fi Terms of Use and Wi-Fi Privacy Terms with a parent's or guardian's approval. 

Wi-Fi Terms of Use  

1. You agree to these terms either by clicking "Connect to WiFi" on the Westfield Wi-Fi Service's initial landing page or by accessing or using the Westfield Wi-Fi Service. 

 

1. While Scentre Group will use all commercially reasonable endeavours to provide a reliable, stable and secure Wi-Fi service and ensure that the Westfield Wi-Fi Service is generally available, Scentre Group: 

1. makes no representation that the Westfield Wi-Fi Service (or any associated functions) will always be available or will operate at all times without error; and  

1. expressly disclaims any representations that the Westfield Wi-Fi Service will operate on a continual or error free basis.  

 

The Westfield Wi-Fi Service in whole or in part, or particular Westfield Wi-Fi Service functions, may be non-operational at any time for any reason (including because of any planned maintenance or unavailability of any service). 

 

1. The Westfield Wi-Fi Service provides free wireless internet access within Westfield shopping centres. However, the Service is not supplied for, and is not suitable for supporting, any application or use which needs continuous fault free network connectivity and must not be used for business purposes. 

 

1. The Westfield Wi-Fi Service provides unencrypted wireless access to the Internet. You are responsible for the security of your system, device and any transmissions you make or receive and: 

1. you are liable for all use of the Westfield Wi-Fi Service that occurs in connection with your device, including if you permit another person to use your device or access the Internet via your device; 

1. you are fully responsible for your activities while using this Westfield Wi-Fi Service (including for any content, information and other materials you access or transmit via the Westfield Wi-Fi Service) and you agree that you bear all risks regarding use of this Wi-Fi Service; 

1. you acknowledge that you understand the risks of unencrypted access to the Internet, and will take any necessary security precautions, including encrypting confidential transmissions, backing up any data and protecting your system and device with a firewall; and 

1. you agree that security of your equipment and data, including safeguarding against the risks of hacking, viruses, eavesdropping, and all other such hazards, is your responsibility and not the responsibility of Scentre Group. 

1. Scentre Group does not take any responsibility for any user data which traverses the Westfield Wi-Fi Service network. Scentre Group cannot guarantee that your data will not become lost, damaged, or intercepted in transit using this Internet connection and does not take responsibility if you lose an email or a download or any other kind of transmission, or if someone gains access to your passwords, or for any other like circumstances.  Accordingly, any information which you transmit using the Westfield Wi-Fi Service, including for example, credit card details or personal information, is transmitted at your own risk and Scentre Group is not responsible while such information is in transit. The Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au/ (this website is not provided by the Scentre Group). 

 

1. Other than the measures referred to in clauses 8 and 9, we do not control information transmitted over the Westfield W-Fi Service and you release us from any liability arising out of your use of the Westfield W-Fi Service, including the transmission of that information to or from you and your use of it.  You acknowledge that: 

1. the Internet contains a variety of materials and information that may be offensive to you and that you assume full responsibility and risk of use of the Westfield Wi-Fi Service and the Internet; and 

1. you are solely responsible for your use of the Westfield Wi-Fi Service and for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online.   

1. Your activities on the Westfield Wi-Fi Service (including sending, receiving, downloading or printing any material using the Westfield Wi-Fi Service) must not: 

1. introduce any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; 

1. create any liability (civil or criminal) for Scentre Group or any Third Party Provider, cause Scentre Group to lose (in whole or in part) the services of our suppliers; 

1. violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); 

1. be defamatory, trade libellous, unlawfully threatening or harassing, or advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; 

1. be obscene or contain child pornography; 

1. infringe any third party's intellectual property rights, including copyright, patent, trademark, trade secret or other proprietary rights; 

1. impose an unreasonable or disproportionately large load on any systems or infrastructure; or 

1. involve any attempt to access any data or system, service or communication which you are not authorized to access; 

1. must not in any way rebroadcast or retransmit the Wi-Fi network using your own devices or other equipment. 

1. Scentre Group routinely monitors and logs communications over its networks for security, performance, and other purposes, and Scentre Group may access, monitor, audit, intercept and disclose any such communications, data or information in connection with your use of the Westfield Wi-Fi Service. 

 

1. Scentre Group may make certain Internet services unavailable, and may, in its absolute discretion, revoke your access to the Westfield Wi-Fi Service, at any time and for any reason with or without notice to you. In particular, Scentre Group reserves the right to: 

1. bar access to the Westfield Wi-Fi Service to anyone who is or is suspected to be in breach of the terms and conditions, or is behaving in an unsociable manner, or for any other reason; 

1. block access to any network protocols that are deemed inappropriate by Scentre Group or may contravene these Westfield Wi-Fi Service terms and conditions of use, including but not limited to those used by file sharing applications such as Limewire, eDonkey, or any Bit-Torrent type of client or Peer to Peer applications; and 

1. apply any such traffic shaping as is deemed necessary to provide access to Westfield Wi-Fi Service in a fair and stable manner to all Scentre Group customers. 

1. As a complimentary service, the Westfield Wi-Fi service are provided "as-is" and "where-is," without any warranties, express or implied.  

 

1. To the extent permitted by law, Scentre Group or any Third Party Provider is not liable for any loss or damage of any kind caused or contributed to by your use of the Westfield Wi-Fi Service, including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if we are expressly advised of the likelihood of such loss or damage. If liability cannot be excluded by law, our liability and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you is limited to AUD$100.00. If liability cannot be limited or excluded by law, then to the extent permitted by law, Scentre Group’s liability is limited to the following: 

1. if the breach relates to goods, repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and 

1. if the breach relates to services, resupplying those or equivalent services or paying the cost of having those services resupplied.  

1. To the extent permitted by law, you indemnify Scentre Group, its related bodies corporate, directors, officers and employees from any loss or damage of any kind caused or contributed to by your use of the Westfield Wi-Fi Service. 

 

1. Scentre Group reserves the right to alter the terms and conditions stated in this document at any time and for any reason. Continued use of the Westfield Wi-Fi Service by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WESTFIELD WI-FI SERVICE. 

 

1. If any of these terms is determined to be invalid or unenforceable under any applicable law, the term will be ineffective to the extent of such determination and such invalidation of such part or portion of these terms will not invalidate the remaining portions of these terms and they will continue to, and will remain, in full force and legal effect.  

 

1. Scentre Group may collect personal information from you, including the type of device you are using to access the Westfield Wi-Fi Service, the time you are accessing the Westfield Wi-Fi Service, the amount of data you download, and your media access control address.  Any personal data and other information provided by you will be processed by Scentre Group in accordance with the Wi-Fi Privacy Terms and the Scentre Group Privacy Policy. By providing any such personal data or other information you agree to the terms of the Wi-Fi Privacy Terms and the Scentre Group Privacy Policy and in particular you agree that Scentre Limited or members of the Scentre Group can collect, hold, use and disclose your personal information: 

1. for the purposes of and incidental to your use of the Westfield Wi-Fi Service; 

1. to optimise and personalise the experience we offer you based on your interests and use of our shopping centres, including by using information from your use of Westfield services and from third party data providers; 

1. to improve our websites, apps and the Westfield Wi-Fi Service; 

1. so that we can tell which webpages are the most popular and where shoppers spend most of their time; 

1. to communicate with you about services and benefits, events and offers that we think may be of interest to you and in connection with your use of the Westfield Wi-Fi Service and other Westfield Services or shopping centres. 

1. to provide to the owners of Westfield shopping centres managed by members of Scentre Group from time to time for use in connection with their internal business purposes, including market research and analysis and promoting and marketing their goods and services. They may also disclose aggregated data to their respective business partners for their business purposes; 

1. to complying with our legal, audit and reporting obligations where required or authorised by law; 

1. regulatory authorities and any Third Party Providers, including gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent use; and 

1. for other purposes to which you consent to, and for the purposes set out above, we may provide this information to Scentre Group’s agents, contractors, service providers, joint venture and commercial partners, including owners of Westfield shopping centres, and regulatory authorities, and may transfer your personal information to others in countries outside Australia (including to those that operate our cloud servers outside of Australia). 

 

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Wi-Fi Privacy Terms 

By accessing the Westfield Wi-Fi Service, you acknowledge and agree that:  

1. Profile Information 

 We will collect your information, such as (but not limited to): 

1. where devices are able to connect to, or are identifiable by, in-centre infrastructure, we may collect data including usage, location and type of device, from those devices, and other data which users consent to us collecting from time to time; 

1. the date and time you accessed each page on our websites; 

1. cookies which track your visits to our websites; 

1. the web browser that you are using and the pages you accessed; 

1. your name, email address and age range where provided; 

1. shopping centre arrival and departure time; 

1. device ID number (MAC address); 

1. location of your wireless device in-centre; 

1. length of browsing session; and 

1. the URL of websites visited. 
    

2.  We use and disclose your personal information: 

1. for the purposes of and incidental to your use of the Westfield Wi-Fi Service; 

1. to optimise and personalise the experience we offer you based on your interests and use of our shopping centres, including by using information from your use of Westfield services and from third party data providers; 

1. to improve our websites and apps, Westfield Services or shopping centres, and the Westfield Wi-Fi Service; 

1. to understand which web or app pages are the most popular and where shoppers spend most of their time; 

1. to communicate with you about services and benefits, events and offers that we think may be of interest to you and in connection with your use of the Westfield Wi-Fi Service and other Westfield Services or shopping centres. 

1. to provide to the owners of Westfield shopping centres managed by members of Scentre Group from time to time for use in connection with their internal business purposes, including market research and analysis and promoting and marketing their goods and services. They may also disclose aggregated data to their respective business partners for their business purposes; 

1. to complying with our legal, audit and reporting obligations where required or authorised by law; 

1. regulatory authorities and any Third Party Provider, including gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent use; and 

1. for other purposes to which you consent to, and for the purposes set out above, we may provide this information to Scentre Group’s agents, contractors, service providers, joint venture and commercial partners, including owners of Westfield shopping centres, and regulatory authorities, and may transfer your personal information to others in countries outside Australia (including to those that operate our cloud servers outside of Australia). 

 

3. How we process your information: 

1. If you access or log-in to the Westfield Wi-Fi Service, and we hold other personally unidentifiable information that can be associated to you or the device on which you are accessing the Wi-Fi Service (including, but not limited to a device ID number (MAC address)), then that information may be linked with personal information we hold about you as set out in these Privacy Terms or the Scentre Group Privacy Policy, and will be treated in the same manner as the personal information to which it has been linked.  

1. If you do not want to disclose your personal information to us or you do not agree to us collecting, using and disclosing your personal information as set out in the Scentre Group Privacy Policy, you are not permitted to join our Wi-Fi network.  If you decide not to join our Wi-Fi network, we will not be able to provide you with the free Westfield Wi-Fi Service. 

4. Third Party Social Media Service 

1. If you access or log-in to the Westfield Wi-Fi Service through a third party social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the third party social media service to share with us, such as your profile picture, email address, followers or friends lists, and any information you have disclosed in connection with that social media service.  

1. When you access the Westfield Wi-Fi Service through third party social media services, you are authorising Scentre Group to collect, store, use and disclose such information and content in accordance with these Wi-Fi Privacy Terms.  

1. If you do not want your personal information collected, stored, used or disclosed in this way, please do not access or log-in to Westfield Wi-Fi Service through a third party social media service. We do not collect your passwords from these third party social media services. 

 

5. Updating your information 

More information, including your right to access your information and how Scentre Group stores your information, is set out in Scentre Group’s Privacy Policy. Upon request, Scentre Group will remove your details from its databases.  To request details to be removed, please go to http://westfield.com.au/direct-unsubscribe or write to the Privacy Officer, Scentre Group Level 30, 85 Castlereagh Street, Sydney, NSW 2000. Information will be removed as soon as reasonably possible in accordance with the Scentre Group Privacy Policy and applicable laws. 

Our Privacy Policy contains details on how you may access and correct your personal information, how you may complain about a breach of your privacy and how we will handle any complaint or request. For more information on our privacy practices, please contact Scentre Group Privacy Officer at Level 30, 85 Castlereagh Street, Sydney NSW 2000 or at privacy@scentregroup.com or by phone on (02) 9358-7000. 

 

Scentre Group 

Members of Scentre Group means Scentre Limited, each of Scentre Limited’s related bodies corporate, each person with whom Scentre Limited or any of its related bodies corporate is in joint venture or partnership, and each entity, trust, partnership or fiduciary arrangement (including each managed investment scheme) of any nature of which Scentre Limited or any of its related bodies corporate has been, is or becomes the trustee, manager or responsible entity including, without limitation, the Scentre Group Trust 1, Scentre Group Trust 2 and Scentre Group Trust 3.