Terms & Conditions
Visiting & Using this website
You should assume that all contents of the website are copyrighted unless otherwise noted and may not be used as except as provided herein. You may freely browse the website and download material there from. You may use downloaded materials for personal, non-commercial use. You may not, however, distribute, modify, transmit, reuse, re-post or use any of such materials for public or commercial purposes, without the express written permission of Winston Hills Mall.
Images of people or places displayed on the website are either the property of, or used with permission by, Winston Hills Mall. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the website. Unauthorised use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
Your use of the website is at your own risk. Winston Hills Mall is not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the website. This includes damages to, or for viruses that may infect, your computer equipment. Without limiting the foregoing, everything on the website is provided to you "AS IS" and without any warranties whatsoever of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Any communication or material that you transmit to, or post on, the website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and non proprietary information. Winston Hills Mall may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Winston Hills Mall and its associated companies, are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the website for any purpose whatsoever, including, but not limited to, developing and marketing products. Further, if you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
Nothing contained in this website should be construed as granting, by implication, estoppels or otherwise, any license or right in and to the Trade Marks without the express written permission of Winston Hills Mall. Your misuse of the trademarks on the website and in its contents, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that Winston Hills Mall will aggressively enforce its intellectual property rights in the website and its contents to the fullest extent of the law, including by seeking criminal sanctions.
Winston Hills Mall has not reviewed all of the sites that may be linked to the website and is not responsible for the content of any other sites linked either to or from this website. Your utilisation of such links is at your own risk.
Although Winston Hills Mall may, from time to time, monitor or review the transmissions on the website, Winston Hills Mall is under no obligation to do so. Winston Hills Mall assumes no responsibility or liability arising from the content of the website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the website.
You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. Winston Hills Mall will fully cooperate with any law enforcement authorities or court order requesting or directing to disclose the identity of anyone posting any such information or materials.
Winston Hills Mall reserves the right to alter or delete material from the website at any time and will not be liable in any way for possible consequences of such changes.
Winston Hills Mall may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms and Conditions.
Leasing Disclaimer
The material on the Mall Leasing page is made available for the purpose of providing access to Winston Hills Mall information and not as professional or specific advice. Before relying on material found on or accessed via this page, users should obtain appropriate and specific professional advice relevant to their particular circumstances to evaluate its accuracy, currency, completeness and relevance for their purposes. Some material on website sheet may include or summarise views, standards or recommendations of third parties. The inclusion of such material is not an endorsement of that material. Winston Hills Mall does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, nor does Winston Hills Mall accept any responsibility for any such loss arising out of your use of or reliance on information contained in or accessed through this website.
FREE In Centre Wi-Fi Disclaimer
This is a legal agreement (“Agreement”) between you and Winston Hills Mall (WHM) governing your access to and use of this WI-FI Service (the “Service”).
By clicking your acceptance or by accessing or using this service, you acknowledge that you have read all the terms and conditions of this agreement, understand them, and agree to be legally bound by them.
Winston Hills Mall reserves the right to monitor your communications and activities via this service (including our content) during transmission and in connection with use of this Service, and may disclose any such information for purposes of ensuring your compliance with this agreement, applicable law, cooperating with legal authorities, and otherwise protecting the rights, property and interests of WHM.
You agree that your use of this service is a privilege and not a right.
You agree that you are fully responsible for your activities while using this Service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any prohibited, unlawful, infringing, tortious or harmful conduct; violate another party’s intellectual property, privacy or other rights; or otherwise interfere with the operation, use or enjoyment of any service, system or other property.
You are responsible for your security and privacy. There are privacy and security risks associated with wireless communications and the Internet generally. You acknowledge that WHM makes no assurance that your communications or activities will be or will remain private or secure, and agree that WHM assumes no responsibility in that regard. You agree that you, and not WHM, are solely responsible for your own privacy and security in using this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems.
Disclaimer of warranty. You acknowledge and agree that this service is provided “as is”, “with all faults”, and “as available”. your further acknowledge and agree that WHM disclaims all warranties and representations of any kind, whether express, implied or statutory.
Termination of service. You agree that WHM may, at any time and for any reason, change, terminate, limit or suspend this Service (in whole or in part) or your access to this Service. Upon any termination, your rights to use this Service will immediately cease.
Winston Hills Mall Loyalty App Disclaimer
1. LOYALTY APP
These official terms and conditions (T&Cs) apply to the loyalty application conducted by Winston Hills Mall of 180 Caroline Chisholm Drive, Winston Hills, 2153 (Loyalty App Manager)
Information on how to enter or use the Loyalty App and Loyalty Programs forms part of these T&C’s. The Loyalty App Manager may, at any time, amend, add to or delete any of these T&Cs.
Downloading the Loyalty App and joining the Loyalty Program is deemed acceptance of these T&Cs by Members and Participating Retailers including any changes made by the Loyalty App Manager.
As a customer at the Centre you may be rewarded for your loyalty when you participate in:-
(a) the Rewards Program;
(b) Deals; and/or
(c) Competitions;
(together called the Loyalty Programs).
2. SIGN UP / DOWNLOADING OF THE LOYALTY APP
The loyalty application is free for customers or participating retailers of the Centre to download.
The Loyalty Programs are free to access and are available on the Loyalty App.
Any person over the age of 18 years is eligible to download the Loyalty App and participate in the Loyalty Programs (and so be a Member).
Any retailer located in the Centre is free to download the Loyalty App and participate in the Loyalty Programs (and so be a Participating Retailer).
A Member will be required to provide personal information including their full name, suburb of residence, email address, telephone number, date of birth.
A Participating Retailer will be required to provide details about their business, trade name and location in the Centre.
3. EARNING POINTS THROUGH THE REWARDS PROGRAM
A Point is a form of currency used in the Loyalty Program to track a Member’s progress. Points may only be earned by a Member by complying with the T&Cs. Points can not be purchased, transferred or exchanged for cash. Points are a unit of measurement only and are allocated at the sole discretion of the Loyalty App Manager.
Members can earn Points through the rewards program (Rewards Program) by:
(a) making a specified purchase at a Participating Retailer (Buy/Scan) – the Points earned are limited to one Eligible Transaction per day;
(b) completing a specified task – the points earned are limited to completion of that individual task on one occasion;
(c) checking in with a beacon in the Centre – the points earned are limited to one check in at the Centre per day; and
(d) earning Points for special events – the points earned are limited to the special event or occasion only,
all the above tasks are found in the “EARN” area of the Loyalty App. Points earned by a Member through the Rewards Program are held in the Member’s account in the Loyalty App.
An Eligible Transaction is a purchase at a Participating Retailer of any goods or services, but these must not be:
(a) Tobacco Products; or
(b) Gaming Products; or
(c) deposits into banks, building societies or other financial institutions or payments on account of insurances and the like; or
(d) medical services including eye examinations, and prescriptions;
(e) rental payments and real estate commissions; or
(f) payments for registrations (e.g. motor vehicle registration), payments for utilities (e.g. electricity, gas, telephone), premiums (e.g. insurance and health fund premiums), rates and subscriptions (e.g. ambulance subscriptions) and lay-by payments.
A Gift Card is a card that is exchangeable for goods and services from a Participating Retailer.
A Tobacco Product includes:
(a) tobacco (in any form); or
(b) any product (for example a cigar or cigarette):
(i) that contains tobacco as its main or a substantial ingredient; and
(ii) that is designed or intended for human consumption or use; and
(iii) that is not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 (Cth); or
(c) a cigarette paper, cigarette roller or pipe.
A Gaming Product includes:
(a) a lottery ticket under the Lotteries Act 1997 (Qld);
(b) a ticket in a game of lucky envelopes or a promotional game that is scratched to reveal numbers, letters or symbols that may entitle the player of that game to a prize; or
(c) a voucher or under acknowledgement for playing:
(i) a game under the Casino Control Act 1982 (Qld);
(ii) a gaming machine under the Gaming Machine Act 1991 (Qld) or
(iii) an approved keno game under the Keno Act 1996 (Qld);
(d) a ticket or other acknowledgement for a bet under the Wagering Act 1998 (Qld).
There is no monetary minimum or maximum limit prescribed for an Eligible Transaction made through the Rewards Program.
A Member earns:
(a) The advertised Points for each Eligible Transaction made at a Specialty Retailer; and
(b) The advertised Points for each Eligible Transaction made at a Major Retailer.
The Member will be permitted to scan a unique quick response code in the form of a 2 dimensional barcode (QR Code) assigned to a Participating Retailer and, by doing so, earn Points at the time they Buy/Scan.
Other ways that Members may earn Points include carrying out any of the following the prompts on the Loyalty App (where available):
(a) Points for checking in – a Member may “check in” through the Loyalty App – Points earned are limited to one check in at the Centre per day;
(b) Points for birthdays – a Member earns Points when it is their birthday;
(c) Points for referrals – where a Member refers a friend to the Loyalty App and the friend downloads and signs up to the Loyalty App;
(d) Points for social sharing – where a Member shares the Loyalty App through social media through the Loyalty App – Points earned are limited to one social media sharing transaction per day;
(e) Points for providing feedback – where a Member provides feedback via the Loyalty App on their customer experience in the Centre – Points earned are limited to each occasion when feedback is requested via the Loyalty App.
Bonus Points – for each 1000 Points earned by a Member they will also receive bonus Points on the Loyalty App.
A Specialty Retailer refers to Participating Retailers which do not include a Major Retailer.
A Major Retailer refers to those Participating Retailers who trade as Woolworths, BWS, Coles, Liquorland, Big W & ALDI.
4. REDEEMING POINTS FOR REWARDS
Staff from a Specialty Retailer and/or a Major Retailer are prohibited from earning points from their own store where they are employed.
To redeem Points for rewards a Member must click on the “REDEEM” screen on the Loyalty App and follow the prompts (Redeem Points).
The rewards available to be redeemed by Members (Rewards) will require a certain number of Points to be redeemed depending on the recommended retail value of the Reward (Value).
The Loyalty App Manager may offer Rewards available at a particular Centre that are equal to, or more than, the Value of $100. Where these Rewards (Valued at $100 or more) are available, the Loyalty App Manager reserves the right to determine the number of Points Required at a particular Centre at any given time.
The Rewards, the Value and the Points Required at a Centre will vary from time to time and will be at the sole discretion of the Loyalty App Manager, who may change, amend or delete the Rewards, the Value and/or the Points Required at any time.
The Value is used only as a unit of measurement and does not necessarily correlate to the worth (in money terms) of a Reward.
The Rewards available at a Centre for Members to Redeem Points will vary from time to time, subject to stock availability. Rewards will be items or products nominated by the Loyalty App Manager at its sole discretion.
After a Member has chosen a Reward on the Loyalty App and provided they have the Points Required, they must attend at the Centre’s management office to redeem the Reward. At the Centre’s management office the Member must scan the corresponding QR Code for the Reward chosen (which may be digital or printed).
By scanning the corresponding QR Code for a Reward the Points Required will automatically be deducted from the Member’s account on the Loyalty App.
5. DEALS
The Loyalty App Manager and/or Participating Retailers may from time to time offer deals to Members (Deals).
Deals are outside the core earning and redeeming function of the Rewards Program.
Deals can be accessed by Members through the Loyalty App home page and will be subject to change over time.
Deals will be limited to a certain number offered to Members to be redeemed or purchased within certain timeframes.
A Member may redeem a Deal by attending at the Participating Retailer offering the Deal, clicking the Deal they are claiming and scanning the Participating Retailer’s QR Code for that Deal.
Examples of Deals include: a discount on the Value of an item or a 2 for 1 voucher.
6. COMPETITIONS
The Loyalty App Manager may from time to time offer competitions to Members (Competitions).
Competitions are outside the core earning and redeeming function of the Rewards Program.
They can be accessed by Members through the Loyalty App home page and will be subject to change over time.
Examples of Competitions include: scratch and win or an Easter egg hunt using electronic beacons.
7. GENERAL TERMS AND CONDITIONS
Apple Inc. is not a participant or sponsor of this promotion, the Loyalty App or the Loyalty Program.
Google and Facebook are not participants or sponsors of this promotion, the Loyalty App or the Loyalty Program.
The Rewards offered for redemption by Members will not be Apple Inc products as Apple Inc provides no endorsement of this promotion in any way.
Members may opt out of the Loyalty Program, and/or the Loyalty App, and/or push notifications at any time by changing the settings on the Loyalty App or deleting the Loyalty App.
The Loyalty App Manager reserves the right, at any time and in its sole discretion, to verify the validity of Members (including a Member’s identity, age and place of residence) and to disqualify any Members who fail to use the Loyalty App or participate in a Deal or Competition other than in accordance with these T&Cs, who tampers with the entry process, or engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Loyalty App.
The Loyalty App Manager’s legal rights to recover damages or other compensation from such an offender are reserved. Failure by the Loyalty App Manager to enforce any of its rights at any stage does not constitute a waiver of those rights.
The Rewards available at a Centre for Members to Redeem Points are at the sole discretion of the Loyalty App Manager and are not transferable, refundable, exchangeable or redeemable for cash or kind and must be taken as offered and are subject to availability.
If any Reward is unavailable for whatever reason, the Loyalty App Manager reserves the right to substitute the Reward for a reward of equal or greater value, subject to statutory requirements.
Persons under 18 years cannot participate in the Loyalty Programs.
The Loyalty App Manager reserves the right to cancel, terminate, modify or suspend the Loyalty Programs subject to the approval of the relevant regulatory authorities where required.
Any warranty on the goods and services obtained as a result of the Loyalty Programs remain the sole responsibility of the manufacturer/supplier of the Reward.
The Loyalty Programs are not valid in conjunction with any other offer.
In the event of war, terrorism, state of emergency or disaster, the Loyalty App Manager reserves the right (subject to all relevant State and Commonwealth laws), to cancel, terminate, modify or suspend the Loyalty App.
The Loyalty App Manager’s decision in respect of all aspects of the Loyalty Programs is final and binding on all Members and Participating Retailers and no correspondence will be entered into.
The Loyalty App Manager and/or the Owner will not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered (including but not limited to that arising from any person’s negligence) in connection with the Loyalty App and/or any aspect of the Loyalty Programs, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
All participating individuals and retailers are responsible for any taxation liability (including any GST) or other government charges or reporting requirements arising from their participation in the Loyalty Programs or receipt of a Reward (if any). If participation in the Loyalty Programs or receipt of a Reward involves a taxable supply being made, then the participating individual is responsible for paying any amount charged by the entity making the supply in respect of its GST liability on the supply. The Loyalty App Manager does not offer any advice or accept any responsibility with respect to these matters.
The collection, use and disclosure of personal information in connection with the Loyalty App is governed by the Loyalty App Manager’s privacy notice (which is available on the Centre’s website) and these T&Cs.
Members accept and agree that their personal information will be collected for the purpose of:
(a) providing Members with the relevant product or service;
(b) managing and administering the product or service; and
(c) protecting against legislative breach where it is a financial management service.
The Loyalty App Manager may also acquire personal information to be provided in order to provide ongoing customer support or to improve the Loyalty App Manager’s services and marketing and promotional services to the Owner and the Centre.
All applications and sign ups by Members and any copyright subsisting in the applications and sign ups into the Loyalty Programs become and remain the property of the Loyalty App Manager.
All participating individuals consent to their personal information being entered onto a database, which may be made available to the Loyalty App Manager for marketing purposes relating to the promotion of the Centre and retailers located in the Centre.
The Loyalty App Manager reserves the rights, trademarks and copyrights of the Loyalty Programs and all artwork, images and print copy associated with the Loyalty Programs.