WESTFIELD NEWMARKET LOADING DOCKS

TERMS AND CONDITIONS

July 2019

1. INTRODUCTION

   1. Westfield Newmarket (referred to in these Terms and Conditions as we, us and our) provide several loading docks for retail tenants to deliver goods to the Westfield Newmarket premises, located at 277 and 309 Broadway Newmarket. There are multiple Docks, some of which are dedicated to individual retail tenants, while others serve multiple retail tenants.

2. We provide a booking system for deliveries in order to reduce congestion and to maintain better traffic flows in and out of the Docks, and the surrounding roads (Booking System). The Booking System is hosted by our hosting provider, Fred Solutions Limited, and is made available to you via an internet browser.

3. Every person wishing to enter the Docks with a motor vehicle must hold on each occasion, a valid booking pin code, issued by the Booking System in order to gain access to the Docks.

4. By making a booking with the Booking System (Booking) and/or entering the Docks, you are deemed to have accepted these Terms and Conditions. You agree to comply with, and ensure that any person acting on your behalf or with your authority (Affiliate) complies with these Terms and Conditions.

5. These Terms and Conditions apply to all users of the Booking System and the Docks except to the extent that we may vary these Terms and Conditions for specific users, or specific Docks.

2. HEALTH AND SAFETY

   1. All health and safety notices and instructions must be adhered to at all times. All personnel at the Docks must adhere to the Loading Dock Guidelines displayed in the dock, wear personal protective equipment as required and conduct all activities in a safe manner including consideration of others in the area.

2. Specific health and safety plans and procedures, risk management and other processes as required under current legislation (Health and Safety Requirements) must be implemented and followed. The Health and Safety Requirements do not form part of these Terms and Conditions, nor do these Terms and Conditions substitute or replace the Health and Safety Requirements.

3. FEES

   1. Where you make any Booking within the allocated “peak periods” (as described on the Booking System) you agree to pay any fee displayed for that peak period as set out on the Booking System at the time of making the Booking.

4. USE OF THE DOCK

   1. You must:

      1. comply with all rules or directions displayed in the Docks from time to time and with all relevant laws;

      2. not obstruct other persons or vehicles using the Docks; and

      3. identify yourself by providing us with your name and company if asked;

2. These rules of use also apply to any passengers and other users of your vehicle.

3. The only vehicles that are authorised to access the Dock are vehicles which;

   1. have a current warrant of fitness and motor vehicle registration;

   2. are roadworthy and able to be driven at all times; and

   3. do not represent any danger or risk to other vehicles, persons or the Docks.

5. WHAT HAPPENS IF YOU DO NOT COMPLY WITH THESE TERMS AND CONDITIONS?

   1. If you do not comply with these Terms and Conditions, your access to the Booking System or the Docks may be restricted or prohibited.

2. Any use of the Docks which exceeds your pre-booked access via the Booking System may result in the vehicle being towed, clamped or moved at your cost, and your Registration on the Booking System may be cancelled.

3. You agree to indemnify us in respect of any claim made against us by any third party arising from either:

   1. your use of the Booking System or the Docks; or

   2. the use of the Booking System or the Docks by any of your Affiliates.

6. OUR POSITION

   1. To the fullest extent permitted by law, we will not be liable for:

      1. any direct or indirect, incidental, special or consequential loss or damage;

      2. any loss of data, profits, revenue, business or goodwill; or

      3. any damage to your device or the data held on your device,

arising out of or in connection with access to, use of, or presence at the Docks, or the use of the Booking System by you or any of your Affiliates (the Purpose).

2. To the fullest extent permitted by law, we disclaim and exclude all representations, warranties and conditions, whether express, implied or statutory, relating to the Purpose.

7. DAMAGE

You are liable for any damage to the Dock caused by your vehicle, including damage caused by oil or other substances. This includes any damage to any equipment and furniture within the Docks.

8. NO SAFE CUSTODY

   1. We accept no liability for any loss or damage to any vehicle or any other article left in the Docks by you or your Affiliates.

2. Our employees are not authorised to accept any of your possessions for safe custody.

9. AMENDMENTS TO THESE TERMS AND CONDITIONS

We may amend these Terms and Conditions from time to time. We will indicate the date of the last update of these Terms and Conditions on the version of the Terms and Conditions available through the Booking System. You should check the Terms and Conditions from time to time to check for any amendments. If you continue to use the Booking System and to access the Docks after any such amendment, you will be considered to have accepted the amended Terms and Conditions.

10. OTHER AGREEMENTS

If there is any inconsistency between these Terms and Conditions and those contained in any other written agreement which you have entered with us, the conditions in that other agreement will prevail.

11. USE OF THE BOOKING SYSTEM

    1. You may make a Booking for access to an available Dock via the Booking System at any time.

2. You may access the Booking System by creating and registering an account on the Booking System. You will be required to complete the registration process provided on the Booking System, which includes the creation of login details and a profile (Registration). Registration is required in order to make a Booking. You will be responsible for all activity on the Booking System conducted using your registered login so you should ensure that you keep your login details including user ID and password confidential and secure.

3. Once you make a Booking, the “My Bookings” tab of the Booking System will set out:

   1. your pin code;

   2. which Dock you will have access to;

   3. the time that your access will commence; and

   4. the duration of your access,

and your access to the Docks will be in accordance with this information.

4. Each Booking is for a single entry to the Docks only.

5. You may cancel a Booking, for any reason, at any time up to two hours before the period commences, and a refund (if applicable) will be available. No refund will be given for any cancellation of a Booking less than two hours before the Booking period commences.

6. You cannot edit any Booking once it is submitted, but you can cancel a Booking and create a new Booking including any necessary amendments.

7. If you wish to cancel a Booking, you must access the Booking System using your login details and proceed to the Booking cancellation under the "My Bookings" tab.

8. As the person making the Booking, you are responsible for ensuring that the delivery vehicle meets the maximum height, length and truck type restrictions (Vehicle Specifications).

9. You are not entitled to a credit or refund if a Booking is made and your vehicle does not comply with the Vehicle Specifications.

10. Unless you make a Booking through the Booking System, we give no guarantee whatsoever that a Dock will be available or that you will be able to access the Docks.

11. You may only use the Booking System as permitted by these Terms and Conditions and for lawful purposes, and you are not allowed to:

    1. copy any part of the Booking System;

    2. modify, translate, or otherwise create derivative works from any part of or content on the Booking System;

    3. interfere with, or disrupt, the provision of the Booking System or its use by anyone else; or

    4. attempt to circumvent the Booking System's security, gain unauthorised access to the Booking System, the server on which the Booking System is stored or any server, computer or database connected to the Booking System.

12. All intellectual property on the Booking System (including the text, graphics, photographs, images, sound, copyright works and trade marks) is owned by us or our licensors. We are the exclusive owners of all rights in the compilation, design and layout of this Booking System. You are not being given any rights in respect of any intellectual property rights owned by us or our licensors and you acknowledge that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by using any content on the Booking System or otherwise.

12. PRIVACY

    1. When you undertake Registration, make a Booking and access the Docks we will be collecting the personal information you provide to us as part of the Registration and Booking processes and in the course of using the Docks. This will include your name, contact details (such as email and phone number) and vehicle registration number. We will use this information to enable you to make Bookings and access the Docks and to provide related services as well as responding to your queries (Purposes). We may also share this information with our third party service providers (including Fred Solutions Ltd) for the Purposes.

2. Our privacy policy (available at, www.westfield.co.nz, and updated from time to time by publishing an updated version on that website) (Privacy Policy) and these Terms and Conditions govern the collection, use and disclosure of your personal information by us, as well as how we share your personal information and how we manage personal information.  By using the Booking System and entering the Docks you agree that we may collect, use and disclose your personal information in accordance with these Terms and Conditions and the Privacy Policy.  If there is any inconsistency between these Terms and Conditions and the Privacy Policy, these Terms and Conditions will have precedence.

13. ACCESS TO THE BOOKING SYSTEM AND SECURITY

    1. Subject to these Terms and Conditions, we will use reasonable endeavours to ensure the Booking System is available other than when we need to suspend or restrict access to the Booking System in order to carry out maintenance, or for operational or technical reasons. We do not guarantee that your access to, or use of, the Booking System will be uninterrupted, error-free or virus-free.

2. We will do everything reasonably within our power to prevent unauthorised use or disclosure of the personal information about you that we hold in accordance with our Privacy Policy. However, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk. You are responsible for ensuring the security of the personal information held on your computer, mobile or other device.

14. GENERAL

    1. All rights granted to you under these Terms and Conditions will terminate immediately if you are in breach of any of these Terms and Conditions.

2. These Terms and Conditions are governed by the laws of New Zealand, and any related disputes will be resolved by the New Zealand courts.

3. No waiver by us of our rights under these Terms and Conditions will be effective unless it is in writing.

4. If any part of these Terms and Conditions is found to be unenforceable, all the other parts shall remain unaffected.

15. SCENTRE DETAILS

    1. Scentre (New Zealand) Limited is the owner and operator of Westfield Newmarket. The registered office is located at Level 2, Office Tower, 277 Broadway, Newmarket, Auckland.

2. If you have any questions about these Terms and Conditions, the Booking System, or access to the Docks, please find the details to contact us at newmarket@scentregroup.com.