VIP ‘SPEND AND WIN’ TERMS AND CONDITIONS Chartwell Shopping Centre
Information on the www.chartwellshoppingcentre.co.nz website (this Website) is provided by Stride Investment Management Limited (SIML) as manager of Chartwell Shopping Centre. References to “we”, “us”, “our” and “SIML” for the purposes of these terms and conditions, may also include Stride Property Limited and Equity Trustees Limited on behalf of Diversified NZ Property Trust. The Terms and Conditions set out below apply to all users of this Website. When accessing or using this Website, you are deemed to have agreed to comply with these Terms and Conditions and any other terms or instructions for access or use posted on this Website. You agree to act in accordance with the law and in good faith. You agree not to make any change or alteration to the Website or any content or services that may appear on this Website and agree not to impair the integrity or operation of the Website in any way. SIML reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on this Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website thereafter constitutes your agreement to all such changed terms and conditions. If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
These Terms and Conditions are governed by the laws of New Zealand and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for determining any dispute concerning these Terms and Conditions. All currency references on this Website are references to New Zealand dollars (unless otherwise specified).SIML may, at any time and with or without prior notice, terminate or suspend provision of this Website.
Information provided on this Website is general in nature and is for information purposes only. SIML does not warrant the accuracy, completeness or currency of information that is made available through this site. We will endeavour to ensure that information is accurate and updated as soon as practicable when it becomes aware that material changes have occurred. However, we will not be liable for or in connection with any loss or damage arising from any inaccuracies, errors or omissions in information made available through this site. Any reliance upon the material on this website will be at your own risk.
To the extent permitted by law, SIML and its employee’s and agents, exclude any liability they may have to you arising directly or indirectly out of or in connection with this website, or its links to third party websites. This exclusion applies to any losses, costs or damages you may claim for (including but not limited to indirect or consequential loss) and however the liability arises, or might arise if it were not for this exclusion.
Our website is operated from New Zealand. The information on our website may not be appropriate or available for use in other jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
The contents of our website are the copyright of Chartwell Shopping Centre or suppliers to us. No part of our website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on our website.
SIML is not responsible for the content of any websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by Chartwell Shopping Centre and/or SIML, or any of their affiliates or partners, of the referenced content, product, service, or supplier. Your linking to or from any other websites is at your own risk. SIML is in no way responsible for examining or evaluating, and it does not warrant the offerings of any other websites linked to or from the Website, nor does Chartwell Shopping Centre and/or SIML assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all other websites that you visit.
Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
To the fullest extent permitted by law, we exclude all liability in relation to our website including all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).
You agree to take all necessary action to defend and indemnify SIML and its directors, officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against SIML (or any of the affiliates noted above), arising from a breach by you of any of these Terms and Conditions.
These terms and conditions form the entire agreement between us and you relating to our website.
If at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties. These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.
All of the information provided on and available from this Website and the use of the words Stride, Stride Property Limited, Stride Investment Management Limited, and related logos are all owned by Stride Property Group. You may not alter or modify this information in any way. This information may be viewed online and may be reproduced in hard copy only for your personal reference. You may only use information on this Website for your own personal use or with Stride’s express permission and in accordance with Stride’s directions from time to time. The use of and creation of links to this Website are at the risk of the user and are subject to Stride’s and the user’s general legal obligations. Stride makes no warranty and accepts no liability in relation to the use of any information from this Website. For further information about creating links to this Website and about using Chartwell Shopping Centre material, please visit the “Contact” page on this Website.
BY USING THE CAR PARK DESIGNATED FOR ELECTRONIC VEHICLES YOU ARE DEEMED TO HAVE AGREED TO BOTH THE GENERAL TERMS AND CONDITIIONS UPON ENTERING THIS CAR PARK, AND THE TERMS AND CONDITIONS SET OUT BELOW REGARDING THE USE OF CAR PARKS DESIGNATED FOR ELECTRONIC VECHICLES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE USE A CAR PARK THAT IS NOT DESIGNATED FOR ELECTRIC VECHILES.
ACCEPTANCE OF TERMS
By parking an electronic vehicle ("EV”) in one of the carparks designated for use exclusively for EV’s (“EV Park”), in this car park facility (“Car Park”), you acknowledge that you have read and understood these terms and condition (“Terms”) and agree to be bound by them (and you warrant that you have the authority to bind the owner of the EV to them). If you do not agree to be bound by these Terms, or do not have the authority to bind the owner of the EV to them, then you must not park the EV in any EV Park, and must not actively or passively prevent or obstruct any other person or vehicle from having access to the EV Parks.
These Terms are binding and enforceable from the point of entry into the EV Park until the EV exits the EV Park entirely, and applies 24 hours, 7 days a week.
USE OF EV PARKS
EV Parks may only be used to park an EV by customers of Chartwell Shopping Centre ("Centre”).
a. comply with these Terms;
b. take all reasonable efforts to comply with any additional instructions, rules and directions displayed in and around the EV Parks from time to time; any guidelines outlined in the owner’s manual supplied with the EV, all relevant laws applicable to EV use, and any reasonable request we may make of you from time to time in relation to your use of the EV Parks;
b. only use or attempt to use an EV Park for recharging an EV if your EV is compatible with the charging equipment located in the EV Park (“Charging Station”);
c. ensure that your use of the Charging Station is fair and reasonable and in no way excessive, and in any event not park an EV in any EV Park over the stipulated maximum parking time notified at the entrance to the Car Park (if applicable) without prior written authority from Centre management;
d. not use any EV Park in a way that may put you, the EV, the Charging Station, the EV Park, the Car Park, the Centre or any other vehicle or person at risk;
e. not obstruct any other EVs that are using the EV Parks or any other vehicles that are using the Car Park;
f. not abandon the EV which includes leaving the Centre or Car Park without the EV, other than with prior authority from Centre management; and
g. not cause any damage to the power supply, electricity service or Charging Station itself, when using the Charging Station.
You acknowledge that the EV Parks are not supervised and that your use and operation of them (including any Charging Station) are at your sole risk. Stride Investment Management Limited (“we/our”) will not be liable for any damages caused whatsoever to any person or property, or losses suffered, of whatever nature, for any interruption to or cessation of the supply of electrical power whatsoever; or for any use of the EV Parks generally or by reason of anything occurring or not occurring within the EV Park, Car Park, or Centre whether naturally, negligently, willfully or otherwise.
You acknowledge that we may suspend or refuse access to the EV Parks at any time, for any reason, without notice.
We will endeavour to maintain the EV Parks and ensure their compliance with relevant statutory requirements and industry safety standards, but we in no way guarantee the performance of the EV Parks or Charging Station, compatibility with your EV, availability of EV Parks for use, uninterrupted supply of electricity to the Charging Stations or that connecting your EV to a Charging Station will result in a successful and timely recharge of your EV’s battery or batteries.
BREACH OF THESE CONDITIONS
a. clamp the EV (at your risk and expense) and hold the EV until any amounts owing to us pursuant to these Terms have been paid to us in full (including any release or other fee charged by the clamping company).
DAMAGE, LOSS AND INJURY
You are responsible for any damage to the EV Parks (and for the avoidance of doubt, any Charging Station) caused by you or the EV. If you damage the Charging Station or EV Parks then we may elect to carry out repairs to remedy the damage and you will be liable to pay for the cost of these repairs ("Repair Cost”). Such money expended by us, shall be deemed to be a debt owing by you to us, and you will be sent an invoice for the Repair Cost. If you fail to pay the Repair Cost within twenty-one (21) days of the date of the Repair Cost invoice, we will send a Reminder to you requiring you to pay the Repair Cost invoice, and the additional sum of twenty dollars ($20.00) for the Further Fee, within seven (7) days of the date of the Reminder. You acknowledge and agree that we may refer the matter to a debt collection agency to enforce payment of the sums owing by you, together with our reasonable costs in doing so (including any solicitor/client costs) and default interest at an interest rate of 10% per annum from the date of the Repair Cost invoice until the date of payment.
While we shall take all reasonable care, we cannot guarantee the security of the EV or its contents while parked in an EV Park.
To the fullest extent permitted by law, we accept no liability for (and in no way indemnify you in relation to) any loss, damage or claim, whether direct, indirect, special or consequential, pecuniary or non-pecuniary, arising in tort or contract or otherwise, by you or any other person (whether we are negligent or in breach of these Terms) as a result of or in connection with your use of the EV Parks or the Charging Station, including (but not limited to) any claim in relation to:
a. loss or damage to the EV or any other vehicle;
b. loss or damage to the contents of the EV;
c. loss or damage resulting from your use of the EV Parks or being unable to use the EV Parks;
d. negligence; and
e. personal injury.
You will be liable to us, and agree to indemnify us, in respect of any direct or indirect loss, damages, or claim arising from your use of the EV Parks or Charging Station, or the use of the EV Parks or Charging Station by any person acting on your instructions or under your authority.
a. to provide us with your full name, address and/or the number plate details of the EV (“Information") if asked by us (including when obtaining any ticket, pass or when making an electronic payment, if applicable);
b. that we may obtain the full name and address of the owner of the EV (if applicable) from the motor vehicle register.;
c. that we may pass your Information on to any third party for the purpose of enforcing these Terms (including, but not limited to, NZTA, debt recovery or wheel clamping); and
d. that we may use automatic number plate recognition in this Car Park and/or any other visual surveillance, audio surveillance and/or (recording equipment for the purposes of monitoring compliance with these Terms, protecting our lawful interests, and protecting the safety and security of our employees, agents, contractors, customers, and any other persons accessing the Car Park, EV Parks and/or the Centre;
If we fail to act or pursue any right or remedy available to us, this will in no way prejudice our right to exercise any other right or remedy.
If any part of those Terms shall be held to be illegal, invalid or unenforceable this shall not affect the remaining parts of these Terms which shall remain in full force and effect.
We may amend these Terms at any time and for any reason without notice. No one is authorised to amend these Terms on our behalf.
r. "claim”: any claim for damage, loss or compensation, and any demand, remedy, liability or action;
s. “damage”: direct, indirect consequential and special damage;
t. “EV Parks”: that part of the Car Park designated for parking electronic vehicles, together with the designated parking space/s and associated Charging Station (where context permits); and
u. “EV”: the EV together with its accessories and contents.
This promotion is open to children aged 0-10 years old who are signed up to be in the Chartwell Shopping Centre Little Royals Kids Club under the supervision of an authorised parent, caregiver or guardian.
Each registered child is eligible for 1 gift per year, to celebrate their birthday.
Birthday gifts are subject to change and will vary from month to month and by age group.
If any gift remains unclaimed within 3 months of the original email to the email address of the registered parent, caregiver or guardian, the Promoter reserves the right to disallow collection of the gift.
Kids Club birthday gifts are not transferable, changeable, or redeemable for cash.
Once awarded, the Promoter is not liable for any gift that has been lost, stolen, forged, damaged, or tampered with in any way.
In the event that any gift becomes unavailable for any reason beyond the Promoter’s control the Promoter may in its sole discretion decide to provide an alternative gift.
The Promoter reserves the right to disallow the collection of gifts in its absolute discretion and without giving reasons.
The Promoter reserves the right, at any time, to verify the validity of the registration of a child and determine the child’s eligibility to participate in the promotion (including the child's identity and age) and to disallow the collection of a gift by or on behalf of a child or refuse to give a birthday gift where false or misleading details have been given on behalf of a child, or where the authorised parent, caregiver or guardian of a child, has behaved in a fraudulent or dishonest manner, or otherwise than in accordance with these terms and conditions or the spirit of the promotion.
An email will be sent to the registered email address during the child’s birthday month. The birthday gift will be available for collection by the parent, caregiver or guardian of the registered child from the Queensgate Shopping Centre Customer Service Desk. Arrangements may be made, at the discretion of the Promoter, to deliver the gift to an address in New Zealand.
The parent, caregiver or guardian of the child may be required to show their own identification on collection of the gift.
The parent, caregiver or guardian of the child acknowledges and agrees that he or she will comply with all instructions given by employees of the Promoter and other agencies associated with this promotion and agrees not to do anything that may bring the Promoter into disrepute.
The parent, caregiver or guardian of the child agrees that as a condition of receiving the gift on behalf of the registered child, he or she may be required to execute a waiver and indemnity in the form provided by the Promoter.
If the parent, caregiver or guardian of a registered child cannot accept the gift for any reason, the Promoter’s offer to give a gift will be void and no compensation will be payable.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
All decisions made by the Promoter, its employees or agents are final and the Promoter will not enter into any exchange correspondence with the parent, caregiver or guardian of the registered child.
The Promoter may amend, suspend or cancel any aspect of the promotion (including any prize/ gift) at any time at its sole discretion.
Except for any liability that cannot be excluded by law, the Promoter (including its officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives, advertising and promotional agencies), excludes all liability (including negligence), for any personal injury or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where attributable to any of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected ; (d) any variation in the prize; (e) any tax liability incurred by a claimant or entrant; or (f) use of a prize.
As a condition of a child’s participation in this promotion and the registration by a parent, caregiver or guardian of a child’s participation in this promotion, the registered parent, caregiver or guardian of a child registered to participate in this promotion will indemnify the Promoter, all organisers, sponsors and all other persons and organisations associated in any way with the promotion against all claims, damages, liabilities, costs and expenses (including legal fees on a solicitor and client basis) which the Promoter may incur arising out of any breach, by registered parent, caregiver or guardian of a child registered to participate in the promotion, of these terms and conditions.
The Promoter will not be liable to the registered child or the parent, caregiver or guardian of the registered child for any costs which the registered child or the parent, caregiver or guardian of the registered child suffers or incurs due to the registration and participation of the registered child in this promotion, or the use of any gift given under this promotion.
The Promoter collects and holds personal information provided by entrants for the purposes of this promotion, and to advise details of further promotions by mail, email or text. You will always be given the right to opt-out of receiving further communications. Failure to provide requested personal information may disqualify a person from being able to receive a gift. All personal information provided by entrants will be held by the Promoter at the address specified in clause 22 below. Under the Privacy Act 1993, entrants have the right to access and correct any such personal information. Entrants may access and request correction of any of the details about them held by the Promoter by sending an email to email@example.com.
The Promoter is Chartwell Shopping Centre, 201 Hukanui Road, Chartwell, Hamilton, New Zealand.