(Updated: November 2020)

SkyCity Application General Terms

1. Your use of the mobile application (the "App") offered by the SkyCity Entertainment Group comprising SkyCity Entertainment Group Limited and all its related entities, (“SkyCity”) and all services available through the App are governed by these Terms and Conditions. By accessing and using the App, you unconditionally agree and accept to be bound by these Terms and Conditions.

2. SkyCity reserves the right to vary any information available through the App, including these Terms and Conditions, at any time by uploading the same to the App. Your continued use of the App after any amended Terms and Conditions are uploaded constitutes your consent to be bound by these Terms and Conditions as amended. SkyCity may terminate or suspend your use of the App at any time.

3. The services available within the myPremier (NZ) tab of the App are only available to New Zealand Residents. The services available within the SkyCity Rewards (Adelaide) tab of the App are only available to residents of Australia.

Use of the App

4. Where you create a profile within the App (“Profile”) you agree to maintain accurate, complete, and up-to-date information in your Profile. Your failure to maintain accurate, complete, and up-to-date Profile information may result in your inability to access or use the App’s services. You are responsible for all activity that occurs under your Profile, and you agree to maintain the security and secrecy of your Profile username and password at all times. Unless otherwise permitted by SkyCity in writing, you may only possess one Profile.

5. You warrant that, when accessing myPremier (NZ) or SkyCity Rewards (Adelaide), you comply with all local laws, regulations and requirements.

6. In order to access functions such as notifications and reminders, you must opt-in to receive such notifications and reminders. SkyCity takes no responsibility for any information relating to the App not received due to the failure to opt-in.

7. The content contained on or through the App is provided for information purposes only. While SkyCity will use all reasonable endeavours to ensure that the content on the App, or provided through the App, is complete and up-to-date, SkyCity does not warrant its accuracy.

8. SkyCity does not guarantee that the App will operate at all times without disruption, delay or interruption.

9. You may incur charges from your internet or mobile service provider for downloading, accessing and/or using the App.

10. The App may, from time-to-time, contain hyperlinks to websites operated by third parties. SkyCity does not monitor or investigate such websites and accepts no responsibility or liability in relation to any content on such websites. Your linking to any other website is at your own risk.

11. Under no circumstances are you permitted to create a hyperlink to any of the pages on the App, unless you have obtained SkyCity's prior written consent to do so. If you do create a link to any of the pages on the App, you acknowledge that you are responsible for all direct and indirect consequences of such link and indemnify SkyCity (including its subsidiaries) for all loss, damage, liability, costs or expense arising from or in connection with such link.

12. Your use of the App is at your own risk. You agree that SkyCity (including its subsidiaries) is not responsible for any damage or harm arising out of your use of the App. You also agree that all warranties, conditions and representations in respect of the App (whether express or implied) are excluded to the fullest extent permitted by law. None of SkyCity (including its subsidiaries), any of its employees or agents, or any other party involved in creating, producing or delivering the App, is liable for any direct, incidental, consequential, indirect or punitive damages, which are excluded to fullest extent permitted by law, arising out of your access to, or use of or inability to use, or reliance on any information made available through the App. The limitation in this clause does not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. In such cases SkyCity's liability will be limited to the extent permitted by law. For the avoidance of any doubt, SkyCity’s liability is limited in accordance with the provisions set out under section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as applicable).

13. As between you and SkyCity, SkyCity owns (or has a licence for) all copyrights, database rights and all similar rights for the App and all trademarks and other materials used within the App. The information may not be reproduced (except in hard copy for your personal reference only), distributed, transmitted to any person or incorporated into any other document without SkyCity's prior written consent. You will not in any circumstances obtain any rights over or in respect of the App (other than rights to use the App pursuant to these Terms and Conditions and any other terms and conditions governing a particular service or section of the App) or hold yourself out as having any such rights over or in respect of the App.

14. You agree to indemnify and hold SkyCity (including its subsidiaries) and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in connection with: (i) your use of the services or goods available through the App; or (ii) your breach or violation of any of these Terms and Conditions.

15. Your use of the App is governed by New Zealand and Australian law (as applicable). By accessing or using the services available on or through the App, you submit to the non-exclusive jurisdiction of the courts of New Zealand and South Australia.

16. The distribution of information contained on the App and specifically myPremier (NZ) and SkyCity Rewards (Adelaide) may be restricted by law in some countries. The information does not constitute an offer or solicitation in any jurisdiction in which such an offer or solicitation is not authorised or to whom it is unlawful to make such an offer or solicitation.

myPremier/SkyCity Rewards Specific Terms

17. To access myPremier you must be a current SkyCity Auckland, SkyCity Hamilton or SkyCity Queenstown Premier Rewards member with a valid email address and must not be excluded from entering any SkyCity property in New Zealand.

18. To access SkyCity Rewards you must be a current SkyCity Adelaide Premier Rewards member with a valid email address and must not be excluded from entering SkyCity Adelaide.

19. In addition to these Terms and Conditions, use of the myPremier/SkyCity Rewards features of the App are governed by the terms of the relevant SkyCity Rewards Programme which you are a member of. The relevant SkyCity Rewards Programme terms and conditions are available at Premier/SkyCity Rewards Stations on-site or they can be downloaded through the applicable website:

  • Auckland members
  • Hamilton members
  • Queenstown members;
  • Adelaide members.


20. To the extent that there is any inconsistency or conflict between the terms and conditions of the applicable SkyCity Rewards Programme and these Terms and Conditions, the terms and conditions of the applicable SkyCity Rewards Programme will prevail.

21. The information contained on myPremier/SkyCity Rewards is provided for information purposes only. Whilst SkyCity endeavours to ensure that all content and material on myPremier/SkyCity Rewards is free from any errors, SkyCity does not warrant its accuracy, adequacy or completeness or that it is suitable for your intended use. In no event will SkyCity (including its subsidiaries) be responsible for any loss or damage of whatever kind arising from your access to, use of or reliance on any information made available through myPremier/SkyCity Rewards or any hyperlink to any website or any information contained or accessed through myPremier/SkyCity Rewards.

22. Premier/SkyCity Rewards account information and reward balances are updated regularly and may not be accurately recorded if you have recently changed your information or redeemed a reward.

Privacy

23. Any information you provide through the App or which is collected by SkyCity (including its subsidiaries) in connection with the provision of services to you will be collected, held and used by SkyCity (including its subsidiaries) for the purpose of: (a) providing the services available through the App to you; (b) processing and collecting payment (if applicable); (c) administering your Profile (as applicable); (d) sending you information about your use of the services available through the App including, but not limited to, receipts for payments (if applicable); (e) market research and the marketing of goods and services to you; (f) and meeting SkyCity’s obligations under any legislative or other legal requirement.

24. Under the Privacy Act 2020 (NZ) or the Privacy Act 1988 (Cth) (as applicable), you have the right to access and request correction of any personal information held by SkyCity. For further information, SkyCity’s Privacy Policies and Privacy Officer contact details are available at the following links:

DIGITAL KEY TERMS OF USE

Effective Date: 1 December 2020

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN EACH END USER (“YOU” OR “YOUR”) AND SKYCITY ENTERTAINMENT GROUP LIMITED AND ITS RELATED ENTITIES (“SKYCITY”) THAT APPLIES EACH TIME YOU ACCESS, DOWNLOAD OR USE A DIGITAL ACCESS KEY MADE AVAILABLE TO YOU BY SKYCITY (“DIGITAL KEY”) FOR USE AT ONE OF SKYCITY’S HOTELS (“HOTEL”). YOU SHOULD THEREFORE READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE (REFERENCED HEREIN AS THE OR THESE “TERMS”) CAREFULLY AS THEY GOVERN YOUR USE OF A DIGITAL KEY. SKYCITY IS WILLING TO LICENCE THE USE OF THE DIGITAL KEY TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO USE THE DIGITAL KEY OR ACCESS ANY ROOM USING THE DIGITAL KEY AND ARE INSTRUCTED TO VISIT THE FRONT DESK OF YOUR HOTEL FOR FURTHER ASSISTANCE.

THESE TERMS ARE NOT INTENDED TO REPLACE OR SUPERSEDE THE TERMS OF BOOKING WHICH APPLY TO YOUR ROOM. YOU ACKNOWLEDGE, AGREE AND AUTHORISE SKYCITY TO CHARGE ANY OUTSTANDING COSTS AND CHARGES INCURRED DURING YOUR STAY TO THE CREDIT CARD PROVIDED AT THE TIME OF BOOKING OR CHECK-IN INCLUDING, WHERE RELEVANT IF YOU ARE THE PRIMARY KEY HOLDER, ANY CHARGES INCURRED BY ANY SECONDARY KEY HOLDER OR GUEST TO YOUR ROOM.

Key Terms

  • Each Digital Key is for use on Your personal mobile device for Your room only.
  • If You are the primary key holder and share Your Digital Key, You remain responsible for ensuring compliance with these Terms by anyone who You’ve shared a Digital Key with.
  • You represent that You are 18+ and not excluded from SkyCity’s premises.
  • If Your Digital Key is cancelled at any time for any reason, You will need to visit the front desk of Your Hotel for further assistance.

Terms and Conditions

  1. Digital Key Types. Each room in a SkyCity Hotel with digital key access will be allocated one primary Digital Key (“Primary Key”) per booking, accessible by one person whose name is specified on the booking. The holder of the Primary Key may share the Digital Key with up to two other device holders (each a “Secondary Key”). While each reference to ‘Digital Key’ within these Terms applies to the holders of both the Primary Key and the Secondary Key(s), if You are the Primary Key holder, You agree to ensure that each Secondary Key holder complies with these Terms and You take full responsibility for any failure of a Secondary Key holder to do so. For the avoidance of doubt, a Secondary Key holder may not share or transfer a Digital Key to any other person.
  2. Licence Grant. So long as You comply with these Terms, SkyCity provides You with a personal, revocable, limited, non-exclusive and, subject to the express provisions in these Terms, non-sublicensable and non-transferable licence to use the Digital Key provided to You only on Your personal mobile device and only to unlock the doors to which SkyCity has authorized You to access. The features and access privileges of Your Digital Key will be as determined by SkyCity in its sole discretion.
  3. Restrictions. Except as provided in these Terms, You may not modify, alter, translate, decompile, create derivative work(s) of, distribute, disassemble, reverse, engineer, broadcast, transmit, reproduce, attempt to examine the source code for, publish, licence, sub-licence, transfer, sell, exploit, rent or otherwise use the Digital Key in any manner not expressly permitted in these Terms. All rights not expressly granted to You in these Terms are reserved to SkyCity.
  4. General User Obligations. By downloading, accessing, or using the Digital Key, You represent that You are at least eighteen (18) years of age and not at any time while You are using the Digital Key, excluded from entering SkyCity’s premises. You agree that You will be responsible for any necessary mobile device software or hardware required to use the Digital Key. Any information You provide to SkyCity in connection with the downloading, accessing, or use of the Digital Key will be current, complete and accurate. In addition, You agree to abide by all applicable laws and regulations in relation to Your use of the Digital Key. You further agree that You are solely responsible for keeping Your mobile phone or device (and the Digital Key on Your mobile phone or device) secure and confidential.
  5. Privacy Policy. You understand, acknowledge and agree that the access to and operation of the Digital Key may require or involve the submission and use of certain personally identifiable information. Please see SkyCity’s Privacy Policy for a summary of SkyCity’s personal information collection and use practices:
    - SkyCity Adelaide: https://skycityadelaide.com.au/legal/privacy-policy/
    - SkyCity New Zealand: https://skycity.co.nz/privacy-policy/
  6. Digital Key Handling Policy. You may only use the Digital Key during an eligible stay for which You have or, in the case of a Secondary Key holder, the Primary Key holder has a valid registration for a guest room at a Hotel and for which you have elected (by downloading or accessing) to use a Digital Key. Digital Keys licensed to You are specific to Your mobile phone or device and can only be accessed by Your mobile phone or device. SkyCity may change this policy in the future at its sole discretion. Further, your Digital Key may be used only to unlock the guest room, which is registered and assigned to You or, in the case of a Secondary Key holder, the Primary Key holder by SkyCity. If at any time while You are using a Digital Key: (a) Your mobile phone or device is no longer in Your possession or under Your control for any reason (including, without limitation, because You lost, transferred or assigned it to a third party); or (b) You become aware that Your mobile phone or device has been stolen or otherwise compromised (including, without limitation, if Your mobile phone or device has been hacked or otherwise accessed by an unauthorised third party), You agree to contact the applicable Hotel as soon as possible and to follow any instructions provided by SkyCity (including, without limitation, deleting or consenting to the deletion of any Digital Keys from Your mobile phone or device). SkyCity and its Hotels will not be responsible for any problems or claims that may result from Your failure to notify the applicable Hotel in the event that Your mobile phone or device is no longer in Your possession, under Your control, or is otherwise compromised.
  7. Mobile Services. In order to use the Digital Key, You agree to ensure that all settings and required network communications necessary to use the Digital Key are enabled and correct, including, without limitation, allowing and enabling push notifications to be sent to Your mobile phone or device. You also agree to receive certain communications from SkyCity in connection with your Digital Key. You further acknowledge and agree that the Digital Key will only be available for use with certain mobile phones and devices and certain software releases, as designated by SkyCity in its sole discretion, and therefore, the Digital Key may not be available on all mobile phones or devices or in connection with all operating software. Whenever You make use of Your Digital Key You also agree that: (a) Digital Keys can only be used when Bluetooth functionality is enabled on Your mobile phone or device; and (b) Digital Keys can only be issued to or deleted from Your mobile phone or device when Your mobile phone or device has network connectivity (e.g. 4G or wireless internet connectivity). Please note that Your mobile carrier’s normal messaging, data and other rates and fees will apply to Your utilisation of the Digital Key. If Your mobile phone or device does not have network connectivity at any time, You will only be able to use valid Digital Keys already installed on Your mobile phone or device (with Bluetooth connectivity).
  8. Proprietary Rights. SkyCity and/or its licensors, as applicable, retain all ownership right, title and interest in and to all programs, software, know-how, information, logos, trade marks and documentation associated with the Digital Key and, to the maximum extent of the law, any data compiled, collected or associated with the Digital Key. Except as expressly provided in these Terms, SkyCity does not grant any intellectual or proprietary rights to You or any other person.
  9. Disclaimers of Warranty. The information, functionality and materials available on or through the Digital Key are provided on an ‘as is’ and ‘as available’ basis. SkyCity may make modifications and/or changes to the Digital Key at any time for any reason and gives no warranty on the suitability or reliability of the Digital Key. To the extent permitted by law, SkyCity disclaims all warranties, express or implied, including without limitation any warranty of fitness for purpose or non-infringement of intellectual property rights. For the avoidance of any doubt, SkyCity’s liability is limited in accordance with the provisions set out under section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as applicable).
  10. Indemnification. To the maximum extent permitted by law, You hereby agree to indemnify, defend and hold SkyCity and its Hotels, including the directors, employees, contractors and guests of SkyCity and its Hotels (collectively the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason by reason of death of or injury to any person or loss of or damage to any property or otherwise (collectively, “Claims”) arising out of Your breach of any of these Terms. SkyCity will have the right, at Your expense, to assume exclusive defence against any Claim and all negotiations for settlement and You agree to cooperate with SkyCity in the defence of any Claim and all negotiations for settlement and You agree to cooperate with SkyCity in the defence of any such Claim at SkyCity’s request.
  11. Limitations of Liability. You expressly absolve and release the Indemnified Parties from any claim of harm resulting from a cause beyond SkyCity’s control, including, but not limited to, inaccurate information submitted by You, failure of electronic or mechanical equipment or communication lines, telephone, wireless or other connection problems, computer viruses, unauthorised access, theft, operator errors, severe weather, pandemics, earthquakes or natural disasters, strikes, wars or government restrictions. To the maximum extent permitted by law, in no event will Indemnified Parties be liable for any indirect, special or consequential damages arising out of or in any way connected with the use of the Digital Key.
  12. Governing Law. These Terms have been made in and will be construed and enforced in accordance with the laws of New Zealand and South Australia. You agree to the non-exclusive jurisdiction of the Courts of New Zealand and South Australia.
  13. Enforcing Security of the Digital Key. SkyCity reserves the rights to take steps SkyCity believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. SkyCity reserves the right, at any time and without notice, to suspend, terminate, or interrupt operation or access to the Digital Key in order to protect the Digital Key, SkyCity, other SkyCity guests or SkyCity’s business.
  14. Term & Termination. These Terms will take effect at the moment You click “Verify” and/or begin downloading, accessing, or using the Digital Key, whichever is earliest. SkyCity reserves the right at any time and on reasonable grounds to deny you access to the Digital Key in order to protect its name and goodwill, its business and/or other users, and these Terms will also terminate automatically if You fail to comply with the requirements set out herein. You may also terminate these Terms at any time by ceasing to use the Digital Key and removing it from your mobile phone or device, but all applicable provisions of these Terms will survive termination and any re-access or use of the Digital Key will reapply these Terms (then in effect) to You. Upon termination of these Terms, You must cease all use of Your Digital Key. The provisions concerning SkyCity’s proprietary rights, disclaimers of warranty, limitations of liability, indemnification and governing law will survive the termination of these Terms for any reason.
  15. Entire Agreement. These Terms represent the entire agreement between You and SkyCity with respect to the use of the Digital Key and supersedes all prior communications between us with respect to the Digital Key. SkyCity may update these Terms at any time by uploading amended terms to the Terms and Conditions section of the SkyCity application through which keyless access is granted. Your continued use of the Digital Key following any announced change(s) will be deemed acceptance of such change(s).