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Effective 14 March 2013

Qantas Frequent Flyer Partner Portal Terms and Conditions

Terms and Conditions relating to the use of the Qantas Frequent Flyer Partner Portal

1.     Accessing the Portal and acceptance of Terms

1.1.       Qantas will provide Users with a username and password to enable the User and its Staff to access and use the Portal.

1.2.       Permission to access and use the Portal and Tools is conditional upon you, the User, agreeing to the terms and conditions of use set out below (Terms). Do not proceed until you have read and accepted all of these Terms and wish to become licensed to use the Portal.  

1.3.       When an authorised Staff member of a User clicks the ‘Accept’ button at registration, the User will be deemed to have accepted the Terms. Acceptance will bind the User and all the User’s Staff to the Terms.

1.4.       Each time the User or its Staff access and use the Portal, the User will be deemed to have accepted these Terms.       

2.     Interpretation

In these Terms, unless the context otherwise requires:

Damages’ means liabilities, expenses, losses, damages and costs (including legal costs on a full indemnity basis and whether incurred by or awarded against a party).

Licence’ has the meaning given to that term in clause 3.1.

Order’ has the meaning given to that term in clause 11.1.

Participant’ means a participant in Qantas Frequent Flyer who has entered into a Participation Agreement with Qantas.

Participation Agreement’ has the meaning given to that term in clause 12.10

Personal Information’ has the meaning given to that term in the Privacy Act 1988 (Cth), as that meaning may be amended from time to time. 

Portal’ means that part of the Qantas Frequent Flyer site at http://www.partnerportal.qantas.com to which the User has been granted access.

Qantas’ means Qantas Airways Limited (ABN 16 009 661 901).

Qantas Frequent Flyer’ means the Qantas Frequent Flyer program.

Qantas Group Companies’ means Qantas and each of its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).

Staff’ means officers, employees, contractors, subcontractors and agents.

Supplier’ means any person contracted by Qantas from time to time to provide services in connection with the Portal, including the delivery or supply of Tools that are able to be ordered through the Portal.

Tools’ means any documentation, materials (including training materials), tangible or intangible property (including merchandise and logos) or information supplied with, or obtained through, the Portal (except any documentation supplied by or on behalf of the User).

User’ means a Participant or a supplier or agent of Qantas or a Participant in each case authorised by Qantas to access and use the Portal.

3.     Licence

3.1.       Qantas grants to the User a non-exclusive licence to use the Portal and any Tools to the extent required to promote the relationship between Qantas Frequent Flyer and the Participant in accordance with, and subject to, the terms of the Participation Agreement (Licence).  

3.2.       The User acknowledges that the Licence is not exclusive to it, and that Qantas may license others to use the Portal.

3.3.       The Licence terminates automatically on termination of these Terms or the Participation Agreement.

4.     User's Obligations

4.1.       The User must:

a)   not copy, reproduce, translate, adapt, vary or modify the Portal or Tools except with the prior written consent of Qantas or if expressly authorised to do so through the Portal or under these Terms or the terms of the Participation Agreement;

b)   comply with all instructions provided on the Portal that are applicable to the User;

c)   supervise and control the use of the Portal and Tools by its Staff in accordance with these Terms;  

d)   ensure its Staff who have authorised access to the Portal and Tools are made aware of, and comply with, these Terms;      

e)   ensure its Staff receive adequate training in the use of the Portal;  

f)    not provide or otherwise make available the Portal in any form to any person (excluding Staff who are authorised to access and use the Portal) except as expressly authorised by Qantas or under these Terms;      

g)   ensure all information supplied to Qantas is accurate and immediately notify Qantas of any change to such information;          

h)   take all steps necessary to ensure that access to the Portal is restricted to Staff who are authorised to access the Portal, including without limitation, keeping usernames and passwords secure;              

i)    maintain adequate security of the username and password and keep the username and password confidential;

j)    ensure that passwords are updated to prevent access by Staff who are no longer authorised to access the Portal and/or who are no longer engaged by the User; and

k)   not create any hyperlink to the Portal unless the parties have otherwise agreed in writing. 

4.2.       Qantas may deny or suspend access to the Portal immediately if Qantas believes the User or its Staff is in breach of these Terms.         

4.3.       Qantas may request such information as it reasonably requires from the User. The User must provide Qantas with all information requested by Qantas promptly upon receipt of the request.     

5.     Use of the Portal

5.1.       The User may access and use the Portal including for the purposes of:

a)   accessing Qantas Frequent Flyer guidelines in relation to the use of Qantas Frequent Flyer core branding assets;

b)   accessing Qantas Frequent Flyer marketing tools, including the ‘Partner Marketing Guide’;

c)   downloading digital artwork files and images;

d)   ordering Qantas Frequent Flyer branded items online;

e)   obtaining information about Qantas Frequent Flyer generally, including documents such as media releases and program news;

f)    reviewing terms and conditions associated with use of the Portal, including these Terms; and

g)   if the User is a Participant, generally promoting the Participant’s participation in Qantas Frequent Flyer in accordance with, and subject to, the terms of the Participation Agreement.              

6.     Liability

6.1.       The User acknowledges that the Portal and Tools cannot be guaranteed error free and further acknowledges that the existence of any such errors will not constitute a breach of these Terms by Qantas.            

6.2.       Qantas Group Companies disclaim any implied warranties in relation to the Portal and Tools except that, if any statute implies terms into these Terms which cannot be lawfully excluded, such terms will apply to these Terms, save that the liability of the Qantas Group Company for breach of any such implied term will be limited, at the option of the relevant Qantas Group Company, to the supplying of the goods and/or services again or payment of the cost of having the goods and/or services supplied again.              

6.3.       Subject to clauses 6.2 and 6.4, the liability of Qantas Group Companies under or in relation to these Terms (whether the claim is based in contract, tort (including negligence), equity, statute (to the maximum extent permitted by law), or otherwise), is limited to:

a)   the amount of any loss or damage suffered by the User relating to personal injury or tangible property damage; and

b)   for all other claims, the amount of any direct loss or damage suffered by the User.             

6.4.       Qantas Group Companies will not be liable under or in relation to these Terms for any special, indirect, incidental, consequential or economic loss or damage (including loss of profits, revenue, anticipated savings, bargain, opportunity or goodwill) or any loss of or damage to data, whether or not the possibility of those losses or damages being suffered is brought to the attention of a Qantas Group Company.        

6.5.       Qantas Group Companies are not liable for and the User indemnifies and holds harmless Qantas Group Companies and their Staff (those indemnified) in respect of all Damages suffered or incurred by any of those indemnified as a result of:

a)   any breach of these Terms by the User or its Staff;

b)   any actual or alleged infringement of any intellectual property rights by the User or its Staff;

c)   any misuse of the Portal or Tools by the User, its Staff (including former Staff), a customer of the User or any other person not authorised to access or use the Portal (including, without limitation any misuse or unauthorised use of the usernames and passwords);

d)   unauthorised access or use of the Portal or Tools by the User or its Staff or a customer of the User; and

e)   use of the Portal or Tools for any purpose not authorised by Qantas.          

7.     Intellectual Property Rights

7.1.       The User acknowledges that it does not acquire any ownership or intellectual property rights in the Portal and Tools except for those rights expressly set out in these Terms.         

7.2.       The User must not during or at any time after the expiry or termination of these Terms permit any act which infringes the intellectual property rights in the Portal and Tools and, without limiting the generality of the foregoing, the User specifically acknowledges that it may not copy the Portal or Tools except as otherwise expressly authorised by Qantas or under these Terms.    

7.3.       Subject to the terms of the Participation Agreement (where applicable), the User must obtain the prior written consent of Qantas in relation to the use of the Qantas name or logo or any other intellectual property of any Qantas Group Company in any material, including without limitation to any material on the Participant’s website.          

8.     Term and Termination

8.1.       These Terms commence upon acceptance by the User in accordance with clause 1 above ("Accessing the Portal and acceptance of Terms") and continue until terminated in accordance with these Terms.         

8.2.       Qantas gives no warranty as to the continuing availability of the Portal. Qantas may terminate or suspend access to the Portal at any time and for any length of time. These Terms may immediately be terminated by Qantas, including in the event that the User:

a)   if the User is a Participant, ceases to be a Participant in Qantas Frequent Flyer;

b)   or its Staff is in breach of these Terms; or

c)   or its Staff damages or misuses the Portal or Tools.

8.3.       Upon termination, the User must not access or use the Portal and must comply with any direction by Qantas to destroy any remaining copies of the Tools or otherwise return or dispose of the Tools in the manner directed by Qantas.

8.4.       Termination of these Terms will not affect any rights or remedies that Qantas may have otherwise under these Terms or at law.         

9.     Personal Information

9.1.       The User must not, directly or indirectly, use Personal Information collected in connection with these Terms or by accessing and using the Portal except to the extent necessary to exercise its rights or perform its obligations under these Terms.

9.2.       If, in the course of accessing and using the Portal, the User discloses any Personal Information to Qantas or Qantas’ agent, the User:

a)   warrants that it has the right to disclose the Personal Information to Qantas or Qantas’ agent; and

b)   must not do anything that will restrict Qantas from using the Personal Information in connection with the Portal.

9.3.       By accessing and using the Portal, including by placing Orders in accordance with clause 11, the User and its Staff authorise and consent to Qantas (including its related entities, agents and contractors acting on its behalf) collecting, using and disclosing information provided by the User and its Staff for the purpose of:

a)   Qantas or any of its related bodies corporate, providing products or services directly or through a Supplier (including fulfilling the User’s Order and providing the User with the ordered products or services);

b)   Qantas or any of its related bodies corporate improving customer service, including by means of research, marketing, product development and planning; and

c)   any third party providing services to Qantas, any of its related bodies corporate or any User in connection with the administration of the Portal.

9.4.       The information described in clause 9.3 may be transferred to or from Australia for the purposes described in clause 9.3. If all or any part of the requested information is not provided by the User, the services provided to the User by Qantas may be affected.

9.5.       This clause 9 survives the termination of these Terms and the termination or suspension of the Portal.

9.6.       The Qantas Privacy Statement available at qantas.com [Note: Hyperlink to http://www.qantas.com.au/travel/airlines/privacy/global/en] applies to Personal Information collected through the Portal.

10.  Confidential Information

10.1.     The User acknowledges that the Tools and information contained in the Portal are confidential if the information is described as confidential or if the information may reasonably be considered to be confidential (Confidential Information). The User must take all reasonable steps to safeguard Qantas' rights of ownership and confidentiality of the Portal and Tools.

10.2.     The User must not disclose any Confidential Information to any person unless required by law to do so, or with the prior written consent of Qantas or unless the disclosure is in accordance with, and subject to, the terms of the Participation Agreement.

10.3.     On termination of these Terms, or earlier on reasonable request by Qantas, the User must promptly return to Qantas or destroy any or all copies of Confidential Information, in which case any right to use, copy and disclose that Confidential Information ceases.

11.  Ordering

11.1.     The User may be able to obtain copies of some Tools (Ordered Tools) by placing orders using the ordering process available through the Portal (Order).

11.2.     Qantas may accept or reject an Order in its absolute discretion.         

11.3.     Subject to clause 11.6, any applicable delivery charges will be borne by Qantas. Qantas will only deliver Ordered Tools to physical addresses within Australia. The User is responsible for ensuring that the address details provided are correct and up to date, and Qantas is not liable for any loss to the User due to incorrect or out of date address details. To ensure successful delivery, it is recommended that a User provides an address where its Staff will be present during normal business hours.

11.4.     All deliveries of Ordered Tools will be performed by a Supplier on behalf of Qantas.

11.5.     Delivery occurs when:

a)   possession of Ordered Tools passes to a person over the age of 18 at the delivery address specified in the Order; or

b)   if Qantas is unable to deliver the Ordered Tools in accordance with clause 11.5(a), the Ordered Tools are delivered to the nearest Post Office with a delivery note left at the delivery address specified in the Order.

11.6.     In the event that Qantas is unable on the first attempt to deliver the Ordered Tools to the specified delivery address, Qantas (or the applicable Supplier) will deliver the Ordered Tools to the nearest Post Office with a delivery note left at the delivery address. Qantas reserves the right to charge additional handling costs and freight charges if alternate delivery instructions are required.

11.7.     Title and risk in all Ordered Tools passes to the User on delivery save that if Ordered Tools delivered to the nearest Post Office in accordance with clause 11.6 are not collected within 14 days of delivery, the Ordered Tools will be returned to Qantas and title in such Ordered Tools will pass back to Qantas on receipt.

12.  General

12.1.     Interpretation: In these Terms, unless the contrary intention appears:

a)   the singular includes the plural and vice versa;

b)   dollars or '$' means Australian dollars;

c)   unless otherwise stated, all dollar amounts include any applicable GST;

d)   dates or times are Universal Time Code (or GMT) dates or times; and

e)   a reference to 'include' or 'including' means 'including but not limited to'.

12.2.     Qantas Group Companies will not be responsible for any delay or failure in performance resulting from anything outside its reasonable control, including without limitation delays or failures caused by third parties.     

12.3.     The Licence or these Terms may not be dealt with in any way by the User (whether by novation, assignment, sub-licensing or otherwise) without Qantas' prior written consent. 

12.4.     Failure or neglect by either party to enforce at any time any of the provisions of these Terms will not be construed or deemed to be a waiver of that party's rights under these Terms.       

12.5.     Nothing in these Terms gives rise to any relationship of joint venture, partnership or employer and employee between any Qantas Group Company and the User or between a Qantas Group Company and any Staff of the User.             

12.6.     The User must comply and ensure that its Staff comply with all laws and regulations and any Qantas instructions or directions relating to or connected in any way to the use of the Portal and Tools (including without limitation the Privacy Act 1988 (Cth) and the Competition and Consumer Act 2010 (Cth)).

12.7.     Qantas may make changes to the Portal without notice to the User. Qantas may make changes to these Terms from time to time. Updated Terms will be placed on the Portal.

12.8.     These Terms are governed by and construed according to the law of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.            

12.9.     A party notifying or giving notice under these Terms must give notice in writing and sent to the email or postal address of the other party as notified by the other party from time to time. Such a notice is received:

a)   if left at the recipient's address, on the date of delivery;

b)   if sent by prepaid post, three days after the date of posting; or

c)   if sent by email, immediately provided there is no error in transmission.       

12.10.  These Terms are subject to the terms and conditions of the Qantas Frequent Flyer Participation Agreement (Participation Agreement) entered into between Qantas and the User or the User’s principal (as applicable). If there is any inconsistency between the terms of such Participation Agreement and these Terms, the terms of the Participation Agreement apply to the extent of the inconsistency.

12.11.  The Portal may contain links to, or frame, websites of third parties (External Sites). Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by Qantas of the owners or operators of the External Sites, or for any information, products or services offered or referred to on the External Sites, unless the endorsement, approval, recommendation or preference is expressly indicated on the Portal. Qantas makes no warranty and accepts no liability in relation to material contained on External Sites.

12.12.  Qantas has arranged for Guntar Graphics Pty Ltd ACN 006 342 203 (trading as Clear Edge) to operate and administer the Portal and fulfil Orders in accordance with clause 11.

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