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Qantas epiQure – Terms and Conditions

Effective 5 February 2015

These Terms and Conditions are effective from the date of publication shown above and may be amended from time to time.

Part A – General Terms and Conditions

1. Definitions

In these Terms and Conditions, unless the context otherwise requires:

Accepted Payment Card means a VISA, MasterCard, American Express or charge card which a Member uses to make a payment to Qantas, or such other form of card payment as approved by Qantas from time to time.

Benefits means any of the goods, services, discounts, offers or arrangements offered or provided to Members from time to time by Qantas as a result of Membership.

Club Rules means any rules, in addition to these Terms and Conditions, which Qantas reasonably deems to be necessary or convenient for the administration of Qantas epiQure or the Wine Store and that are notified to Members, including any rules posted on the Club Website.

Club Service Centre means the Qantas epiQure call centre and service centre operated by or on behalf of a Qantas Group Company for Members, which can be accessed by telephoning 1800 505 0041800 505 004 Monday to Friday between 9am – 5pm AEST/AEDT.

Club Website means www.qantasepiqure.com.au

Consequential Loss means any loss of profits, loss of revenue, loss of opportunity or consequential or indirect loss.

Coupon codes and Special Offers means any promotional codes that offer a discount on the total price of a Wine Product or Event that are communicated to Members through email or mail marketing communication.

Eligible Products and Services has the meaning given in clause 6.2

Events means any events or promotions advertised on the Club Website for which Qantas offers tickets (Event tickets) to Members through the Club Website.

GST means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth. Including means including without limitation.

Losses means all liabilities, losses, damages, costs and expenses.

Member means a natural person who holds a Membership.

Member Account has the meaning given in clause 2.7.

Member Content means any materials or contributions, including text, images, reviews and testimonials, submitted by a Member in the course of Membership or for the Club Website.

Membership means membership of the Qantas epiQure program.

Membership Fee means the annual Membership fee payable as varied by Qantas from time to time.

Non Excludable Terms has the meaning given in clause 10.1.

Order has the meaning given in clause 16.2.

Points means Qantas Points awarded to Members of the QFF Program pursuant to the QFF Program Terms. Points are also referred to as 'Qantas Points' and 'Qantas Frequent Flyer Points'.

Qantas means Qantas Airways Limited ABN 16 009 661 901.

Qantas epiQure means the Qantas Frequent Flyer Food and Wine Club known as ‘Qantas epiQure’.

QFF Member means a natural person who is a member of the QFF Program.

QFF Membership means membership of the QFF Program.

QFF Program means the loyalty program currently known as the Qantas Frequent Flyer program.

QFF Terms means the Qantas Frequent Flyer terms and conditions issued by Qantas, as amended by Qantas from time to time.

Start Date has the meaning given in clause 2.2(d)

Subscription Products means Wine Products which are available to a member as pre-arranged periodic deliveries over a period of time as selected by that Member and confirmed in the Member’s Order. Subscription Products are also referred to as Wine Plans and Continuity Packs.

Supplier means any person contracted by Qantas from time to time to provide services in connection with Qantas epiQure or Membership, including but not limited to the delivery or supply of Benefits or Wine Products.

Third Party Products has the meaning given in clause 10.2.

Undelivered Subscription Product has the meaning given in clause 2.4(a)(ii).

Wine Products means any goods offered for sale through the Wine Store, including for the avoidance of doubt, Subscription Products and Event tickets.

Wine Store means the on-line service (referred to as the Qantas epiQure wine store) accessed via the Club Website where Members can access information relating to, and/or purchase Wine Products.

2. Membership

2.1 Eligibility

(a) A person is only eligible to be a Member if he or she:

i. is a QFF Member; and ii. is 18 years of age or older.

(b) Membership will terminate automatically on the death of a Member.

2.2 Application process and annual Membership Fee

(a) Membership applications must be submitted online by following the application process on the Club Website. Membership applications will not be accepted using other methods, including the Club Service Centre.

(b) Qantas may accept or reject any Membership application in its absolute discretion and Qantas may limit the number of Members from time to time.

(c) If the Membership application is accepted by Qantas, a Membership Fee will be payable prior to Membership commencing.

(d) Membership is valid for the period beginning on the date the relevant annual Membership Fee is paid by the Member (Start Date) until the end of the twelfth calendar month from that Start Date.

(e) The Membership Fee may be paid by either redeeming Points or using an Accepted Payment Card (but not by a combination of paying money and redeeming Points); and

(f) The Membership Fee is inclusive of any applicable GST and may be varied by Qantas from time to time in its absolute discretion.

(g) By applying for Membership, claiming any Benefit, accessing the Club Website or making any purchase on the Club Website, you agree to be bound by these Terms and Conditions and the Club Rules (each as amended from time to time).

2.3 Cancellation of Membership

(a) If a Member notifies Qantas within 14 days of becoming a Member for the first time that he/she no longer wishes to be a Member, Qantas will:

i. cancel that Member’s Membership; ii. subject to the Member complying with clause 2.3(b) below (if applicable), refund the Membership Fee paid by that Member for the existing Membership year by either crediting the Member’s QFF Program account with Points, or crediting the Accepted Payment Card used to pay the applicable Membership Fee, as the case may be; and iii. deduct the number of Points originally credited to the Member’s QFF Program account for payment of the applicable Membership Fee, if any.

(b) If a Member has paid a Membership Fee and received Wine Products or other goods or benefits from Qantas as a one-off Benefit for joining Qantas epiQure (a Joining Gift), the Member must, in order to be eligible for a refund of any applicable Membership Fee under clause 2.3(a)(ii) above, return the Joining Gift within 14 days of notifying Qantas that he/she no longer wishes to be a Member:

i. to the location specified by the Club Service Centre or by Qantas; and ii. in the condition in which the Joining Gift was received, and in its original packaging (or, where it is not practicable to use the original packaging, in other packaging reasonably acceptable to Qantas).

(c) Except as expressly stated in these Terms and Conditions, the Membership Fee is not refundable.

2.4 Cancellation of Subscription Products

(a) If a Member has purchased a Subscription Product and notified Qantas that he/she wishes to cancel that Subscription Product, Qantas will:

i. cancel all scheduled direct debits for that Subscription Product; ii. refund any payment taken by Qantas for Subscription Products paid for by the Member, but not yet dispatched by Qantas (Undelivered Subscription Product) by crediting the Accepted Payment Card used to pay for the Subscription Product; and iii. deduct the number of Points equal to any Points credited to the Member’s QFF Program account for payment of any Undelivered Subscription Products.

2.5 Suspension of Subscription Products

(a) If a Member has purchased a Subscription Product and that Member notifies Qantas prior to the next periodic delivery being dispatched in accordance with the terms of the applicable the Subscription Product that he/she wishes to cancel the next scheduled delivery or deliveries, but not cancel the Subscription Product entirely, that request shall be treated as a “suspension” of the Subscription Product.

(b) Qantas will not make any further debits from the Member’s account, and will not make any further deliveries in respect of the suspended Subscription Product until receiving further notice from the Member, or until the period of time the Member advises he/she does not want to receive the delivery has lapsed.

2.6 Renewal

(a) To renew a Member’s Membership, a Member must pay the then applicable Membership Fee prior to expiry of the relevant 12 month Membership period.

2.7 Member details

(a) The Club Website offers an ‘Account’ facility to Members (Member Account) which can be used by Members to view and edit information, and perform certain functions, relating to their Qantas epiQure Membership.

(b) Each Member must advise Qantas of any changes of name, address, email, phone or other Member Account information as soon as practicable after the change by updating the Member Account information with the relevant information.

(c) Qantas is not responsible for any loss, damage or claim relating to information in the Member Account, including but not limited to loss, damage or claims which are caused by the Member’s failure to update or provide accurate information in accordance with this clause 2.7.

(d) Updates made to the Member Account will not be transferred to the Member’s QFF Membership account and the Member must update his or her QFF Membership account separately.

2.8 Membership is personal

(a) Each Membership is personal and non-transferable. Members must not:

i. permit third parties that are not Members to access Benefits; or ii. permit any person to access their Member Account or submit Member Content.

3. QFF Terms

3.1 The QFF Terms apply to QFF Membership and the earning, retention and redemption of Points by Members, including all Points earned on Benefits or redeemed for Membership or Wine Products or Events or Event tickets in accordance with these Terms and Conditions.

4. Benefits

4.1 The Benefits of Qantas epiQure Membership from time to time will be described on the Club Website.

4.2 Qantas may from time to time modify, add or remove Benefits at its absolute discretion. Qantas will advise Members of any material changes to the Benefits by publishing the changes on the Club Website.

4.3 It is the responsibility of Members to ensure they are familiar with the available Benefits, including changes to Benefits, by visiting the Club Website.

5. Changes to the Terms and Conditions or Club Rules

5.1 Qantas will notify Members of any material changes to these Terms and Conditions or the Club Rules by publishing the changes on the Club Website.

5.2 If Qantas removes Benefits or amends these Terms and Conditions or the Club Rules in a way that deprives a Member substantially of the benefit of the Membership, that Member will have the option of cancelling the Membership.

5.3 If the Member cancels their Membership pursuant to clause 5.2 within 14 days of Qantas notifying the Member of such changes in accordance with clause 5.1, Qantas will:

(a) cancel that Member’s Membership; and

(b) provide a pro-rata refund of the Membership Fee paid by that Member by either crediting the Member’s QFF Program account with Points, or crediting the Accepted Payment Card used to pay the applicable Membership Fee, as the case may be.

5.4 In addition to clause 5.3, if a Member has purchased a Subscription Product and the Member notifies Qantas of his or her cancellation prior to the next periodic delivery being dispatched pursuant to a Subscription Product, Qantas will:

(a) cancel all scheduled direct debits for that Subscription Product; and

(b) refund any payment taken by Qantas for items not yet dispatched pursuant to a Subscription Product by crediting the Accepted Payment Card used to pay for the Subscription Product.

6. Transaction for which Points can be earned

6.1 To earn Points with Qantas epiQure, a Member must be logged into the Club Website with his/her QFF Membership number and QFF Membership PIN (and comply with any requirements described on the Club Website) at the time of making an eligible transaction.

6.2 Subject to clause 6.4, a Member may earn Points in their QFF Program account only for payments made by that Member using an Accepted Payment Card or by redeeming Points through the Club Website for the following eligible products and services (Eligible Products and Services):

(a) Membership Fee;

(b) Wine Products;

(c) Event tickets; and

(d) other eligible transactions notified by Qantas from time to time on the Club Website.

6.3 Where Points are earned on Eligible Products and Services that have been discounted as part of a Special Offer, the number of Points earned will be on the discounted price not on the original price of the respective Eligible Products or Services.

6.4 Points will not be awarded in relation to any Eligible Products or Services that are cancelled, refunded or returned.

6.5 Qantas may cancel or deduct the number of Points that were awarded in relation to cancelled, refunded or returned products or services in its absolute discretion including in relation to any Points earned on purchases of Eligible Products or Services where such Eligible Products or Services are cancelled, refunded or returned.

6.6 Points may take up to six weeks to be credited to a Member’s QFF Program account.

7. Events

7.1 Event details

(a) From time to time Qantas may organise Events and advertise those Events (and other events) on the Club Website for Members to purchase tickets to attend.

(b) Qantas may at any time, without advance notice to Members, withdraw, limit, modify, cancel or increase the availability or cost of Event tickets. Event tickets are strictly limited in number, may be offered for a limited time and are offered while stocks last.

7.2 Purchasing tickets using Accepted Payment Card

(a) Members may purchase tickets for Events for themselves and their guests through the Club Website either by redeeming Points, or by making a money payment using an Approved Payment Card. A Member cannot purchase Event tickets using a combination of redeeming Points and making payment by an Accepted Payment Card.

(b) Qantas will only accept orders for Event tickets from current Members whose Membership has not been suspended or cancelled. Members must be logged into the Club Website with their QFF Membership number and QFF Membership PIN (and comply with any requirements described on the Club Website) to purchase Event tickets.

(c) Additional terms and conditions apply to all Event tickets and Event ticket purchases and will be disclosed to the Member at the time of purchase. By purchasing a ticket for an Event, a Member agrees to comply with those additional terms and conditions.

7.3 Purchasing tickets by redeeming Points

(a) If a Member chooses to purchase Event tickets by redeeming Points, the Member must have the required number of Points to redeem the selected Event tickets in their QFF Program account at the time of purchase. Points redeemed for Event tickets will be deducted from a Member’s QFF Program account at the time of purchase and the deduction will be reflected in the Member’s QFF Program activity statement.

(b) Points cannot be pooled between Members to redeem Event tickets.

7.4 Eligibility

(a) Unless otherwise expressly stated, all Event attendees must be 18 years of age or older.

(b) Points will be credited to the QFF Program account of the Member who pays for Event tickets using an Accepted Payment Card. Points cannot be credited to the account of another QFF Member.

(c) A Member will earn Points at the rate advertised on the Club website at the time the relevant transaction is made.

7.5 Transfer and refund

(a) Event tickets are transferable up to 48 hours prior to the Event, unless otherwise specified by Qantas.

(b) Unless otherwise specified by Qantas, Event tickets will not be refunded unless the Event is cancelled.

(c) If an Event is cancelled, Qantas will:

i. use reasonable endeavours to notify the Member as soon as practicable via email; ii. refund the amount paid for the Event tickets by the Member by either crediting the Member’s QFF Program account for the Points redeemed, or crediting the Accepted Payment Card used, to purchase the Event tickets, as the case may be; and iii. deduct the number of Points credited to a Member’s QFF Program account in relation to payment for the applicable Event tickets.

7.6 Photography at Events

(a) By purchasing an Event ticket, Members acknowledge that a photographer may be present at the relevant Event and that the Member and his or her guest (if any) may be photographed.

(b) Photographs taken at an Event are the sole property of Qantas and its related bodies corporate and Qantas and its related bodies corporate have the right to use, amend, crop, adapt, modify, exploit, reproduce, communicate, distribute or publish any such material publically on the Club Website and any media (including banners/signage/posters, magazine, Internet, or other digital or print formats).

(c) Members consent to photographs being taken of them and their guest(s) for the purposes described in this clause 7.6 and acknowledge they will not be entitled to any monetary or other compensation for such use.

8. General – redemption of Points through the Club Website

8.1 In addition to the Points required for Eligible Products and Services, Members must pay any and all identified surcharges, charges, fees, GST and taxes.

8.2 Points cannot be converted to or exchanged for money.

8.3 There is no fixed relationship between the cash price charged by Qantas for the payment of the Membership Fee, Event tickets or Wine Products and the points required to redeem these items through the Club Website. Qantas does not give any warranty or make any representation in relation to the underlying value of any Benefits or Wine Products.

8.4 Members must direct any enquiries regarding discrepancies in Points redeemed for Benefits or Wine Products to the Club Service Centre within six months of the date of the relevant transaction.

8.5 Qantas reserves the right to, at any time deduct, suspend or cancel any Points credited or due to be credited to a Member incorrectly, or not in accordance with, or in breach of, the Terms and Conditions.

9. Material and information on the Club Website

9.1 Qantas information

(a) Qantas will use reasonable endeavours to ensure that information included by or on behalf of Qantas on the Club Website is complete and accurate. However, to the extent permitted by law, Qantas accepts no liability for the lack of completeness or accuracy of such information.

9.2 External Sites

(a) The Club Website 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, Eligible Products and Services offered or referred to on the External Sites, unless the endorsement, approval, recommendation or preference is expressly indicated on the Club Website. Qantas makes no warranty and accepts no liability in relation to material contained on External Sites.

9.3 Intellectual property

(a) The material contained on the Club Website is protected by copyright. A Member must not use, copy, modify, transmit, store, publish, distribute or create derivative works of the material on the Club Website (other than Member Content submitted by that Member), without obtaining the prior written consent of Qantas.

(b) Trade marks (whether registered or unregistered) and logos used on the Club Website must not be used or modified in any way without obtaining the prior written consent of Qantas.

(c) The Club Website and products, technology and processes contained on it may be the subject of other intellectual property rights owned by Qantas, Supplier or third parties. Members’ use of the Club Website must not in any way infringe the intellectual property rights of any person.

(d) A Member must not:

i. use any device, software, routine or any other method to interfere or attempt to interfere with the proper working of the Club Website; or ii. take any action that imposes a burden or load on the Club Website not authorised by Qantas or that is unreasonable or disproportionate to the benefits Qantas obtains from that Member’s use of the Club Website.

9.4 Member Content

(a) Each Member is fully responsible for any and all Member Content submitted by that Member.

(b) Qantas excludes all liability for Member Content to the full extent permitted by law.

(c) Qantas may screen or remove any Member Content without notice for any reason whatsoever.

(d) Members must not submit Member Content that: i. is unlawful, defamatory or fraudulent; ii. infringes, or would cause Qantas to infringe, the intellectual property rights or moral rights of any person; or iii. is offensive, obscene, profane, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication.

(e) By submitting Member Content, Members grant Qantas a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display the Member Content for any purpose in any media, including on the Club Website.

10. Liability

10.1 Consumer protection legislation

(a) Qantas acknowledges that the Competition and Consumer Act 2010 (Cth), the Fair Trading Act 1987 (NSW) and other equivalent legislation implies or imposes statutory guarantees, conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded (Non Excludable Terms). Nothing in these Terms and Conditions (including the exclusions and limitations in this clause 10) is intended to exclude or restrict the application of Non Excludable Terms.

(b) Other than the Non Excludable Terms, Qantas excludes all implied terms in relation to the supply of Benefits or Wine Products.

10.2 Third party products

(a) The Benefits may include the ability to acquire goods or services from third parties (Third Party Products) that are not, or on terms that are not, available to persons that are not Members. The provision of Third Party Products will be subject to the terms and conditions of the applicable third party suppliers. Qantas excludes all liability in relation to Third Party Products.

10.3 Taxes and charges

(a) Members are responsible for any costs, charges, taxes, claims or other liabilities (including any applicable fringe benefits tax) arising from receipt of the Benefits or in relation to any Third Party Products.

(b) Qantas recommends that Members consult their accountant or tax adviser to ensure that they understand possible tax (including fringe benefits tax) implications, if any, related to Membership and Benefits.

10.4 Member Content

(a) Each Member indemnifies Qantas against all Losses arising from or related to:

i. a claim by a third party that the use by Qantas of Member Content in accordance with clause 9.4(e) infringes the intellectual property rights or moral rights of any person; or ii. any breach by that Member of his or her obligations under clause 9.4.

10.5 Exclusion of liability

(a) Qantas:

i. excludes all liability for Consequential Loss; and ii. limits its aggregate liability under or in connection with a Membership to the amount of the Membership Fee.

10.6 Benefit of terms

(a) If a Supplier or any related body corporate of Qantas suffers or incurs Losses as a result of a Member’s breach of these Terms and Conditions and Qantas would have been able to recover those Losses if they were suffered or incurred by Qantas, then Qantas will be able to recover those Losses as if those Losses were suffered or incurred by Qantas.

11. Termination by Qantas

11.1 Qantas reserves the right in its absolute discretion to terminate the Membership of any Member at any time by giving such notice to the Member as is reasonably practicable in the circumstances.

11.2 Qantas may terminate or cease to operate Qantas epiQure and/or the QFF Program at any time at its discretion.

11.3 Qantas will use its best endeavours to give Members as much notice of any such termination as is reasonably practicable in the circumstances.

11.4 If termination occurs in accordance with this clause 11, Qantas will, subject to clause 11.6:

(a) provide the Member with a pro rata refund of the applicable Membership Fee paid by that Member for any remaining period of Membership after the date of termination, whether that is in Points to the Member’s QFF Program account or in money to the Accepted Payment Card used to pay the Membership Fee;

(b) provide the Member with a refund of any money paid for Undelivered Subscription Products in accordance with clause 11.5; and

(c) deduct the number of Points credited to the Member’s QFF Program account for payment of the applicable Membership Fee

11.5 If a Member has purchased a Subscription Product and Qantas terminates the Membership prior to the next periodic delivery being dispatched pursuant to a Subscription Product, Qantas will:

(a) cancel all scheduled direct debits for that Undelivered Subscription Product;

(b) refund any payment taken by Qantas for Undelivered Subscription Products by crediting the Accepted Payment Card used to pay for the Subscription Product; and

(c) deduct the number of Points credited to the Member’s QFF Program account for payment of the applicable Undelivered Subscription Product.

11.6 A Member will not receive a refund in accordance with clause 11.4(b) if:

(a) the Member has breached of any of these Terms and Conditions or the Club Rules;

(b) the Member has supplied false or misleading information to Qantas in connection with the Membership;

(c) the Member has acted in any way which is likely to be detrimental to the interests of Qantas or Qantas epiQure; or

(d) the Member’s Membership has been terminated because the Member’s membership of the QFF Program has been terminated in accordance with the QFF Terms as a result of a breach by the Member of the QFF Terms or other misconduct of the Member.

11.7 Members may terminate their Membership at any time by notifying the Club Service Centre, but are not entitled to a refund under these Terms and Conditions unless otherwise expressly provided by Qantas or in these Terms and Conditions.

12. Personal information

12.1 It is a condition of Membership that each Member consents and authorises Qantas to collect and use the information collected by Qantas in relation to that Member, and disclose it to any Supplier and any other person (including a related body corporate, agent or contractor of Qantas or Supplier), for the purposes of:

(a) Qantas or any of its related bodies corporate providing services (directly or through a Supplier) in connection with Qantas epiQure or the Membership, including the supply of Benefits or Wine Products or the awarding of Points, or the QFF Program;

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

(c) Qantas marketing its Eligible Products and Services or the products or services of third parties; and

(d) any third party providing services to Qantas, any of its related bodies corporate or Members in connection with the administration of Qantas epiQure or the QFF Program.

12.2 Each Member acknowledges that information collected by Qantas may be transferred to or from Australia for these purposes.

12.3 Neither Qantas nor any Supplier will otherwise disclose a Member’s personal information without that Member’s consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.

12.4 Qantas will provide a Member with access to and the ability to correct their personal information held by Qantas on request by that Member. Further information is contained in our Privacy Statement on qantas.com.

12.5 This clause 12 survives the termination of these Terms and Conditions and the termination or suspension of Qantas epiQure.

13. General

13.1 The Club Website may be used for a Member’s personal non-commercial use only and not for any commercial use. Benefits, including Event tickets and Wine Products, may not be acquired for commercial use.

13.2 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions will continue to apply.

13.3 These Terms and Conditions are governed by and will be construed in accordance with the laws applicable in New South Wales, irrespective of where the application for Membership has been completed by the Member or submitted to Qantas. Any action or other legal process in connection with these Terms and Conditions against Qantas must be instituted and carried on only in the appropriate court in Australia.

Part B – Wine Store Terms and Conditions

All Terms and Conditions in Part B apply to the purchase of Wine Products from the Wine Store through the Club Website.

14. Wine Store

14.1 About the Wine Store

(a) The Wine Store can be accessed via the Club Website.

(b) The Wine Store may be operated and/or administered by Qantas or a Supplier on behalf of Qantas. Nothing in these Terms and Conditions creates a contractual relationship between a Member and the Supplier, or gives a Member any rights against or to recover Losses from the Supplier.

14.2 Member must be 18 years of age or older

(a) It is against the law to sell or supply alcohol to, or to obtain alcohol for or on behalf of, a person under the age of 18 years.

(b) By ordering Wine Products, a Member warrants that:

i. the Member is 18 years of age or older; ii. any person that the Member is obtaining the Wine Products for, or supplying the Wine Products to, is 18 years of age or older; and iii. any person that is receiving the Wine Products at the specified delivery address is 18 years of age or older.

(c) Qantas may cancel any Order, or refuse to supply Wine Products, if it is not satisfied that the requirements in clauses 14.2(b)(i), (ii) and (iii) are satisfied.

14.3 Wine Products

(a) Qantas will use reasonable endeavours to ensure that all Wine Products that are displayed for sale on the Club Website are available for purchase. If a Wine Product is ordered but is not available, Qantas will either (in its discretion) endeavour to supply a substitute Wine Product of equivalent value or:

i. refund the amount paid for the Wine Product by the Member by either crediting that Member’s QFF Program account for the Points redeemed, or crediting the Accepted Payment Card used, to purchase the Wine Product, as the case may be; and ii. deduct the number of Points credited to the Member’s QFF Program account for payment of the applicable Wine Product.

(b) Qantas may at any time, without advance notice to Members withdraw, limit, modify, or cancel the availability of a Wine Product, or modify the amount payable for or Points required to redeem for Wine Products. Wine Products are strictly limited in number, may be offered for a limited time and are offered while stocks last.

15. Coupon Codes and Special Offers

15.1 Qantas epiQure may send Coupon Codes and Special Offers to Members through standard promotional channels that the Member is subscribed to. Coupon codes and Special Offers are not transferrable and a limit of use may apply to certain Coupon Codes at the discretion of Qantas. Certain Coupon Codes may also not be available to use in conjunction with another offer. Coupon codes and Special Offers may be available to all or selected members only from time to time.

15.2 Coupon codes will be applicable to purchases made by an Accepted Payment Card or by redeeming Points. Offers will vary and any additional terms and conditions applicable will be communicated to the Member. Coupon codes will have a date of expiry that will be communicated on the Offer.

16. Ordering

16.1 Qantas will only accept orders for Wine Products from current Members whose Membership has not been suspended or cancelled. Members must be logged in to the Club Website to purchase Wine Products. Wine Products are not for resale or resupply.

16.2 Members may purchase Wine Products by placing orders for those Wine Products using the Wine Store ordering process available on the Club Website (Order

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

 

16.4 Qantas may restrict or limit the quantity of Wine Products available for purchase, whether to Members or non-Members, in Qantas’ absolute discretion.

 

16.5 Qantas may decline Orders from Members or non-Members who Qantas believes are placing Orders for the purposes of reselling or resupplying Wine Products.

 

16.6 Orders for Wine Products that are not Subscription Products cannot be cancelled or modified after that Order has been received and processed by Qantas and/or the Supplier.

 

16.7 Orders for Subscription Products can be cancelled or modified until the relevant cut-off date specified by Qantas epiQure in its notification letter which is sent to the Member prior to dispatching each periodic delivery of Subscription Products.

17. Price and payment

17.1 The money amount payable and Points required to be redeemed to obtain a Wine Product will be displayed on the Club Website and may be varied prior to purchasing the Wine Products without advance notice to Members. All prices displayed on the Club Website are in Australian dollars and include Goods & Services Tax (GST) where applicable.

17.2 The Wine Products specified in an Order will not be dispatched until the payment from the Accepted Payment Card has been authorised by the relevant merchant bank or Qantas has confirmed that the Member has the available number of Points in their QFF Program account at the time the Order is made to redeem the Wine Product, as the case may be.

17.3 Other than for Subscription Products which must be paid for using an Authorised Payment Card, Members must purchase Wine Products though the Wine Store by either redeeming Points or using an Accepted Payment Card. A Member cannot purchase Wine Products by using a combination of redeeming Points and using an Accepted Payment Card in the one transaction.

17.4 For Orders made by redeeming Points, Points redeemed for Wine Products will be deducted from a Member’s QFF Program account at the time of making an Order and the deduction will be reflected in the Member’s QFF Program activity statement.

17.5 Points cannot be pooled between Members to redeem Wine Products.

18. Orders that earn Points

18.1 Qantas Points will be credited to a Member’s QFF Membership account if that Member pays for their Order using an Accepted Payment Card or by redeeming Points through the Club Website for Eligible Products and Services.

19. Delivery

19.1 Qantas will only deliver Wine Products to addresses within Australia. Members are responsible for ensuring that the address details provided are correct and up to date, and Qantas is not liable for any loss to the Member due to incorrect or out of date address details.

19.2 Qantas will deliver all Orders free of charge to Members within Australia.

19.3 Other than for Subscription Products for which the Member will be notified of an approximate date for each periodic delivery in advance of that delivery being dispatched, Qantas will endeavour to deliver an Order:

(a) to delivery addresses within the metropolitan areas of Sydney, Newcastle, Canberra, NSW Central Coast, Wollongong, NSW South Coast to Nowra, NSW Southern Tablelands, Melbourne or Geelong, within 6 days of receipt of the Order; and

(b) to other addresses, within 8 days of receipt of the Order, but Qantas accepts no liability for any late delivery.

19.4 All deliveries of Wine Products will be performed by a Supplier on behalf of Qantas.

19.5 Delivery occurs when:

(a) possession of the Wine Products passes to a person over the age of 18 at the delivery address specified in the Order; or

(b) if a Member has instructed Qantas in the applicable Order to leave the Wine Products unattended at the delivery address, when Qantas leaves the Wine Products at the specified delivery address. Qantas may in its discretion refuse to leave Wine Products unattended if it does not consider the delivery location to be secure or otherwise appropriate; or

(c) if Qantas is unable to deliver the Wine Products in accordance with the instructions in the applicable Order, the Wine Products are delivered to the nearest Post Office with a delivery note left at the delivery address.

19.6 In the event that Qantas is unable on the first attempt to deliver the Wine Products to the specified delivery address, Qantas (or the applicable Supplier) will deliver the Wine Products 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.

19.7 Qantas will not deliver Wine Products to anyone that is under 18 years of age. If there is any doubt about the age of the proposed recipient on delivery:

(a) Qantas may request the proposed recipient to produce photographic identification to prove that the recipient is 18 years of age or older; and

(b) if Qantas is not satisfied that the proposed recipient is 18 years of age or older, Qantas will not deliver the Wine Products (in which case clause 14.2(c) will apply).

19.8 Qantas is not responsible for any Losses related to deliveries being made to incorrect or incomplete addresses provided by Members either directly at the time of making an Order or due to a failure by the Member to specify the current and correct delivery address in his or her Member Account. In such circumstances, the Member assumes responsibility for the entire purchase and, if the delivery is refused or unable to be completed by Qantas or its agent(s), then additional handling costs and freight charges will be applied to a request for re-delivery.

20. Title and Risk

20.1 With the exception of delivery occurring in accordance with clause 19.5(c), title and risk in all Wine Products passes to Members on delivery.

20.2 In respect of Wine Products delivered in accordance with clause 19.5(c):

(c) risk passes to the Member at the time of delivery; and

(d) title passes to the Member at the time the Wine Products are collected from the Post Office by the Member or nominated individual on behalf of the Member.

21. Warranty

21.1 Qantas excludes all implied terms (other than the Non Excludable Terms) in relation to the supply of Wine Products. Except to the extent expressly set out in these Terms and Conditions, Qantas makes no warranties or representations in relation to the Wine Products.

22. Wine Product returns

22.1 If a Wine Product obtained through the Wine Store is damaged or faulty upon delivery (through no fault of the Member), the Member should contact the Club Service Centre within three days of receipt to arrange for an exchange or a refund in accordance with this clause 22.

22.2 Wine Products will not be accepted for exchange or refund if they have been damaged, opened, wholly or partially consumed or used after delivery (unless the basis for the request for an exchange or refund was not reasonably discoverable without opening or consuming the Wine Product).

22.3 Wine Products will not be accepted for exchange or refund if Members change their mind.

22.4 No partial or full refund will be provided for an Order, unless otherwise specified by Qantas.

22.5 Wine Products will not be accepted for exchange or refund of either money or Points unless prior authorisation for return by the Club Service Centre is provided to the Member. The Club Service Centre will authorise the return of a Wine Product where it is obliged to do so under the Non Excludable Terms and otherwise where it is satisfied that the Member is entitled to an exchange or refund under Qantas’ then current policy for the exchange or refund of Wine Products.

22.6 All Wine Products authorised for return by the Club Service Centre must be returned to the return location specified by the Club Service Centre in the condition in which they were received and in their original packaging (or, where it is not practicable to use the original packaging, in other packaging reasonably acceptable to Qantas). A Member must not return any Wine Product without first receiving authorisation from the Club Service Centre. The Club Service Centre will provide details for the return location.

22.7 Refunds will be authorised only after receipt and inspection of the returned Wine Product. If a refund is authorised by Qantas, Qantas will:

(a) refund the amount paid for the Wine Product by the Member by either crediting the Member’s QFF Program account for the Points redeemed, or crediting the Accepted Payment Card used, to purchase the Wine Product, as the case may be; and

(b) reverse any credit of Points made to the Member’s QFF Program account for payment of the applicable Wine Product.

22.8 If a replacement Wine Product is requested and authorised by Qantas, instead of a refund, Qantas will dispatch the replacements at no further cost to the Member.

22.9 For the avoidance of doubt, Qantas will not cancel a Subscription Product unless a Member instructs Qantas to cancel the Subscription Product in its entirety. However, a Member’s Subscription Product may be cancelled if the Member’s Membership is not renewed in accordance with clause 2.6 of these Terms and Conditions.

23. Responsible Service of Alcohol

23.1 Qantas may cancel any Order, or refuse to supply Wine Products, which would breach any laws or regulations applicable to supply of liquor.

23.2 Qantas recommends that alcohol only be consumed in moderation.