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Sample a Taste of Qantas epiQure - Terms and Conditions

Effective 24 July 2012

Introduction

These Terms and Conditions govern the ability for Eligible QFF Members to purchase Selected Wine Products from Qantas epiQure online without being an Qantas epiQure member. By making any purchase of Selected Wine Products on the Website, you agree to be bound by these 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 Diners Club credit or charge card which an Eligible QFF Member must use to make a payment to Qantas or such other form of payment as approved by Qantas from time to time. Account means the Eligible QFF Member’s account with the QFF Program. Consequential Loss means any loss of profits, loss of revenue, loss of opportunity or consequential or indirect loss. Eligible QFF Member means a member of the QFF Program (who is not a member of Qantas epiQure) at the relevant time who is over 18 years of age and has an Australian delivery address. 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. Non Excludable Terms has the meaning given in clause 6.1. Order has the meaning given in clause 4.1(a). Points means QFF Program points. Qantas means Qantas Airways Limited ABN 16 009 661 901. QFF Program means the loyalty program currently known as the Qantas Frequent Flyer program. QFF Terms means the terms and conditions of the QFF Program issued by Qantas, as amended by Qantas from time to time. Selected Wine Products means any goods offered for sale to Eligible QFF Members as part of the ‘Sample a Taste of Qantas epiQure’ promotion (and identified as such) through the Wine Store. Service Centre means the Qantas epiQure call centre and service centre, which can be accessed by telephoning 1800 505 004 Monday to Friday between 9am – 5pm AEST/AEDT. Supplier means any person contracted by Qantas from time to time to provide services in connection with Qantas epiQure, including the delivery or supply of Selected Wine Products. Terms and Conditions means the Sample a Taste of Qantas epiQure Terms and Conditions, as amended from time to time. Third Party Products has the meaning given in clause 6.2. Website means qantasepiqure.com.au Wine Store means the online Qantas epiQure wine store on the Website.

2. Terms and Conditions

2.1 QFF Terms

The QFF Terms apply to the earning, retention and redemption of Points by Eligible QFF Members, including all Points received or redeemed for Selected Wine Products in accordance with these Terms and Conditions. To the extent of any inconsistency between the QFF Terms and these Terms and Conditions, the QFF Terms will prevail.

2.2 These Terms and Conditions

Qantas may amend these Terms and Conditions and the Selected Wine Products from time to time and will notify Eligible QFF Members by notice on qantasepiqure.com.au of any such changes.

3. Wine Store

3.1 About the Wine Store

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 an Eligible QFF Member and the Supplier, or gives an Eligible QFF Member any rights against or to recover Losses from the Supplier.

3.2 Eligible QFF Member must be over 18

By ordering Selected Wine Products, an Eligible QFF Member warrants that: (a) the Eligible QFF Member is over the age of 18; and (b) any person that the Eligible QFF Member is obtaining the Selected Wine Products for, or supplying the Selected Wine Products to, is over the age of 18.

3.3 Selected Wine Products

(a) If a Selected Wine Product is ordered but is not available, Qantas will either (in its discretion) endeavour to supply a substitute product of equivalent value or:

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

(ii) reverse any credit of Points made to the Eligible QFF Member’s Account for purchasing the Selected Wine Product.

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

4. Purchasing Selected Wine Products

4.1 Ordering

(a) Before making a purchase, Eligible QFF Members must log in to the Website using their Qantas Frequent Flyer membership details. Eligible QFF Members may purchase Selected Wine Products by placing orders for those Selected Wine Products using the Wine Store ordering process available on the Website (Order). Eligible QFF Members can obtain Selected Wine Products though the Wine Store by redeeming Points or by making a money payment using an Accepted Payment Card. (b) Qantas may accept or reject an Order in its absolute discretion. (c) Once an Order has been received by Qantas or a Supplier and a corresponding order has been placed by Qantas or a Supplier with the supplier of the Selected Wine Product, the Order cannot be cancelled or modified.

4.2 Price and Payment

(a) All prices for the Selected Wine Products are in Australian dollars and include GST. (b) The Selected Wine Products specified in an Order will not be dispatched until the payment from the Accepted Payment Card has been authorized by the relevant merchant bank or Qantas has confirmed that the Eligible QFF Member has the available number of Points in their Account at the time the Order is made to redeem the Selected Wine Product, as the case may be. (c) Points redeemed for Selected Wine Products will be deducted from an Eligible QFF Member’s Account at the time of making an Order.

4.3. Redemption of Points

(a) Points cannot be converted to or exchanged for money. (b) There is no fixed relationship between the cash price charged by Qantas for the Selected Wine Products and the Points required to be redeemed for these items through the Website. Qantas does not give any warranty or make any representation in relation to the underlying value of any Selected Wine Products in relation to Points. (c) Any enquiries regarding discrepancies in Points redeemed or payments made to obtain Selected Wine Products should be directed to the Service Centre within six months of the date of the relevant transaction.

4.4. Earning Points

An Eligible QFF Member will earn one Point per dollar spent on Selected Wine Purchases when making a purchase using their Accepted Payment Card, but will not earn Points in relation to: (a)payments made by redeeming Points; or (b) any Selected Wine Products that are cancelled, refunded or returned. Points may take up to six weeks to be credited to an Eligible QFF Member’s Account.

4.5 Delivery

(a) Qantas will only deliver Selected Wine Products to addresses within Australia. Qantas is not liable for any loss to the Eligible QFF Member due to incorrect, incomplete or out of date address details. If re-delivery is required as a result, then additional handling costs and freight charges will be applied. (b) Qantas will endeavour to deliver an Order:

(i) 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

(ii) to other addresses, within 8 days of receipt of the Order,

but Qantas accepts no liability for any late delivery.

(c) If an Eligible QFF Member has instructed Qantas in the applicable Order to leave the Selected Wine Products unattended at the 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.

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

(e) If Selected Wine Products delivered to the nearest Post Office are not collected within 14 days of delivery, the Selected Wine Product will be returned to Qantas and Qantas will either credit the Eligible QFF Member’s Account for the Points redeemed or credit the Accepted Payment Card used to purchase the Selected Wine Product. Any credit of Points made to the Eligible QFF Member’s Account for payment of the Selected Wine Product will be reversed.

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

(i) Qantas may request the proposed recipient to produce photographic identification to prove that the recipient is at least 18; and

(ii) if Qantas is not satisfied that the proposed recipient is at least 18, Qantas will not deliver the Selected Wine Products (in which case clause 4.5(d) will apply).

4.6 Title and Risk

Title and risk in all Selected Wine Products passes to Eligible QFF Members on delivery.

5. Product Returns

(a) If a Selected Wine Product obtained through the Wine Store is damaged or faulty upon delivery (through no fault of the Eligible QFF Member), the Eligible QFF Member should contact the Service Centre within three days of receipt to arrange for an exchange or a refund.

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

(c) Selected Wine Products will not be accepted for exchange or refund if Eligible QFF Members change their mind.

(d) No partial refund will be provided for an Order, unless otherwise specified by Qantas.

(e) An Eligible QFF Member must not return any Selected Wine Product without first receiving authorisation from the Service Centre. The Service Centre will authorise the return of a Wine Product where it is satisfied that the Eligible QFF Member is entitled under Qantas’ then current policy to the exchange or refund.

(f) All Selected Wine Products authorised for return by the Service Centre must be returned to the location specified by the 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).

(g) If a refund is authorised by Qantas, Qantas will:

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

(ii) reverse any credit of Points made to the Eligible QFF Member’s Account for purchasing the Selected Wine Product.

(h) If a replacement Selected Wine Product is requested and authorised by Qantas, instead of a refund, Qantas will dispatch the replacements at no further cost to the Eligible QFF Member.

6. Liability

6.1 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 6 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 the Selected Wine Products.

6.2 Third Party Products

Purchasing the Selected Wine Products 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 Eligible QFF Members or members of Qantas epiQure. 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.

6.3 Taxes and charges

Eligible QFF Members are responsible for any costs, charges, taxes, claims or other liabilities (including any applicable fringe benefits tax) arising from receipt of the Selected Wine Products or Points. Qantas recommends that Eligible QFF Members consult their accountant or tax adviser to ensure that they understand possible tax (including fringe benefits tax) implications, if any.

6.4 Exclusion of Liability

Qantas excludes all liability for Consequential Loss.

7. Benefit of Terms

If a Supplier or any related body corporate of Qantas suffers or incurs Losses as a result of an Eligible QFF 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.

8. Termination

Qantas may terminate or cease to operate Qantas epiQure or Sample a Taste of Qantas epiQure at any time at its discretion.

9. Personal Information

For information regarding how Qantas may collect, use and disclose your personal information, see the Qantas Privacy Statement (available at qantas.com/privacy) and the QFF Terms.

10. General

(a) The Website may be used for an Eligible QFF Member’s personal non-commercial use only and not for any commercial use.

(b) 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.

(c) These Terms and Conditions are governed by and will be construed in accordance with the laws applicable in New South Wales. 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.

(d) The Terms of Use for qantas.com apply to the use of this Website.

11. Responsible Service of Alcohol

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

(b) Qantas recommends that alcohol only be consumed in moderation. Liquor Act 2007: It is an offence to sell or supply to or to obtain liquor on behalf of a person under the age of 18 years. Licence Number: LIQP770010287.