Terms and Conditions

Effective 9 October 2019

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

By making any purchase of Eligible Products and Services 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 charge card which a Member or Guest Customer 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 Premium Membership.

Service Centre means the Qantas Wine call centre and service centre operated by or on behalf of a Qantas Group Company for Members or Guest Customers, which can be accessed by telephoning - 1800 505 004 Monday to Saturday between 8am – 7pm AEST/AEDT.

Website means www.qantasepiqure.com.au or www.qantaswine.com or wine.qantas.com.

Bonus Points means bonus or additional Points awarded to Members in addition to any applicable points per dollar spent.

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 Product or Event that are communicated to Members or Guest Customers through email or mail marketing communication.

Guest Customer means a customer who has or is proposing to transact on the Website but is not logged in as a Member when the transaction occurs. A Guest Customer may also be a Member.

Eligible Purchase means the purchase of Products by a Member or Guest Customer in accordance with these terms and conditions.

Eligible QFF Member means a member of the QFF Program (who is not a Premium Member) at the relevant time who is over 18 years of age and has an Australian delivery address.

Events means any events or promotions advertised on the Website, or is otherwise communicated to Members or Guest Customers through email or mail marketing communication, for which Qantas offers tickets (Event tickets) to Members and Guest Customers.

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 an Eligible QFF Member or a Premium Member (as the case may be) who has or is proposing to transact on the Website.

Member Account has the meaning given in clause 3.

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

Membership Fee means the annual Premium Membership fee payable on the Qantas Wine program as varied by Qantas from time to time.

Non Excludable Terms has the meaning given in clause 24.1.

Order has the meaning given in clause 8.

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' and include Bonus Points.

Premium Member means a natural person who holds a Premium Membership.

Premium Membership means membership of the Qantas Wine program in accordance with Clause 5.

Product means Eligible Products and Services as defined in clause 11.2.

Qantas means Qantas Airways Limited ABN 16 009 661 901.

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

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 5.2(d).

Subscription Products means 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.

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

Third Party Products has the meaning given in clause 24.2.

Undelivered Subscription Product has the meaning given in clause 7.2.

2. Responsible Service of Alcohol

(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 alcohol or liquor Products, a Member or Guest Customer warrants that:

i. the Member or Guest Customer is 18 years of age or older;

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

(c) Qantas may cancel any Order, or refuse to supply Products, if it is not satisfied that the requirements in clauses 2(b)(i) and (ii) are satisfied, or if Qantas otherwise considers that the supply would breach any laws or regulations applicable to supply of liquor.

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: LIQP770016736.

3. Member Account

(a) The Website offers an ‘Account’ facility to all Members (both Premium Members and non-Premium Members) (Member Account) which can be used to view and edit information, order history, order status’ and perform certain functions, relating to their Account.

(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 information via the Website or by contacting the Service Centre.

(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.

(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.

(e) By setting up a Member Account, applying for Premium Membership, claiming any Benefit, accessing the Website or making any purchase on the Website, you agree to be bound by these Terms and Conditions ( as amended from time to time).

4. Guest Customer Checkout

(a) The Website offers a ‘Guest Customer Checkout’ facility to all users (including Members) which can be used to process their transaction (Guest Customer Information).

(b) Each Guest Customer must advise Qantas of any changes of name, address, email, phone or other information in relation to the respective transaction within 12 hours after the transaction was made by contacting the Service Centre.

(c) Qantas is not responsible for any loss, damage or claim relating to Guest Customer Information including but not limited to loss, damage or claims which are caused by the Guest Customer’ s failure to update or provide accurate information in accordance with this clause 4.

(d) By accessing the Website or making any purchase on the Website, the Guest Customer agrees to be bound by these Terms and Conditions (as amended from time to time).

(e) Qantas may restrict the use of the Guest Customer functionality in its absolute discretion.

(f) A Guest Customer cannot purchase any Premium Membership, Subscription Product or exclusive Premium Member products or services.

5. Premium Membership

5.1 Eligibility

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

(i) is a QFF Member; and

(ii) is 18 years of age or older.

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

5.2 Application process and annual Membership Fee

(a) Premium Membership applications must be submitted online by following the application process on the Website or by contacting the Service Centre.

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

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

(d) Premium Membership is valid for the period beginning on the date the relevant annual Membership Fee is paid by the Premium 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).

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

5.3 Cancellation of Premium Membership

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

(i) cancel that Premium Member’ s Premium Membership;

(ii) subject to the Premium Member complying with clause 5.3(b) below (if applicable), refund the Membership Fee paid by that Premium Member for the existing Premium 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 Products or other goods or benefits from Qantas as a one-off Benefit for joining Qantas Wine (a Joining Gift), the Member must, in order to be eligible for a refund of any applicable Membership Fee under clause 5.3(a)(ii) above, return the Joining Gift within 14 days of notifying Qantas that he/she no longer wishes to be a Premium Member:

(i) to the location specified by the 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.

(d) If a Premium Member has committed a material breach of any of the Terms and Conditions or Qantas has reasonable grounds to suspect the member has committed a material breach of these Terms and Conditions, or has failed to pay any money due under Qantas, whether intentionally or otherwise, then Qantas may cancel that member’s Premium Membership.

(e) If Qantas intends to take action under clause 5.3(d), it will notify the Premium Member of its intention and the reason for that action. The Premium Member will then have 14 days to respond to this notice by rectifying the breach (where possible) and providing any reason why Qantas should not take action (provided that Qantas may suspend Premium Membership until any review is completed). Qantas will review the response and advise the Premium Member of its position.

(f) In addition to the rights above, Qantas reserves the right in its absolute discretion to terminate the Premium Membership of any Premium Member at any time by giving such notice to the Premium Member as is reasonably practicable in the circumstances.

5.4 Renewal

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

5.5 Premium Membership is personal

Each Premium Membership is personal and non-transferable. Premium Members must not:

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

5.6 Benefits

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

(b) It is the responsibility of Premium Members to ensure they are familiar with the available Benefits, including changes to Benefits, by visiting the Website.

6. Products

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

(i) for a Member, refund the amount paid for the 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 Product, as the case may be;

(ii) for a Guest Customer, refund the amount paid for the Product by the Guest Customer by crediting the Accepted Payment Card used; and

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

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

7 Subscription Products (Wine Club Plans)

7.1 Purchase of Subscription Products

By purchasing a Subscription Product the Member consents to:

(a) Qantas storing the Member’s payment information, either directly or through its third party payment provider, to allow for payment of the required instalments; and

(b) Qantas initiating payment for the agreed instalments with the Member’s nominated default payment method for the duration of the Subscription Product, unless the Member otherwise cancels their Subscription Product in accordance with these terms.

7.2 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.

7.3 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.

8. Ordering

(a) Qantas will only accept orders for Products from current Premium Members whose Premium Membership has not been suspended or cancelled, or from current Eligible QFF Members or from Guest Customers. Members or Guest Customers may purchase Products by placing orders for those Products using the ordering process available on the Website (Order). Products are not for resale or resupply.

(b) Qantas may accept or reject an Order in its absolute discretion.

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

(d) Qantas may decline Orders from Members or Guest Customers who Qantas believes are placing Orders for the purposes of reselling or resupplying Products.

(e) Orders for 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.

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

9. Price and payment

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

(b) The 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 Product, as the case may be.

(c) Other than for Subscription Products which must be paid for using an Authorised Payment Card, Members must purchase Products through the Website by either redeeming Points or using an Accepted Payment Card. A Member cannot purchase Products by using a combination of redeeming Points and using an Accepted Payment Card in the one transaction. A Guest Customer must purchase Products using an Authorised Payment Card.

(d) For Orders made by redeeming Points, Points redeemed for 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.

(e) Points cannot be pooled between Members to redeem Products.

10. Coupon Codes and Special Offers

(a) Qantas may send Coupon Codes and Special Offers to Members and Guest Customers through standard promotional channels that the Member and Guest Customer is subscribed to. Coupon Codes and Special Offers are not transferable 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.

(b) For Members, Coupon Codes will be applicable to purchases made by an Accepted Payment Card or by redeeming Points. For Guest Customers, Coupon Codes will be applicable to purchases made by an Accepted Payment Card. Offers will vary and any additional terms and conditions applicable will be communicated to the Member and Guest Customers. Coupon Codes will have a date of expiry that will be communicated on the Offer.

(c) Qantas reserves the right to cancel or suspend an Order using a Coupon Code or Special Offer where Qantas reasonably believes the use of the Coupon Code or Special Offer to be fraudulent, or otherwise in contravention of the terms and conditions for that Coupon Code or Special Offer. This includes circumstances where a Coupon Code or Special Offer is shared through social media or otherwise provided to an individual through unauthorized channels.

11. Orders that earn Points

11.1 Members

(a) Subject to clause 13, to earn Points with Qantas Wine, a Member must be logged into the Website with his/her QFF Membership number and QFF Membership PIN (and comply with any requirements described on the Website) at the time of making an Eligible Purchase.

(b) A Member may earn Points in their QFF Program account, including any applicable Bonus Points, only for successful payments made by that Member using an Accepted Payment Card or by redeeming Points through the Website for the following products and services (Eligible Products and Services):

(i) Membership Fee;

(ii) Wine, food and accessories;

(iii) Event tickets; and

(iv) other eligible transactions or products offered for sale by Qantas from time to time on the Website.

(c) The number of Points earned (if any) for Eligible Products and Services will be at the rate advertised on the Website at the time of purchase but will not include any delivery fees payable. 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.

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

(e) 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 Bonus Points earned on purchases where such Eligible Products or Services are cancelled, refunded or returned.

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

(g) Qantas reserves the right to refuse to award Points or Bonus Points, or cancel or deduct the number of Points or Bonus Points that were awarded, where Qantas’ reasonably believes the applicable transaction to be fraudulent, or that the awarding of Points or Bonus Points is otherwise in contravention of these terms and conditions.

11.2 QBR Members

(a) Subject to clause 13, to earn Points with Qantas Wine through a Qantas Business Rewards (QBR) Membership, a Member must provide a valid QBR Membership ABN (and comply with any requirements described on the Website) at the time of making an Eligible Purchase.

(b) A Member may earn Points in their QBR Program account, including any applicable Bonus Points, only for successful payments made by that Member using an Accepted Payment Card.

(c) The number of Points earned (if any) for Eligible Products and Services will be at the rate advertised on the Website at the time of purchase but will not include any delivery fees payable. 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.

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

(e) 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 Bonus Points earned on purchases where such Eligible Products or Services are cancelled, refunded or returned.

(f) Points may take up to six weeks to be credited to a Member’s QBR Program account.

(g) Qantas reserves the right to refuse to award Points or Bonus Points, or cancel or deduct the number of Points or Bonus Points that were awarded, where Qantas’ reasonably believes the applicable transaction to be fraudulent, or that the awarding of Points or Bonus Points is otherwise in contravention of these terms and conditions.

(h) In addition to this clause 11.2, the QBR Terms and Conditions apply to any purchase made with a QBR Program membership. QBR Terms and Conditions can be found here: https://www.qantas.com/au/en/business-rewards/terms-and-conditions.html

12. Orders that earn Points - Guest Customers

(a) A Member who has used the Guest Customer functionality may claim Points on an Eligible Purchase as set out in this clause 12, other than in relation to Premium Membership, Subscription Products and exclusive Premium Member products.

(b) A Member who has used the Guest Customer functionality must claim their Points by contacting the Service Centre, within 6 weeks of the date of the Eligible Purchase (Re-claim Period). After expiry of the Re-claim Period, the Member will no longer be entitled to claim the Points for that transaction.

(c) A Guest Customer who joins as a new Member following the purchase of Eligible Products and Services, must claim their Points by contacting the Service Centre within the Re-claim Period. After expiry of the Re-claim Period, the Guest Customer will no longer be entitled to claim the Points for that transaction.

(d) A Premium Member who has purchased Eligible Products and Services by way of a Guest Customer, will not be eligible for three (3) Points per $1. The Premium Member may, during the Re-claim Period, claim one (1) Point per $1 spent on the Eligible Purchase. After expiry of the Re-claim Period, the Premium Member will no longer be entitled to claim the Points for that transaction.

(e) Points can only be claimed by the individual who made the transaction. For the avoidance of doubt, this means that on claiming such Points within the Re-claim Period, Points must be claimed by the individual who made the transaction and not another QFF Member.

(f) Points will not be awarded in relation to any Eligible Products or Services that are cancelled, refunded or returned by the Guest Customer.

(g) Qantas reserves the right at any time to deduct, suspend or cancel any Points or Bonus Points credited or due to be credited to a Member (or a Guest Customer) incorrectly, or not in accordance with, or in breach of, the Terms and Conditions or where Qantas suspects fraudulent activity.

13. Awarding of Points

Qantas Points (including any Bonus 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 Website for Eligible Products and Services.

14. Redemption of Points through the Website

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

(b) Points cannot be converted to or exchanged for money.

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

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

15. Delivery

(a) Qantas will only deliver Products to addresses within Australia and will not deliver perishable items to PO Boxes. Members and Guest Customers 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 or Guest Customer due to incorrect or out of date address details.

(b) Qantas will deliver all Orders free of charge to Premium Members within Australia. Delivery fees for all Orders made by Eligible QFF Members who are not Premium Members will be at the rates set out on the Website from time to time. If a Premium Member has purchased Eligible Products and Services using the Guest Customer functionality, the Premium Member will not receive free delivery.

(c) 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 as the below:

(i) Melbourne and Adelaide Metro areas, Sydney Metro areas and Brisbane Metro areas within 1-4 business days

(ii) Perth Metro areas 4-8 business days

(iii) Other City and Regional Areas and Country 3-10 business days

(d) The delivery timeframes are from dispatch. Orders placed before 11am will be dispatched the next business day. Qantas accepts no liability for any late delivery, but the Member acknowledges that it may take a longer period of time to deliver during peak periods.

(e) All deliveries of Products will be performed by a Supplier on behalf of Qantas, including but not limited to Australia Post, StarTrack and Fastway. The terms and conditions of the relevant delivery Supplier will also apply to the delivery.

(f) Qantas will not process deliveries to certain locations in the Northern Territory or Queensland which may prohibit or restrict the possession or transportation of alcohol. For a list of excluded delivery locations, see https://nt.gov.au/law/alcohol/bans-and-dry-areas/where-you-cant-drink-in-the-NT/list-of-restricted-areas and https://www.datsip.qld.gov.au/programs-initiatives/community-alcohol-limits.

(g) Delivery occurs when:

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

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

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

(h) In the event that the applicable delivery Supplier is unable on the first attempt to deliver the Products to the specified delivery address, including where the applicable delivery Supplier determines that it is unable to safely deliver the Products, the applicable Supplier will deliver the 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.

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

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

(ii) if Qantas is not satisfied that the proposed recipient is 18 years of age or older, Qantas (or the applicable Supplier) will not deliver the Products (in which case clause 15(h) will apply).

(j) Qantas is not responsible for any Losses related to deliveries being made to incorrect or incomplete addresses provided by Members or Guest Customers 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, or in the case of a Guest Customer, to specify the current and correct delivery address through processing the transaction on the Guest Customer checkout facility. In such circumstances, the Member or Guest Customer assumes responsibility for the entire purchase and, if the delivery is refused or unable to be completed by the applicable Supplier, then additional handling costs and freight charges will be applied to a request for re-delivery.

16. Title and Risk

(a) With the exception of delivery occurring in accordance with clause 15(g)(iii), title and risk in all Products passes to Members or the Guest Customer (as applicable) on delivery.

(b) In respect of Products delivered in accordance with clause 15(g)(iii):

(i) risk passes to the Member or the Guest Customer (as applicable) at the time of delivery; and

(ii) title passes to the Member or the Guest Customer (as applicable) at the time the Products are collected from the Post Office by the Member or the Guest Customer (as applicable) or nominated individual on behalf of the Member or the Guest Customer (as applicable).

17. Warranty

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

18. Product returns

(a) Qantas Wine will accept product returns, for refund or exchange, for a change of mind or where items were damaged or faulty upon delivery (through no fault of the Member or Guest Customer), provided that the Member or the Guest Customer (as applicable) contacts the Service Centre within 14 days of receipt of the product to authorise the exchange or refund. The Service Centre will provide the Member or Guest Customer with instructions on how and where to return the product, and if the return is due to the product being damaged or fault upon delivery (through no fault of the Member or Guest Customer), Qantas will provide the Member or Guest Customer with return shipping free of charge. Where the return is for a change of mind, the Member or Guest Customer will be responsible for the return shipping.

(b) Qantas Wine offers a Money Back Guarantee where a Member or Guest Customer (as applicable) is not 100% satisfied with their purchase. To obtain a refund under our Money Back Guarantee the Member or Guest Customer must contract the Service Centre within 90 days of the date of purchase. Provided that the Member or Guest Customer has not consumer more than 2 bottles in a case, the Member or Guest Customer will be entitled to a full refund of the purchase price (excluding any delivery charges that were paid on the order). Qantas will provide the Member or Guest Customer with return shipping free of charge.

(c) Products will not be accepted for exchange or refund if the requirements set out in this clause 18 have not been met.

(d) Products will not be processed for exchange or refund of either money or Points unless prior authorisation for return by the Service Centre is provided to the Member or Guest Customer (as applicable). The Service Centre will authorise the return of a 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 this clause 18.

(e) All Products authorised for return by the Service Centre must be returned to the return 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). The Service Centre will provide details for the return location.

(f) Refunds will be processed only after receipt and inspection of the returned Product. If a refund is processed by Qantas, Qantas will:

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

(ii) for a Guest Customer, refund the amount paid for the Product by the Guest Customer crediting the Accepted Payment Card used to purchase the Product; and

(iii) reverse any credit of Points (including Bonus Points) made to the Member’s QFF Program account for the order.

(g) If a replacement Product is requested and authorised by Qantas, instead of a refund, Qantas will dispatch the replacement Product at no further cost to the Member or Guest Customer

(h) 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 Premium Member’s Subscription Product may be cancelled if the Premium Member’s Premium Membership is not renewed in accordance with clause 2.4 of these Terms and Conditions.

19. QFF Terms

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

20. Changes to the Terms and Conditions

(a) Qantas will notify Members of any material changes to these Terms and Conditions by publishing the changes on the Website.

(b) If Qantas removes Benefits or amends these Terms and Conditions in a way that deprives a Premium Member substantially of the benefit of the Premium Membership, that Premium Member will have the option of cancelling the Premium Membership.

(c) If a Premium Member cancels their Premium Membership pursuant to clause 20.2 within 14 days of Qantas notifying the Premium Member of such changes in accordance with clause 20.1, Qantas will:

(i) cancel that Premium Member’s Premium Membership; and

(ii) provide a pro-rata refund of the Membership Fee paid by that Premium Member by either crediting the Premium 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.

(d) In addition to clause 20.3, if a Premium Member has purchased a Subscription Product and the Premium Member notifies Qantas of his or her cancellation prior to the next periodic delivery being dispatched pursuant to a Subscription Product, Qantas will:

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

(ii) 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.

21. Customer Obligations

(a) A Member or Guest Customer must not:

(i) act in any way which breaches these Terms and Conditions;

(ii) abuse or misuse any Benefits, Coupon Codes or Special Offers, Products, services (including Product Returns) or arrangements accorded to the Member or a Guest Customer;

(iii) during the course of engaging with Qantas or as a result of using the Website:

(A) engage in illegal or fraudulent activities;

(B) supply or attempt to supply false or misleading information, or make a misrepresentation to Qantas; or

(C) act in a hostile, abusive or aggressive way towards Qantas staff.

(b) If a Member or Guest Customer has committed a material breach of any of the Terms and Conditions or Qantas has reasonable grounds to suspect the member has committed a material breach of these Terms and Conditions, or has failed to pay any money due under Qantas, whether intentionally or otherwise, then Qantas may:

(i) cancel any Order;

(ii) refuse to supply any Product; or

(iii) cancel a Premium Membership in accordance with clause 5.3.

22. Events

22.1 Event details

(a) From time to time Qantas may organise Events and advertise those Events (and other events) on the Website for Members and Guest Customers to purchase tickets to attend. Some Events may be exclusive to Premium Members.

(b) Qantas may at any time, without advance notice to Members and Guest Customers, 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.

22.2 Purchasing tickets using Accepted Payment Card

(a) Members may purchase tickets for Events for themselves and their guests through the 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) A Guest Customer may purchase tickets for Events for themselves and their guests through the Website by making a money payment using an Approved Payment Card.

(c) For Premium Member exclusive events, Qantas will only accept orders for Event tickets from current Premium Members whose Premium Membership has not been suspended or cancelled.

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

22.3 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.

(c) A Guest Customer cannot purchase Event tickets by redeeming Points. For the avoidance of doubt, a Guest Customer cannot purchase any product or service on the Website by redeeming Points.

22.4 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 Website at the time the relevant transaction is made.

22.5 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 or Guest Customer as soon as practicable via email;

(ii) for a Member, 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;

(iii) for a Guest Customer, refund the amount paid for the Event tickets by the Guest Customer by crediting the Accepted Payment Card used, to purchase the Event tickets; and

(iv) deduct the number of Points credited to a Member’s QFF Program account (if any) in relation to payment for the applicable Event tickets for a Guest Customer deduct the number of Points credited to the Member who has claimed Point during the Re-claim Period.

22.6 Photography at Events

(a) By purchasing an Event ticket, Members and Guest Customers acknowledge that a photographer may be present at the relevant Event and that the Member and the Guest Customer 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 publicly on the Website and any media (including banners/signage/posters, magazine, Internet, or other digital or print formats).

(c) Members and Guest Customers consent to photographs being taken of them and their guest(s) for the purposes described in this clause 22.6 and acknowledge they will not be entitled to any monetary or other compensation for such use.

23. Material and information on the Website

23.1 Qantas information

Qantas will use reasonable endeavours to ensure that information included by or on behalf of Qantas on the 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.

23.2 External Sites

The 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 Website. Qantas makes no warranty and accepts no liability in relation to material contained on External Sites.

23.3 Intellectual property

(a) The material contained on the Website is protected by copyright. A Member or a Guest Customer must not use, copy, modify, transmit, store, publish, distribute or create derivative works of the material on the 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 Website must not be used or modified in any way without obtaining the prior written consent of Qantas.

(c) The 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 or Guest Customer’s use of the Website must not in any way infringe the intellectual property rights of any person.

(d) A Member or Guest Customer must not:

(i) use any device, software, routine or any other method to interfere or attempt to interfere with the proper working of the Website; or

(ii) take any action that imposes a burden or load on the Website not authorised by Qantas or that is unreasonable or disproportionate to the benefits Qantas obtains from that Member’s use of the Website.

23.4 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 16, 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 Website.

24. Liability

24.1 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 24) 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 Eligible Products and Services.

24.2 Third party products

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.

24.3 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 Premium Membership and Benefits.

24.4 Member Content

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

(a) a claim by a third party that the use by Qantas of Member Content in accordance with clause 23.4(e) infringes the intellectual property rights or moral rights of any person; or

(b) any breach by that Member of his or her obligations under clause 23.4.

24.5 Exclusion of liability

Qantas:

(a) excludes all liability for Consequential Loss; and

(b) limits its aggregate liability under or in connection with a Premium Membership to the amount of the Membership Fee.

24.6 Benefit of terms

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.

25. Termination by Qantas

(a) Qantas may terminate or cease to operate Qantas Wine and/or the QFF Program at any time at its discretion.

(b) Qantas will use its best endeavours to give Members as much notice of any termination referred to in clause 25(a) as is reasonably practicable in the circumstances.

(c) If termination occurs in accordance with this clause 25, Qantas will, subject to clause 25(d):

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

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

(d) If a Member has purchased a Subscription Product and Qantas terminates either the Premium Membership (where the Member is a Premium Member) or the Qantas Wine program prior to the next periodic delivery being dispatched pursuant to a Subscription Product, Qantas will:

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

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

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

(e) A Member will not receive a refund under clause 25(d)(ii) if:

(i) the Member has breached of any of these Terms and Conditions;

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

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

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

(f) Premium Members may terminate their Premium 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.

(g) Qantas may terminate or prevent a Guest Customer’s use of the Guest Customer’ s functionality, in its absolute discretion.

26. Personal information

(a) Each Member and Guest Customer acknowledges that Qantas collects, uses and discloses information about the Member and Guest Customer, in order for Qantas to provide the activities set out in these Terms and Conditions. The information about such use in this clause 26 should be read alongside the Privacy Policy available on the Qantas website, which contains more detailed information about how a Member’s and Guest Customer’ s personal information is processed.

(b) Qantas collects personal information about each Member (including products and services available to Qantas Frequent Flyer members) and each Guest Customer:

(i) to provide the products and services described in these Terms and Conditions;

(ii) for research, marketing, product development and planning purposes, including to provide the Members and Guest Customers with updates and offers (if the Member or Guest Customer has chosen to receive these);

(iii) to operate and facilitate participation in the QFF Program, including to award Points, track benefit accrual and redemption activities and to confirm a Member’s eligibility for, and providing any products and services associated with Terms and Conditions; and

(iv) to any third party providing services to Qantas, any of its related bodies corporate with the administration of Qantas Wine or the QFF Program.

(c) It is a condition of Premium Membership that each Premium Member consents and authorises Qantas to collect and use the information collected by Qantas in relation to that Premium 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:

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

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

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

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

(d) Each Member and Guest Customer acknowledges that information collected by Qantas may be transferred to or from Australia for purposes set out in clauses 26(b) and 26(c) (as applicable)

(e) If the Member or Guest Customer does not provide all or any part of the requested information, the services and products provided to that Member or Guest Customer by Qantas, may be affected.

(f) Neither Qantas nor any Supplier will otherwise disclose a Member’s or Guest Customer’s personal information without that that party’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.

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

(h) Further information on how Qantas handles personal information, and to the extent permitted or required by law, access and correct personal information can be requested by completing our online form located at https://www.qantas.com/au/en/support/privacy-and-security.html#contacting-us or by writing to Group Privacy Officer, Qantas Customer Care at 10 Bourke Road, Mascot, NSW, 2020. Only the Member named on the account will be entitled to access their Membership information.

(i) This clause 26 survives the termination of these Terms and Conditions and the termination or suspension of Qantas Wine.

27. General

(a) The Website may be used for a Member’s or Guest Customer’s personal non-commercial use only and not for any commercial use. Benefits, including Event tickets and Products (as applicable), may not be acquired for 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. For a Premium Membership, this is irrespective of where the application for Premium 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.