Terms and Conditions of Cafe Rewards and QBR



CAFE REWARDS LOYALTY PROGRAM REWARD SCHEME TERMS AND CONDITIONS

Effective 1 August 2018

1. Introduction

1.1 These Terms and Conditions:

(a) apply to and govern the contractual relationship between the Program Partner and each Member with respect to the Reward Scheme made available by the Program Partner as a participant in the Qantas Business Rewards Program;

(b) are effective as at the date specified above and may be amended from time to time by the Program Partner; and

(c) operate in conjunction with the Qantas Business Rewards Program Terms and Conditions (available at www.qantasbusinessrewards.com) and in the event of any inconsistency or conflict the Qantas Business Rewards Program Terms and Conditions prevail; and

(d) are governed by the laws of New South Wales. Members submit to the non-exclusive jurisdiction of the courts of New South Wales.

1.2 The current Reward Scheme Terms and Conditions are available at www.ccamatil.com.au. It is the Member’s responsibility to read and understand them. Any queries regarding these Terms and Conditions should be directed to the Program Partner.

1.3 Participation in this Reward Scheme constitutes acceptance of these Reward Scheme Terms and Conditions.

2. Definitions 

2.1 Unless the context otherwise requires:

(a) terms used in the Qantas Business Rewards Program Terms and Conditions and the QFF Program Terms have the same meaning in these Terms and Conditions;and

(b) the following terms have these meanings in these Terms and Conditions.

CDS Amounts means for products which are subject to any container deposit scheme (or similar scheme) in any relevant state or territory (“CDS”) or which become subject to any CDS after the date of these Terms and Conditions, a component of the price of that item which the Program Partner designates to relate to the CDS from time to time (or, if the Program Partner fails to designate such amount, an amount equal to the costs associated with the CDS which are referrable to that item or its container (which may be, for example, the sum of any container deposits, handling fees and administrative fees charged on a “per container” basis under the CDS). Refer to your state government's website for further details on CDS.

Eligible Customer must be an independently owned café or restaurant and identified by the Program Partner as either Tier 1 or Tier 2, and must be compliant with their Signed Trading Agreement to participate in this Reward Scheme. In addition, an Eligible Customer cannot be part of a National or Key account group with an existing contract or agreement with Amatil to be eligible to earn Qantas Points under this Reward Scheme.

Eligible Products means the following categories of products purchased by an Eligible Customer directly from and invoiced by the Program Partner:

Non-alcoholic ready to drink beverages;

Alcoholic beverages;

Coffee beans;

Office hot drink supplies (tea, coffee capsules, ground coffee, instant coffee, sugar)

Fountain syrup.

Member means an Eligible Customer who participates in the Rewards Scheme.

Program Partner or Amatil means Coca-Cola Amatil (Aust) Pty Limited ABN 68 076 594 119.

Qantas Business Rewards Benefits means the benefits received according to the Qantas Business Rewards Earn Rate.

Qantas Business Rewards Earn Rate means the rate that rewards are given, as set out in Schedule 1.

QFF Program Terms means the terms and conditions of the Qantas Frequent Flyer program issued by Qantas and as amended by Qantas from time to time, available at https://www.qantas.com/fflyer/dyn/program/terms

Reward Scheme means, for the purposes of these Terms and Conditions, the Coca-Cola Amatil and Qantas Business Rewards Scheme which is operated by the Program Partner.

Signed Trading Agreement means a trading agreement between Amatil and the Eligible Customer for the supply and ranging of Amatil’s products.

Special Conditions means any special conditions applying to this Reward Scheme, as set out in Schedule 1.

Terms and Conditions means these Reward Scheme Terms and Conditions which are administered by the Program Partner.

2.2 In these Terms and Conditions, unless the contrary intention appears:

(a) the singular includes the plural and vice versa; and

(b) a reference to ‘include’ or ‘including’ means ‘including but not limited to’.

3.  Application of Reward Scheme Terms and Conditions

By claiming any Qantas Business Rewards Benefit under the Reward Scheme, a Member agrees to be bound by these Terms and Conditions in addition to the Qantas Business Rewards Program Terms and Conditions.

4.Changes to Reward Scheme

4.1 Subject to clause 4.2 and the Reward Scheme Terms and Conditions, the Program Partner may implement any changes (whether material or otherwise) to these Terms and Conditions and the Qantas Points offered in relation to Eligible Products, including changes to:

(a) the ways in which Qantas Points are earned under the Reward Scheme;

(b) Eligible Products; and

(c) restrictions, conditions and eligibility to earn Qantas Points under the Reward Scheme.

4.2 The Program Partner will inform Members of material changes to these Terms and Conditions and where such changes will reduce the number of Qantas Points offered to Members under the Reward Scheme, when possible, give Members at least 30 days’ notice.

4.3 Without limiting clause 4.1 in any way, Members will be taken to have received the notice referred to in clause 4.2 if the Program Partner or Qantas Business Rewards Program notifies Members of the change by sending an email to the email address in the Membership Account.

5.Termination or suspension of the Reward Scheme

5.1 The Program Partner gives no undertaking as to the continuing availability of the Reward Scheme. The Program Partner may terminate or suspend the Reward Scheme at any time and will give at least 60 days’ notice to Members of such termination or suspension, except if the Qantas Business Rewards Program ceases to operate, in which case the Reward Scheme will cease immediately.

5.2 If the Program Partner terminates or suspends the Reward Scheme, subject to the Qantas Business Rewards Program Terms and Conditions, Members will be able to transfer Qantas Points to another account (if applicable) during the notice period, except where: 

(a) Qantas is ceasing to operate an airline business and/or has gone into liquidation, receivership or other form of administration; and/or

(b) the Program Partner ceases to operate its business and/or has gone into liquidation, receivership or other form of administration, in which case Qantas Points in Qantas Business Rewards may be cancelled without notice.

6.Earning Qantas Business Rewards Benefits

6.1 Subject to the exclusions, limitations and other conditions specified in this clause 6, the Program Partner will award Qantas Business Rewards Benefits to Members at the applicable Qantas Business Rewards Earn Rate specified in Schedule 1, or in any special offer, for Eligible Products paid for by the Member for the Member’s business related purposes.

6.2 No Qantas Business Rewards Benefits will be awarded if the Eligible Product is cancelled, refunded or returned.

6.3 Members are not entitled to claim Qantas Business Rewards Benefits under the Reward Scheme for products listed in the definition of Eligible Product purchased via intermediaries, including Coca-Cola Amatil retailers.

6.4 To earn Qantas Business Rewards Benefits in relation to an Eligible Product, the Member must quote its ABN and at the time of purchasing an Eligible Product and must comply with any other requirements or procedures advised by the Program Partner prior to the purchase. Only Qantas Business Rewards Members may become entitled to Qantas Business Rewards Benefits (that is, individuals are not entitled to Qantas Business Rewards Benefits in their capacity as such).

6.5 It is the responsibility of the Member to check whether a product or other activity is eligible to earn Qantas Business Rewards Benefits, and if so how many Qantas Points or which other Qantas Business Rewards Benefits will be earned, before making a purchase or undertaking the relevant activity.

6.6 Members must provide the Program Partner on request with documented verification of the purchase of an Eligible Product. The Program Partner reserves the right to deny or revoke the crediting of Qantas Points in Qantas Business Rewards at any time if the Program Partner determines that Qantas Points were improperly obtained or erroneously credited to a Member’s Membership Account.

6.7 Unless otherwise determined by the Program Partner, Members are not eligible to earn Qantas Points in the Reward Scheme if; they have their principal place of business outside Australia.

6.8 The Program Partner may offer additional opportunities to earn Qantas Points in Qantas Business Rewards under a special promotion from time to time, in which case the terms and conditions referred to in the promotion will apply.

7.Crediting Qantas Points in Qantas Business Rewards

7.1 The Program Partner will endeavour to instruct Qantas Business Rewards to credit the applicable number of Qantas Points to the Membership Account within 60 days of the purchase of an Eligible Product (subject to the Eligible Customer signing the Signed Trading Agreement). It is the responsibility of the Member to check that the correct number of Qantas Points has accumulated in the Membership Account. 

7.2 Claims for the crediting of Qantas Points in Qantas Business Rewards retrospectively must be made by the Member to the Program Partner within 90 days after the purchase of an Eligible Product. Unless otherwise specified by Qantas Business Rewards, claims for the crediting of Qantas Points cannot be made if the Membership is not current or if the Membership Account was not active at the time the Eligible Product was purchased.

8.Suspension or termination of a Member or Qantas Points in Qantas Business Rewards

8.1 The Program Partner reserves the right to terminate a Member’s participation in the Reward Scheme or withhold or cancel Qantas Points claimed under the Reward Scheme if a Member or any of the Member’s representatives has attempted to claim Qantas Points under the Reward Scheme to which they were not entitled.

8.2 The Program Partner and Qantas Business Rewards will not be liable for any loss or damage whatsoever suffered by any person as a result of such withholding or cancellation and the Member is responsible for ensuring that its nominated Qantas Points recipients are notified of this.

9. Personal Information

The Program Partner and its agents collect personal information in order to conduct the Reward Scheme and may, for this purpose, disclose such information to third parties, including but not limited to, agents, contractors, service providers, offer suppliers and, as required, to Australian regulatory authorities. All personal details are kept in accordance with the Program Partner’s privacy policy. Participation in this Reward Scheme constitutes acceptance of the terms and conditions of the Program Partner’s privacy policy. A full version of the privacy policy is available at https://www.ccamatil.com/privacy-policy.

10. Taxation Implications

10.1 The Program Partner recommends that Members and their nominated Qantas Points Recipients consult their accountant or tax adviser to ensure that they understand possible tax (including fringe benefits tax) implications, if any, related to their earning and use of Qantas Points under the Reward Scheme.

11.Indemnity and Liability

11.1 The Program Partner (including its respective officers, employees and agents) is not responsible for and excludes all liability for any loss, damage or injury suffered or claimed (including, but not limited to, indirect or consequential loss or damage, personal injury or death, and direct or indirect loss or damage due to negligence or technical or mechanical malfunction, theft, unauthorised access or third party interference) by a Member in relation to participating in this Reward Scheme (except that which cannot be excluded by law) except where that loss, damage or injury was caused by breach of these terms and conditions by the Program Partner or the wilful or negligent acts or omissions of the Program Partner.

11.2 The Program Partner excludes all implied warranties, conditions and representations in relation to the provision of goods and services under the Reward Scheme.

11.3 Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other legislation which may not be limited, excluded or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into the Reward Scheme Terms and Conditions or provides statutory guarantees in connection with the Reward Scheme Terms and Conditions in respect of goods and services supplied (if any), the Program Partner’s liability for breach of such a condition, warranty other term or guarantee is limited (at the Program Partner’s election) to the extent it is able to do so: (a) in the case of supply of goods, the Program Partner doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, the Program Partner doing either or both of the following: (i) supplying the services again; and/or (ii) paying the cost of having the services supplied again.

11.4 The Program Partner excludes liability for all Losses arising from the early termination of the Reward Scheme.

Schedule 1

Program Partner

Qantas Business Rewards Earn Rate 

Tier 1 Café Rewards customers will earn 2 Qantas Points per $1(excluding GST and any other taxes or CDS Amounts) paid to the Program Partner for Eligible Products.

Tier 2 Café Rewards customers will earn 1 Qantas Point per $1 (excluding GST and any other taxes or CDS Amounts) paid to the Program Partner for Eligible Products.

Special Conditions 

Eligible Customer must be an independently owned café or restaurant and identified by the Program Partner as either Tier 1 or Tier 2, and must be compliant with their Signed Trading Agreement
to participate in this Reward Scheme. In addition, an Eligible Customer cannot be part of a National or Key account group with an existing contract or agreement with Amatil to be eligible to earn Qantas Points under this Reward Scheme.