Terms and Conditions of Cafe Rewards and QBR



LOYALTY PROGRAM REWARD SCHEME TERMS AND CONDITIONS

Effective 1 February 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 Products means the following categories of products purchased by a Tier 1 Café Rewards 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); and

Fountain syrup.

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

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.

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

Tier 1 Café Rewards means the Coca-Cola Amatil Pricing and Rewards programme for the Program Partner’s restaurant and café customers that purchase products directly from the Program Partner and comply with the following portfolio range and cooler share parameters:

1.      Minimum Ranging

Range in each of the customer’s outlets, at all times, no fewer than 15 stock keeping units of a Coca-Cola Amatil product specified by the Program Partner from time to time in accordance with the Café Rewards Range Requirements (a copy of which has been provided by the Program Partner to each Tier 1 Café Rewards customer).

2.      Minimum Share of Space

Provide the Program Partner with no less than an 80% “Share of Visible Coolers” in each of the customer’s outlets. For the avoidance of doubt, this requirement does not apply to a particular outlet if there are no visible coolers (or other refrigeration equipment) in that outlet.

“Share of Visible Coolers” means the percentage share of total cooler (or other refrigeration equipment) space of all visible coolers (or other refrigeration equipment) in an outlet that is occupied by Coca-Cola Amatil products.

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 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 rate specified in the Program Partner Earn Table, 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 after the purchase of an Eligible Product. 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 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.

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.

          

Program Partner

Eligible Products

The following categories of products purchased by a Tier 1 Café Rewards customer directly from and invoiced by the Program Partner:

  1. Non-alcoholic ready to drink beverages
  2. Alcoholic beverages
  3. Coffee beans
  4. Office hot drink supplies (tea, coffee capsules, ground coffee, instant coffee, sugar)
  5. Fountain syrup

Qantas Business Rewards Benefit Earn Rate

Tier 1 Café Rewards customer will earn 1 Qantas Point for every $1 (excluding GST and any other taxes or CDS Amounts) paid to Program Partner pursuant to the Reward Scheme

 

Short form disclaimer: A business must be a Qantas Business Rewards Member to earn Qantas Points for business. A one-off join fee of $89.50 including GST normally applies, however this will be waived for Coca-Cola Amatil Tier 1 Café Rewards customers when they join. Membership and Qantas Points are subject to Qantas Business Rewards Terms and Conditions. Qantas Points for business are offered under the Coca-Cola Amatil Terms and Conditions. Coca-Cola Amatil Tier 1 Café Rewards customers will earn 1 Qantas Point for every $1 (excluding GST and any other taxes or CDS Amounts) spent on the following categories of products purchased directly from and invoiced by Coca-Cola Amatil: non-alcoholic ready to drink beverages, alcoholic beverages, coffee beans, office hot drink supplies (tea, coffee capsules, ground coffee, instant coffee, sugar) and fountain syrup. Qantas Points will be credited to the Member’s Business Rewards account within 60 days of purchase. Any claims in relation to Qantas Points under this offer must be made directly to Coca-Cola Amatil by calling your Business Development Representative or Coca-Cola Amatil on 13 26 53.