Terms and Conditions
The GetGenuine GetRewards™ programme in Australia is governed by the terms and conditions as outlined herein ("Terms and Conditions") and these Terms and Conditions replace all other terms and conditions.
The Member and Smart Loyalty Australia Pty Ltd ABN 41 145 369 035 of Suite 1.02, Level 1, 3-97 Kippax Street, Surry Hills, NSW 2010 ("SLAPL") are bound by these Terms and Conditions.
- SLAPL operates and administers the GetGenuine GetRewardsTM Programme in Australia pursuant to which individuals nominated by Customers of Participating Merchants can earn Points as a result of purchases of certain goods by Customers from the Participating Merchants.
- Once enrolled in the Programme a nominated individual who is an authorized representative of the Customer, who is or becomes a Qantas Frequent Flyer member and who is eligible to accrue Points in the Programme, becomes a Member and Points from certain Eligible Transactions (specified below) can be credited to the Member's Qantas Frequent Flyer account.
- The Member has been enrolled into the Programme and agrees to comply with these Terms and Conditions.
- The Member wishes to utilise and be a participant in the Programme and to obtain benefits offered by SLAPL and Participating Merchants on these Terms and Conditions.
In these Terms and Conditions, unless the context otherwise requires:
- Business Day means a day (other than a Saturday or a Sunday) on which banks are open for general banking business in Sydney.
- Customer means a trade customer of a Participating Merchant who has nominated the Member to be enrolled in the Programme.
- Eligible Transactions means purchases of eligible genuine parts (for passenger car and light commercial vehicles only) in Australia by the Customer from Participating Merchants which are eligible to earn Points.
- Enrolment Information means the information received by SLAPL from all Participating Merchants in relation to their Customers.
- Member means the individual who is an authorized representative of the Customer, has been nominated by the Customer and accepted by SLAPL and is eligible to accrue Points through the Programme.
- Member's Account means the Member's Qantas Frequent Flyer account administered by Qantas to which Points are credited.
- OEM means the original equipment manufacturer which supplies genuine parts (which are the subject of Eligible Transactions) to the Participating Merchants.
- Participating Merchant means a merchant which sells to the Customers genuine parts (for passenger car and light commercial vehicles only) supplied by an OEM, and which participates in the Programme.
- Qantas Points means the Qantas Points that are credited to the Member's Account as a result of Eligible Transactions through participation in the Programme.
- Programme means the GetGenuine GetRewards™ programme operated by SLAPL as contemplated by these Terms and Conditions.
- Qantas means Qantas Airways, 10 Bouke Road, Mascot NSW 2020.
- Qantas Frequent Flyer means the Qantas Frequent Flyer Program operated by a Qantas Group Company.
- Reward means a product or service or item nominated by Qantas in the Qantas Frequent Flyer program as eligible to be obtained by a member redeeming Points through Qantas Frequent Flyer
These Terms and Conditions shall be governed by the laws of New South Wales, Australia and the Parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Subject to clause 4, Points shall be accrued under the Programme:
1. at the rate of 1 Point per Australian dollar of Eligible Transactions (excluding GST) completed by the Customer (to be allocated in equal proportions between all Members nominated by the Customer);
2. only in respect of Eligible Transactions that have been authorised by the Participating Merchants and notified to SLAPL; and
3. only in respect of Eligible Transactions that have been paid for by the Customer in accordance with the credit terms offered by the Participating Merchants to the Customer.
4. Points accrued in accordance with clause 3.1 (and these Terms and Conditions) for Eligible Transactions by a Customer will be allocated to Members nominated by that Customer in equal proportions.
5. The Member acknowledges that Points may take up to 12 weeks or more to be credited to the Member's Account.
- To have Points credited to the Member's Account, the Member must be an individual and a member of Qantas Frequent Flyer and SLAPL must have received the Member's Qantas Frequent Flyer membership number. The Member can join Qantas Frequent Flyer without paying the usual joining fee atwww.qantas.com/getgenuine . Qantas Frequent Flyer membership and points are subject to the terms and conditions of the Qantas Frequent Flyer program.
- Qantas may amend the terms and conditions of Qantas Frequent Flyer from time to time.
- Points will only be credited to the Qantas Frequent Flyer account in the name of the Member. Once Points have been credited to the Member's Account, all Points are subject to (and may expire in accordance with) the terms and conditions of Qantas Frequent Flyer (available at www.qantas.com/terms ).
- Once Points have been credited to the Member's Account, Points may be redeemed in the Qantas Frequent Flyer program in accordance with and subject to the terms and conditions of Qantas Frequent Flyer.
- Redemption of Points for Qantas Frequent Flyer Award travel is subject to capacity controls and availability is limited. Some flights may not have Award flight seats available. Surcharges, fees and taxes are payable in addition to the Points required for Award travel, are subject to change and are quoted at the time of making the flight booking. Members must also pay any applicable taxes, fees, levies and charges for non-flight Awards obtained by redeeming Points through Qantas Frequent Flyer.
- Qantas Frequent Flyer members are liable for any taxation implications relating to their participation in Qantas Frequent Flyer. It is recommended that members consult a taxation adviser in relation to any taxation implications related to membership of Qantas Frequent Flyer.
- See www.qantas.com/frequentflyer ) for more detail on Qantas Frequent Flyer.
- Without prejudice to SLAPL's rights under clause 12.2 it is agreed that SLAPL may vary these Terms and Conditions at any time by providing written notice of the variation to the last known email or mailing address of the Member.
- The Member's continued participation in the Programme will be deemed to be acceptance of these terms and conditions, as modified.
- A modification to the Terms and Conditions made pursuant to clause 5.1 hereof may not affect the Points then accrued to the Member's Account through use (other than by the Member) forfeiture or expiry.
- The notification of Eligible Transactions and Points to SLAPL is solely the responsibility of the Participating Merchants and any claim by the Member with regard to notification of Eligible Transactions and Points will be resolved between the Member and the Participating Merchant responsible for notifying SLAPL of the Eligible Transaction. The Member acknowledges and agrees that SLAPL relies entirely on the accuracy of the information supplied by Participating Merchants with respect to the Eligible Transactions and Points to be allocated to the Member.
- It is acknowledged that STAPL is a service provider for the provision of the Programme and Participating Merchants are not partners, joint venturers, sub-contractors, agents, servants or employees of SLAPL.
- SLAPL is not liable or responsible to any person or company for or on account of any error in the allocation or calculation of Points and in no circumstance shall SLAPL be held liable for any loss of business or profits or for any other consequential loss or damage suffered by the Member or any other person or company in relation to the provision of the Programme.
The Member acknowledges and agrees that:
- only individuals may earn or be credited with Points;
- the Member must be a member of the Qantas Frequent Flyer program to earn or be credited with Points;
- the Member may only earn Points in accordance with these Terms and Conditions and as a result of the Eligible Transactions by a Customer;
- the Qantas Frequent Flyer program terms and conditions apply to membership of the Qantas Frequent Flyer program and Points;
- the Member may receive Points only in a Qantas Frequent Flyer membership account in the Member's name;
- the Qantas Frequent Flyer program terms and the Qantas Conditions of Carriage apply to any air travel undertaken by the Member as a result of participation in the Qantas Frequent Flyer program;
- the number of seats available for award flight bookings under the Qantas Frequent Flyer program is limited and some flights may not have award flight seats available; and
- Qantas may vary the Qantas Frequent Flyer program terms and the Qantas Conditions of Carriage from time to time at its discretion.
- The Member indemnifies and will keep SLAPL indemnified against any income tax or fringe benefits tax or other tax arising from operation of the Programme, or the Member's participation in the Programme or Qantas Frequent Flyer. This indemnity extends to any and all losses (including all liabilities, losses, damages, penalties, interests and costs and expenses (including legal costs)) suffered or incurred by SLAPL.
- The Member acknowledges and agrees that the Programme is provided by SLAPL and not by Qantas, and that Qantas is not responsible or liable for any aspect of the Programme.
- Membership of the Programme may be terminated by the Member providing notice in writing to SLAPL that the Member wishes to be removed as a Member of the Programme.
- In this case, Points in the Member's Account will remain subject to the terms and conditions of Qantas Frequent Flyer but Points not credited to the Members Account at the date of termination will be forfeited.
- Points are not transferable or assignable (except in accordance with the terms and conditions of Qantas Frequent Flyer), cannot be sold and cannot be converted to money.
- SLAPL may terminate the agreement set out in these Terms and Conditions and/or terminate the Programme by notice in writing if:
- the Member fails to remedy a material breach of these Terms and Conditions within 14 days of written notice detailing the breach;
- the Member supplies any misleading information or makes any misrepresentation to SLAPL;
- the Member dies or becomes unsound of mind; or
- the Member becomes bankrupt.
- The Member may terminate the agreement set out in these Terms and Conditions without cause on 14 days notice in writing to SLAPL.
- SLAPL may terminate the agreement set out in these Terms and Conditions and/or terminate the Programme without cause on 90 days notice in writing to the OEM, Participating Merchant, Customer or Member.
- Where the agreement set out in these Terms and Conditions and/or the Programme is terminated under clauses 8, 9, or 10 ("Termination") , the Members will be notified by SLAPL in writing of the termination and any Points in the Members Account at the date of termination remain subject to the terms and conditions of Qantas Frequent Flyer.
- SLAPL will allocate Points for Eligible Transactions completed prior to the date of termination of the agreement set out in these Terms and Conditions and/or the Programme.
- Any notice or communication given to SLAPL pursuant to these Terms and Conditions shall be given to the postal address or facsimile specified at clause 15.4.
- Any notice or communication given to the Member pursuant to these Terms and Conditions shall be given to the email or mail address specified in the Enrolment Information pertaining to the Member or to such other address as the Member has specified in writing to SLAPL.
- A notice shall be deemed received by the intended recipient of the notice:
- in the case of a notice posted within Australia to an Australian address by ordinary post, two Business Days after the dispatch of the notice; and
- in the case of a notice sent by facsimile, on the day the facsimile was transmitted, provided that the transmitting facsimile machine generates a message that all pages comprising the notice were successfully transmitted during the facsimile transmission.
- In all cases, a notice or communication received after 5.00pm in the place of receipt or on a day that is not a Business Day is taken to be received at 9.00am on the next Business Day.
- SLAPL may collect information about the Member including information provided:
- in the Enrolment Information;
- by the Participating Merchants concerning Eligible Transactions; and
- from other sources as required to ensure that the Member obtains the maximum benefit from membership in the Programme.
- The Member consents to SLAPL collecting information in relation to the Member and utilising it:
- to promote services offered by all participating merchants relating to the Programme including but not limited to special product offers, discounts on purchases, special savings and collection of Points;
- for marketing, product development and research purposes; and
- for disclosure to merchants in distributing promotional information.
- In addition, the Member consents to SLAPL and Qantas (and its service providers) exchanging, using, disclosing and collecting Member personal information (including name, address, DOB and Qantas Frequent Flyer membership number) for the purpose of administering and operating the Programme and Qantas Frequent Flyer and allowing the Member to earn Points in accordance with these Terms and Conditions and participate in Qantas Frequent Flyer.
- Information in relation to the Member will be held by SLAPL at its premises in Australia and pursuant to the provisions of the Privacy Act 1988 (Cth) the Member may make written request for access to, and correction of, personal information held by SLAPL.
- A fee to cover the reasonable costs incurred by SLAPL in responding to a request for information by the Member may be charged and if a fee is payable then SLAPL will advise the Member of the amount of the fee and obtain payment before responding to the request.
To the extent permitted by law, SLAPL will not be liable to the Member for:
- Any failure or delay by a Participating Merchant to notify SLAPL of an Eligible Transaction.
- Any loss, theft or damage to any Rewards in the course of post or delivery.
- Any Reward not being available for any reason.
- Any failure by the Reward provider to meet the terms and conditions, the schedule of Rewards, participating companies qualifying goods and services and/or number of Points which will be recorded or deducted in relation to any Rewards.
- Any loss suffered by the Member as a result of any changes to the Qantas Frequent Flyer program (including terms and conditions of the Qantas Frequent Flyer program).
- All conditions and warranties whether expressed or implied and whether arising under legislation or otherwise as to the condition, suitability, quality, fitness or safety of any Rewards supplied under the Programme are expressly excluded to the full extent permitted by law.
- Any liability SLAPL may have to the Member under legislation in respect of Rewards which cannot be excluded is limited where permitted to supplying or paying the cost of supplying the Rewards again or repairing or paying the cost of repairing Rewards at SLAPL's option.
- SLAPL provides the Programme for participating businesses and each exclusion or limitation of liability in these terms and conditions also applies to each of those participating businesses and their directors, employees and agents.
- The determination of liability for any government levies or taxes or other expenses or charges arising out of the accrual or allocation of Points under the Programme or claiming of Rewards shall be the sole responsibility of the Member. The Member (and his/her employer or the party that engages the Member as a contractor), Customers and Participating Merchants will be solely responsible for any and all taxes relating to their participating in the Programme or the Member obtaining Points through the Programme.
- It is recommended that Members (and their employer or the party that engages them as a contractor), Customers and Participating Merchants consult their accountant or tax adviser to ensure that they understand any possible tax (including fringe benefits tax) implications related to participating in the Programme or obtaining Points through the Programme.
- SLAPL reserves the right to cancel, change or substitute any reward and specific term and condition of a reward or its redemption at any time with or without prior notice.
- The details of notice for SLAPL are Smart Loyalty Australia Pty Ltd ABN 41 145 369 035, Suite 1.02, Level 1, 83-97 Kippax Street, Surry Hills, NSW 2010; Fax: 1800 177 025: