Membership Terms and Conditions

1. Introduction
1.1. We, QWest Rewards Australia Pty Ltd (ACN 684 428 439) (QWest Rewards, we or us), operate a website managing and selling reward club memberships, products and conducting giveaways.

1.2. These Membership Terms and Conditions are incorporated by reference into our Website Terms and Conditions. These Membership Terms are to be read in conjunction with the Website Terms and Conditions, Privacy Policy and any other terms or policies as specified by us and linked in our Services from time to time (collectively, the Terms). For the avoidance of doubt, applicable clauses of the Website Terms and Conditions apply to these Membership Terms, including but not limited to clause 4 (Your warranties and obligations), 23 (Indemnity), 24 (Limitation of Liability), 26 (Dispute Resolution) and 27 (General).

1.3. Any capitalised terms used in these Membership Terms have the meaning defined in the Website Terms and Conditions. If there are any inconsistencies between the Membership Terms and the Website Terms and Conditions, the Membership Terms prevail to the extent of the inconsistency.

1.4. These Terms and Conditions (Membership Terms) apply when you (you or the Customer) purchase and/or sign up for a Membership through our Services (Membership). By purchasing and/or signing up for a Membership through our Services, you agree to be legally bound by these Membership Terms and accept these Membership Terms as a condition of your Membership.

2. Membership Eligibility
2.1. By purchasing or signing up for Membership with us via the Services, you warrant and represent to us that you are at least 18 years of age and are located in Australia. Some Membership benefits, such as certain Partner Offers or trade promotions, may only be available for Members located in specific locations. You acknowledge and agree to carefully check the terms and conditions of such benefits prior to becoming a Member.

2.2. To access and use your Membership benefits, you will be required to register for an account with QWest Rewards by completing the relevant sign up form. You are solely liable for ensuring that your account credentials are secure and that there is no unauthorised access of your account by any third party.

3. Membership Packages and Benefits
3.1. When you purchase a Membership with us, you can select from our Membership Packages set out in the Services (Membership Packages). Each Membership Package contains different benefits and may have different billing cycles or payment methods. Please ensure to carefully read the description of your chosen Membership Package before proceeding.

3.2. When you sign up for or purchase Membership, you become a ‘Member’ of QWest Rewards and may receive access to benefits such as discounts/special offers from 3rd party partners, digital downloads and free entries into trade promotions.

3.3. We make no representations that any specific or all benefits of a Membership will be available to you in your specific circumstances. It is your sole responsibility to check the specific terms of any special offers/discounts or trade promotions that you are being entered into, as they may only be open for Members of specific States/Territories. If any specific Membership benefits are not available to you due to individual terms of that benefit, we are not liable to you and no refund will be offered except as required under Australian Consumer Law.

3.4. We reserve the right to amend any Membership Packages (including their inclusions and prices) or the Services (including any payment methods) by updating the Services. If such amendment affects a Membership Package that you have an ongoing subscription for, we will notify you in writing and if you do not agree to the change, you may notify us that you wish to cancel your Membership within 14 days of such notice. If you do not provide us with such notice to cancel within such time period, you are deemed to have accepted the amendment.

3.5. Trade Promotions

(a) If your Membership includes free entries into QWest Rewards trade promotions, you will receive the number of free entries to the trade promotions/giveaways specified in the Membership Package. The free entries will be either:

(i) entries into the QWest Rewards trade promotions with an active promotional period during the date that your Membership was purchased;

(ii) entries into the specific QWest Rewards trade promotion specified at the time of purchase; or

(iii) if there is no active trade promotion at the time of purchase, entry into the next applicable trade promotion (where possible).

(b) You may notify us at any time in writing if you do not wish to be entered into a trade promotion, prior to the closing date of that trade promotion.

(c) Please note that trade promotions may be limited to residents of certain Australian States or have other eligibility requirements. If you are not eligible to enter a trade promotion, you may not receive entries into that trade promotion, or your entries may not be valid. It is your sole responsibility to check that you meet the eligibility criteria of any trade promotion you are entered into, and to notify us if you do not or no longer meet the eligibility requirements.

(d) By purchasing a package with free entries into a trade promotion/giveaway, you acknowledge and agree that:

(i) it is your sole responsibility to check the terms and conditions of any trade promotion you are entered into on our Trade Promotions page and to notify us in writing prior to the end date of the Trade Promotion, if you do not agree to the terms and conditions; and

(ii) you warrant and represent to us that you agree to the terms and conditions of the trade promotion(s) that you are participating in.

(e) If your Membership is cancelled, any entries into trade promotions that were issued during your Membership period but not yet drawn will still be valid, subject to the terms and conditions of such trade promotion and these Membership Terms.

(f) We reserve the right to amend, suspend or terminate any trade promotion in our sole discretion by providing notice on the Services.

(g) You acknowledge and agree that trade promotions are subject to their own specific terms and conditions as specified with the trade promotion and/or on the trade promotion’s page in the Services.

3.6. Special Draws and Other Benefits

(a) We may, in our sole discretion, offer additional trade promotions or giveaways exclusively for loyal Members from time to time.

(b) We may, in our sole discretion, offer additional entries into eligible QWest Rewards trade promotions/giveaways during a Member’s birthday month, provided that the Member has provided details of their birthday to us as part of their Membership. We reserve the right to request verification of a Member’s birthday at any time. Failure to verify your birthday will result in all entries for that Member being deemed an invalid and potential suspension or termination of Membership.

3.7. Discounts and Special Offers

(a) Your Membership may include access to exclusive and non-exclusive discounts, promotions and special offers (Partner Offers) from our third-party partners (Offer Partners).

(b) You acknowledge and agree that:

(i) your purchase of Membership includes access to Partner Offers, however Partner Offers may change or be removed at any time and we make no guarantee that any specific Partner Offer will be available at all times during your period of Membership;

(ii) your purchase of Membership is not in reliance of the inclusion of any specific or particular Partner Offer or Offer Partner;

(iii) the Partner Offers are provided by Offer Partners which are third party businesses unrelated to QWest Rewards;

(iv) the Partner Offers are solely provided by Offer Partners, and QWest Rewards is not liable for, and does not endorse, the content of any Partner Offers;

(v) the Offer Partner, not QWest Rewards, is the seller or supplier of the Partner Offer and under no circumstance is QWest Rewards acting as an agent of the Offer Partner;

(vi) the Offer Partner is solely responsible for honouring the Partner Offer; and

(vii) we are not liable for, and do not have control over the Partner Offer, Offer Partner, any goods or services provided by the Offer Partner, or any acts, omissions or negligence of the Offer Partner or any privacy practices of the Offer Partner.

(c) You agree that Partner Offers are provided on a confidential basis to you and may only be shared between you, the Offer Partner and QWest Rewards. You agree that you will not, in any circumstance, share any confidential or special code or link that allow for redemption of a Partner Offer by any other party. Any Member that is found to have shared any confidential means of redemption to any other unauthorised party or a public platform is in breach of these Membership Terms and may be immediately terminated from use of the Services.

(d) We reserve the right to change, amend or remove any Partner Offers at any time without notice by updating the Services.

(e) You agree that Partner Offers are subject to their own specific terms and conditions as specified with the Partner Offer, which may include claim periods, blackout periods, expiry dates and maximum claims per person or per transaction. You agree that the Offer Partner has the right to enforce the terms and conditions of the relevant Partner Offer, including rejecting redemption of a Partner Offer if such redemption breaches the terms and conditions of the Partner Offer.

(f) If there is any dispute or issue regarding a Partner Offer or Offer Partner, such dispute must be resolved between you and the Offer Partner. You agree that you will direct any such disputes or issues directly to the Offer Partner.

(g) You acknowledge and agree that Partner Offers are not legal tender and cannot be transferred, redeemed or exchanged for cash. Unless stated otherwise, Partner Offers cannot be used in conjunction with any other offer.

4. Billing types
4.1. You will be required to pay for your Membership Package at the frequency and at the price specified on the Membership Package page and at check out, plus any applicable duties, taxes and bank fees (Fees).

4.2. One-off Payment

If your Membership specifies payment is via ‘One-off Payment’, your chosen payment method will be charged the fixed Fees specified for the Membership Package, and the Membership will be active for the term specified in the Membership Package and end on the last day of the Membership Package.

4.3. Subscription

(a) If your Membership is specified as a ‘Subscription’, your chosen payment method will charged the Fees automatically on a subscription basis based on the billing cycle of your purchased Membership Package. Your subscription will automatically continue unless changed or cancelled through the Services. You can find your Membership details on your Account Settings.

(b) You may request to cancel your Membership for the next billing period any time prior to the end of the then-current billing period. Your Membership will continue to be effective until the end of your then-current billing period and cease at the end of the then-current billing period.

(c) We reserve the right to alter the pricing of a Membership subscription with at least 14 days’ written notice to you. If you do not agree to the price change, you must notify us or cancel through your Account Settings prior to the next billing date, otherwise you will be deemed to have accepted the updated price.

5. Payments
5.1. You must ensure that any payment and billing details you provide to us are kept up to date and accurate.

5.2. If you do not make payment by the due date specified by QWest Rewards, we may charge interest on the overdue amounts at a rate of 12% per annum, accruing daily.

5.3. You are solely responsible for any applicable taxes, duties or other liabilities payable in relation to your purchase of Membership, and you must pay such amounts without deduction or set off at the same time that you pay for the Membership.

6. Termination
6.1. These Membership Terms are effective unless and until terminated under this clause or in accordance with the Terms.

6.2. We reserve the right to reject, withdraw, suspend or cancel (with a pro-rated refund of Fees where applicable) your Membership at any time, in our sole discretion with written notice to you.

6.3. We may immediately suspend, or terminate your Membership or these Membership Terms, if we have reason to believe that:

(a) if you have not made payment to us by the due date for payment;

(b) you have tampered with, or in any way compromised the fairness of the Services and any QWest Rewards trade promotions; or

and any amounts owing to QWest Rewards at the time of such suspension or termination will be immediately due and payable.

6.4. If these Membership Terms are terminated due to your breach or other fault in accordance with clause 20.2 or 20.4 of the Website Terms and Conditions, you agree that you will not be entitled to any refund of Fees.

7. Limitation of liability
7.1. We make no warranties or representations regarding any Offer Partner goods or services or Partner Offers and we are not liable for the provision of such goods, services or Partner Offers. Such goods and services and Partner Offers may be subject to their own applicable terms and conditions and it is your sole responsibility to ensure to read, understand and agree to such terms and conditions.

7.2. To the maximum extent permitted by law, you agree that QWest Rewards, our directors, officers, employees, affiliates, agents or contractors, will not be liable to you or any third party, for any actions, claims, costs, damages, expenses, losses or liabilities, whether direct, indirect, incidental or consequential, and whether based on warranty, contract, tort or otherwise, including lost profits, lost business, loss of anticipated savings, loss of data, opportunity or good will, arising out of or in connection with:

(a) any Offer Partner, their acts or omissions or goods/services provided by the Offer Partner;

(b) any Partner Offer;

(d) your reliance on the provision of any particular Partner Offer or entry/participation in any QWest Rewards trade promotion; or

(e) your entry/participation in any QWest Rewards trade promotion.

7.3. This clause survives termination of these Membership Terms.

8. Contact us
To contact us, please email us at support@qwestrewards.com.au.