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Qantas Frequent Flyer Toolbar Terms

Toolbar Terms and Conditions

Effective Date: 11 December 2013

1. Introduction

1.1 Welcome to the Qantas Frequent Flyer Toolbar. By downloading and installing the Qantas Frequent Flyer Toolbar, you agree to be bound by the following Terms.

1.2 These Terms are effective as at the date specified above, and may be amended by Qantas from time to time.

1.3 You can always find the most recent version of these Terms at qantas.com. Qantas may change these Terms from time to time by posting a new version without notice to you. Use of the Toolbar after such change constitutes your acceptance of such changes.

2. Definitions

2.1 In these Terms, unless the context otherwise requires:

"Bing Qantas Frequent Flyer Search Page" means the results page generated as a result of searching through:

(a) the Toolbar; or
(b) the dedicated search tab on your internet browser where you have elected for the Toolbar to automatically select Bing as your default search provider.

"Cap" means a cap on the number of Qantas Points that may be earned by you as a result of Eligible Searches during any particular specified period of time. As at the date of these Terms, the Cap is 150 (one hundred and fifty) Qantas Points per calendar month;

"Eligible Search" means all Searches, other than Excluded Searches;

"Excluded Search" means Searches which are:

(a) generated through:

(i) artificial, forced, mechanical, electronic data mining or similar automatic or automated function, including any 'bot', macro program, internet agent or similar means or device; or

(ii) any fraudulent or other means that is not a genuine instance, as determined by RLO (acting reasonably) or the Web Search Partner, of you submitting a Search; or

(b) conducted in circumstances where you are not logged into the Toolbar as contemplated by clause 6.1;

"Indemnified Parties" means any Qantas Group Company, RLO and the Web Search Partner, and any of their officers, employees, agents and contractors;

"Licence" has the meaning given in clause 3.2 of these terms;

"Member" means a person who is a member of Qantas Frequent Flyer;

"Membership" means membership of Qantas Frequent Flyer;

"Qantas" means Qantas Airways Limited (ABN 16 009 661 901);

"Qantas Group Company" means Qantas or any related body corporate (as that term is defined in the Corporations Act 2001 (Cth)) of Qantas from time to time;

"Qantas Frequent Flyer" means the frequent flyer program of that name operated by a Qantas Group Company;

"Qantas Frequent Flyer Toolbar" has the same meaning as Toolbar (as defined below);

"Qantas Points" means frequent flyer points awarded to Members pursuant to these Terms and the QFFP Terms;

"QFFP Terms" means the terms and conditions of Qantas Frequent Flyer, as amended by Qantas from time to time;

"Results Page" means any web page that displays one or more results of a Search;

"RLO" means FreeCause, Inc. a Delaware corporation doing business as "Rakuten Loyalty" and which is the technology provider for the Toolbar;

"Search" means each instance you use the 'web search' box on the Toolbar or the Bing Qantas Frequent Flyer Search Page to submit a request for content, information or data;

"Terms" means these Terms and Conditions between Qantas and each Toolbar User, including all schedules and attachments, as amended from time to time;

"Toolbar" means the toolbar software designed to work with the web browser installed on a Toolbar User's computer, including any revisions, updates, patches or other modifications;

"Toolbar Data" means all search and web browsing history collected through your use of the Toolbar and Bing Qantas Frequent Flyer Search Page;

"Toolbar User" means a Member who is an end user of the Toolbar;

"Web Search Partner" means Bing, or such other entity from time to time providing web search functionality in respect of the Toolbar; and

"You" refers to you, the Toolbar User who has installed the Toolbar and who has accepted these Terms.

3. Grant of limited use licence

3.1 By installing and/or using the Toolbar, you agree to be bound by these Terms and provide the consents specified in clause 8.

3.2 You may personally use the Toolbar in object code form on a personal computer owned or controlled by you. Subject to your agreement to, and continuing compliance with, these Terms, Qantas hereby grants, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Toolbar in accordance with these Terms (Licence).

3.3 The Licence does not entitle you to receive from Qantas or RLO hard-copy documentation, support, telephone assistance, or enhancements or updates to the Toolbar. Qantas and/or RLO may, at our discretion, publish updates to your Toolbar as a normal part of maintaining the Toolbar and enhancing its content and functionality. You agree that these updates will be delivered to your Toolbar automatically.

3.4 Notwithstanding clause 3.3 above, neither Qantas nor RLO has any obligation to make available to you any subsequent versions or new features of the Toolbar.

3.5 You may uninstall the Toolbar at any time and with no limitations, using the standard uninstall procedures offered with your computer's operating system and/or your internet browser. In general, if you are using a Windows operating system, you may uninstall the Toolbar from your Internet Explorer via the "Add or Remove Programs" feature in your Control Panel; and if you are using Mozilla Firefox as your internet browser, the Toolbar may be uninstalled via the "Tools" menu inside the browser. As the features for browsers and operating systems change from time to time, the foregoing steps may need to change slightly to conform to these changes. Therefore, at the time of your uninstallation, please refer to the standard uninstall procedures offered with your computer's operating system or your internet browser for the latest instructions regarding uninstallation.

4. Restrictions

4.1 You may not:

(a) act in any way which breaches these Terms or the QFFP Terms;

(b) use the Toolbar for any commercial purposes, including without limitation license, sublicense, rent or otherwise distribute the Toolbar;

(c) use the Toolbar in any manner that could damage, disable, overburden or impair our search services or systems (e.g., you may not use the Toolbar in an automated manner) including by way of acting in concert with one or more other users of the Toolbar to result in the same outcome as an automated approach) or in any way to transmit, directly or indirectly, any unsolicited bulk communications;

(d) decompile, reverse engineer, disassemble, modify, adapt, translate, loan, distribute or create derivative works or improvements from the Toolbar or any portion thereof; or

(e) use the Toolbar in any unlawful manner, for any unlawful purpose, including without limitation engaging in any click fraud or other similar conduct to fraudulently or improperly earn Qantas Points via the Toolbar or otherwise. You agree to abide by Australian copyright law and all other applicable laws of Australia and other nations and by any applicable international treaties in connection with the Toolbar.

5. Term and suspension or termination of Terms

5.1 The Toolbar is intended to be used in a manner for you to be able to benefit from Eligible Searches.

5.2 If you commit a material breach of any of these Terms, then Qantas may immediately do any one or more of the following:

(a) suspend or terminate your use of the Toolbar; or

(b) reverse or cancel any or all Qantas Points earned by you as a result of your use of the Toolbar, including the Qantas Points associated with any activity that is in breach of these Terms.

5.3 If Qantas takes action under clause 5.2, it will notify you as to the reason for that action. You will then have 21 days to respond to the notice by rectifying the breach (where possible) and providing any reason why Qantas should not take action, or should reverse the action taken. Qantas will review the response and advise you of its position.

5.4 You agree that none of the Indemnified Parties shall be liable to you or any third party for any loss or claim of any kind arising under or in connection with these Terms, including any termination or suspension of your access to the Toolbar or the services provided thereby and you shall indemnify, hold harmless and defend the Indemnified Parties with respect to any claims or losses due to or arising out of any breach by you of these Terms.

6. Earning Qantas Points for web search activity

6.1 To earn Qantas Points as a result of your use of the Toolbar, at the time of the relevant activity you must be logged into the Toolbar using your Membership number, surname and PIN.

6.2 You may only earn Qantas Points in relation to Eligible Search Activity undertaken by you through the Toolbar. Qantas Points will only be credited to the Membership account of a Toolbar User who:

(a) has conducted an Eligible Search through the Toolbar or the Bing Qantas Frequent Flyer Search Page; and

(b) at the time of the Eligible Search, was logged into the Toolbar as contemplated by clause 6.1.

6.3 Qantas Points will not be awarded in relation to Excluded Searches. Qantas may reverse or cancel any Qantas Points that have been previously awarded in relation to Excluded Searches.

6.4 Subject to compliance by you with these Terms, you will earn 1 (one) Qantas Point for each Eligible Search conducted by you, up to the applicable Cap.

7. Qantas Points validity

Except as otherwise provided in these Terms, all Qantas Points earned by you through your use of the Toolbar in accordance with these Terms (and which have been credited to your Membership account) will be subject to the QFFP Terms in all respects.

8. Personal information

8.1 It is a condition of use of the Toolbar that you consent and authorise RLO to:

(a) collect all Toolbar Data from your use of the Toolbar;

(b) provide all such Toolbar Data to Qantas for use by Qantas in accordance with clause 8.2;

(c) use such Toolbar Data to troubleshoot problems, detect and protect against error, fraud or other criminal activity in respect of the Toolbar, and for the purposes of providing Qantas services relating to the Toolbar; and

(d) identify, and notify Qantas of, Members who are in breach of these Terms and the purposes of providing Qantas services relating to the Toolbar;

(e) to the extent that RLO integrates any data collection process provided for the benefit of Qantas by an approved third party in connection with the Toolbar, sharing such data with such third party; and

(f) using the Toolbar Data in an aggregated, anonymised manner, for market research purposes and to compile and prepare analyses, reports, studies and other similar statistical information.

8.2 Without limiting the QFFP Terms, you consent and authorise Qantas to use your Toolbar Data for the purposes of:

(a) Qantas or any of its related bodies corporate, providing products or services, including the awarding of Qantas Points to Members;

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

(c) Qantas marketing its products or services or the products or services of third parties;

(d) helping Qantas identify other potential business partners and affiliates; and

(e) any third party providing services to Qantas, any of its related bodies corporate or Members in connection with the administration of the Toolbar and Qantas Frequent Flyer.

8.3 Your name, Qantas Frequent Flyer Membership number and the Toolbar Data may be transferred to or from Australia and the United States for the purposes contemplated by this clause 8. In addition, your name and Qantas Frequent Flyer Membership number may be transferred to the Philippines to assist our call centre to assist you with any technical difficulties you may have with the Toolbar.

8.4 On request by you and to the extent permitted or required by law, Qantas will provide you with access to and the ability to correct your personal information held by Qantas. Only the Member named on the account will be entitled to access their Membership information. However, your account information (including Toolbar Data) may be shared with others with or without your knowledge or consent where required by law.

8.5 This clause 8 survives the termination of these Terms and the termination or suspension of Qantas Frequent Flyer.

9. Ownership

All rights to and in the Toolbar, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to RLO and its licencors. Further, RLO holds title to each copy of the Toolbar. The software comprising the Toolbar is protected by United States (and other countries') copyright, trademark, other statutory and common law and international treaties. You agree not to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Toolbar. You do not have the right to and may not create derivative works of the Toolbar. All modifications or enhancements to the Toolbar remain RLO's sole property.

10. Third Party Applications

The Toolbar may be offered to you bundled with another third party software application. Any such third party application is owned or licensed by a third party and these Terms do not apply to your use of such other third party application, regardless of whether the Toolbar and such application came bundled together.

11. Cookies

11.1 Like most websites and toolbar products, Qantas uses cookies and web log files to track your usage of the Toolbar, including Searches that you perform using the Toolbar and Bing Qantas Frequent Flyer Search Page. A cookie is a tiny data file that resides on your computer and allows Qantas to recognise you as a Toolbar User and to provide you with personalised features. Unfortunately, if your browser settings do not allow cookies, you may not be able to obtain full use of the Toolbar. Cookies also help Qantas understand how Toolbar Users use and interact with the Toolbar, which allows Qantas to continually improve our products and services, including Qantas Frequent Flyer. Like the information you enter when logging into the Toolbar, cookie and log file data is used to customise your experience and to provide you with personalised features.

12. Liability

12.1 Qantas acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, for consumers, services come with non-excludable warranties under consumer protection legislation that they will be provided with due care and skill and be reasonably fit for their purpose. Clause 12.2 is not intended to exclude or restrict the application of such laws.

12.2 Subject to clause 12.1, the Indemnified Parties are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with the Toolbar or your use of it, these Terms or Qantas Frequent Flyer, including, without limitation, any changes to the Terms or Qantas Frequent Flyer, save to the extent that such loss or claim arises from the negligence or wilful misconduct of a Qantas Group Company, RLO or any of their officers, employees or agents.

13. Export Controls

The Toolbar and the underlying information and technology may not be downloaded or otherwise exported or re-exported:

(a) into (or to a national or resident of) any country to which the United States has currently embargoed goods; or

(b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

By installing or using the Toolbar, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. You also agree that you will not use the Toolbar for any purposes prohibited by law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

14. General

14.1 These Terms are governed by and will be construed in accordance with the laws of the State of New South Wales, Australia irrespective of where the Toolbar has been installed or used by you. In any action or other legal process with respect to any matter or thing in connection with these Terms, you submit to the non-exclusive jurisdiction of the State of New South Wales.

14.2 Nothing in these Terms affects any rights you may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation.

14.3 If part or all of any clause of these Terms 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 the remaining provisions of these Terms will continue to have full force and effect.

14.4 In the event of any inconsistency between these Terms and the QFFP Terms, the QFFP Terms shall prevail to the extent of the inconsistency.

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Toolbar Collection Statement

In order to verify your identity and allow you to earn Qantas Points through your use of the In order to verify your identity and allow you to earn Qantas Points through your use of the Toolbar, Qantas may disclose your QFF Member Number and Name to the Toolbar provider, FreeCause, Inc., a Delaware corporation doing business as Rakuten Loyalty (RLO). RLO is located in the United States. Additionally, your QFF Member Number and Surname may be disclosed to the Philippines to allow our call centre to assist you with any technical difficulties you may have with the Toolbar.

Qantas cannot ensure your information will be dealt with by those recipients in accordance with the same laws, standards or obligations that are applicable under Australian privacy laws, and by agreeing to the Qantas Frequent Flyer Toolbar Terms and Conditions, you agree to these disclosures.

As part of your use of the Toolbar, Qantas will collect personal information about you including search and web browsing history collected through your use of the Toolbar and Bing Qantas Frequent Flyer Search Page.

We will collect this personal information for the purpose of marketing targeted and relevant products, services and offers we think will be of interest to you. We will also use this information to help us identify other potential business partners and affiliates.

This personal information will not be disclosed to any existing or potential business partners or affiliates. However, we may disclose this information:
• where required or authorised by or under an Australian law or court order or for law enforcement purposes; and
• to anyone to whom you authorise us to disclose it.

The Qantas Privacy Policy contains further details on Qantas' information handling practices, and explains how you may access and request correction of personal information we hold about you, or complain about a breach of the Australian Privacy Principles by Qantas. The Qantas Privacy Policy is available at qantas.com.
qantas.com.