1. Member
Agreement
Qantas
Online Community
Member Agreement/Terms and Conditions
These
terms and conditions, together with any additional terms, conditions, notices
and disclaimers displayed elsewhere on the Qantas
Online Community Website ("Terms
of Use") govern your use, participation and access to the Qantas Online Community Website (‘Community’). You must agree to the Terms of Use before you
access or otherwise use or participate in the Community. By using and
participating in the Community, you acknowledge that you have read and
accept these Terms of Use and agree to be bound by, and to act in accordance with
these Terms of Use.
General
The
Community is
operated and administered by C Space Corporation of 290 Congress Street,
7th Floor, Boston Massachusetts 02210, USA (www.cspace.com) (‘C Space’). C Space may not sell or otherwise share your
personal information and may only use the information you provide in order to
assist us in administering and organising feedback
from community members.
Participation
You are
required to participate and interact within the community. This means that you
will need to:
(a) log onto the Community at least
once a week to give us your thoughts about topics under discussion. (You can
plan on spending 5 to 15 minutes per visit.);
(b) participate in Qantas Frequent
Flyer-initiated surveys or conversations each time you login;
(c) be willing to talk with other
community members on a variety of topics;
(d) be willing to receive email
(typically once a week) from a Community facilitator; and
(e) meet any
minimum participation levels that are provided to you each month
Notification of Changes
We may change or revise these Terms of Use from time to
time by updating this posting. Please visit the Terms of Use area each time you
visit the Community to keep up to date with the current terms regarding your
use of the Community. Your use of the Community reaffirms your continuing
agreement to the then-current Terms of Use. Any future changes to these terms
and conditions will be posted in the Community.
Confidentiality
Your
invitation to participate in the Community
is personal and non-transferable. You or anyone in your household or immediate
family cannot be directors, management or employees of Qantas or its
related bodies corporate. You may
not disclose to others any of the information that we disclose to you or any
ideas or information that are generated in the community. Your community member
name and password are for your use only. You may not disclose your password to
any other person.
Assignment
By uploading, transmitting, posting or otherwise making available any Material
via the Community, you:
a) irrevocably
assign to us all existing and future intellectual property and proprietary
rights in the Material (which includes comments, suggestions, graphics, ideas (including
product and advertising ideas), and other information or materials you submit
to us through the Community);
b) warrant
that you have the right to grant the abovementioned assignment;
c) warrant
that the Material does not breach the Terms of Use Conditions; and
d) unconditionally waive all moral rights (as
defined by the Copyright Act 1968) which you may have in respect of the
Material.
This
means that you disclaim any proprietary rights in such submissions, and you
acknowledge our unrestricted right
to use them (or materials or ideas similar to them) in any medium, now and in
the future, without notice, compensation or other obligation to you or any
other person. It also means that with the exception of your personal
information, we have no obligation
to keep your submissions confidential.
You further release and waive all claims against us with respect to any intellectual property or other proprietary rights,
rights of privacy and publicity, rights of attribution, or any other
liability under the applicable laws.
Privacy
To the extent that you also provide us with any of your personally identifiable
information, C Space will only use such information in accordance with the
privacy policies of Qantas and C Space, copies of which is available at http://www.qantas.com.au/travel/airlines/privacy/global/en
and https://www.cspace.com/privacy_en-gb/, and as
set out by Qantas further below.
By
accepting the Terms of Use:
(a) you accept that
C Space and Qantas will collect
any personally identifiable information voluntarily provided by you in respect
of the Community; and
(b) the personally identifiable information
you submit will be directed to a third party site administered and hosted by
third party engaged by C Space.
That third party and C Space will have no right to use any
such information other than uses necessary to fulfill its services to Qantas in
respect of Community;
(c) we may
disclose information about you to C Space for the purposes of
administering and operating the Community.
As stated
above, C Space will collect information about you to be used and disclosed
for the purposes of administering, moderating and otherwise operating the
Community. C Space may disclose the information it collects about you to
us, our other contractors and C Space’s own contractors, who provide it
with services in relation to the Community.
You can
access the information held by C Space and us in accordance with the “Whom
to Contact” section below, by contacting C Space.
Other
than as set out in these Terms of Use and the applicable privacy policies, we
will not disclose your personal information without your consent unless
disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to
enforce the law or necessary to investigate a suspected unlawful activity.
When collecting sensitive personal information (e.g.
ethnicity, income, education, etc.), we are doing so for the purposes of
creating a balanced community reflective of our consumer population or its segments. Such information is
not collected for any discriminatory purposes. You will always retain the right
not to answer any question regarding personal information with which you do not
feel comfortable.
When you
provide personally identifiable information to us, we may ask if you want to
receive future marketing information and communication from us, such as
newsletters, email or other information. You can choose not to receive this
communication, if you wish. To view a full list of the email types you're
currently subscribed to, or to unsubscribe, please log on to Your Profile at
qantas.com. https://www.qantas.com.au/fflyer/dyns/LoginForm.
This personally identifiable
information will only be used for the purposes of sending the weekly community email from your facilitator(s) and for
administering electronic or physical rewards.
Personal information collected in respect of the
Community may be stored or processed in Australia or any other country in which
Qantas or
its subcontractors or agents maintain facilities and by using the site, you
consent to any transfer of information outside of Australia. C Space is a self-certified
member organisation of the
Your personally identifiable information may also be
used to help us track the way you use the Community and our products. We may
also combine the information you provide with information that we collect
separately, including information you have provided to other organisations
(with consent that it can be shared) as well as public information. All of this
information will help us to better understand your needs and how we can improve
our products and services. In order to do this, we may also share your
information with companies who carry out work for us. These companies are
subject to confidentiality agreements and have agreed to only use your
information in the way we tell them and to have procedures in place to protect
the information.
If we share your personally identifiable information
with a company, other than as set out above, we will contact you first and give
you the opportunity to remove your personally identifiable information from our
database unless you have already given your consent to this.
C Space will retain your
personal information securely per the provisions above and will retain your
information for a reasonable period and not longer than allowed by the law.
Whom to Contact
If you do not want your personally identifiable information collected,
please do not submit it to us or the Community. If you have already submitted
this information and would like us to remove it from C Space or Qantas’
records, please contact the community facilitator Christopher Widegren, at cwidegren@cspace.com. If you want to
correct any personally identifiable information that you already submitted,
please contact the community facilitator, Christopher Widegren, at cwidegren@cspace.com.
The
Community cannot be used to address any service related issues that you may
have in respect of Qantas or Qantas Frequent Flyer. To address these issues,
please contact Qantas at http://www.qantas.com.au/fflyer/dyn/program/contacts.
Code of Conduct
You agree not to
upload, post, transmit or otherwise make available (or attempt to upload, post,
transmit or otherwise make available) through the Community any Materials
which:
a) restrict or
inhibit any other user from using the Community, or contain a virus or other
harmful component;
b) is not your original
work, or which in any way violates or infringes (or could reasonably be
expected to violate or infringe) the intellectual property or other rights of
another person;
c)
contains, promotes, or
provides information about unlawful activities or conduct;
d)
are not
appropriate or pertinent to the purpose of the Community or are libelous,
defamatory or offensive. You will agree to abide by the copyrights, trademarks
and other intellectual property and proprietary rights of Qantas;
e) could
reasonably be expected to be, defamatory, obscene, offensive, threatening,
abusive, pornographic, vulgar, profane, indecent or otherwise unlawful,
including Material that racially or religiously vilifies, incites violence or
hatred, or is likely to offend, insult or humiliate others based on race,
religion, ethnicity, gender, age, sexual orientation or any physical or mental
disability;
f)
exploits
another person in any manner;
g)
contains
nudity, excessive violence, or sexual acts or references;
h)
includes
an image or personal information of another person or persons unless you have
their consent;
i)
poses or
creates a privacy or security risk to any person;
j)
you know
or suspect (or ought reasonably to have known or suspected) to be false,
misleading or deceptive;
k)
contains
large amounts of untargeted, unwanted or repetitive content; or
l)
contains financial, legal, medical or other professional
advice.
Furthermore,
you agree to abide by these rules of conduct:
a)
Only
those who are members of the Community may access it.
b)
You or
anyone in your household or immediate family cannot be directors, management or
employees of the Qantas or its related bodies corporate.
c)
Unless
specifically told otherwise, you must keep confidential all information that
Qantas, other community members, and you share with the community.
d)
Qantas
has the right to use the ideas and information that you put forth in the
community.
e)
You agree
not to use behaviour that does not support a safe and
comfortable environment for all members, or to engage in any advertising, promotion,
solicitation or other or commercial activity.
f)
You agree
not to copy or download any material from the community.
g)
You agree
to receive emails from the Community regarding Community Activities.
h)
You understand
that no personal information that you post on this site will be sold, traded,
shared with other organisations, or used for any
purpose other than consumer research, except as described in the Privacy
section of this Member Agreement.
i)
You agree
not to post any of the following: material that advocates illegal activity,
advertising or any form of commercial solicitation, or copyright-protected
files.
j)
We do not
endorse the information posted in the community.
k)
You must
not use the Community in breach of any applicable laws or regulations;
l)
You must
not use the Community (or Material obtained from the Community):
a.
to
transmit (or authorise the transmission of)
"junk mail," "chain letters," unsolicited emails, instant
messaging, "spimming," or "spamming";
b.
to
impersonate any person or entity;
c.
to
solicit money, passwords or personal information from any person;
d.
to harm,
abuse, harass, stalk, threaten or otherwise offend others; or
e.
for any unlawful purpose.
Links to
Third Party Sites
This Community may contain links to, or frame, web sites of third
parties ("external sites").
We are not required to maintain or update the links and may terminate any link
or linking program at any time.
Links to,
or framing of, external sites should not be construed as any endorsement,
approval, recommendation or preference by us of the owners or operators of the
external sites, or for any information, products or services referred to on the
external sites unless expressly indicated on this web site.
We make
no warranties and accept no liability in relation to material contained on
external sites.
No Duty To Monitor
We are not responsible for content
provided by others and are under no obligation to pre-screen content posted
within the Community. However, we reserve the right
(but have no obligation) to:
We are not responsible for, and accept no liability with respect to, any
Material uploaded, posted, transmitted or otherwise made available on the
Community by any person other than us. For the avoidance of doubt, we will not
be taken to have uploaded, posted, transmitted or otherwise made Material
available on the Community simply by facilitating others to post, transmit or
other make Material available. Furthermore, we do not endorse any opinion,
advice or statement made by any person other than us.
Notifying
us
If you think that the Community has
been accessed or used by another user in breach of the Terms of Use, please
email C Space’s representative, Christopher Widegren at cwidegren@cspace.com. We will
consider whether there are grounds for taking any action, but you won't
necessarily be contacted as to our decision.
In
particular, if you wish to send us a copyright infringement notification, you
will need to identify the Material(s) that you believe infringe(s) your
copyright, identify each copyright protected work in which you own the rights
and which you believe has been infringed, identify how each copyright protected
work has been or is being infringed and include your contact information. You
will need to sign the notice and send it to 100 Talcott Ave Watertown,
Massachusetts 02472 USA.
Membership
Your membership in and access to the Community is at our sole discretion
and may be revoked at any time without cause and without notice. However, we
would not ordinarily revoke your membership unless you are in breach of the
Terms of Use. You hereby release us from any and all liability that may arise
in connection with your use of the Community.
Qantas
Frequent Flyer points
We are grateful that you have agreed to join our Community. In appreciation
for sharing your opinions and perspectives, we
would like to offer you, being a Qantas Frequent Flyer member, Qantas Frequent
Flyer points. If you are selected to join the Community, details of this offer
and how to accept it will be posted in the Community. Any Qantas Frequent Flyer
points awarded to you will be subject to the Terms and Conditions of the Qantas
Frequent Flyer program. See qantas.com for further information.
Disclaimers
Except
where to do so would cause any part of these Terms of Use to be illegal, void
or unenforceable, Qantas:
- excludes all conditions and
warranties implied into these Terms of Use;
- to the fullest extent permitted
by applicable law, is not liable to you or anyone else for any loss or damage,
however caused (including negligence), which may be directly or indirectly
suffered, in connection with use of the Community; and
- excludes liability (whether that
liability arises under contract, tort (including negligence) or statute) for
any special, indirect or consequential loss or damage (including without
limitation loss of revenue and loss of, or damage to, data) suffered or
incurred in connection with the Community.
Without
limiting the general disclaimer, Qantas:
- makes no warranty as to the
completeness or accuracy of any material or as to its merchantability or
fitness for a particular purpose. Qantas is not liable to you or anyone else if
errors occur in the information on the Community or if that information is not
up-to-date;
- will not be liable for
disruptions to the Community; and
- is not liable to you or anyone else
if interference with or damage to your computer systems occurs in connection
with use of the Community or an external website. You must take your own
precautions to ensure that whatever you select for use from these web sites is
free of viruses or anything else that may interfere with or damage the
operation of your computer systems.
Indemnity
You agree to fully indemnify and hold Qantas harmless against any expenses,
costs, loss (including consequential loss) or damage that we may suffer or
incur as a result of or in connection with your use of, access to or conduct
and participation in connection with the Community, including any breach by you
of the Terms of Use or as a result of any
claim for our use of any information you provide through the community that was
proprietary, confidential or protected by the laws of any jurisdiction.
You further release and waive all claims against us with respect to any intellectual property or other proprietary rights,
rights of privacy and publicity, rights of attribution, or any other
liability under the applicable laws. You agree to indemnify and hold us
harmless from all claims, actions, damages,
costs, judgments, penalties or expenses of any kind whatsoever (including
reasonable solicitors' fees except as provided herein), which may be obtained
against, suffered by, or imposed upon us and/or our officers, directors, agents or affiliates as a result of any
claim for our use of any information you provide through the community that was
proprietary, confidential or protected by the laws of any jurisdiction.
Applicable
law
These Conditions shall be construed in accordance with and governed by the laws
of
Affirmation
regarding age
By using the Community, you affirm that you are 18
years or over or otherwise possess legal parental or guardian consent.
Definitions
In these Terms of Use:
"Terms of Use" means these terms and
conditions, together with any additional terms, conditions, notices and
disclaimers displayed elsewhere on the Community.
"
"Material" means text, illustrations,
photos, audio, video, any combination of these or other material and includes
any comments, suggestions, graphics, ideas (including product and advertising
ideas).
"Us," "we" or "our"
means Qantas Airways Limited (ABN 16 009 661 901) and/or its related bodies
corporate.