Terms and Conditions
Qantas Learning Hub Site Terms and Conditions
Terms and Conditions relating to use by travel agents of the Qantas Learning Hub Site.
A. Permission to use the Site is conditional upon you, the Agent, agreeing to the terms and conditions of use set out below (‘Conditions’). Do not proceed until you have read and accepted all of these Conditions and wish to become licensed to use the Site. Acceptance will bind you and all your Staff to the Conditions.
B. When you click the Accept button at registration, you will be deemed to have accepted the Conditions. If you do not wish to accept the Conditions, click on the Do not accept button and return any Documentation to Qantas.
C. If Qantas accepts your application to use the Qantas Learning Hub Site, Qantas will grant you access to the Qantas Learning Hub Site and notify you by email of the success of the application.
A. ‘Agent’ means the travel agent entity whose application for registration has been accepted by Qantas (whether in whole or in part).
B. ‘Documentation’ means any documentation supplied with the Site.
C. ‘Qantas’ means Qantas Airways Limited (ABN 16 009 661 901).
D.‘Qantas Authorised Agent’ means an Agent who has been notified that its application to use the Qantas Site has been successful.
E. ‘Qantas Group Companies’ means Qantas and each of its related bodies corporate (as defined in the Corporations Act 2001).
F. ‘QantasLink’ means the subsidiaries of Qantas operating domestically in Australia as ‘QantasLink’.
G.‘Site’ means that part of the Qantas Learning Hub Sales web site at learninghub.qantas.com which the Agent has been granted access to through the registration process.
H. ‘Staff’ means officers, employees, contractors, subcontractors and agents.
I.‘Term’ has the meaning given to it in clause 10.1.
A. Qantas grants to the Agent a non-exclusive licence to use the Site, and use any Documentation to the extent required to make and service those bookings (‘Licence’).
B. The Agent acknowledges that the Licence is not exclusive to it, and that any of the Qantas Group Companies may license any person, including the Agent’s competitors, to use the Site.
C. The Licence terminates automatically on termination of these Conditions.
D. In making bookings on the Site and using any Documentation, the Agent is acting as the agent of Qantas and QantasLink(as the case may be).
4. Agent’s obligations
The Agent must:
A. Hold a current travel agency licence with the relevant industry body throughout the Term and notify Qantas immediately if such licence is revoked, cancelled or not renewed;
B. Not copy, reproduce, translate, adapt, vary or modify the Site or Documentation without the express written consent of Qantas, except as expressly authorised by these Conditions;
C. Complete, update and maintain all registration details;
D. Supervise and control the use of the Site and Documentation in accordance with these Conditions;
E. Ensure its Staff who have authorised access to the Site and Documentation are made aware of, and comply with, these Conditions;
F. Ensure its Staff receive adequate training in the use of the Site;
G. Not provide or otherwise make available the Site or Documentation in any form to any person except as expressly authorised by these Conditions;
H. Ensure all information supplied to Qantas is accurate and immediately notify Qantas of any change to such information;
I. Update user profiles without delay;
J. Take all steps necessary to ensure that access to the Site is restricted to those Agent Staff who are authorised to access the Site, including without limitation, keeping logons and passwords secure;
K. Ensure that passwords and agency profiles are updated to prevent access by Agent Staff who are no longer authorised to access the Site;
L. Not allow customers of the Agent direct access to the Site;
M. Not create any hyperlink from the Agent’s web site to the Site unless the parties have otherwise agreed in writing.
Failure to comply with the above obligations may result in Qantas removing the Agent’s or Agent Staff’s access to the Site.
5. Intellectual Property Rights
A. The Agent acknowledges that it does not acquire any intellectual property rights in the Site and Documentation except for those rights expressly set out in these Conditions.
B. The Agent must not during or any time after the expiry or termination of these Conditions permit any act which infringes the intellectual property rights in the Site and, without limiting the generality of the foregoing, the Agent specifically acknowledges that it may not copy the Site or Documentation except as otherwise expressly authorised by these Conditions.
C. The Agent must obtain the prior written consent of Qantas to the use of the Qantas name or logo or any other intellectual property of any Qantas Group Company in any material, including without limitation any material on the Agent’s web site.
6. Term and Termination
A. These Conditions commence upon acceptance by the Agent (as detailed above under the heading “Acceptance”) and continue until terminated in accordance with these Conditions (‘Term’).
B.These Conditions may be terminated:
- by either party at any time upon 30 days written notice to the other party; and
- by Qantas immediately if the Agent:
- fails to pay any amount due to Qantas pursuant to these Conditions;
- is in breach of any of these Conditions;
- has its travel agency licence cancelled or revoked, or it otherwise expires or lapses;
- disposes of the whole or any part of its assets, operations or business other than in the normal course of business;
- ceases to be able to pay its debts as they become due;
- ceases to carry on business;
- being a corporation, becomes the subject of insolvency proceedings, or has an administrator, a liquidator or receiver and/or manager or other like person appointed over any of its assets;
- being a firm or partnership, becomes the subject of an event of bankruptcy or is dissolved; or
- damages the Site or Documentation.
C. Upon termination, the Agent must not access the Site and must destroy any remaining copies of the Documentation or otherwise return or dispose of the Documentation in the manner directed by Qantas.
D. Termination of these Conditions will not affect any rights or remedies that Qantas may have otherwise under these Conditions or at law.
A. Cookies are small pieces of data stored on the web browser on your computer. Any web server may:
- store one or more cookies in your browser; or
- request your browser to transmit this data back to the web server; or
- request your browser to transmit a cookie which has been stored on your browser by another site within the same internet domain. For example Cookies
B. The Site may store cookies on your web browser or PC in order to improve service for you on your subsequent visits to the Site.
C. By using cookies, web sites can track information about visitors’ usage of the site, providing customised content, or even the use of password protection. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser at any time and remove any that you do not want.
8. Use of Personal Information and Confidential Information
A. The Agent acknowledges that it does not acquire any ownership of the data entered via the Site.
B. The Agent must comply with the Privacy Act 1988 (Cth), all other applicable privacy legislation, and similar regulatory bodies, and all reasonable directions of Qantas relating to personal information referred to in clause 11.3.
C. Agent must ensure that a copy of the Qantas Privacy Notice is made available to all customers before (or, if that is not practicable, as soon as practicable after) the Agent or its Staff collects personal information about an individual in connection with a product or service supplied by Qantas or any other Qantas Group Company.
D. The Agent must not, directly or indirectly use personal information collected in connection with these Conditions except to the extent necessary to exercise its rights or perform its obligations under these Conditions.
E. The Agent acknowledges that the information contained in the Site and Documentation is confidential (‘Confidential Information‘). The Agent must take all reasonable steps to safeguard Qantas’ rights of ownership and confidentiality of the Site and Documentation.
F. The Agent must not disclose any Confidential Information to any person unless required by law to do so or with the prior written consent of Qantas.
G. On termination of these Conditions, or earlier on reasonable request by Qantas, the Agent must promptly return to Qantas or destroy any or all copies of Confidential Information, in which case any right to use, copy and disclose that Confidential Information ceases.
H. It is a condition of registration that an Agent consents and authorises Qantas to collect, use and disclose the information on their registration form and other information that Qantas collects in relation to the Agent for the purposes described in this clause, and disclose such information to the Qantas Group and other organisations (including related bodies corporate, agents and contractors) for the purposes of:
(i) Qantas or any of its related bodies corporate, providing products or services;
(ii) Qantas or any of its related bodies corporate improving customer service or the Learning Hub Site, including by means of research, marketing, product development and planning;
(iii) Qantas marketing its products or services or the products or services of third parties via email and/or SMS; and
(iv) any third party providing services to Qantas, any of its related bodies corporate or Members in connection with the administration of the Learning Hub.
This information may be transferred to or from Australia for these purposes. If all or any part of the requested information is not provided by the Agent, the services provided to that Agent by Qantas may be affected.
A. Qantas Group Companies will not be responsible for any delay or failure in performance resulting from anything outside its reasonable control, including without limitation delays or failures caused by third parties.
B. The Licence or these Conditions may not be dealt with in any way by the Agent (whether by novation, assignment, sub-licensing or otherwise) without Qantas’ prior written consent.
C. Failure or neglect by either party to enforce at any time any of the provisions of these Conditions will not be construed or deemed to be a waiver of that party’s rights under these Conditions.
D. Nothing in these Conditions gives rise to any relationship of joint venture, partnership or employer and employee between any Qantas Group Company and the Agent or between a Qantas Group Company and any Staff of the Agent.
E. The Agent must comply with all laws and regulations and any Qantas instructions or directions relating to or connected in any way to the provision of travel services (including without limitation the Privacy Act 1988 and the Australian Competition and Consumer Act 2010).
F. The carriage of passengers, baggage and cargo by air is subject to the Conditions of Carriage and regulations of the relevant carrier. Copies of these are available on Qantas.com.
G. Qantas may make changes to the Site without notice to you. Qantas may make changes to these Conditions from time to time. Updated Conditions will be placed on the Site and Qantas may give you notice of those changes (including by e-mail).
H. These Conditions are governed by and construed according to the law of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
I. A party notifying or giving notice under these Conditions must give notice in writing and sent to the e-mail or postal address of the other party as notified by the other party from time to time. The Agent’s address for notices will be as stated on the registration form unless otherwise notified. Such a notice is received if left at the recipient’s address, on the date of delivery, if sent by prepaid post, three days after the date of posting or if sent by e-mail, immediately provided there is no error in transmission.
J. These Conditions:
- constitute the entire agreement between the parties as to its subject matter; and
- in relation to that subject matter, supersede any prior understanding or agreement between the parties, except if the Agent has a separate written agreement in relation to override commission, in which case, the terms of that agreement will also apply. If there is any inconsistency between the terms of such override agreement and these Conditions, the terms of that override agreement apply to the extent of the inconsistency.