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Membership Rewards Spirit (Effective 1st September 2004)

1. Definitions

In these terms and conditions, the following definitions apply:

Amex, we, our, us - American Express Australia Limited (ABN 92 108 952 085).

Basic Cardmember - the individual in whose name an American Express Qantas Business Card Account is opened for a business or other organisation.

Card - the American Express Qantas Business Card or the American Express Qantas Corporate Card.

Card Account - the account of a company or other organisation on which Amex issues the American Express Qantas Business Card or the American Express Qantas Corporate Card, including permitted supplementary and additional Cardmembers.

Cardmember, you or your - an individual holder of an American Express Qantas Corporate or Business Card, whose name is embossed on the front of the Card.

Company - the company or organisation in whose name an American Express Qantas Corporate Card Account is opened.

Enrolment Date - the date on which Amex enrols a Cardmember in the Program.

Enrolment Year - the twelve-month period commencing on the Enrolment Date and each successive twelve-month period thereafter.

Frequent Traveller Program - the Qantas Frequent Flyer Program or a participating hotel's frequent guest program.

Frequent Traveller Rewards - rewards obtained by converting Points to Frequent Traveller Programs.

Non-Frequent Traveller Rewards - all rewards provided through the Program other than Frequent Traveller Rewards including merchandise, vouchers, and such other rewards that may be added from time to time.

Points - Rewards Points earned under the Program

Primary Card Account - the Card Account designated by Amex as such, and for which the statement is issued and to which the annual fee is billed.

Program - The American Express Rewards Spirit Program which is operated by Amex for the American Express Qantas Corporate Card or the American Express Qantas Business Card.

Program Account - Your account with Amex on which you earn Points under the Program in accordance with these Terms and Conditions.

Program Administrator - The authorised representative of a Company for the purpose of the Program.

Rewards - Frequent Traveller and non-Frequent Traveller Rewards.

2. Eligibility and Enrolment
2.1 Participation in the Program is open to American Express Qantas Corporate Cardmembers and American Express Qantas Business Cardmembers, in each case subject to the approval of Amex.
2.2 You may not have more than one Program Account at any time. Only individual Cardmembers, not companies, may participate in the Program. Pooling of Points between Cardmembers is not permitted. A Cardmember may not pool or combine Points earned in the Program with Points earned in other American Express Membership Rewards® accounts.
2.3 Only Cardmembers of Card Accounts in good standing (eg with no overdue payments) are eligible to participate in the Program.

3. Fees

The relevant annual fee, as specified in the Schedule of Fees or as notified from time to time by Amex, will be billed to the Cardmember on the Enrolment Date and automatically annually thereafter. The fee is non-refundable on cancellation of the Program Account or Card Account.

4. Points Accrual

4.1 Each Cardmember enrolled in the Program will earn one Point in his or her Program Account for every one Australian dollar (A$1.00) charged with the Card, except for the following types of charges:
(a) Charges incurred before the Enrolment Date or charges prepaid before the first billing statement for that Card Account following the Enrolment Date;
(b) Express Cash, Corporate Cash and other cash services;
(c) American Express Travellers Cheque and Gift Cheque purchases;
(d) Charges for dishonoured cheques;
(e) Interest charges;
(f) Joining, annual Card fees and Program Fees;
(g) Late payment charges;
(h) Charges for excluded Amex promotional offers; or
(i) Charges for which Amex does not receive payment in full for any reason.

4.2 Where credits are posted to a Card Account because of returned goods or services, the settlement of billing disputes or otherwise, Amex is entitled to cancel Points previously credited to a Program Account in respect of such items.
4.3 Points accrued in a Program Account are not the property of the Cardmember and are non-transferable, whether by operation of law or otherwise, either to any other person or entity or Program Account, except for Rewards in accordance with these Terms and Conditions.
4.4 Points accrued in the Program Account have no monetary value.
4.5 Points accrued in a Program Account for any given Enrolment Year will be carried forward on the Enrolment Date anniversary, only if the Cardmember has fully complied with these Terms and Conditions.

5. Points Expiration

5.1 There is no expiry date for Points earned by Cardmembers while participating in the Program as long as you are a Cardmember of American Express, you are enrolled in the Program and all your Card Accounts or other accounts for American Express card products with Amex are kept in good standing. However, Amex reserves the right to institute an expiry date for Points, or any category of Points, at any time after the Enrolment Date, whether Points have already been accrued or accrue thereafter.
5.2 Subject to these Terms and Conditions, if a Cardmember cancels enrolment, unused Points may be redeemed for up to thirty days after the date of cancellation.

6. Notice and Accumulated Points

Amex will notify the Cardmember in his or her monthly Card statement for the Primary Card Account of the Points accrued in the Program Account.

7. Redeeming Non-Frequent Traveller Rewards

7.1 You may convert or redeem Points for Non-Frequent Traveller Rewards provided the Card Account and all your accounts with Amex are in good standing.
7.2 In the case of the American Express Qantas Business Card, Points may be redeemed for Non-Frequent Traveller Rewards by any additional or supplementary Cardmember(s) and/or other third parties only where prior written authorisation has been received by Amex from the Basic Cardmember.
7.3 Cardmembers can purchase Points with the redemption of any Non-Frequent Traveller Reward. Points can be purchased in multiples of 1,000 Points for $22.00 (GST inclusive) per 1,000 Points. The cost of Points will be billed directly to the Card Account. Points cannot be purchased and transferred or converted to a Frequent Traveller Program.
7.4 All Rewards are subject to availability and restrictions may apply.
7.5 Amex is not liable for goods or services obtained by Cardmembers as Rewards, as it is not the supplier of such goods or services. By redeeming a Reward, the Cardmember releases Amex, its subsidiaries and affiliates from any and all liability in respect of the redemption or use of such Reward or other participation in the Program.
7.6 Any dispute concerning goods or services received as a Reward shall be settled between the Cardmember and the merchant and/or supplier, which supplied the goods or services. Amex is not responsible for resolving such disputes, or for the dispute itself.
7.7 Amex is not responsible for lost or stolen Rewards, Reward certificates, vouchers or tickets.
7.8 Redeemed Rewards and Reward certificates are not exchangeable for other Rewards, refundable, replaceable, or transferable for cash or credit under any circumstances.
7.9 Amex reserves the right in its sole discretion to cancel, change, suspend or substitute Non-Frequent Traveller Rewards or their conditions at any time with or without notice.

8. Redeeming Points for Credit on the Card

8.1 A Basic Cardmember enrolled in Membership Rewards Spirit may convert or transfer Points for Frequent Traveller Rewards, provided the Card Account and all your accounts with Amex are in good standing. The Cardmember may convert Points into any one or more participating Frequent Traveller Program(s) in his/her name only. Once Points are redeemed for Frequent Traveller Rewards, they will not be converted back to Points.
8.2 To convert accrued Points to any participating Frequent Traveller Program the Cardmember must first join or be a member of the applicable program. Enrolment in such programs is the Cardmember's responsibility. A fee may apply.
8.3 Points may be transferred to a participating Frequent Traveller Program. A minimum number applies, as outlined in the following table:

Frequent Traveller Program Points
Qantas Frequent Flyer 500 points
Hotel Rewards Programs 1000 points

Points may only be transferred in multiples of Points, which will enable a whole number of the selected Frequent Traveller Program points to be received. The transfer of Points will be administered solely by Amex and will be processed as soon as practicable.
8.4 Cardmembers must comply with the terms and conditions of the participating Frequent Traveller Programs in which they are enrolled, and those terms and conditions shall also govern points after conversion to such Frequent Traveller Programs.
8.5 The conversion rates for Points into participating Frequent Traveller Programs may vary among those programs.
8.6 Amex assumes no responsibility for points converted from a Program Account into a participating Frequent Traveller Program or for the actions of any participating supplier of Rewards in connection with its Frequent Traveller Program or otherwise.
8.7 Frequent Traveller Rewards are subject to change or termination with or without notice.
8.8 Amex Card travel insurance and benefits, for which Cardmembers are not required to enrol or pay a specific premium, will not apply to or cover flights taken with tickets issued from a Frequent Traveller Program, including tickets obtained by using points converted from a Program Account, including but not limited to the following:
• Travel Accident Insurance, Business Travel Accident Insurance and Travel Wise Travel Insurance.
However, this does not apply to Cardmember insurance and travel benefit programs which require the Cardmember to enrol and pay a specific premium.Whether or not these programs cover flights taken with tickets issued from a Frequent Traveller Program depend in each case on the terms and conditions of the applicable insurance policy, including any applicable limitations and exclusions.
8.9 An urgent (within 24 hours) Transfer Fee applies for urgent transfer requests to Frequent Traveller Programs, as outlined in the Schedule of Fees. Acceptance of a Points transfer is subject to the Terms and Conditions of the Frequent Traveller Program.
8.10 Amex reserves the right in its sole discretion to change, suspend or substitute Frequent Traveller Rewards or their conditions at any time with or without notice.

9. Program Account

9.1 If any Card Accounts held by the Cardmember or any company or organisation represented by the Cardmember with Amex are not in good standing, the Cardmember's enrolment in the Program may be cancelled or Points accrued in the Program Account may be forfeited. A Cardmember's enrolment in the Program may also be cancelled or Points accrued may be forfeited due to the Cardmember's failure to adhere to the Terms and Conditions governing the Card Account or the Program. Enrolment of Corporate Cardmembers may be cancelled by the Company's Program Administrator, in which case Points accrued will also be forfeited.
9.2 If a Card Account is in default or cancelled, any Points accrued in the related Program Accounts will be forfeited and will not be capable of conversion or redemption.

10. Privacy and Personal Information

10.1 The American Express Privacy Policy Statement sets out policies on management of personal information. In accordance with the Privacy Act, you can access personal information about you held by American Express Australia Limited and advise if you think it is inaccurate, incomplete or out-of-date.
10.2 To arrange access to personal information about you, request a copy of the American Express Privacy Policy Statement or enquire generally about privacy matters, write to- The Privacy Officer, American Express Australia Limited, 175 Liverpool Street, GPO Box 1582, Sydney NSW 2001.
10.3 In this section ‘personal information' means information about you, including about your financial circumstances and your use of the Program.
10.4 You agree that, subject to the Privacy Act 1988 (Cth), we and our agents may do any of the following:
Partners. Provide personal information to Frequent Traveller Reward suppliers, Non-Frequent Traveller Reward suppliers, their agents, affiliates and related companies for their use for the purposes of supplying Rewards and for marketing, planning, product development and administration of the Program and seek from and exchange with such organisations personal information about you.
Marketing lists. Use personal information for marketing purposes. This includes putting your name and contact details on marketing lists for the purpose of offering you goods or services of an American Express company or of any third party, by mail, email or telephone or having our related companies do so directly. Please call us on 1300 558 891 if you wish us to remove your name from our marketing lists.
Our service providers. Transfer personal information confidentially to our related companies and other organisations' that issue or service the Program, subject to appropriate conditions of confidentiality. This includes transferring personal information to the United States or other countries for data processing and servicing.
Call monitoring. Monitor and record our telephone conversations with you from time to time in order to train your staff and control service quality.

11. General

11.1 Amex assumes no responsibility for any claims, loss or damage of whatever nature resulting from the redemption of either Frequent Traveller Rewards or Non-Frequent Traveller Rewards.
11.2 Amex can suspend or terminate the Program at any time it deems appropriate. In such a case, Amex shall give you advance written notice.
11.3 Amex reserves the right to change the Program Terms and Conditions at any time including, but not limited to, annual fees, Points conversion rates and redemption rates.
11.4 Fraud and abuse relating to the earning of Points in the Program or redemption of Rewards including transfer of Points to participating Frequent Traveller Programs, may result in forfeiture of accrued Points as well as cancellation of the Program Account.
11.5 The Cardmember is solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Program, the Cardmember's participation in the Program, any Points acquired or converted or any other transaction within the Program.
11.6 All questions or disputes regarding eligibility for the Program or the eligibility of Points for accrual or redemption of rewards including transfer of Points to a participating Frequent Traveller Program, will be resolved by Amex at its sole discretion. Any such questions or disputes must be brought to our attention within 12 months. Additionally, any Points disputes must be raised within 12 months from when the Points are first credited to or deducted from the Program Account.
11.7 The Program Account is not transferable.
11.8 Amex's failure to enforce a particular term or condition does not constitute a waiver of that term or condition by Amex.
11.9 These Terms and Conditions are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the the Courts of New South Wales.

Schedule of Fees (GST inclusive)
Membership Rewards Spirit Annual Fees
American Express Qantas Corporate Card $89 or 13,350 Points deduction
American Express Qantas Business Card $59
Urgent Transfer Fee
For urgent transfer requests (within 24 hours) to Frequent Traveller Programs $22 per transfer

For correspondence
American Express Australia Limited
Membership Rewards Spirit
GPO Box 240
Sydney NSW 2001.

American Express Australia Limited ABN 92 108 952 085. Incorporated with limited liability in Delaware, USA.

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