1. Introduction

1.1 These Terms and Conditions:

(a) apply to and govern the contractual relationship between Closed Loop and each Member with respect to the Simply Cups Rewards Program made available by Closed Loop as a participant in the Qantas Business Rewards Program;

(b) are effective as at the date specified below and may be amended from time to time; and

(c) operate in conjunction with the Qantas Business Rewards Program Terms and Conditions (available at www.qantasbusinessrewards.com) and in the event of any inconsistency or conflict the Qantas Business Rewards Program Terms and Conditions prevail.

 

1.2 A copy of the most recent version of these Terms and Conditions are available at www.simplycups.com.au . It is the Member’s responsibility to read and understand them and keep up to date with any changes. Any queries regarding these Terms and Conditions should be directed to Closed Loop.

 

2. Definitions

2.1 Unless the context otherwise requires:

(a) terms used in the Qantas Business Rewards Program Terms and Conditions and the QFF Program Terms have the same meaning in these Terms and Conditions; and

(b) the following terms have the following meanings in these Terms and Conditions.

Eligible Products means the Products set out in clause 11.

Closed Loop means Closed Loop Environmental Solutions Pty Ltd (ABN 53 098 066 347) of Level 1, 40 Albert Road, South Melbourne, VIC 3205 (trading as Closed Loop and/or Simply Cups)

Qantas Business Rewards means the loyalty program described in the Qantas Business Rewards Program Terms and Conditions;

Qantas Business Rewards Program Terms and Conditions means the “Qantas Business Rewards Program Terms and Conditions” available at www.qantasbusinessrewards.com;

Program Partner as referred to in the Qantas Business Rewards Program Terms and Conditions means, for the purposes of these Terms and Conditions, Closed Loop;

Simply Cups Reward Program means, for the purposes of these Terms and Conditions, the Rewards Scheme operated by Closed Loop pursuant to these Terms & Conditions.

these Terms and Conditions means these Simply Cups Rewards Program Terms and Conditions which are administered by Closed Loop.

 

2.2 In these Terms and Conditions, unless the contrary intention appears:

(a) the singular includes the plural and vice versa; and

(b) a reference to ‘include’ or ‘including’ means ‘including but not limited to’.

 

3. Application of Simply Cups Rewards Program Terms and Conditions

By claiming any Qantas Business Rewards Benefit under the Simply Cups Rewards Program, a Member agrees to be bound by the current version of these Terms and Conditions in addition to the Qantas Business Rewards Program Terms and Conditions.

 

4. Changes to Simply Cups Rewards Program

4.1 Subject to clause 4.2 and the these Terms and Conditions, Closed Loop may make any changes (whether material or otherwise) to these Terms and Conditions and the Qantas Points offered in relation to Eligible Products, including changes to:

(a) the ways and rate at which Qantas Points are earned under the Simply Cups Rewards Program;

(b) Eligible Products; and

(c) restrictions, conditions and eligibility to earn Qantas Points under the Simply Cups Rewards Program.

4.2 Closed Loop will inform Members of material changes to these Terms and Conditions. Where such changes will reduce the number of Qantas Points offered to Members under the Simply Cups Rewards Program, Closed Loop will, if possible, give Members at least 30 days’ notice.

 

4.3 Without limiting clause 4.1 in any way, Members will be taken to have received the notice referred to in clause 4.2 if Closed Loop or Qantas Business Rewards notifies Members of the change by sending an email to the email address in the Membership Account.

 

5. Termination or suspension of the Reward Scheme

5.1 Closed Loop gives no undertaking as to the continuing availability of the Simply Cups Rewards Program. Closed Loop may terminate or suspend the Simply Cups Rewards Program at any time. Closed Loop will use its best efforts to give at least 60 days’ notice to Members of such termination or suspension, except if the Qantas Business Rewards Program ceases to operate, in which case the Simply Cups Rewards Program will also cease immediately.

 

5.2 If Closed Loop terminates or suspends the Simply Cups Rewards Program, then subject to the Qantas Business Rewards Program Terms and Conditions, Members will be able to transfer Qantas Points during the notice period, except where:

(a) Qantas is ceasing to operate an airline business and/or has gone into liquidation, receivership or other form of administration; and/or

(b) Closed Loop ceases to operate its business and/or has gone into liquidation, receivership or other form of administration,

in which case Qantas Points in Qantas Business Rewards may be cancelled without notice.

 

6. Earning Qantas Business Rewards Benefits

6.1 Subject to the exclusions, limitations and other conditions specified in this clause 6, Closed Loop will award Qantas Business Rewards Benefits to Members at the rate specified in Clause 11, or in any special offer, for Eligible Products paid for by the Member for the Member’s business related purposes.

 

6.2 No Qantas Business Rewards Benefits will be awarded if the Eligible Product is cancelled, refunded or returned.

 

6.3 Members are not entitled to claim Qantas Business Rewards  Benefits under the Simply Cups Rewards Program for:

(a) Any products or services not listed as Eligible Products in clause 11 (including coffee cup lids)

(b) Any Simply Cups products not purchased directly from Closed Loop (such as those purchased from a distributor);

(c) Delivery, freight or other administrative fees or charges;

(d) Any product added to this list pursuant to clause 4.1 of these Terms and Conditions

 

6.4 To earn Qantas Business Rewards Benefits in relation to an Eligible Product, the Member must quote its ABN and at the time of purchasing an Eligible Product and must comply with any other requirements or procedures noted by Closed Loop prior to the purchase.

 

6.5 It is the responsibility of the Member to check whether a product or other activity is eligible to earn Qantas Business Rewards Benefits, and if so how many Qantas Points or which other Qantas Business Rewards Benefits will be earned, before making a purchase or undertaking the relevant activity.

 

6.6 Members must provide Closed Loop on request with documented evidence of the purchase of an Eligible Product. Closed Loop reserves the right to deny or revoke the crediting of Qantas Points at any time if Closed Loop determines that Qantas Points were improperly obtained or erroneously credited to a Member’s Membership Account.

 

6.7 Unless otherwise agreed in writing by Closed Loop, Members are not eligible to earn Qantas Points in the Simply Cups Rewards Program if they:

(a) have their principal place of business outside Australia; or

(b) have not complied with Closed Loop’s payment terms in relation to payment for Eligible Products.

(c) are a large business (over 200 employees)

 

6.8 Closed Loop may offer additional opportunities to earn Qantas Points in Qantas Business Rewards under a special promotion from time to time, in which case the terms and conditions referred to in the promotion will apply in addition to these Terms and Conditions.

 

7. Crediting Qantas Points in Qantas Business Rewards

7.1 Closed Loop will endeavour to instruct Qantas Business Rewards to credit the applicable number of Qantas Points to the Membership Account within 38 days after the purchase of an Eligible Product. It is the responsibility of the Member to check that the correct number of Qantas Points has accumulated in the Membership Account.

 

7.2 Claims for the crediting of Qantas Points retrospectively must be made by the Member to Closed Loop within 90 days after the purchase of an Eligible Product. Unless otherwise specified by Qantas Business Rewards, claims for the crediting of Qantas Points cannot be made if the Membership is not current or if the Membership Account was not active at the time the Eligible Product was purchased.

 

8. Suspension or termination of a Member or Qantas Points in Qantas Business Rewards

8.1 Closed Loop reserves the right to terminate a Member’s participation in the Simply Cups Rewards Program or withhold or cancel Qantas Points claimed under the Simply Cups Rewards Program if a Member or any of the Member’s representatives has attempted to claim Qantas Points under the Simply Cups Rewards Program to which they were not entitled.

8.2 Closed Loop and Qantas Business Rewards will not be liable for any loss or damage whatsoever suffered by any person as a result of such withholding or cancellation and the Member is responsible for ensuring that its nominated Qantas Points Recipients are notified of this.

 

9. Personal Information

9.1 The Member consents for Closed Loop to disclose the personal information of the Member to Qantas for the purposes of administering the Simply Cups Rewards Program.

 

9.2 Closed Loop will ensure that any personal information received in connection with the Simply Cups Rewards Program will be collected, used and disclosed in accordance with Closed Loop’s Privacy Policy which is available at http://www.closedloop.com.au/privacy-policy

 

10. Taxation Implications

10.1 Closed Loop recommends that Members and their nominated Qantas Points Recipients consult their accountant or tax adviser to ensure that they understand possible tax (including fringe benefits tax) implications, if any, related to their earning and use of Qantas Points under the Simply Cups Rewards Program.

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11. Eligible Products: