Qantas Business Rewards Program Eligible Customer Terms and Conditions

Welcome to Xero’s Qantas Business Rewards Program rewards scheme (“Rewards Scheme”).

Xero Australia Pty Limited (ABN 89 124 215 247) (“Xero”, “we”, “us” and “our”) has created these Xero Qantas Business Rewards Program Customer Terms and Conditions (these “Terms”) so that Eligible Customers (also referred to as “you” and “your”) can enjoy the benefits of the Rewards Scheme. In these Terms, phrases like “we both”, “each of us” or “either of us” refer to both you and us.

You agree to these terms

By claiming any Qantas Points, you agree to be bound by these Terms and the Qantas Business Rewards Program Terms.

References in these Terms

The following capitalised terms used in these Terms have the meanings described below:

Eligible Customer

A Xero customer who meets the requirements for the Rewards Scheme as set out at section 1(a).

Eligible Product

A software application that is available and identified by Xero on the Xero App Store as being an application that the Rewards Scheme applies to, and which is identified on the Rewards Scheme webpage hosted by Xero.

Member

An ABN holder who is registered as a member of the Qantas Business Rewards Program.

Membership Account

Your Qantas Business Rewards Program membership account.

Qantas Business Rewards Program

The business rewards program operated by Qantas that is known as Qantas Business Rewards, as at the date of these Terms.

Qantas Business Rewards Program Terms

The terms and conditions of the Qantas Business Rewards Program issued by Qantas, as amended by Qantas from time to time. As at the date of these terms, the Qantas Business Rewards Program Terms are available at https://www.qantas.com/au/en/business-rewards/terms-and-conditions.html

Qantas Points

The loyalty points that are offered to Members for eligible purchases in accordance with the Qantas Business Rewards Program Terms.

QFF Program

The loyalty program operated by Qantas currently known as the Qantas Frequent Flyer program.

QFF Program Terms

The terms and conditions of the QFF Program issued by Qantas, as amended by Qantas from time to time.

Xero App Store

The online platform operated by Xero which allows users of the Xero Application to download software applications that integrate with, and add functionality to, the Xero Application.

Xero Application

The software application made available by Xero which provides online accounting and related services for businesses.

Changes to these Terms

We may need to update these Terms as the Rewards Scheme evolves. We will provide you with notice of any changes to these Terms as described in section 7 below.

1. Earning and crediting Qantas Points

(a) You will be eligible to have us request Qantas credit Qantas Points to your Membership Account, under the Rewards Scheme, if each of the following apply:

(i) you purchase and subscribe to the Eligible Product via the Xero App Store;

(ii) at the time the relevant Eligible Product is purchased:

(A) you are a Member, or you sign-up to become a Member when purchasing the Eligible Product;

(B) you hold an ABN and your Membership Account is in that same ABN;

(C) you quote that ABN; and

(D) your principal place of business is in Australia;

(iii) you comply with any other requirements or procedures for the Rewards Scheme as advised by us before the purchase;

(iv) you hold the relevant Eligible Product for at least 90 days after purchase; and

(v) you have not cancelled or returned the Eligible Product or requested a refund for the Eligible Product within 90 days of purchase.

(b) The number of Qantas Points to be credited by Qantas to your Membership Account will depend on the Eligible Product you purchase and subscribe to and will be as specified on the Rewards Scheme webpage hosted by Xero and on the Xero App Store.

(c) We will use reasonable endeavours to request Qantas to credit the relevant number of Qantas Points to your Membership Account within 30 days after you have become an Eligible Customer.

(d) We may choose to offer additional or bonus Qantas Points, from time to time, in which case, additional or separate terms and conditions may apply if specified in the promotion.

(e) You are responsible for checking whether a product or service is an Eligible Product and, if so, how many Qantas Points will be earned, and whether you will meet the other requirements to be an Eligible Customer, before making a purchase.

(f) If we request, you must provide us with documentation evidencing your purchase of and subscription to an Eligible Product via the Xero App Store and that you are an Eligible Customer. We may deny, reverse or withdraw the crediting of Qantas Points in your Membership Account if we determine (acting reasonably) that you are not an Eligible Customer. Neither us nor Qantas will be liable for any loss or damage suffered by you as a result of such denial, reversal or withdrawal.

(g) You are responsible for checking that the correct number of Qantas Points have been added to your Membership Account. Please contact us if you consider that the correct number of Qantas Points have not been added to your Membership Account.

(h) You acknowledge that the Qantas Business Rewards Program Terms apply to membership of the Qantas Business Rewards Program and the earning, retention and redemption of Qantas Points by Eligible Customers.

2. Tax implications

You should consult your tax advisor to understand any possible tax implications arising from your participation in the Rewards Scheme and the Qantas Business Rewards Program. You agree that any tax liabilities arising from your participation in the Rewards Scheme and the Qantas Business Rewards Program, including any income tax, payroll tax and fringe benefits tax, are solely your responsibility.

3. Privacy

Our Privacy Notice describes how we collect, use and manage any personal data (as defined in our Privacy Notice) in connection with the Rewards Scheme.

4. Changes to the Rewards Scheme

(a) Qantas may:

(i) vary the Qantas Business Rewards Program Terms and the QFF Program Terms from time to time; or

(ii) suspend, restructure, rename or terminate the Qantas Business Rewards Program and the QFF Program Terms at any time, which may impact your ability to earn, receive or redeem Qantas Points in connection with the Eligible Products.

(b) We will not be responsible or liable to you in the event of any such actions by Qantas, and will be relieved of our obligations under these Terms to the extent that any such action by Qantas prevents us from being able to comply with those obligations, or makes it uneconomical for us to continue to comply.

5. Suspension or termination of the Rewards Scheme

(a) The Rewards Scheme and these Terms will continue until terminated by us in accordance with this section.

(b) We may suspend or terminate the Rewards Scheme at any time, and will endeavour to provide at least 30 days’ notice of such suspension or termination, unless Qantas suspends or terminates the Qantas Business Rewards Program or our agreement with Qantas in relation to the Rewards Scheme and the Qantas Business Rewards Program is terminated or expires, in which case we will provide you with as much notice as we reasonably can in the circumstances. Subject to section 5(c), we will not be responsible or liable to you in the event of any such suspension or termination.

(c) If the Rewards Scheme is terminated or expires, we will still request Qantas credit you the Qantas Points earned by you as an Eligible Customer as a result of the acquisition of an Eligible Product before the date of termination or expiry.

6. Limitation of liability

To the extent permitted by law, our maximum liability to you under or in connection with the Rewards Scheme and these Terms under any cause of action (including negligence) is limited to the value of the Qantas Points that have been, or should be, credited to your Membership Account pursuant to these Terms. For the purposes of determining the value of Qantas Points for this clause 6, the cost to purchase an equivalent number of Top-up Points (as described in the QFF Program Terms) is to be used.

7. Changes to these Terms

We may need to update these Terms, including any linked materials, as the Rewards Scheme evolves. If we do, we will give you notice at least 30 days in advance except where such changes are required more urgently to comply with any law, reflect any changes required by our suppliers or partners (including Qantas), to protect the Xero platform or ecosystem or for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change is not material, we may not notify you. If you do not accept any such changes, you must not participate in the Rewards Scheme.

8. Notifying each other

(a) If you need to give a notice about something under these Terms, please send us an email to legalnotices@xero.com. If we need to give you notice, we will send an email to the email address that you register with us or by posting a visible notice through our services. You can update your email address by logging into your account on the Xero website.

(b) If either of us sends a notice by email under these Terms, unless that party receives an automated message that the email wasn’t delivered, we both agree that the email will be ‘delivered’ 30 minutes after the time it was sent.

9. Other general terms

(a) We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these Terms arising out of any event or circumstance beyond our reasonable control. You acknowledge that we do not control Qantas and are not responsible for Qantas’ acts or omissions, whether in connection with these Terms, the Qantas Business Rewards Program Terms or any other contract between Qantas and you.

(b) Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us.

(c) We may assign these Terms - or any of our rights or obligations in these Terms - to another Xero entity as we deem appropriate. Xero entities are the companies controlled by or under common control with Xero Limited (a New Zealand company with registration number 1830488).

(d) If there’s any part of these Terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.

(e) Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

(f) These Terms form the entire agreement between us and you in relation to their subject matter. They replace everything else that has been communicated between us and you in any form in relation to their subject matter. However, nothing in these Terms limits any liability either of us may have in connection with any representations or other communications (either oral or written) made before or after entering into these Terms, where such liability cannot be excluded by law.

(g) If there is any conflict between these Terms and the other documents linked or referred to in these Terms, these Terms will take priority in relation to its subject matter.

(h) Sections 2 (Tax implications), 5 (Suspension or termination of the Rewards Scheme), 6 (Limitation of liability) and 9 (Other general terms) of these Terms (as well as any other section that by its nature is intended to continue to apply) will still apply after these Terms come to an end.

(i) Each of us will use reasonable efforts to do anything that’s necessary to give full effect to these Terms.

(j) If either of us has a right under these Terms and doesn’t exercise it (or only partly exercises it), that party can still exercise that right, or another right, later on.

(k) If one of us chooses to waive a right that it has under these Terms, that waiver will only apply if it is in writing and signed by that party.

(l) These Terms are governed by the laws applicable in the State of Victoria and each party submits to the exclusive jurisdiction of the courts of that State.