Definitions
Definitions used in these Terms and Conditions:
Affiliate means the business which has entered into an agreement with CLIQIT to
provide CLIQIT Rewards via the Rewards Platform.
CLIQIT or RACV means Royal Automobile Club of Victoria (RACV) Limited (ABN 44
004 060 833).
CLIQIT Rewards means CLIQIT’s benefits and rewards program for Users that is
delivered through the Rewards Platform.
Product means the offer, benefit or reward accessed or purchased by a User via the
Rewards Platform.
Reward Dollars means credit applied by CLIQIT to your account that can be used to
purchase certain Products on the Rewards Platform.
Rewards Platform means the website and any application or payment platform that
is associated with the Rewards Platform or provides access to CLIQIT Rewards (but
does not include the websites and applications owned or operated by Third-Party
Providers).
Technology Provider means any company which RACV engages to provide
technology services associated with the Rewards Platform. This could include
platform management services or user relationship management services.
Third-Party Provider means the company or person (other than Cliqit) who provides
you with the Product on terms and conditions agreed between you and the Third-
Party Provider.
User or you means an eligible user of the Rewards Platform.
We, us, CLIQIT means RACV, trading as CLIQIT, being the business which has
entered into this agreement with you to provide CLIQIT Rewards via the Rewards
Platform.
What CLIQIT Rewards Provides
CLIQIT Rewards is a benefits and rewards program for CLIQIT Affiliate and their
Users. It provides you with access to the Rewards Platform, which can be used to
obtain various Products.
Your use of CLIQIT Rewards is governed by these terms and conditions and any
additional terms and conditions posted on the Rewards Platform from time to time
('Terms'). By continuing to use CLIQIT Rewards you indicate your consent and
agreement to these Terms.
Access and Account
User access to CLIQIT Rewards and the Rewards Platform is managed by RACV
trading as CLIQIT. Access to the Rewards Platform is granted to you by CLIQIT and
CLIQIT retains the right to allocate, refuse or revoke access to users for any reason
(acting reasonably), including for:
- a breach of these Terms;
- misuse of the Rewards Platform;
- a Breach of RACV’s or a Third-Party Provider’s terms and conditions relating
to Products; or
- suspected fraudulent activity.
It is a misuse of the Rewards Platform to share or distribute the Products with non-
users or other third parties.
The Rewards Platform allows you to set up an account so you can access your
information and undertake certain transactions.
You can set up an account by completing the registration process on the Reward
Platform and providing details, such as a username and password, that you will need
to use to log into your account.
You must keep your login details confidential. You must not provide your login details
to any other person and you must not allow any other person to use your login
details.
Products
You may access Products in different ways, based on the relevant Third-Party
Provider’s requirements. This may involve clicking on a website link, utilising a
promotional code, completing a registration process, or other processes as specified
by CLIQIT Rewards and the Third-Party Provider.
You must follow the specified process by the relevant Reward Partner to
successfully access your selected Products.
Where applicable, expiry dates will be published relating to Products on the Rewards
Platform. Rewards cannot be redeemed once the expiry date has passed.
Where a reward is accepted but is unavailable for any reason, CLIQIT and its Third-
Party Providers, reserve the right to offer a refund or substitute all or part of any
such
item with another offer of equal or greater value. All Products are subject to
availability (e.g., stock availability) which may not be within the control of CLIQIT
Rewards.
Individual Products may be subject to separate terms and conditions referred to on
the promotional webpages for the reward (such as the Rewards Platform or other
specified webpage). Eligibility for these other Products is subject to those additional
terms and conditions.
If there is any inconsistency between these Terms and any of those additional terms
and conditions, then those terms must be read in the following (descending) order of
precedence:
- specific terms for the redemption and supply of an offer or reward;
- specific terms for a CLIQIT promotion;
- these Terms;
- any Third-Party Provider Terms;
- the RACV Privacy Charter; and
- any additional Technology Provider terms.
It is your responsibility to read and accept the Product terms and conditions before
redeeming a particular reward.
All Products are for your personal use only and are not transferable in any
circumstances.
The supply of merchandise, services, eGift Cards and eVouchers as a Product will
also be subject to the terms of the relevant Third-Party Provider, which may include
terms in respect of the following (as applicable):
- product or service warranties;
- delivery times;
- delivery costs (if any);
- taxes or duties payable such as GST (if any); and
- any additional out-of-pocket expenses or surcharges associated with the
reward, and by redeeming the relevant reward, you acknowledge that you
agree with those terms.
Manufacturer’s terms and warranties may also apply to the relevant Products.
Where the delivery of a reward or benefit involves the physical delivery of
merchandise, you must ensure that you enter the correct delivery details at the point
of purchase or redemption. CLIQIT and its Third-Party Providers will not be
responsible or liable for products, and will not replace products, that are sent to
incorrectly submitted delivery addresses. Delivery will be made by ordinary post
(unless otherwise specified on the Rewards Platform and the delivery address must
be in Australia.
To the extent permitted by law, CLIQIT will not be liable for any failure caused by
Third-Party Providers to provide or supply the relevant Product.
Pricing and Payment
All product prices are in Australian Dollars, inclusive of GST (where applicable). The
price of purchasable rewards and benefits is set by the Third-Party Provider, and the
discount is set (where relevant) by CLIQIT.
Payment for Products may be taken by the relevant Third-Party Provider and will be
subject to the terms and conditions of purchase of the respective Third-Party
Provider.
Benefits and rewards that require payment to a Third-Party Provider will only be
processed upon payment in full to the Third-Party Provider (or their agent) including
any applicable GST. For any issues with orders placed via the Reward Platform,
including cancellations, refund requests, delayed or missing orders or damaged
goods, you must contact the Third-Party Provider to resolve those issues.
If a Third-Party Provider fails to resolve an issue, you may escalate their complaint to
our Support team by calling 1300 775 240 or sending us an email at
info@rewards.cliqit.com.au.
We may seek resolution of the issue on your behalf, however, to the extend
permitted by law we do not accept liability for any loss or damage. Nothing in this
clause affects any rights a User may have which by law cannot be excluded,
including under the Australian Consumer Law and any other Federal State or
Territory consumer protection legislation.
Reward Dollars
At CLIQIT’s discretion, we may credit your CLIQIT Rewards account with Reward
Dollars to a determined value.
These Reward Dollars may be used as payment for Products which can be
purchased on the Rewards Platform.
Reward Dollars will remain in your account until they either expire, or until such time
as a User ceases to eligible to access the Rewards Platform, at which point any
remaining Rewards Dollars will be forfeited.
Reward Dollars are also forfeited if the account associated to the Reward Dollars is
removed for any of the reasons set out in section 3 of these Terms.
Reward Dollars can only be used for a selected range of Products, as indicated on
the Rewards Platform and are not transferable or exchangeable for cash.
Refunds
Refunds are subject to the terms and conditions that you agreed with the relevant
Third-Party Provider prior to completing your purchase or booking.
Refunds on transactions within the Rewards Platform are also subject to approval
CLIQIT.
Third Party Providers may have different or additional conditions. Please check the
specific terms and conditions for your Product.
Cancellations and Amendments
If you wish to amend your Product, the Third-Party Provider may charge an
amendment fee which will be advised at time of change. If you cancel your Product
altogether, you may incur a cancellation fee. The amount of this charge will vary
depending on when the cancellation is made and the terms and conditions of the
Product you are cancelling.
Third-Party Providers may also charge cancellation and amendment fees as outlined
in their relevant terms and conditions.
Third Party Providers may vary as to their different or additional conditions. Please
check the specific terms and conditions for your Product.
Account Credits for Unavoidable or Extraordinary Circumstances
In the event of unavoidable or extraordinary circumstances, a Third-Party Provider
may materially modify or cancel your Product as set out below.
In these Terms of Use, “unavoidable or extraordinary circumstances” means any
cause outside a Third-Party Provider’s reasonable control which could not have been
prevented or avoided even if all reasonable measures had been taken by the Third-
Party Provider (including, but not limited to, war, threat of war, riot, civil
disturbances,
industrial dispute, terrorist activity and its consequences, plague, epidemic,
pandemic, infectious disease outbreak or any other public health crisis (including
quarantine or other employee restrictions), natural or other disaster (such as volcanic
ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse
weather conditions (actual or threatened, including snow and fog), closed or
congested airports or ports or other modes of transport, unavoidable technical
problems with transport, unforeseen alterations to transport schedules,
transportation disruptions or cancellations, domestic and/or international travel
restrictions, changes to travel advisories and restrictions, changes to health
advisories and quarantines, changes to immigration, labour and free-movement laws
resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport,
changes to applicable laws and/or other government mandates (including evacuation
orders and border closures), and similar events).
A material modification is one that has a serious impact on your Product and would
cause substantial inconvenience to you (including a change of departure date,
departure point or airport, or change of departure time of more than twelve hours).
If your Product is cancelled due to unavoidable or extraordinary circumstances, the
Third-Party Provider will offer you a credit in respect of your Product (subject its
terms and conditions of Booking) but not a refund.
Eligibility to use products or services
It is your responsibility to ensure you meet any legal and Product related
requirements to purchase, consume or utilise Products.
This clause is relevant (but not exclusive) to the sale of alcohol as well as age and
physical requirements for experiences.
Your obligations and warranties
You warrant to us that:
- You are at least 18 years old and have the power and authority to enter into a
binding contract with us and with the Third-Party Providers of the Products
that you acquire.
- You have read these Terms and if booking for third parties, warrant that you
have the authority to do so and have provided a copy of these Terms to them.
You agree to indemnify us and the Third-Party Provider against any claims
from third parties who have not in fact been properly informed.
- The information you provide us about yourself is true, accurate, current and
complete (apart from any optional items) as required by any registration
process.
- You have read the terms and conditions of any applicable Third-Party
Provider and agree to be bound by those.
- You are responsible for checking the accuracy of all documents provided to
you.
- If relevant, you accept that Passport/Visa and other required identification
documents are your responsibility.
- You understand and agree that due to Covid-19, there may be restrictions in
place in relation to the Product you have purchased, for example, some
amenities may not be available and/or social distancing rules may apply
during your stay. You acknowledge that it is your responsibility to check with
the Third-Party Provider directly for their latest information.
You assume any risk involved with participation in the CLIQIT Rewards Program.
Warranty disclaimer and limitation of liability
a. CLIQIT and the Third-Party Providers provide the information for CLIQIT
Rewards.
To the extent permitted by law, CLIQIT Rewards and its content and related services
are provided on an "as is and as available" basis with no representations or
warranties of any kind, either expressed or implied, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose and non-
infringement. We do not guarantee that Life Rewards Platform will be available to
users at all times.
You assume responsibility and risk for your participation in CLIQIT Rewards,
related
services, and hyperlinked websites. To the extent permitted by law, no oral or written
information or advice given by CLIQIT, its agents, or its authorised representatives
shall create a warranty or in any way increase the scope of this warranty.
CLIQIT is not liable to any other party for consequential, incidental, or
indirect loss or
damage, including loss of profit (whether consequential, incidental or indirect)
resulting from a breach of these Terms by CLIQIT or the negligence of CLIQIT or its
representatives.
To the extent permitted by law, all conditions, warranties, guarantees,
rights,
remedies, liabilities, and other terms implied or conferred by statute, custom or
general law that impose any liability of obligation on CLIQIT are excluded under
these Terms.
b. T&C's: Nothing in these Terms excludes any liability implied or imposed by any
laws (including the Australian Consumer Law) that cannot be lawfully excluded or
limited.
Where CLIQIT can limit its liability under the Australian Consumer Law,
CLIQIT limits
such liability to the following (at CLIQIT’s option):
- in the case of goods, the replacement of the goods or the supply of equivalent
goods, the repair of goods, the payment of the cost of replacing the goods or
of acquiring equivalent goods; or
- in the case of services, the supplying of the services again, or the payment of
the cost of having the services supplied again.
c. Content: CLIQIT has made reasonable attempts to ensure the accuracy of
information provided in communications and on the Rewards Platform. We cannot
guarantee the accuracy of this information, due to the provision of Third-Party
Provider content and potential for human error.
If an error is noticed, please inform us by calling 1300 775 240 or sending
us an
email at info@rewards.cliqit.com.au and we will make reasonable attempts to rectify
the issue.
Third parties
a. Third party provider Liability and Data sharing: We are not liable to you for
any
breach of obligations by the Third Party Provider in providing you with a Product.
The Third Party Provider is liable to you for a breach of obligations in
providing you
with the Product.
Third-Party Providers may have different or additional conditions. Please
check the
Product-specific terms and conditions for your Product.
b. Technology Providers: CLIQIT Rewards reserves the right to share data
securely with relevant Technology Providers for the purpose of providing the
Rewards Platform and Rewards Program.
Privacy
Use of any personal information that you provide to us is governed by our Privacy
Charter and any privacy collection notice we make available to you at time we collect
your personal information. You agree that we may handle your personal information
as described in the privacy collection notice, including to communicate with you
about your use of CLIQIT Rewards. You agree that any contact details provided by
you can be used for these communications, including to contact you by post, phone,
email and SMS.
Commissions and Financial Arrangements
By participating in CLIQIT Rewards, you acknowledge that CLIQIT has entered into
commercial arrangements with Third-Party Providers, under which CLIQIT may pay
commissions to Third-Party Providers, and may receive commissions from Third-
Party Providers, in connection with CLIQIT Rewards.
CLIQIT may also receive remuneration through financial incentives and other means
from booking or selling products and services on your or CLIQIT’s behalf with Third-
Party Providers and other third-party travel service providers.
Governing Law
These Terms are governed by the laws of the State of Victoria and you agree to
submit to the exclusive jurisdiction of the courts of the State of Victoria to determine
any dispute arising out of or in connection with these terms and conditions.
Tax
Any Tax, liability or duty incurred by the user from participation in this program is the
sole responsibility of that user or customer.
Severability
If any section or clause of this agreement is not enforceable or binding, only that
section becomes voided, all other sections remain enforceable.
Revisions to the Terms, CLIQIT and the Rewards Platform
CLIQIT, acting reasonably, reserves the right to increase, improve, remove, amend
and revoke any benefit or offering, offered through the Rewards Platform, including
the benefit or discount amount, Products which are applicable for benefit, and
features which are offered by the Rewards Platform.
CLIQIT will use reasonable endeavours to indicate any changes to these Terms. We
encourage you to periodically re-read these Terms to see if there have been any
changes to our policies that may affect you.
These Terms may change from time to time at the discretion of CLIQIT (acting
reasonably), including with respect to:
- the offers and rewards available;
- the expiry of rewards;
- the suspension or termination of your account; and
- the applications and/or devices that can be used to access and interact with
CLIQIT Rewards (or parts of the program).
CLIQIT, acting reasonably, reserves the right to change the Terms at any time by
providing notice on the Rewards Platform. You are responsible for informing yourself
of any changes by regularly reviewing these pages. If you access the Rewards
Platform after changes are notified, you are deemed to have accepted all changes.
Otherwise, at all times, the current version of these Terms and the CLIQIT Privacy
Policy can be accessed and viewed on the Rewards Platform.
CLIQIT, acting reasonably, may suspend or terminate CLIQIT Rewards at any time
for any reason. CLIQIT will seek to provide at least one months' notice to Users in
the event that it terminates CLIQIT Rewards.
CLIQIT provides no warranty regarding the ongoing availability of CLIQIT Rewards.
CLIQIT reserves the right to change, suspend or terminate these Terms and CLIQIT
Rewards.
