VISA Prepaid Cards
Low Value
Conditions of Use
(Valid from 4 February 2011)
1. BEFORE YOU USE YOUR VISA PREPAID CARD AND INTRODUCTION
Please read these Conditions of Use. They apply to:
- all transactions initiated by you through an Electronic Banking Terminal (which
in these Conditions of Use refers to Eftpos devices and ATMs) by the combined use
of your Visa Prepaid Card and a Personal Identification Number (PIN); and
- all other transactions (including telephone and internet transactions) effected
with the use of your Visa Prepaid Card.
The first time that you activate your Visa Prepaid Card you will be requested to
agree to abide by these Conditions of Use. Therefore, these Conditions of Use should
be read carefully. We suggest that you seek advice if you do not understand any
of the information contained within these Conditions of Use or how they apply to
you. Once you accept these Conditions of Use, they will apply to your use of your
Visa Prepaid Card.
If you fail to properly safeguard your Visa Prepaid Card and PIN you may increase
your liability for unauthorised use (refer to section 17 for a list of circumstances
where you may be held liable for unauthorised use of your Visa Prepaid Card).
Words that are capitalised in these Conditions of Use are defined in section 25
below.
2. CARD ISSUER AND DISTRIBUTOR
Your Visa Prepaid Card is issued to you by Indue Limited ABN 97 087 822 464 (“Indue”),
at the request of DirectCash. Indue is an authorised deposit-taking institution
and a member of Visa.
By accepting these Conditions of Use, you are entering into a contract with Indue.
Indue as the issuer of your Visa Prepaid Card is responsible for effecting settlement
of all transactions that may arise as a result of you using your Visa Prepaid Card
in accordance with the terms set out in these Conditions of Use.
DirectCash Management Australia Pty Ltd ACN 135 317 636 (“DirectCash”) is
an agent of Indue and the promoter of your Visa Prepaid Card. DirectCash is also
responsible for providing certain cardholder services to you in accordance with
these Conditions of Use. These services include providing you with lost and stolen
services and assisting you with any enquiries you may have regarding your use of
your Visa Prepaid Card.
The Distributor is the organisation who provided your Visa Prepaid Card to you.
The Distributor is responsible for distributing your Visa Prepaid Card to you (including
any replacement prepaid cards) and arrangedarranging for funds to be loaded (added)
onto your Visa Prepaid Card.
3. SIGNING YOUR VISA PREPAID CARD
You agree to sign your Visa Prepaid Card as soon as you receive it and before using
it, as a means of preventing unauthorised use.
4. THE VISA PREPAID CARD
The Visa Prepaid Card is a Visa Reloadable card.
The Visa Prepaid Card allows purchases and payments to be made wherever Visa prepaid
cards are accepted, if a sufficient Value is stored on the Visa Prepaid Card. The
Visa Prepaid Card can be used to withdraw cash at ATMs. Some merchants may choose
not to accept Visa prepaid cards. You should always check with the merchant that
it will accept the Visa Prepaid Card before you attempt to purchase any goods or
services.
You acknowledge and agree that you will not earn any interest on any Value that
is stored on your Visa Prepaid Card from time to time.
Indue will debit (deduct) against the Value any transaction you authorise using
your Visa Prepaid Card.
Indue will (in the first instance) consider a transaction as having been authorised
by you when:
- you conduct an Electronic Transaction;
- your Visa Prepaid Card is used to conduct an Electronic Transaction; or
- your Visa Prepaid Card is presented to a merchant (or someone else on behalf of
a merchant) in a way acceptable to Indue and DirectCash, such as over the telephone
or internet.
Fraudulent transactions can occur on your Visa Prepaid Card. Where you advise Indue
or DirectCash that a transaction that has been debited (deducted) is fraudulent,
unauthorised or disputed, Indue or DirectCash will investigate and review that transaction
in accordance with section 20 of these Conditions of Use.
5. ACTIVATING THE CARD
After successful application for a Visa Prepaid Card, you will be required to activate
your Visa Prepaid Card before being able to use your Visa Prepaid Card.
To activate your Visa Prepaid Card you will need to go online at www.directcashprepaid.com.au and follow the prompts.
6. PERSONAL IDENTIFICATION NUMBER (PIN) SECRECY
If you fail to properly safeguard your Visa Prepaid Card or PIN, you may increase
your liability for unauthorised use (refer to section 17 below for a list of circumstances
where you may be held to be liable for an unauthorised transaction). We therefore
strongly recommend that you:
- not record your PIN on your Visa Prepaid Card or on anything with or near your Visa
Prepaid Card;
- tell anyone your PIN and try to prevent anyone else from seeing your PIN; and
- try to prevent anyone else seeing you enter your PIN into an Electronic Banking
Terminal.
- If you think that your PIN has become known to someone else, you must notify DirectCash
or Indue immediately by using one of the methods referred to in section 8 below.
If you forget your PIN, you are able to reset it by going online to www.directcashprepaid.com.au and following the prompts (refer to section 8 below).
7. IMPORTANT POINTS TO REMEMBER TO SAFEGUARD YOUR VISA PREPAID ACCOUNT
Important things you should consider:
- no-one from Indue, DirectCash, the Distributor or any merchant will ever ask you
for your PIN, therefore you should never disclose it to anyone either verbally,
in writing or electronically;
- do not access Indue or DirectCash’s website via an email link embedded in an email.
Always access the website directly from your internet page;
- maintain up-to-date anti-virus software and a firewall on your computer;
- examine your card activity regularly to identify and report, as soon as possible,
any instances of unauthorised use;
- sign your Visa Prepaid Card immediately when you receive it;
- never lend your Visa Prepaid Card to anyone;
- don't choose a PIN that is easily identified with you, e.g. your birth date, an
alphabetical code which is a recognisable part of your name or your car registration;
- don't choose a PIN that is merely a group of repeated numbers;
- never leave your Visa Prepaid Card unattended, e.g. in your car or at work;
- immediately report the loss, theft or unauthorised use of your Visa Prepaid Card
(refer to section 8 below); and
- for security reasons, on the Expiry Date, destroy your Visa Prepaid Card by cutting
it diagonally in half.
8. REPORTING THE LOSS OR THEFT OF YOUR VISA PREPAID CARD
By Website
If you believe your PIN record has been lost or stolen or your PIN has become known
to someone else, you should IMMEDIATELY logon to www.directcashprepaid.com.au and select “change your PIN”,
and follow the prompts. A PIN Reset Fee applies in circumstances where you change
your PIN (refer to section 14 below).
If you believe your Visa Prepaid Card has been lost or stolen, you should IMMEDIATELY
logon to www.directcashprepaid.com.au
and select “lost and stolen card” and follow the prompts.
Upon successful suspension of your Visa Prepaid Card, all transactions will be blocked
(other than transactions which are below merchant’s floor limits and where no electronic
approval is required – refer to section 17) and even if you should find your Visa
Prepaid Card, you will not be able to use it until you have spoken with the Distributor
or DirectCash to reactivate your Visa Prepaid Card. DirectCash or the Distributor
will use its best endeavours to contact you within 24 hours of the next Business
Day from when you placed a stop on your Visa Prepaid Card to arrange either a replacement
card to be issued to you or for your Visa Prepaid Card to be reactivated in circumstances
where you have found it.
By Telephone
Alternatively, if you believe your Visa Prepaid Card or PIN record has been lost
or stolen, or your PIN has become known to someone else, you should IMMEDIATELY
report this by contacting DirectCash’s Call Centre at 1800 159 911
Notification Requirements
If the website referred to above or DirectCash’s Call Centre is not operating when
you try to use it for notification purposes, any losses occurring due to non-notification
whilst the website or Call Centre is non-operational will be the liability of Indue
and DirectCash. To avoid further losses you are required to continue to try to contact
DirectCash’s Call Centre or provide notification of your lost or stolen Visa Prepaid
Card via the website. Providing you continue to use reasonable endeavours having
regard to your own individual circumstances to notify Indue or DirectCash, Indue
and DirectCash will continue to be liable for any loss occurring on your Visa Prepaid
Card. If you do not try to notify us as is reasonable having regard to your own
individual circumstances, then you may become liable for any losses occurring on
your Visa Prepaid Card in accordance with section 17 below
Procedure
Once a replacement Visa Prepaid Card is issued to you, the Value remaining on your
lost or stolen Visa Prepaid Card will be transferred to your new Visa Prepaid Card
less any unauthorised transactions for which you are liable (refer to section 17
for a list of circumstances where you may be held liable for unauthorised transactions)
and the Prepaid Card Replacement Fee (refer to section 14 below).
You must give DirectCash a reasonable time to arrange cancellation and the issue
of a replacement Visa Prepaid Card.
9. USING YOUR VISA PREPAID CARD
The Visa Prepaid Card cannot be used to make or complete a transaction that exceeds
the Value that is stored on your Visa Prepaid Card from time to time. Any attempted
transaction that you make that is in excess of the Value stored on your Visa Prepaid
Card at that time will be rejected. In these circumstances, a POS Decline Fee will
apply (see section 14 below).
The Visa Prepaid Card may be used as many times as desired as long as the necessary
Value is available, the Expiry Date has not been reached and the Visa Prepaid Card
has not been deactivated, suspended or cancelled.
Indue and DirectCash do not warrant or accept any responsibility if a merchant’s
Electronic Banking Terminal does not accept your Visa Prepaid Card. You should always
check with the relevant merchant that it will accept your Visa Prepaid Card before
purchasing any goods or services.
Neither Indue nor DirectCash is responsible in the event that you have a dispute
regarding the goods or services purchased using your Visa Prepaid Card. In the first
instance, you should contact the merchant directly. If you cannot resolve the dispute
with the merchant, DirectCash and Indue have the ability in certain circumstances
to investigate disputed transactions on your behalf (refer to section 20 below for
a list of the circumstances when Indue and DirectCash can investigate a disputed
transaction) and attempt to obtain a refund for you.
10. USING YOUR VISA PREPAID CARD OUTSIDE AUSTRALIA
All transactions conducted overseas will be converted into Australian dollars. Transactions
will either be converted directly into Australian dollars or will be first converted
from the currency in which the transaction was made in US dollars and then converted
to Australian dollars by Visa. The conversion rate used is either:
- a wholesale market rate selected by Visa from a range of wholesale rates one day
before the transaction is processed by Visa; or
- the government-mandated rate in effect for the applicable processing date.
A Currency Conversion Fee is payable by you when you make a transaction on your
Visa Prepaid Card in a currency other than Australian dollars, or you make a transaction
on your Visa Prepaid Card in any currency (including AUD) that is processed by a
card scheme or billed by the merchant outside of Australia (refer to section 14
below).
11. LIMITATIONS ON THE USE OF YOUR VISA PREPAID CARD
The Visa Prepaid Card must not be used for illegal purposes, including the purchase
of goods or services that is banned by any Australian law.
12. LOADING VALUE
You cannot load (add) your own funds onto your Visa Prepaid Card. To arrange for
additional funds to be loaded (added) to your Visa Prepaid Card, you will need to
visit the Distributor.
Each time that you arrange for the Distributor to load (add) funds onto your Visa
Prepaid Card you will be charged a Value Load Fee (refer to section 14 below).
The minimum Value that can be loaded (added) at any one time is $10.00. The total
Value that may be loaded (added) onto your Visa Prepaid Card at any one time cannot
exceed the Card Limit. Any attempted load that would take the Card Value over the
Card Limit at any one time will be rejected in full. To avoid this Indue and DirectCash
recommend that you regularly check your balance online.
13. PRE-AUTHORISATION AND LIMITS
You should never sign a blank card transaction voucher. Doing this is like giving
a merchant a signed blank cheque. Providing authorisation for an unspecified amount
can leave you vulnerable to being charged non-standard and large amounts, without
prior notification from the relevant merchant.
Indue may set permanent and temporary limits on the minimum and maximum transaction
amounts. Temporary limits may be imposed on your Visa Prepaid Card in circumstances
where transactions appear to be suspicious or fraudulent. In these circumstances,
we will use reasonable endeavours to notify you that we have imposed a temporary
maximum transaction limit on your Visa Prepaid Card.
Where we impose a new permanent minimum or maximum transaction limit on your Visa
Prepaid Card or vary an existing permanent minimum or maximum transaction limit
on your Visa Prepaid Card, we will inform you of this change in accordance with
the requirements set out in section 22 of these Conditions of Use.
Please note merchants may impose their own transaction limits or restrictions on
the amount of cash or value that a cardholder may obtain with a Visa Prepaid Card.
14. FEES AND CHARGES
The following standard fees and charges apply. Other than the Initial Setup Fee,
you agree to pay to Indue all fees and charges that are set out in these Conditions
of Use. Indue will deduct these fees and charges from your Visa Prepaid Card by
debiting (deducting) the amount of the fee or charge in accordance with this section
14. These fees may be waived at any time by Indue in its sole discretion. The Initial
Setup Fee referred to below is required to be paid by you to DirectCash or the Distributor
at the time you purchase/acquire your Visa Prepaid Card.
All fees and charges that are set out in this section 14 are inclusive of GST.
If you consider that Indue has incorrectly charged you a fee or charge, you may
dispute this by contacting DirectCash in the first instance in accordance with section
20. Any incorrectly charged fee or charge will be reversed by Indue.
Initial Setup Fee
Card Purchase Fee (paid direct to DirectCash or the Distributor at the time you
request or apply for a Visa Prepaid Card): $14.99.
Value Load Fee: $2.50 per transaction, deducted from your Visa Prepaid Card
at the same time the load transaction is credited (added) to your Visa Prepaid Card.
Refer to section 12 above.
POS Transactions (eftpos devices, telephone and internet)
POS Payment: $1.75 per transaction, deducted from your Visa Prepaid Card at the
same time you successfully use your Visa Prepaid Card at an Eftpos device or on
the internet or telephone to make a payment.
POS Decline Fee: $0.50 per transaction, deducted from your Visa Prepaid Card at
the same time you attempt to use your Visa Prepaid Card at an Eftpos device or on
the internet or telephone to make a payment, but that transaction is declined for
whatever reason including due to you having insufficient funds.
ATM Transactions (Domestic)
Westpac & St George ATM’s
Domestic ATM withdrawal and balance enquiry: $4.05 per transaction, deducted from
your Visa Prepaid Card at the same time you successfully withdraw cash from or complete
a balance enquiry at a Westpac or St George branded ATM.
ATM Decline fee – Insufficient funds: $0.50 per transaction, deducted from your
Visa Prepaid Card at the same time you attempt to withdraw cash from a Westpac or
St George branded ATM, but that transaction is declined due to insufficient funds.
It is usually cheaper for you to use a St George or Westpac branded ATM and we recommend
that you always use a St George or Westpac branded ATM.
All Other ATM’s (other than Westpac & St George branded ATMs)
ATM Owner’s Fee: as displayed on screen at time of withdrawal or balance enquiry
transaction (not charged by Indue), PLUS
ATM Card Issuer’s withdrawal or balance enquiry: $2.50 per transaction, deducted
from your Visa Prepaid Card at the same time you successfully withdraw cash from
an ATM or make a balance enquiry.
OR
ATM Decline fee – Insufficient funds: $0.50 per transaction, deducted from your
Visa Prepaid Card at the same time you attempt to withdraw cash from an ATM, but
that transaction is declined due to insufficient funds.
ATM & POS Transactions (International)
Any ATM or POS transaction performed outside of Australia is subject to an international
ATM or POS fee.
ATM Owner’s Fee: as displayed on screen at time of withdrawal or balance enquiry
transaction (not charged by Indue), PLUS
International ATM Card Issuer’s withdrawal or balance enquiry: $4.95 per International
ATM or POS transaction, deducted from your Visa Prepaid Card at the same time you
successfully withdraw cash from an International or non-Australian ATM/POS.
OR
International ATM Decline fee – Insufficient funds: $0.50 per transaction, deducted
from your Visa Prepaid Card at the same time you attempt to withdraw cash from an
ATM, but that transaction is declined due to insufficient funds.
OR
International balance enquiry fee : $4.05 per transaction, deducted from your Visa
Prepaid Card at the same time you make a balance enquiry.
Other
PIN Reset Fee: $1.50, per PIN change, deducted from your Visa Prepaid Card at the
same time you reset your PIN in accordance with section 8 above.
Monthly Fee: $7.95 per month, deducted from your Visa Prepaid Card on the date your
Visa Prepaid Card is activated and on the same day of each calendar month thereafter.
Currency Conversion Fee: 3.5% of the total amount of each transaction, payable and
deducted from your Visa Prepaid Card at the same time you make a transaction on
your Visa Prepaid Card account in a currency other than Australian dollars, or you
make a transaction on your Visa Prepaid Card in any currency (including AUD) that
is processed by a card scheme or billed by the merchant outside of Australia. 1.0%
of the total amount of each such transaction is payable to Visa as a currency conversion
charge and the remaining 2.5% of the total amount of each such transaction is an
administration fee payable to Indue.
Renewal/Expiry/Replacement
Dormancy Fee : $10.70 per month. Prior to your Visa Prepaid Card expiring or being
cancelled, this fee is deducted from your Visa Prepaid Card on the date that is
90 days since your last Electronic Transaction and is payable every month after
that date whilst your Visa Prepaid Card remains inactive (i.e. has not been used
to complete an electronic transaction). After the expiry or cancellation of your
Visa Prepaid Card, this fee is payable on the 1st day of each month or part thereof
after your Visa Prepaid Card has expired or has been cancelled however Value still
remains on your Visa Prepaid Card.
Expiry Fee: refer to sections 15 and 16 below.
Prepaid Card Replacement Fee: $14.99 per Visa Prepaid Card, refer to sections 8
above and 15 below.
Account Closure Fee: $3.00 (refer to sections 15 and 16 below).
15. CARD EXPIRY
The Visa Prepaid Card is valid until the Expiry Date. You must use all available
Value by the Expiry Date to ensure you receive the benefit of the Value.
Prior to the Expiry Date of your Visa Prepaid Card, you should use
all Value that is remaining on your Visa Prepaid Card or alternatively, withdraw
any Value remaining on your Visa Prepaid Card by visiting an ATM to ensure you receive
the benefit of the value.
Prior to the Expiry Date, you may contact DirectCash and request that a new Visa
Prepaid Card be distributed to you. In these circumstances you will be charged a
Prepaid Card Replacement Fee (refer to section 14 above) but will not be charged
a fee associated with transferring any Value remaining on your existing Visa Prepaid
Card to the new Visa Prepaid Card.
If you have not made prior arrangements before the Expiry Date of your Visa Prepaid
Card, then on the Expiry Date we will stop your Visa Prepaid Card.
If on the Expiry Date Value remains on your Visa Prepaid Card, then we will automatically
deduct from your Visa Prepaid Card Value an Account Closure Fee. If after deduction
of the Account Closure Fee, Value still remains on your Visa Prepaid Card, then:
- if this Value is less than $15.00, you will be charged an Expiry Fee equal to the
Value remaining on your Visa Prepaid Card. For example, if the Value remaining on
your Visa Prepaid Card on the Expiry Date and after deduction of Account Closure
Fee is $7.22, on the Expiry Date we will charge you an Expiry Fee equal to $7.22;
or
- if this Value is greater than $15.00, then we will arrange for the Distributor or
DirectCash on our behalf to make reasonable attempts to contact you to arrange for
the Value remaining on your Visa Prepaid Card to be returned to you by either cheque
or electronic funds transfer to your nominated bank account.
If after 6 months after the Expiry Date the Distributor or DirectCash (on Indue’s
behalf) has not been able to contact you after reasonable enquiries have been made
in order for us to return the Value remaining on your Visa Prepaid Card to you (less
the monthly Dormancy Fees), then all funds held will be forfeited to us. If you
subsequently contact us within two (2) years after the Expiry Date and request a
refund, we will refund the remaining value owing to you less the monthly Dormancy
Fees.
During the period from the Expiry Date to the date that is 2 years after the Expiry
Date, we will continue to charge you a monthly Dormancy Fee (refer to section 14
above) should Value remain on your Visa Prepaid Card.
You must not use your Visa Prepaid Card after the Expiry Date shown. In some circumstances
your Visa Prepaid Card may be used for store purchases which are below floor limits
and where no electronic approvals are in place. If you use your Visa Prepaid Card
after the Expiry Date in these circumstances then you will be liable to Indue for
the Value of any transaction as well as any reasonable costs incurred by Indue in
collecting the amount owing.
16. CANCELLATION AND RETURN OF YOUR VISA PREPAID CARD
The Visa Prepaid Card always remains the property of Indue.
Indue or DirectCash may cancel and demand the return of the Visa Prepaid Card issued
to you at any time:
- for security reasons and to protect the remaining Value where the Visa Prepaid Card
has been or is reasonable suspected by Indue to have been compromised and such compromise
has been caused directly by you or third parties; or
- if you breach these Conditions of Use and that breach is of a serious nature.
If these circumstances arise, Indue (or DirectCash or the Distributor) will notify you that your Visa Prepaid Card has been cancelled.
You may cancel your Visa Prepaid Card at any time by giving Indue, DirectCash or the Distributor notice in writing or by telephone. Prior to the cancellation of your Visa Prepaid Card, you should ensure that you use all Value that is remaining on your Visa Prepaid Card or alternatively, withdraw any Value remaining on your Visa Prepaid Card by visiting an ATM.
The date that your Visa Prepaid Card is cancelled by Indue, DirectCash or you in accordance with this section 16 is (referred to as the “Cancellation Date”.) You will be charged an Account Closure Fee which will automatically be deducted from the Value remaining on your Visa Prepaid Card.
If on the Cancellation Date (and after payment of the Account Closure Fee) Value remains on your Visa Prepaid Card then:
- if this Value is less than $15.00, you will be charged an Expiry Fee equal to the Value remaining on your Visa Prepaid Card. For example, if the Value remaining on your Visa Prepaid Card on the Cancellation Date after payment of the Account Closure Fee is $7.22, on the Cancellation Date we will charge you an Expiry Fee equal to $7.22; or
- if this Value is greater than $15.00, then we will contact you to arrange for DirectCash or the Distributor on our behalf to make reasonable attempts to contact you to arrange for the Value remaining on your Visa Prepaid Card to be returned to you by either cheque or electronic funds transfer to your nominated bank account.
If after 6 months after the Cancellation Date, DirectCash or the Distributor (on Indue’s behalf) have not been able to contact you after reasonable enquiries have been made in order for us to return the Value remaining on your Visa Prepaid Card to you (less the monthly Dormancy Fee), then all funds held will be forfeited to us. If you subsequently contact us within 2 years after the Cancellation Date and request a refund, we will refund the balance to you less the monthly Dormancy Fee. During the period from the Cancellation Date to the date that is 2 years after the Cancellation Date, we will continue to charge you a monthly Dormancy Fee (refer to section 14 above) should Value remain on your Visa Prepaid Card.
You must not use your Visa Prepaid Card after the Cancellation Date. In some circumstances your Visa Prepaid Card may be used for store purchases which are below floor limits and where no electronic approvals are in place. If you use your Visa Prepaid Card after the Cancellation Date in these circumstances then you will be liable to Indue for the Value of any transaction as well as any reasonable costs incurred by Indue in collecting the amounts owing.
17. YOUR LIABILITY IN CASE YOUR VISA PREPAID CARD IS LOST OR STOLEN OR IN THE CASE OF UNAUTHORISED USE
(1) You are not liable for any unauthorised use of your Visa Prepaid Card:
(a) before you have actually received your Visa Prepaid Card or PIN;
(b) after you have reported it lost or stolen under section 8; or
(c) if you did not contribute to any unauthorised use of your Visa Prepaid Card.
(2) For the purpose of section 17(1)(c) Indue or DirectCash will undertake an assessment to consider whether you have contributed to any loss caused by unauthorised use of your Visa Prepaid Card. This assessment will include a review of whether you
(a) unreasonably delayed notification of your Visa Prepaid Card being lost or stolen or of any unauthorised use of your Visa Prepaid Card;
(b) voluntarily disclosed your PIN to anyone, including a family member or friend;
(c) voluntarily allowed someone else to observe you entering your PIN into an Electronic Banking Terminal;
(d) wrote or indicated your PIN on your Visa Prepaid Card;
(e) wrote or indicated your PIN (without making any reasonable attempts to disguise the PIN) on any article carried with your Visa Prepaid Card or likely to be lost or stolen at the same time as your Visa Prepaid Card;
(f) allowed anyone else to use your Visa Prepaid Card;
(g) unreasonably delayed notification of:
- your Visa Prepaid Card or PIN record being lost or stolen; or
- unauthorised use of your Visa Prepaid Card; or
- the fact that someone else knows your PIN.
(3) If you are taken to have contributed to the unauthorised use of your Visa Prepaid Card under this section 17(2), your liability will be the lesser of:
(a) the actual loss when less than the Value stored on your Visa Prepaid Card at that time the loss occurred; or
(b) the actual loss at the time Indue, DirectCash or the Distributor is notified of the loss or theft of your Visa Prepaid Card; or
(c) the Card Limit.
(4) Where a PIN was required to perform an unauthorised transaction and it is unclear whether or not you have contributed to any loss caused by unauthorised use of your Visa Prepaid Card, your liability will be the lesser of:
(a) $150;
(b) the actual loss when less than the Value stored on your Visa Prepaid Card at that time the loss occurred; or
(c) the actual loss at the time Indue, DirectCash or the Distributor is notified of the loss or theft of your Visa Prepaid Card.
(5) In determining your liability under this section 17:
(a) DirectCash and Indue will consider all reasonable evidence including all reasonable explanations for an unauthorised use having occurred; and
(b) the fact that an account is accessed with the correct PIN, while significant, is not of itself conclusive evidence that you have contributed to the loss.
(6) Your liability for losses occurring as a result of unauthorised access will be determined under the EFT Code of Conduct as issued from time to time by the Australian Securities and Investments Commission. The guidelines set out at sections 6 and 7 to safeguard your account are the minimum suggested security measures you should take.
18. VISA ZERO LIABILITY
In addition to the limits placed on your liability as described in section 17 above, Visa’s scheme rules provide that Indue and DirectCash shall limit your liability to nil in the following circumstances:
- you have not contributed to any loss caused by unauthorised use of your Visa Prepaid Card as described in section 17(2) above; and
- you have provided all reasonably requested documentation to Indue or DirectCash, which may include provision of a statutory declaration and police report.
Where this Visa zero liability provision applies, Indue will endeavour to refund the amount of the unauthorised transactions within five (5) days, subject to:
- you having provided all reasonably requested information to Indue or DirectCash;
- you are not otherwise in default or have breached the terms and conditions set out in these Conditions of Use; and
-
Indue has not reasonably determined that further investigation is necessary before refunding the amount of the unauthorised transactions based on:
(a) the use of the Visa Prepaid Card;
(b) the nature and circumstances surrounding the unauthorised transactions; or
(c) any delay in notifying Indue or DirectCash of the unauthorised transactions.
Any refund is conditional upon the final outcome of Indue’s investigation of the matter and may be withdrawn by Indue where it considers that this provision shall not apply as a result of those investigations.
19. STATEMENT OF TRANSACTION HISTORY
You may check the Value that is on your Visa Prepaid Card and your transaction history, 24 hours a day 7 days a week, by visiting the Website www.directcashprepaid.com.au.
20. RESOLVING ERRORS ON ACCOUNT STATEMENTS
If you have a complaint or dispute relating to your Visa Prepaid Card, you should contact DirectCash in the first instance on 1800 159 911.
DirectCash will handle all complaints that are referred to it according to its internal dispute resolution procedures.
DirectCash will acknowledge your communication within five Business Days and will advise you of an outcome within forty five days maximum. DirectCash will keep you up-to-date with any progress or developments in accordance with its internal dispute resolution procedures.
If you have a complaint or dispute that is not satisfactorily resolved by DirectCash, you should contact Indue. Indue will acknowledge your communication within five Business Days and will advise you of an outcome within forty five days maximum. Indue will keep you up-to-date with any progress or developments in accordance with its internal dispute resolution procedures. Indue may be contacted at:
PO Box 523
TOOWONG QLD 4066
Phone: 1300 671 819
Email: giftcards@indue.com.au
DirectCash and Indue have the ability to investigate any disputed transactions which occurs on your Visa Prepaid Card. You may wish to dispute a transaction in circumstances where:
- the transaction is not recognised by you;
- you did not authorise the transaction;
- you did not receive the goods or services to which the transaction relates;
- the transaction amount differs to the purchase amount;
- you did not receive the requested cash from an ATM (or you only received part of the cash requested); or
- you believe a transaction has been duplicated.
If DirectCash or Indue finds that an error was made or that you are not liable for the transaction in accordance with the terms set out in sections 16 and 17 above, then Indue will make the appropriate adjustments to your Visa Prepaid Card and will advise you in writing of the amount of the adjustment.
21. ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING
You acknowledge and agree that:
- where required, you will provide to Indue and DirectCash all information reasonably requested by Indue and DirectCash in order for Indue to comply with the fraud monitoring and anti-money laundering and counter terrorism financing obligations imposed on it pursuant to the AML Legislation or the Visa scheme rules;
- participation in the Visa scheme rules may impose other countries laws such as the US Patriots Act;
- Indue may be legally required to disclose information about you to regulatory and/or law enforcement agencies;
- Indue may block, delay, freeze or refuse any transactions where Indue in its sole opinion considers reasonable grounds exist to believe that the relevant transactions are fraudulent, in breach of the AML Legislation, the Visa scheme rules or any other relevant law;
- where transactions are blocked, delayed, frozen or refused by Indue in accordance with this section 21, you agree that Indue is not liable for any loss suffered by it or other third parties arising directly or indirectly as a result of Indue taking this action; and
- Indue will monitor all transactions that arise pursuant to your use of your Visa Prepaid Card in accordance with its obligations imposed on it in accordance with the AML Legislation or the Visa scheme rules.
22. CHANGES TO CONDITIONS OF USE
We may only change, add to or delete the terms and conditions set out in these Conditions of Use if we provide you with at least 30 days notice of the change or variation. If you wish to cancel your Visa Prepaid Card as a result of any change or variation we make to these Conditions of Use, you must contact us to cancel your Visa Prepaid Card. In these circumstances, you will not be charged an Account Closure Fee or any transaction fee in respect of us returning any Value remaining on your Visa Prepaid Card to you.
Any notice we are required to give to you concerning any change to these Conditions of Use may be given to you by:
- a notice on electronic equipment (including DirectCash’s website);
- press advertisements; or
- a letter.
Any notice or document may be given by us sending it to your last known address. If we send it to your last known address, it is taken to have been received on the date it would have been delivered in the ordinary course of the post.
A copy of the latest version of these Conditions of Use will be available at all times online at www.directcashprepaid.com.au at no cost to view.
23. PRIVACY AND INFORMATION COLLECTION
Collection of information
Indue and DirectCash may collect your personal information:
- to identify you in accordance with the AML Legislation or Visa scheme rules;
- to provide information about a product or service;
- to consider your request for a product or service;
- to provide you with a product or service;
- to assist in arrangements with other organisations in relation to the promotion and provision of a product or service or suspend its operation until it is provided;
- to perform administrative and operational tasks (including systems development and testing, staff training, and market or customer satisfaction research);
- to prevent or investigate any fraud or crime (or a suspected fraud or crime); and
- as required by relevant laws and scheme rules.
Absence of relevant information
If you do not provide some or all of the information requested, DirectCash or Indue may be unable to provide you with a product or service.
Providing your information to others
Indue and DirectCash may provide your information:
- to another member of its group;
- to any outsourced service providers (for example mailing houses, data switch service companies);
- to regulatory bodies, government agencies, law enforcement bodies and courts;
- to other parties as is authorised or required by law;
- to participants in the payments system and other financial institutions for the purpose of resolving disputes, errors or other matters arising out of your use of your Visa Prepaid Card or third parties using your Visa Prepaid Card or card information; or
- to facilitate transaction investigation and to assist with identification of suspicious or fraudulent transactions, your personal information and transaction details may be sent to countries other than Australia. By using your Visa Prepaid Card, you agree that your personal information and transaction details may be sent overseas.
Accessing your personal information
Subject to the provisions of the Privacy Act 1988 (Cth), you may access any of your personal information at any time by calling DirectCash or Indue. DirectCash or Indue may charge you a reasonable administration fee for access. This fee will be advised to you upfront in order for you to determine whether you wish to access your personal information. If you can show that information about you is not accurate, complete and up to date, DirectCash and Indue will take reasonable steps to ensure it is corrected so that it is accurate, complete and up to date.
Collecting your sensitive information
DirectCash and Indue will not collect sensitive information about you, such as health information, without your consent.
24. OTHER GENERAL CONDITIONS
You may not assign your rights under these Conditions of Use to any other person. Indue may assign its rights or transfer the contract to another person where such assignment is to a related party or third party where such third party has a similar or more fair dispute resolution procedures than Indue. If Indue transfers or assigns the rights under these Conditions of Use, these Conditions of Use will apply to the transferee or assignee as if it were named as Indue. If we assign these Conditions of Use, we will provide you with notice and you will be able to cancel your Visa Prepaid Card as a result of this assignment without being charged an Account Closure Fee or any transaction fee in respect of us returning any Value stored on your Visa Prepaid Card to you.
25. DEFINITIONS
AML Legislation means the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) and its associated rules, regulatory guides and regulations.
ATM means an automatic teller machine.
Business Day means a day that banking institutions are open in Brisbane, excluding Saturday, Sunday and public and bank holidays.
Card Limit means the total Value that may be stored on your Visa Prepaid Card at any one time, which as at the date of these Conditions of Use, is $1,000.
Distributor means the organisation that provided you with your Visa Prepaid Card.
Eftpos means Electronic Funds Transfer Point of Sale.
Electronic Banking Terminal means an ATM or eftpos device.
Electronic Transaction means a transaction: (i) initiated by your instruction to purchase goods and/or services using the Visa Prepaid Card and your PIN (or signature depending on the relevant authorisation requirement at the Electronic Banking Terminal); (ii) arising from use of your Visa Prepaid Card; or (iii) arising from information stored on your Visa Prepaid Card.
Expiry Date means the expiry date printed on the front of your Visa Prepaid Card.
PIN means the Personal Identification Number required to be entered by you when using the Visa Prepaid Card for Electronic Transactions (except for transactions requiring a signature and transactions conducted over the internet or telephone). The PIN is set by you at the same time you activate your Visa Prepaid Card and may be changed by you from time to time (refer to section 8).
Reloadable means that additional value may be loaded onto your Visa Prepaid Card from time to time in accordance with these Conditions of Use and provided that the Value stored on your Visa Prepaid Card does not exceed the Card Limit.
Value means the monetary value stored on your Visa Prepaid Card from time to time (expressed in Australian Dollars), that remains available to you.
Visa means Visa Worldwide PTE.
Visa Prepaid Card means the Visa prepaid reloadable card issued by Indue at the request of DirectCash.
We, us, our means individually and collectively Indue and DirectCash.
Website means www.directcashprepaid.com.au.
26. INTERPRETATION
Reference to:
- one gender includes the other;
- the singular includes the plural and the plural includes the singular;
- a party named in these Conditions of Use includes the party’s executors, administrators, successors and permitted assigns;
- money is referring to Australian Dollars unless otherwise stated;
- “Including” and similar expressions are not words of limitation;
- where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
- headings and any table of contents or index are for convenience only and do not form part of these Conditions of Use or affect its interpretation;
- if an act must be done on a specified day which is not a Business Day, it must be done on the next business day.
|