Visa Disclosure


Product Disclosure Statement

 

iChoose Corporately Loaded Visa Prepaid Card

Issuer: Heritage Bank Limited

Date of PDS: 01 November 2018

 

This PDS applies to all iChoose Visa Prepaid Cards issued prior to and after the date of this PDS

This Product Disclosure Statement outlines all functions of the product. Automated Teller Machine (ATM)

access is not enabled on all Card programs and must be requested during your program set up with your

212F Account Manager.

 

 

INTRODUCTION ......................................................................................................................................... 3

About this Product Disclosure Statement.......................................................................................................... 3

Updates Relating to this PDS.............................................................................................................................. 3

General Description of Product.......................................................................................................................... 3

Card Issuer ......................................................................................................................................................... 3

Product Distributor ............................................................................................................................................ 4

Significant Benefits............................................................................................................................................. 5

Significant Risks.................................................................................................................................................. 5

Other importantinformation ............................................................................................................................. 5

Queries and complaints ..................................................................................................................................... 5

TERMS AND CONDITIONS .......................................................................................................................... 6

1. Definitions................................................................................................................................................. 6

2. Introduction .............................................................................................................................................. 7

3. The Cards................................................................................................................................................... 8

4. Cardholders............................................................................................................................................... 8

5. 212F’s Role ................................................................................................................................................ 9

6. Arranging for the Issuing of Cards............................................................................................................. 9

7. Activating and using the Cards.................................................................................................................. 9

8. Funds Credits........................................................................................................................................... 10

9. Fees and charges..................................................................................................................................... 11

10. Limitations on use of Cards........................................................................................................................ 12

11. PIN.............................................................................................................................................................. 13

12. PIN Security Guidelines .............................................................................................................................. 13

13. Liability for Unauthorised Transactions...................................................................................................... 14

14. TransactionHistory .................................................................................................................................... 15

15. Card Expiry.................................................................................................................................................. 15

16. Card Revocation and Cancellation ............................................................................................................. 16

17. Liabilities and Disclaimers .......................................................................................................................... 16

18. Foreign transactions................................................................................................................................... 17

19. Privacy and information collection............................................................................................................. 17

20. Communications........................................................................................................................................ 18

21. Changesto these Terms and Conditions.................................................................................................... 19

22. Parties ........................................................................................................................................................ 19

23. The Website ............................................................................................................................................... 20

24. Governing Law............................................................................................................................................ 20

 

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INTRODUCTION

About this Product Disclosure Statement

This Product Disclosure Statement (“PDS”) has been prepared by Heritage Bank Limited ABN 32 087

652 024, AFSL 240984, Australian Credit License 240984 (the "Issuer") as required under the

Corporations Act 2001.

This PDS is an important document designed to assist you in deciding whether to acquire the financial

product to which it relates – the iChoose Corporately Loaded Visa Prepaid Card (the “Product”).

The information in this PDS does not consider your individual or corporate objectives, financial situation

or needs. Any advice in this PDS is general advice only. You should consider the appropriateness of any

general advice to your circumstances before acting on it.

This PDS is issued and dated 01 November 2018.

Updates Relating to this PDS

Information in this PDS that is not materially adverse information is subject to change from time to

time. You may request a paper copy of this information free of charge by contacting 212F. The

information which the Issuer will make available by way of these updates is subject to change from

time to time.

General Description of Product

The Product is a Corporately Loaded Visa Prepaid Card. Value can be loaded to the Card by the Corporate

and then the Card can be used by the cardholder to access its available balance anywhere in the world

where Visa Prepaid Cards are accepted. The product is not a credit or charge Card and the Card balance

does not earn interest. The acquisition of, or value loaded to, the Card does not represent a deposit with,

or investment, in Heritage.

Card Issuer

The Issuer of the Card is Heritage Bank Limited ABN 32 087 652 024, AFSL 240984, Australian Credit Licence

240984 and if you acquire the product you will have a contract with Heritage. Heritage is an authorised

deposit taking institution holding an authority to carry on banking business in Australia and issues the product

under arrangements between it and OXYGEN.

The Issuer is a member of Visa and is responsible for the settlement of transactions using the product,

but may outsource these functions to service providers.

Heritage can be contacted via:

Mail: PO Box 190, Toowoomba, Qld 4350, Australia

Phone: 13 14 22

 

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Product Distributor

Oxygen Global Pty Ltd ABN 41 162 667 843, AFSL 452 187 (OXYGEN) is the holder of Australian Financial

Services Licence number 452187. Under its AFSL, OXYGEN is authorised to provide general financial product

advise for the following classes of financial products:

1. Deal in a financial product by:

(i) Issuing, applying for, acquiring, varying or disposing of a financial product in respect of the

following classes of financial products:

 

o Deposit and payment products limited to non cash payment products and

(ii) Applying for, acquiring, varying or disposing of a financial product on behalf of another

person in respect of the following classes of products:

 

o Deposit and payment products limited to non cash payment products; to retail

and wholesale clients.

 

OXYGEN can be contacted via:

Mail: PO Box 6091, Melbourne, Vic 3004, Australia

Email: info@oxygen-global.com

212F Pty Ltd ABN 70 106 450 631 (“212F”) is a loyalty, reward and recognition solution provider and an

authorised representative of OXYGEN (authorised Representative number 1263790). 212F is authorised

by OXYGEN to arrange for the distribution of the payment product. When providing financial services in

relation to the payment product, it acts on behalf of OXYGEN.

212F can be contacted via:

Mail: PO Box 6091, Melbourne, VIC 3004, Australia

Phone: Monday to Friday between 9am and 5pm (EDST) on 1300 424 667

Email: info@212f.com.au

Internet: www.212f.com.au

212F is not the issuer

OXYGEN and Heritage are unrelated companies in that they are independently managed and neither

owns the other. OXYGEN does not act as Heritage's agent when it fulfils its roles and responsibilities in

relation to the Product. They act on their own behalf.

Neither 212F, OXYGEN, nor anyone else acting on their behalf of either entity, has the authority on behalf

of Heritage to:

• Tell you anything about the Product that is inconsistent with the information in this PDS;

• Give you financial product advice (that is, a recommendation or statement of opinion intended

or that could be reasonably regarded as being intended to influence you in making a decision)

about the Product.

• Do anything else on Heritage's behalf, other than marketing, arranging for the issue of and

providing customer services for the Product.

 

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If you have been told anything that is inconsistent with this PDS, or if you have been given any financial

product advice by OXYGEN, or anyone seeming to act on behalf of Heritage, you should NOT rely on it in

making any decisions about the Product. You should only rely on what is in this PDS.

Significant Benefits

The significant benefits of the Product are:

o Cards can be issued to your employees, customers, distributors or beneficiaries who can

then undertake transactions using the Cards. The Cards access the same aggregate balance.

o The Product is a VISA Prepaid Card which means that it can be used to buy goods and

services from merchants in Australia and around the world who accept Visa Prepaid Cards

for electronic transactions.

o The card can be used to make purchases online at merchants who accept VISA Prepaid

Cards for electronic transactions.

o The Cards can either be reloadable or single load gift Cards.

o The Cards can either be ATM enabled or for Point of Sale purchasing only.

Significant Risks

The significant risks associated with the Product include:

o Unauthorised transactions can happen using a Card if it is lost or stolen, a personal

identification number (PIN) is revealed to an unauthorised person, as a result of fraud or if

you or a Cardholder breach the terms and conditions of the product outlined in this PDS.

o Unintended transactions can happen if electronic equipment with which a Card is

being used is operated incorrectly or incorrect details are input.

o The Cardholder may not be able to get their money back if unauthorised or unintended

transactions occur.

o If the electronic network enabling the use of the Card is unavailable, a Cardholder

may not be able to undertake transactions or get information using the Card.

o A Card could be lost, destroyed or stolen.

o You allow people to become Cardholders at your own risk. This means that you are

responsible for any transactions the Cardholders undertake, regardless of whether you

authorised the cardholders to undertake the transactions.

 

Other important information

There are some other important things that you need to be aware of about the Product:

o It does not generate any interest or other return to you or the Cardholder. In other words,

you or the Cardholder does not earn interest on the funds available to be used.

o Although Heritage is an authorised deposit-taking institution carrying on banking

business in Australia, the Cards are not backed by a deposit account with Heritage.

o You do not become a depositor with Heritage by holding the Product. If you have

another deposit account with Heritage, the funds credited to your Cards are not counted in

working out how much money you might have on deposit with Heritage for any purpose.

 

Queries and complaints

• If you have a query about the Product, you should initially direct the query to 212F through

your account manager or by phoning 1300 424 667.

 

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• If you have a complaint relating to the Product, you should contact OXYGEN. OXYGEN will

handle all complaints that are referred to it according to their internal dispute resolution

procedure.

• OXYGEN’s dispute resolution procedure requires that they seek to resolve your complaint

within 21 days, although it is not always possible to do so.

• If OXYGEN is unable to resolve your complaint to your satisfaction within 45 days, you may

be eligible to escalate the complaint to the Issuer’s external dispute resolution service. The

period of 45 days may be extended in exceptional circumstances or where the Issuer decides

to resolve the complaint under the rules of the Visa scheme.

Both OXYGEN and Heritage are members of the Australian Financial Complaints Authority (AFCA) whose

contact details are below:

Financial Complaints Authority (AFCA) Mail: Australian Financial Complaints Authority

GPO Box 3, Melbourne, VIC 3001

Phone: 1800 931 678

Web: www.afca.org.au

Email: info@afca.org.au

 

TERMS AND CONDITIONS

 

1. Definitions

• “212F” - 212F Pty Ltd ABN 70 106 450 631.

• “Activate” - means a Cardholder going to the Website or telephoning the IVR Number and

following the instructions given on that website which enable the Cards to be loaded with funds

and subsequently used for transactions.

• “Aggregate Balance” - means the total of all Available Balances.

• “ATM” - means an automated teller machine that accepts Cards with the Visa brand for cash

withdrawals. ATM enabled Cards only

• “Available Balance” - for a Card, means the monetary value recorded by us or our agent as

available to the Cardholder for transactions using the Card, as denominated in Australian

dollars, less any purchases, authorisations, cash withdrawals, fees and charges or other amounts

debited under these Terms and Conditions.

• “Card” or “Cards” - means each prepaid Visa Card, as set out in the agreement between

you and the Issuer governed by these Terms and Conditions.

• “Cardholder” - means a person to whom a Card is issued.

• “Client” means the corporate loading the funds to the card.

• “Customer Assistance” - means the phone number as printed on the back of your Card

and any additional or replacement phone number or numbers we notify to you as customer

assistance numbers for the purposes of these Terms and Conditions from time to time.

 

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• “Distributor” – means 212F

• "ePayments Code" - means the ePayments Code issued by the Australian Securities and

Investments Commission in September 2011 (as amended from time to time) which regulates

consumer electronic payments.

• “Funds Credit” - means the loading of funds available for transactions using a Card.

• “Identifier"- means information that a Cardholder knows but is not required to keep secret and

which must be provided to perform a transaction (for example, a Card number)

• “Issuer” - means Heritage Bank Limited ABN 32 087 652 024 AFSL 240984.

• “IVR Number” - means the phone number as printed on the back of the Card and any

additional or replacement phone number or numbers we notify to you as IVR (interactive

voice response) numbers for the purposes of these Terms and Conditions from time to time.

• “Negative Balance” – for a Card, means a negative rather than positive Available Balance,

arising because the debits using the Card exceed the total Funds Credits for that Card.

• “Notice” – means the notice period and form described in clause 16.

• “PIN” – means a Card’s personal identification number.

• “Terms and Conditions” – means these terms and conditions.

• “Security Requirements” – means the Security Requirements described under clause 8

“Security of Cards and PIN”

• “Unauthorised Transaction” – means a transaction not authorised by the Cardholder, but does

not include any transaction carried out by the cardholder or by anyone performing the

transaction with the cardholders knowledge and consent.

• “we/us/our” – means the Issuer.

• “Website” – means the website p r i n t e d o n t h e b ac k of t he C ar d and any additional

or replacement website we notify to you as the website for the purposes of these Terms and

Conditions from time to time.

• “you/your” – means the person or company entering into the agreement governed by these

Terms and Conditions and named in the application form.

The singular includes the plural and vice versa.

References to days, times or periods of time in these Terms and Conditions are reckoned according

to Australian Eastern Standard Time.

2. Introduction

• These Terms and Conditions govern the use of the Cards. Please read them carefully and keep

a copy for your records. By requesting the issue of a Card to a Cardholder, giving a Card to a

Cardholder, Activating a Card or a Cardholder using a Card, you agree to be bound by these

Terms and Conditions (but these are not the only ways that you can be taken to have agreed to

be bound by these Terms and Conditions).

• Each Cardholder must activate the Card before it is used.

• Each Cardholder must sign the back of the Card before it is used.

 

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• Allowing a Cardholder or someone else to use a Card is completely at your discretion. All

transactions using the Cards (whether by you, a Cardholder or someone else) are your

responsibility.

• By agreeing to these Terms and Conditions, you agree that you are financially responsible

for all uses of the Cards.

• The agreement between you and Heritage and governed by these Terms and Conditions

is entered into on the basis, and you represent to and agree with the Issuer, that:

o you are a business;

o you are entering into the agreement primarily for business purposes

o the issue and use of the Cards will be primarily for business purposes

• By agreeing to these Terms and Conditions, you also:

o acknowledge that you have been given a copy of the Product Disclosure

Statement (PDS) in which these Terms and Conditions are included, and;

o acknowledge and agree to the information and disclosures contained in the PDS.

• Those disclosures and information form part of the agreement between you and the Issuer

except to the extent that these Terms and Conditions provide otherwise or qualify the

disclosures and information.

3. The Cards

• The Cards are Visa Prepaid Cards and a Card’s Funds Credit must be loaded before it will form

part of the Card’s Available Balance and before the Card is used.

• The Cards allow purchases to be made wherever Visa Cards are honoured if a sufficient

Available Balance exists. The Cards are not credit Cards.

• The Cards remain the property of the Issuer and you must ensure that you and each Cardholder

surrender them to the Issuer if we or our agent ask for them to be surrendered.

• If the Cards are to be branded with any name or logo other than that of the Issuer;

o you grant to the Issuer a licence to use that name or logo on Cards, and;

o you warrant that you are legally entitled to grant that licence to the Issuer.

 

4. Cardholders

• It is your responsibility to ensure that Cardholders comply with these Terms and Conditions.

Any act or omission of a Cardholder is taken to be your act or omission, regardless of whether

you specifically authorised it.

• You must not represent to any Cardholder that any Available Balance belongs to the Cardholder.

• If you’re arranging for a Card to be made available to a Cardholder for the purpose of satisfying

a liability of yours (or of anyone else’s) to pay money to the Cardholder, you must:

o disclose to the Cardholder that the Available Balance does not belong to the

Cardholder before the Cardholder agrees to accept the Card;

o Disclose to the Cardholder that if the Card expires or is cancelled or revoked, no

remaining Available Balance or other amount will be payable to the Cardholder by the

Issuer;

o ensure that your (or the other person’s) liability to pay money to the

Cardholder is satisfied, and;

o indemnify the Issuer against any claim, loss, damage or liability arising because

of, or attributable to, any breach by you of these Terms and Conditions.

 

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5. 212F’s Role

• From the time that you become bound by these Terms and Conditions, 212F acts as your

agent and not as the Issuer’s agent. This means that:

o when 212F deals with the Issuer (or vice versa) as contemplated by these Terms and

Conditions, 212F acts on your behalf. As between you and the Issuer, you are solely

responsible for 212F’s acts and omissions and;

o The terms on which 212F acts as your agent, as between you and 212F, are a

matter for you and 212F and will be governed by any agreement between you and

212F. Any agreement between you and 212F does not affect the Issuer.

 

6. Arranging for the Issuing of Cards

• The Issuer will issue a Card to a Cardholder when the Issuer (or an agent of the

Issuer nominated by the Issuer to 212F) receives instructions from 212F to do so.

• The Issuer may require those instructions to be given in a particular way or to include particular

content, but is not liable to you if it acts on instructions that are not given in any particular way

or that do not include any particular content.

7. Activating and using the Cards

• A Cardholder can activate the Card issued to him or her at the Website or by phoning

the IVR Number. Fees apply to calls to the IVR Number.

• The Cards can be used anywhere Visa Cards are accepted to pay for goods and services,

including online purchase transactions.

• A Cardholder must not make or attempt to make transactions that exceed the

Available Balance for the Card issued to that Cardholder.

• If a Cardholder makes or attempts to make any transactions that exceed the Available

Balance for the Card issued to that Cardholder, then you will be liable for any Negative Balance

plus a fee charged by us, along with any costs or interest we incur in recovering or attempting

to recover from you the amount you owe us. This is the case even if the Cardholder rather than

you has caused the Negative Balance to arise.

• If a Negative Balance arises, that does not mean that a Negative Balance will be allowed to

arise or be increased on subsequent occasions. This is the case regardless of whether you

have been charged a fee relating to the Negative Balance arising.

• A Cardholder can use the Card as often as he or she likes, provided that the Cardholder

does not exceed the Available Balance for the Card issued to that Cardholder and the expiry date

for the Card has not passed.

• We may restrict or stop the use of a Card (or all Cards) if excessive use of a Card or other

suspicious activities are noticed.

• You or a Cardholder cannot “stop payment” on any transaction after it has been completed.

If you or a Cardholder have a problem with a purchase made with a Card, or a dispute with a

merchant, you or the Cardholder must deal directly with the merchant involved. If you or

the Cardholder cannot resolve the dispute with the merchant, you can contact 212F through

the Website or Customer Assistance. You should not, in any circumstances, contact Visa.

• If you or a Cardholder are entitled to a refund for any reason relating to a Card transaction,

you agree to accept the refund under the policy of that specific merchant. Refunds

 

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may be in the form of a credit to the Card, cash refund or in-store credit. If a Card expires or

is revoked before any Funds Credit resulting from a refund has been spent (whether or not

the original transaction being refunded was made using the Card) then neither you nor the

Cardholder will have any access to those funds.

• We are not liable in any way when authorisation is declined for any particular transaction

regardless of reason.

• Prepaid Cards can be used at ATM’s that accept Visa Cards if your program set up permits. Fees

and chargesapply. These are in addition to any other fees that may vary by each ATM operator.

• All ATM fees and charges will be automatically debited against the Available Balance for the

relevant Card. After the amount available on a Card has been exhausted or if there are

insufficient funds, ATM transactions with that Card will be declined.

• You are responsible for all transactions using the Cards.

• If you or a Cardholder permit someone else to use a Card, you will be responsible for any

transactions initiated by that person with the Card.

• You or a Cardholder may not make pre-authorised regular payments using a Card.

• The Cards may not be accepted by merchants for transactions over the internet.

8. Funds Credits

• Funds Credits can be loaded only as specifically provided in these Terms and Conditions. This

is not a facility by which the Issuer takes other deposits from you. For example, you will not

be able to load Funds Credits at the Issuer’s branches or other outlets.

• The Issuer will load a Funds Credit to a Card when the Issuer (or an agent of the Issuer

nominated by the Issuer to 212F) receives instructions from 212F to do so and receives the

amount of the Funds Credit in clear funds.

• Funds Credits can only be loaded to Cards that have not expired or been cancelled.

• The Issuer may require those instructions to be given in a particular way or to include particular

content, but is not liable to you if it acts on instructions that are not given in any particular way

or that do not include any particular content.

• The minimum Funds Credit that can be loaded at any one time is $1.00 (Australian dollars).

• The maximum Funds Credit that can be loaded to a standard Card at any one time is:

o $10,000.00 (Australian dollars); or

o an amount that will not make the Available Balance exceed $10,000.00 (Australian

dollars) whichever is less.

 

• A Card’s Available Balance must never exceed $10,000.00 (Australian dollars) under the

standard Card program. Any Funds Credits that cause the Available Balance of any one Card

to exceed $10,000.00 will be rejected or returned. If individual cardholders want to allow the

corporate to load a higher value on their Card then they can apply for the 'Upgraded Card' at

the Website. Cardholders will be required to provide further documentation and have their

identity verified [via the website] or [if this is not possible, by sending appropriate

documentation to Oxygen to confirm their identity]. See below the table of card Limits:

 

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Descripton Standard Card Upgraded Card

Max Card Balance (At any time) $5,000

Max Card Load (Card Life) $50,000 $150,000

ATM Withdrawal Limit* $500 (per day) $1,000 (per day)

Max Purchase Transaction Limit (24 hour

period)

 

$5,000

 

• The maximum total Funds Credits that can be loaded to a standard Card in a 12-month period

is $50,000.00 (Australian dollars).

• Each time Funds Credits are loaded on a reloadable Card, a funds

 

loading fee applies.

• A Funds Credit will become available for use when the Issuer receives the amount of the Funds

Credit in clear funds.

9. Fees and charges

• You agree to pay us the fees and charges provided in these Terms and Conditions.

• Whenever any of those fees and charges is incurred in relation to a Card, you authorise

us to deduct it from the Available Balance for that Card and reduce that available balance

accordingly.

• All fees and charges are expressed in Australian dollars and are inclusive of any applicable

GST.

The fees and charges:

ONLINE FEES

Available Balance enquiry No charge

Online enquiry No charge

TELEPHONE SUPPORT FEES

Automated telephone enquiry via IVR Number $1.20

Live operator customer service call to Customer

Assistance (This fee will not be charged in circumstances where the telephone call to

iChoose customer support relates to a complaint (including Card dispute and

unauthorised transaction queries)

 

$3.99

 

AUTOMATIC TELLER MACHINE FEES (ATM enabled Cards only)

Domestic ATM fees Vary per operator

ATM Transaction Fee (Domestic) $1.75

ATM transaction fee (outside Australia) $2.50

Declined ATM withdrawal fee $0.75

 

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ATM balance enquiry fee $0.75

OTHER FEES

Lost or stolen Card replacement fee $15.00

Monthly Maintenance Fee. Charged from the 7th month from issue

(Single load Cards only)

 

$2.50 per month

 

Card Declined Fee. Should a Card be declined for insufficient funds or

incorrect PIN (per transaction)

 

$0.15

Card to Card transfer. Program dependent $1.00

Card Upgrade Fee (To perform KYC on the cardholder) $3.95

Transaction Reversal Fee $7.50

Chargebacks $15.00

Mobile App Login Fee. Program dependent $0.15

iCoupons. Program dependent $0.50

Foreign exchange fee (if Card is used for purchases or withdrawals in any

currency other than Australian dollars or purchases with any merchant

located outside Australia)

 

4.5% of the Australian dollar

amount of the transaction

 

Fee charged on expiry of a Card The Available Balance of the

Card at the time of its expiry

 

Any government duty, tax or charge relating to the Cards or any

transaction

 

The amount of the duty, tax or

 

charge

 

10. Limitations on use of Cards

• The following limitations apply to the Cards:

o When buying petrol, the Cardholder must pay for the petrol purchase at the petrol

station counter and not at any automated fuel dispensers (i.e. not at the pumps).

o The Cards may not be used for, and authorisation may be declined for, any illegal

transactions. Authorisation may be declined for any Internet gambling transactions.

o When using the Cards with some merchants (such as hotels, rental car companies,

restaurants, cruise ships) or for mail order purchases, Card “tolerance limits” may apply.

This means that the merchant may obtain an authorisation or approval on the Card for

an amount up to 10% more than the total bill (or anticipated bill) to cover additional items

such as tips and incidentals or to ensure that adequate funds are available to cover the final

purchase. The entire amount of the authorisation or approval will be debited and will

not form part of the Available Balance until the authorisation or approval clears, although

 

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only the amount actually spent or authorised will be finally deducted from the Available

Balance after the authorisation or approval clears.

• Periodic transaction limits apply to the Cards. These limits are as follows:

o Purchases made at Visa merchants in a 24 hour period are limited to $5,000 (Australian

dollars).

o ATM withdrawals in a 24 hour period are limited to the lower of $500 (Australian dollars)

or any withdrawal limits set by the individual ATM operator. ATM Programs only.

 

11. PIN

• The PIN for each Card will be set at the time of Activation of the Card.

• A Cardholder may change the PIN for the Card issued to that Cardholder, either online at

the Website or by phoning Customer Assistance listed on the back of the Card. Charges apply

when changing a PIN via phone.

• If a Cardholder forgets a PIN, they will need to phone Customer Assistance. Charges

apply.

• Should an incorrect PIN be entered three times when a transaction is attempted using a

Card, the Card will be temporarily blocked. You will need to call Customer Assistance to unblock

your Card.

• Should a Card be retained by any ATM, the Card is deemed to be lost or stolen and hence

cannot be recovered. In that event, you or the Cardholder will need to contact Customer

Assistance and arrange to be issued with a new Card. Fees and charges apply.

12. PIN Security Guidelines

• The Cardholder must promptly notify 212F if:

o the Card is misused, lost or stolen;

o the Card is damaged or not working properly;

o the security of the Card, CHIP or PIN is breached in any way, or;

o there is reason to believe any of the above might occur or might have occurred.

• Where a Card has an embedded electronic microchip:

o The Cardholder must ensure that the chip is protected from misuse, tampering, damage,

destruction, unauthorised use or removal from the Card: and

o No one other than the Cardholder may use the chip; and

o If you or the cardholder are required under these terms and conditions to destroy the Card,

you must do so by cutting the chip in half.

• The notification can be made by phone to Customer Assistance. The notification must then be

confirmed in writing. We may require the written confirmation to be made on a particular form

or sent to a particular address.

• The cardholder may request a replacement for the Card if it is lost or stolen, but we reserve the

right, in our sole discretion, to decide whether to issue a replacement Card. If we do issue a

replacement Card, the remaining Available Balance will be reinstated after any transactions

(including Unauthorised Transactions for which you or the cardholder are liable under these

Terms and Conditions or the Product Terms and Conditions) or other amounts that we are

entitled to debit against the Available Balance, together with the fee relating to the reissue of

 

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the Card, have been deducted.

• The cardholder must make sure that the Card and PIN are kept safe and secure. The precautions

we require the cardholder to take ("Security Requirements") are set out below:

• The Cardholder must not:

o allow anyone else to use the Card;

o interfere with any magnetic stripe or integrated circuit on the Card;

o unnecessarily disclose the Card number;

o write the PIN on the Card;

o carry the PIN with the Card;

o record the PIN on anything carried with the Card or liable to loss;

o voluntarily disclose the PIN to anyone, including a family member or friend;

o act with extreme carelessness in failing to protect the security of the PIN;

• You and the Cardholder must comply with any instructions we give about any Security

Requirements and in keeping the Card safe and secure.

13. Liability for Unauthorised Transactions

• The cardholder may be responsible for some of the losses occurring as a result of Unauthorised

Transactions performed with the Card. This may result in the Available Balance being reduced

accordingly.

• The cardholder will not be liable for losses resulting from Unauthorised Transactions where

neither you nor the Cardholder have contributed to the loss.

• The Cardholder will not be liable for losses resulting from Unauthorised Transactions that are

caused by the fraudulent or negligent conduct of:

o our staff or agents;

o companies involved in networking arrangements; or

o Merchants who are linked to the Electronic Funds Transfer system or of their agents or

employees.

• The Cardholder will not be liable when Unauthorised Transactions:

o happen after notification to us that any Card has been misused, lost or stolen or that the

security of the relevant PIN has been breached;

o result from the use of the Card before you or the Cardholder have received the Card and or

PIN (including a reissued Card and/or PIN);

o are made with forged, faulty, expired or cancelled Cards or numbers (as applicable) when

neither you nor the Cardholder were responsible for this;

o are made using an Identifier without a Card or PIN;

o are the result of the same transaction being incorrectly debited more than once to the same

Available Balance;

• Where we can prove on the balance of probability that you or the Cardholder contributed to the

losses resulting from Unauthorised Transactions through fraud; or; by failing to comply with the

Security Requirements.

 

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• However; you will not be liable for any loss on any day, or in any period, exceeding any applicable

transaction limit for that day or period and you will not be liable for loss in excess of the Available

Balance on the Card.

• If you or a Cardholder leave a Card in an ATM, you will be liable for all losses arising from

Unauthorised Transactions in relation to your Card as long as the ATM incorporates reasonable

safety standards that lessen the risk of your Card being left in the ATM (e.g. ATM's that capture Cards

that aren't removed or which require a user to swipe and then remove a Card before commencing

the transaction.

• You or the cardholder will be liable for losses resulting from Unauthorised Transactions where we

can prove on the balance of probability that you or the cardholder have contributed to the losses

though unreasonably delaying notification of the misuse, loss or theft of a Card or that the security

of the relevant PIN has been breached. The liability in this case is limited to losses occurring between

the time that you or the cardholder became aware of the security compromise or should reasonably

have become aware in the case of a lost or stolen Card but you or the cardholder will not be liable

for any loss on any day, or in any period, exceeding any applicable transaction limit for that day or

period and you or the cardholder will not be liable for loss in excess of the Available Balance of the

Card.

• If it is unclear or not, you or the Cardholder, contributed to the loss caused by an Unauthorised

Transaction that required a PIN, the amount of your liability will be limited to the least of:

o $150

o the actual loss at the time we're notified that the security of the PIN was breached, or the

Card has been lost, stolen, or used without your permission (limited by the applicable daily or

period transaction limits over the relevant timeframe) and;

o the available balance of the Card

14. TransactionHistory

• No periodic statements of the Card’s transactions will be issued.

• Cardholders can check the Available Balance and the Card’s transaction history 24 hours a day,

7 days a week at the Website.

• Cardholder may also learn the Available Balance and the Card’s transaction history by phoning

Customer Assistance. Fees apply.

• If you notice any error (or possible error) in any transaction or statement relating to the Card,

then you must notify Customer Assistance immediately either by phone or through the Card

website. We may request you or the Cardholder to provide additional written information

concerning any error (or possible error) and you or the Cardholder must comply with that

request. You or the Cardholder must submit a transaction query within 90 days from the time

of the transaction.

15. Card Expiry

• The Card is valid until the expiry date shown on it.

• The Card cannot be used after expiry.

• At expiry of the Card, we will charge a fee equal to the Available Balance, reducing its Available

Balance to zero. We will not give you or the Cardholder any notice before this happens.

 

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TIPS ON AVOIDING OR MINIMISING THE FEE

o The effect of charging this fee on expiry of the Card is to reduce the Available Balance to

zero. In other words, the Available Balance is forfeited.

o Alternatively, by undertaking transactions before the Card expires, the Available Balance on

expiry can be minimised.

 

16. Card Revocation and Cancellation

• We may revoke a Card (or all Cards) at any time without cause or notice. If we or our agent

ask you or a Cardholder to, you must ensure that any revoked Card is surrendered or destroyed

and that it is not used after it is revoked. When a Card is surrendered, you or the Cardholder

surrendering the Card must give us your or their correct name and contact address.

• 212F may, on your behalf, ask for a Card to be cancelled at any time. If 212F asks for a Card to

be cancelled and we or our agent ask you or the relevant Cardholder to, you must ensure that

the cancelled Card is surrendered or destroyed and that it is not used after it is cancelled.

• On the revocation or cancellation of a Card, we will pay the Available Balance for that Card to

212F when:

o we are satisfied that there are no un-cancelled or un-expired authorisations or approvals on

the Card;

o we are satisfied that there are no further amounts that we will be debiting, or that we

anticipate debiting, against the Available Balance for the Card;

o if we require it, we have received the surrendered or cancelled Card from you or the

Cardholder concerned;

o and 212F gives us instructions, on any form we require, for the payment of the Available

Balance.

• The Issuer may require a request for the cancellation of a Card, or instructions for the payment

of a Card’s Available Balance, to be given in a particular way or to include particular content but

is not liable to you if it acts on instructions that are not given in any particular way or that do

not include any particular content.

17. Liabilities and Disclaimers

• We are not liable:

o if through no fault of our own, the Available Balance is not enough to cover a transaction using

the Card;

o if a terminal or system does not work properly;

o if circumstances beyond our control prevent a transaction, despite any reasonable

precautions having been taken by us;

o for any failure due to events outside our reasonable control;

o for any industrial dispute;

o for any ATM refusing to or being unable to accept the Card;

 

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o for the way in which any refusal to accept the Card is communicated to you;

o for any indirect, special or consequential losses;

o for any infringement by you of any currency laws in the country where the Card is issued or

used;

o for any dispute between you and the supplier of any goods or services purchased with the

Card;

o for taking any action required by any government, federal or state law or regulation or court

order, or;

o for anything specifically excluded or limited elsewhere in these Terms and Conditions.

• Our liability in any event shall not exceed the amount of the Available Balance.

• If any warranties or conditions are implied because of Part 2 of the Australian Securities and

Investments Commission Act 2001 or any similar law in respect of services supplied under these

Terms and Conditions or in connection with the Card, then our liability for a breach of such a

warranty or condition will in any event limited to:

o the supplying of the services again, or;

o the payment of the cost of having the services supplied again.

• The Issuer is not responsible for any Card lost or stolen in transit to you.

• The Issuer:

o does not make or give any express or implied warranty or representation in connection with

the Card (including the Card type, quality or standard of fitness for any purpose); and

o is not liable for any loss you suffer (including indirect or consequential loss) arising in

connection with the Card (whether a failure to provide the Card or its loss, theft or

destruction).

• All conditions, warranties or other terms implied by law are excluded to the fullest extent

permitted by applicable laws and regulations.

• Any failure or delay to enforce a term of these Terms and Conditions does not mean a waiver of

them.

18. Foreign transactions

• The Available Balance is in Australian dollars.

• Transactions made in a currency other than Australian dollars will be subject to the prevailing

Visa exchange rate at the time plus a 4.5% foreign exchange fee.

19. Privacy and information collection

• 212F and the Issuer, (in this clause, referred to as "we"), collect your personal information so

that we can establish and administer the Card provided to you. We may also use your personal

information to tell you about products and services offered by us or our affiliate companies and

to conduct customer satisfaction surveys to improve our products and services.

• The Issuer is also required by the Anti-Money Laundering and Counter-Terrorism Financing Act

2006 to collect personal information to identify you and verify your identity.

• Without your information we cannot make the Card available to you.

• If you provide us with personal information about someone else, you should ensure that you

are authorised to do so and agree to inform that person of the contents of this notice.

 

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• We may exchange your personal information with each other and with third parties in the

normal operations of our business, for example with our corporate partners and affiliates,

related companies and agents, government agencies, service providers (such as auditors, IT

support and mailing houses) and providers of services which protect against potential fraud and

other crimes. If you owe us money, we may also exchange your information with entities such

as lawyers and debt collectors.

• We also disclose your personal information overseas to countries including New Zealand,

Singapore, India, China, the UK, France and the US.

• By receiving the Card you consent to us collecting, using and disclosing your personal

information under these terms and conditions in the manner described above.

• Our Privacy Policies set out how you can access and correct information we hold about you, how

you can complain about a breach by us of your privacy rights and how your complaint will be

handled. Our Privacy Policies are available at:

o Issuer: www.heritage.com.au

o 212F: www.2one2f.com

• You may contact the Issuer's Privacy Officer in relation to your personal information (or to opt

out of marketing) on 131422 or feedback@heritage.com.au

• You may contact 212F in relation to your personal information at info@ichoosecard.com.au

20. Communications

• You agree that we may give written notices or other communications to you under or in

connection with these Terms and Conditions (“Notice”) either:

o by writing to you at your residential or postal address last known to us;

o by giving it to you personally or leaving it at your residential or postal address last known to

us;

o by electronic communication to your e-mail address or fax number last known to us or which

you last gave us for sending notices and communications to you, or;

o if the notice or communication is not personal to you – by publishing a notice in a newspaper

circulating nationally in Australia.

• If we give a notice or other communication to you by e-mail, the content of the notice or

communication may be:

o set out in the body of the e-mail;

o included as an electronic document attached to the e-mail, or;

o made available at the Website for retrieval by you (with the e-mail advising you of this and of

the general nature of the information and giving you the ability to readily retrieve the

information electronically).

• If we give a notice or other communication to you:

o by writing to you – you are taken to have received it when it would be delivered in the ordinary

course of the post;

o by giving it to you personally or leaving it for you – you are taken to have received it on the

day of delivery, or;

 

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o electronically – you are taken to have received it on the day it is transmitted.

In addition to the ways set out in these Terms and Conditions, we may give you a notice or other

communication by using any method allowed or required by a law. If a law requires us to use a

particular method, we will do so.

• You agree that, for telephone communications originated or received by us or Customer

Assistance or through the Website, and for electronic communications received by us or

Customer Assistance or through the Website, we or Customer Assistance or the operator of the

Website:

o may verify your identity by reference to any or all the information given by you or the Client

when applying for the Card or during Activation or at any other time, or any changes made to

this information; and

o may proceed on the basis that we or they are dealing with you if satisfied by that verification.

• You must notify us immediately of any change to your address and other contact details either

through the Website or by contacting Customer Assistance. You should also contact Customer

Assistance if you change your name. We will not be responsible if you do not receive any notice or

correspondence that has been sent in accordance with the contact details you have provided.

21. Changesto these Terms and Conditions

• We may change these Terms and Conditions at any time. A change may:

o change the fees payable under these Terms and Conditions or bring in new fees;

o bring in new Terms and Conditions;

o alter these Terms and Conditions in some other way.

o We will notify you in advance of most changes, which will take effect no earlier than 20 days

after the notification.

• However, changes necessitated by an immediate need to restore or maintain the security

of the system in which the Cards are used can take be made earlier or without notification.

• Apart from that, these Terms and Conditions can only be changed in writing. A change is

not effective unless we give a written notification of it or we agree in writing to it.

22. Parties

• The Issuer has the right to transfer the agreement between you and the Issuer, governed

by these Terms and Conditions, at any time.

• If the Issuer doesthis, the party to which the agreement istransferred assumes all of the Issuer’s

rights and obligations under the agreement. From then on, references in these Terms and

Conditions to the Issuer or us are to be read as references to the party to which the agreement

was transferred.

• You cannot transfer any of your rights or obligations under the agreement.

• The Issuer may use service providers or agents to perform any function under the agreement

and to exercise any or all of the Issuer’s rights.

 

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23. The Website

• Although considerable effort is expended to make the Website and any other operating

communication channels available at all times, no warranty is given that these channels will be

available and error free every minute of every day.

• You agree that the Issuer is not responsible for temporary interruptions in service due to

failure beyond their control including, but not limited to, the failure of interconnecting

operating systems, computer viruses, forces of nature, labour disputes and armed conflicts.

• The Issuer does not maintain the Website. You agree that the Issuer is not responsible for any

content on the Website other than content relating specifically to you, the Available Balance

or the Cards.

24. Governing Law

• Any legal questions concerning these Terms and Conditions, the agreement between you and

the Issuer (which is governed by these Terms and Conditions) or the Cards will be decided under

the laws of Queensland, Australia.

• Any legal proceedings concerning these Terms and Conditions, the agreement between you

and the Issuer (which is governed by these Terms and Conditions) or the Cards may be

conducted in the courts at Brisbane, Queensland, Australia.