PRODUCT TERMS AND CONDITIONS

These Terms and Conditions apply to the Qwikcilver Australia Open Loop Gift Card (Card) issued by Qwikcilver Solutions Pty Ltd (ABN 66 640 002 473), a principal member of Mastercard. By purchasing, receiving, activating, registering for or using the Card, you agree to be bound by these Terms and Conditions. Activation of the Card constitutes your acceptance of these Terms and Conditions.

These Terms and Conditions are not financial advice and do not take into account your objectives, financial situation or needs. You should consider whether the Card is appropriate for your circumstances before acquiring or using it.

1. Definitions

(a) “Activation” means the process of making the Card ready for use after purchase in accordance with these Terms and the instructions notified at the time of purchase or delivery.

(b) “AML/CTF Act” means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), as amended from time to time.

(c) “AML/CTF Laws” means the AML/CTF Act, any rules made under it, and procedures or requirements mandated by AUSTRAC from time to time, as amended.

(d) “APPs” means the Australian Privacy Principles set out in Schedule 1 to the Privacy Act 1988 (Cth).

(e) “Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

(f) “Australian Privacy Act” means the Privacy Act 1988 (Cth).

(g) “Australian Privacy Laws” means the Australian Privacy Act and the APPs.

(h) “Card” means the Qwikcilver Australia Open Loop Gift Card issued by Qwikcilver Solutions Pty Ltd, a principal member of Mastercard, in accordance with the Mastercard Scheme Rules and, where applicable, includes any virtual or digital representation of that Card.

(i) “Cardholder” means the person who has purchased or received the Card and is authorised to use it in accordance with these Terms and Conditions.

(j) “Excluded Merchant” means any merchant that does not accept prepaid cards, refuses split payment, imposes card-type restrictions, or falls within a prohibited merchant category or prohibited transaction category notified by us from time to time.

(k) “Expiry Date” means the date on which the Card will no longer be valid for use, as printed on the Card, displayed in the relevant app or portal, or otherwise notified to the Cardholder.

(l) “Issuer / we / us / our” means Qwikcilver Solutions Pty Ltd (ABN 66 640 002 473), and includes our authorised service providers or distributors where the context requires cardholder servicing or operational support.

(m) “Laws” means all applicable Australian laws, regulations, codes, guidelines, policies, protocols, approvals and directions of any governmental, regulatory or supervisory authority that are binding on us or on the Card program.

(n) “Mastercard” means Mastercard ASIA/PACIFIC PTE LTD (ABN 53 143 050 043) and includes the relevant Mastercard network and scheme infrastructure as applicable.

(o) “Merchant” means any retailer, business or organisation that accepts Mastercard payments and allows transactions using the Card, subject to its own acceptance policies.

(p) “PIN” means any personal identification number, passcode or other security credential associated with the Card and required to complete certain transactions, if applicable to the Card.

(q) “Privacy Policy” means our privacy policy, as updated from time to time, available at [insert privacy policy link].[PLL1]

(r) “Prohibited Transaction” means a transaction prohibited by law, a transaction involving gambling or any cash-equivalent, or any transaction type that we or Mastercard prohibit from time to time for compliance, risk or operational reasons.

(s) “Scheme Rules” means the rules, standards and operating requirements of Mastercard applicable to the Card from time to time.

(t) “Unauthorised Transaction” means a transaction performed without the Cardholder’s authority or consent, typically resulting from loss, theft, fraud, misuse or compromise.

(u) “Website” means [insert website link] [PLL2] and includes any linked portal or application through which the Card is activated, managed or supported.

(v) “you / your” means the Cardholder or any person authorised by the Cardholder to use the Card in accordance with these Terms and Conditions.

2. About the Card

(a) The Card is a prepaid non-reloadable Card issued by the Issuer used only wherever Mastercard prepaid cards are accepted for permitted electronic transactions.

(b) The Card is not a credit card, charge card or debit card, does not earn interest and is limited to the value loaded at purchase.

(c) The Card shall be supplied in digital form.

(d) The Issuer issues prepaid gift cards in Australia in compliance with applicable Laws, including Mastercard Schemes and the Australian Consumer Law.

3. Contact details

(a) If you have any questions, need assistance, wish to report a lost or stolen Card, or want to raise a complaint, you may contact us using the contact details below:

(b) Phone: [insert customer service number][BP3]

(c) Email: [insert customer service email address][BP4]

(d) Postal address: Qwikcilver Solutions Pty Ltd, [insert address], Australia

(e) Website / balance portal: [insert website / balance enquiry portal][BP5]

4. How the Card works and where you can use it

(a) The Card can be used to purchase goods and services wherever Mastercard prepaid cards are accepted for electronic transactions, subject to these Terms, merchant acceptance, Scheme Rules and any territorial or product restrictions notified to you.

(b) The Card cannot be linked to a deposit account and cannot be used for ATM cash withdrawals, over-the-counter financial institution withdrawals or other cash-equivalent transactions.

(c) The Card can only be used up to the available balance loaded on the Card. If a transaction exceeds the available balance, the transaction may be declined unless the merchant allows split payment and you pay the difference using another permitted payment method.

(d) Some merchants may elect not to accept prepaid cards or may not support split payment, recurring transactions, high-value pre-authorisations or certain transaction types. We are not responsible for a merchant’s refusal to accept the Card except to the extent the refusal arises solely from our act or omission.

(e) The Card may, where enabled and where notified to you, be added to a compatible digital wallet or other payment application such as Apple Pay, Google Pay or Samsung Pay. Availability of this functionality depends on the relevant Card program, device compatibility, wallet provider terms, security requirements and any other eligibility or technical requirements. You are responsible for ensuring that your device is capable of storing the Card and being used to make purchases through the relevant digital wallet.

(f) Online and in-app transactions may be completed as card-not-present transactions and may be subject to applicable authentication requirements, including 3D Secure (3DS), one-time passcode (OTP) verification sent to your registered Australian mobile number, merchant acceptance and our fraud and security control. Transactions completed in-store using the Card through tap-and-pay functionality enabled via a supported mobile wallet on a compatible mobile device are subject to these Terms, merchant acceptance, wallet provider requirements, and our fraud and security controls.

5. Eligibility, purchase and limits

(a) The Card is intended for personal use and gifting, and must not be purchased for unlawful purposes, fraud, money laundering, rental or resale except where we expressly permit a particular channel or commercial arrangement.

(b) The minimum and maximum load values, purchase limits and other restrictions applying to the Card will be communicated on the website at the time of purchase, issue or activation.

(c) We may refuse to issue, sell, activate, register or continue to support a Card if we reasonably suspect that the Card is being used or acquired in breach of these Terms, AML/CTF Laws, Australian Privacy Laws, Scheme Rules or other applicable Laws.

(d) The Card may be purchased through the website, app, portal or other channel notified to you, using a valid Australian mobile number and may be used domestically in Australia only.

(e) The value for each Card shall be the amount specified at or before purchase. The issuer is not responsible for incorrect selection of the value.

6. Activation and registration

(a) The Card must be activated before it can be used, unless we notify you that activation is not required for a particular Card variant.

(b) Activation may require you to provide information such as your name, email address, valid Australian mobile number, OTP verification on the same Australian mobile number and any other information reasonably required for registration, fraud prevention, customer support or legal compliance.

(c) You must ensure that all information you provide for activation or registration is accurate, complete and current. If you provide incorrect or incomplete information, activation may be delayed or refused. You are solely responsible for entering the correct mobile phone number for activation of the Card. Delivery of the digital Card to the mobile number specified by you constitutes complete fulfillment of the transaction. The Issuer accepts no liability for funds spent if you provide an incorrect mobile number for activation.

(d) Once activation is completed successfully, the Card may be used immediately unless we notify you of a different activation timeframe or temporary operational restriction.

7. Use restrictions and Prohibited Transactions

(a) You must not use the Card for any Prohibited Transaction.

(b) Without limitation, the Card shall not be used for cash withdrawals, cash advances, money remittance, quasi-cash transactions, gambling or adult-service transactions, the purchase of other gift cards or vouchers, or any transaction that is unlawful or prohibited by Mastercard, us or applicable law.

(c) Unless supported by the relevant merchant and product configuration, the Card must not be used for recurring subscriptions, direct debit arrangements or other continuous authority transactions.

(d) Without limiting other prohibited uses, the Card shall not be used for restricted merchant category codes or transaction categories, including but not limited to Automated Fuel Dispensers (5542), Gambling transactions (7995), Financial Institution–Automated Cash Disbursements (6011), Financial Institution–Manual Cash Disbursements (6010), Financial Institution– Merchandise and Services (6012), Quasi Cash–Merchant (6051), Securities– Brokers and Dealers (6211), Wire Transfer Money Orders (4829), Payments – TAX (9311) or any replacement or equivalent restricted categories notified by us or Mastercard from time to time.

(e) We may decline or block a transaction if the transaction exceeds the available balance, the Card is not activated, the Card has expired, the wrong security credentials are provided, or we are required or permitted to do so by Laws, Scheme Rules or reasonable risk controls.

(f) Some merchants, including hotels, restaurants, taxis, rideshare operators, cruise operators, fuel merchants and other merchants operating estimated authorisation or delayed settlement models, may place a pre-authorisation or tolerance hold for an amount greater than the final transaction amount. Any such hold will reduce the available balance on the Card until the authorisation is cleared or released.

8. Fees and charges

(a) Any issuing fee, purchase fee or other upfront fee applicable to the Card will be disclosed on the website or before purchase. Unless otherwise stated, any issuing fee does not reduce the stored value loaded onto the Card.

(b) We do not ordinarily charge a domestic transaction fee for standard purchases using the Card. However, some merchants may impose a surcharge or other fee for card transactions, and any such charge is set by the merchant, not us.

(c) All fees and charges paid to us in respect of the Card are non-refundable except to the extent required by law. All fees and charges paid to us are inclusive of applicable government-imposed taxes and duties, unless otherwise stated or permitted by applicable law.

9. Balance, transaction history and expiry

(a) You can check the available balance, expiry date and transaction history for your Card via the Website, app, portal or customer support channel that we make available for the Card from time to time.

(b) Balance enquiries made through the Website or the customer support channel designated for the Card are free of charge, although you may incur ordinary network or data charges from your telecommunications provider.

(c) The Card remains valid until the Expiry Date. The Expiry Date shall be displayed on the relevant website, app or portal, or otherwise notified to you.

(d) Subject to applicable law and the final product configuration, the source product settings contemplate a validity period of at least three (3) years from the date of purchase.

(e) After the Expiry Date, the Card can no longer be used for transactions and any unused balance will not be available to you, except to the extent required by law. If a merchant refund or reversal is processed after the Card has expired, you may need to contact customer support and access to those funds may be limited or unavailable depending on product capability, merchant systems, applicable law and the reason the Card is no longer active.

(f) The value loaded on the Card is not redeemable for cash, except to the extent required by law.

10. Lost, stolen, damaged or compromised Cards

(a) You must notify us using our Contact details as soon as reasonably practicable if your Card is lost, stolen, damaged, compromised or misdirected. If you suspect an error, fraud or Unauthorised Transaction, you should notify us immediately under section 15.

(b) Before you notify us, you are responsible for transactions on the Card except where the loss arises from our fraud, negligence or wilful misconduct, or where liability cannot be imposed on you under applicable law.

(c) After you notify us, we will take reasonable steps to prevent further use of the Card, subject to verification, system capability and legal requirements.

(d) If the Card is capable of replacement for the relevant product type, we may issue a replacement Card at our discretion (acting reasonably) and may require you to provide identification or other verification information before doing so.

11. Your obligations

(a) You are responsible for all transactions made using the Card that you authorise or otherwise consent to. You may also be responsible for losses from unauthorised transactions if we can show that you acted fraudulently, failed to take reasonable steps to keep the Card, your device, PIN, wallet credentials or other security credentials secure, allowed another person access to the Card, device or credentials, or unreasonably delayed notifying us after becoming aware of the loss, theft or compromise of the Card, your device or related credentials. You will not be responsible to the extent the loss was caused by our fraud, negligence, wilful misconduct, system error, or malfunction, or by circumstances outside your reasonable control, or where applicable law provides otherwise.

(b) You must take reasonable steps to keep the Card, any PIN, wallet credentials, activation information, device security details and login information secure and confidential.

(c) You should regularly check your transaction history, expiry date and any wallet or portal information made available for the Card. If you identify any transaction error or suspicious activity, you should notify us promptly.

(d) If you have an issue with goods or services purchased from the merchant, you should first directly contact the merchant. If the dispute cannot be resolved with the merchant and the relevant circumstances are capable of being disputed in accordance with the Scheme Rules or our dispute process, you may contact customer support for further assistance.

12. Liability

(a) We are not liable if you or a merchant use the wrong card in a digital wallet or on a device, attempt to use the Card for a transaction that exceeds the available balance, or if a merchant refuses split payment, card acceptance or a refund method.

(b) We are not liable for the availability, use, functionality, compatibility or security of any device, digital wallet, communications channel, network, internet provider, operating system or third-party system used with or in connection with the Card, including any inability to add the Card to a digital wallet, any reduced level of service, transaction delay or declined transaction caused by such third-party systems or service providers, internet providers or operating systems, except to the extent the issue is caused by our fraud, negligence, wilful misconduct, system error or malfunction, or where liability cannot lawfully be excluded.

(c) We are not liable for temporary interruptions in service, transaction delays or authorisation decline events caused by matters beyond our reasonable control including system outage, interconnecting system failures, telecommunications issues, malicious code, cyber incidents affecting third parties, labour disputes, natural events, force majeure events, civil unrest or armed conflict.

(d) To the extent permitted by law, except in relation to any consumer guarantee, statutory right or other protection that cannot lawfully be excluded, restricted or modified, we exclude all other warranties, conditions, representations and liabilities, whether statutory, express or implied, and we are not liable for any loss of profit, loss of opportunity, or indirect or consequential loss. Where our liability cannot be excluded but can lawfully be limited, our liability is limited, at our election, to resupplying the relevant services, replacing the Card or paying the cost of doing so.

(e) We are not responsible for the quality, safety, legality or delivery of any goods or services purchased with the Card, except to the extent a non-excludable legal right applies or the transaction is capable of being disputed under the applicable Scheme Rules or our dispute process.

(f) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or other protection conferred by the Australian Consumer Law or any other law to the extent that it cannot lawfully be excluded, restricted or modified. To the extent of any inconsistency, those rights and protections prevail over these Terms.

(g) We do not limit our liability for fraud, wilful misconduct or any matter in respect of which liability cannot be limited or excluded under law.

13. Our rights

(a) We may restrict, block, delay, suspend, halt or stop the use of the Card if suspicious, illegal, fraudulent, abusive or unusual activity is detected or if we reasonably form the view that such activity may be occurring.

(b) We may suspend or cancel the Card if you breach these Terms, if we are required or permitted to do so by law or Scheme Rules, if needed to protect the security of the Card or customers generally, if we detect unusual or suspicious activity or if you fail to provide information reasonably requested for compliance or verification purposes, or if temporary technical or operational issues require suspension.

(c) Where practicable and appropriate, we will notify you of a suspension or cancellation and provide you with an opportunity to address the issue before a permanent cancellation, unless we are not permitted or it is not appropriate to do so for legal, fraud-prevention or security reasons. Any suspension, restriction or cancellation will be proportionate to the relevant risk or requirement and, where reasonably practicable, we will lift the suspension or restriction once the reason for it no longer applies.

14. Refunds by merchant

(a) Any refund on a transaction made with the Card is subject to the merchant’s policy and systems. Refunds may be processed by way of a credit to the Card, cash, store credit or other method the merchant determines, unless law requires otherwise.

(b) Merchant refunds will ordinarily be credited back to the same Card if permitted by the merchant, Mastercard processing rules and product capability. If the Card has expired, been revoked, closed or suspended before a merchant refund is processed, access to the refunded amount may be limited or unavailable depending on product capability, merchant system, the reason for closure and applicable law.

(c) Refunds will not be provided by us simply because you changed your mind, made an accidental purchase, failed to use the Card before expiry or used the Card negligently, unless required by law or expressly stated otherwise in these Terms.

15. Queries, complaints and dispute resolution

(a) If you have a query or complaint about the Card, you should first contact us using the contact details set out above under section “Contact details”.

(b) If you believe there has been an error or Unauthorised Transaction involving the Card, you must notify us as soon as possible using the contact details set out above and provide reasonably requested details, which may include the date, amount, merchant name, transaction information and supporting documents.

(c) We may require you to complete a dispute form or provide further information to support our investigation. Delay in reporting a disputed transaction may affect our ability to investigate or, where applicable, pursue rights under the Scheme Rules.

(d) If a disputed transaction is capable of being challenged under the Mastercard Scheme Rules, you may have chargeback rights, subject to the Scheme Rules and any applicable reporting and evidentiary timeframes and any applicable fees or charges imposed or permitted under the Scheme Rules and disclosed to you where required by law.

(e) We aim to acknowledge complaints promptly and to provide an initial response within five (5) business days. We will seek to resolve complaints within a reasonable timeframe, which will generally be within 21 business days when the matter can be completed within that period.

(f) If you are not satisfied with our response, or we do not resolve your complaint within the applicable timeframe, you may contact the Australian Financial Complaints Authority (AFCA) using the following details: Website: www.afca.org.au; Phone: 1800 931 678; Mail: GPO Box 3, Melbourne VIC 3001.

(g) If you have a privacy-related complaint, you may contact us first at DPO@Qwikcilver.com and, if you remain dissatisfied, you may contact the Office of the Australian Information Commissioner (OAIC) via the contact details published on the OAIC website.

16. Privacy and information collection

(a) We may collect personal information that is reasonably necessary to provide, administer, secure and support the Card and associated services. Depending on the product and channel, this may include your name, contact details, Card details, purchase information, transaction history, device information, usage data, complaint information and communications records.

(b) We may collect personal information for the following purposes: to identify you; 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 support card activation and registration; to process transactions; to manage customer service and complaints; to administer fraud prevention, risk monitoring and system security; to perform administrative, reporting and operational tasks; to send marketing communications where permitted by law; to conduct analytics, staff training and service improvement; to prevent or investigate suspected fraud or crime; and to comply with applicable laws and Scheme Rules.

(c) Where you do not provide some or all of the information reasonably requested by us, we may be unable to provide the Card or related services, or may suspend operation until the information is provided.

(d) We may disclose your personal information whenever permitted or required by law and where reasonably necessary to operate the Card and process transactions, including to our group companies where required in order for us to issue this product to you, outsourced service providers, digital wallet providers, payment processors, program managers, customer support providers, regulatory bodies, government agencies, law enforcement bodies, courts, dispute-resolution bodies, participants in the payments system and financial institutions involved in a transaction or dispute.

(e) Some recipients of your personal information may be located outside Australia, including our group companies, service providers, technology providers, payment processors and support providers. Overseas disclosure may occur where reasonably necessary for the purposes described in these Terms and our Privacy Policy. We will handle any overseas disclosure of personal information in accordance with Australian Privacy Laws and our Privacy Policy.

(f) Further information about how we collect, hold, use and disclose your personal information, and how you may seek access to or correction of your personal information, is set out in the Privacy Policy.[PLL6]

17. Anti-money laundering and counter-terrorism financing

(a) You acknowledge and agree that, where required, you will provide us or our agents with all information reasonably requested to enable us to comply with fraud monitoring, AML/CTF Laws and other legal or regulatory obligations.

(b) If you do not provide information reasonably requested for AML/CTF or related compliance purposes, we may refuse to issue, activate, register, support or continue to provide the Card or related services.

(c) We may be legally required to disclose information about you and transactions on the Card to regulatory authorities, law enforcement agencies, courts or other bodies.

(d) In line with our anti-money laundering and counter-terrorism financing obligations, we reserve the right to impose daily or monthly velocity and transaction limits at the purchaser level, taking into account both the total value and the quantity of Cards purchased.

(e) We may block, delay, freeze, refuse, suspend or cancel any transaction or the Card itself for legitimate business, prudential, legal, regulatory, fraud-prevention, sanctions or AML/CTF reasons where we reasonably believe that a transaction or use of the Card may be fraudulent, unlawful, subject to sanctions screening in breach of these Terms, contrary to AML/CTF Laws or otherwise inappropriate.

(f) Where transactions are blocked, delayed, frozen or refused by us in accordance with this section, you agree that we are not liable for any loss suffered by you or any third party arising directly or indirectly from that action, except to the extent liability cannot lawfully be excluded.

(g) We may monitor all transactions and activity arising from the use of the Card to the extent reasonably required to comply with AML/CTF Laws, fraud monitoring obligations, sanctions screening requirements and internal risk controls.

18. Changes to Terms and Conditions

(a) We may change, amend, supplement or replace these Terms and Conditions from time to time. Any updated Terms and Conditions may be made available on our website at www.pinelabs.com.au [PLL7] or by another method we reasonably determine.

(b) Continued use of the Card after a change becomes effective will constitute acceptance of the updated Terms, except to the extent you are permitted by law or these Terms to stop using or cancelling the Card.

(c) Where law or applicable industry requirements require notice of a change, we will provide that notice in the manner and timeframe required. Where permitted by law, changes made for security, legal or urgent operational reasons may take effect immediately or with shorter notice.

(d) Any change will not reduce the loaded value of your Card or shorten the Expiry Date, except where required by law, Scheme Rules or for fraud-prevention, security or compliance reasons.

19. Applicable law and general provisions

(a) These Terms and Conditions are governed by the laws of New South Wales, Australia. Any dispute arising out of or in connection with the Card is subject to the non-exclusive jurisdiction of the courts of New South Wales, subject to any mandatory consumer rights or external dispute resolution rights you may have.

(b) You agree to access and use the Card and any related website, app or service in a reasonable manner. If we reasonably believe your use is unreasonable, abusive, unlawful or likely to disadvantage other customers or compromise our systems, we may suspend, restrict or refuse access for legitimate business, prudential or regulatory reasons.

(c) The Cardholder may not assign or transfer rights or obligations relating to the Card except as expressly permitted by us or by law. We may assign or transfer our rights and obligations under these Terms to a third party, affiliate or service provider provided doing so does not materially prejudice your rights under these Terms or the Australian Consumer Law.

(d) If any provision of these Terms is invalid, unlawful or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

(e) These Terms and Conditions, together with any documents expressly incorporated by reference, constitute the entire agreement between you and us in relation to the Card.

[PLL1]Link to be updated for Mastercard

[PLL2]To be updated

[BP3]We have to procure new toll free number for Issuer

[BP4]New email id to be created for customer service.

[BP5]link needs to be updated.

[PLL6]URL to be embedded

[PLL7]To be finalised

Open Loop Cards