Terms & Conditions for Cards Issued by Intella Payments Pty Ltd

Introduction

These are the terms and conditions (T&Cs) on which Intella Payments Pty Ltd (Intella Payments) ABN 59 629 592 883 issues the UnionPay prepaid Card (Card) to you.

By using or attempting to use your Card, or by making a transaction enquiry or exercising any right to redeem value loaded on your Card, you agree to the T&Cs and warrant to us that you will comply with these T&Cs and all applicable laws and that your Card will not be used in any manner that is unlawful, misleading or deceptive; and you also acknowledge that you have read and understood our Privacy Policy published on our website. By your continued use of the Card, you accept and agree to any future changes to these T&Cs, whether or not reviewed by you, and which shall constitute your consent and acceptance of the revised T&Cs.

We are not responsible for transactions that are processed as a result of an indirect or direct breach of these Terms and Conditions.

General Terms

These Terms and Conditions are an agreement between you and Intella Payments that governs your access to and use of your Card.

About the UnionPay Prepaid Card

• Where required by relevant law, for example where you appear to be a “proscribed person”, you acknowledge that we may be required to block access to the Card and/or card fund and immediately refuse to process or complete any transaction or suspend or terminate our arrangements with you. You agree that under these circumstances we are under no liability to you.
• We reserve the right to refuse your application at our sole discretion, including but not limited to situations where we are unable to verify your identity or where your profile is inconsistent with our customer profile for the Card.
• Transactions are authorised by you by presenting your Card and entering your Access PIN, or allowing an operator or other person to do so, at a point-of-sale to make a payment (“Payment”), you are confirming that the transaction correctly represents the purchase price of the goods or services obtained and you irrevocably authorise us to reduce the remaining card value by the value of the purchased goods or services.
• Attempts to use the Card at merchants that are not otherwise approved to accept the Card will result in a declined transaction.
• You agree that we may delay, block or refuse to process any transaction without incurring any liability if we suspect that the transaction:
  • may breach any laws or regulations in Australia or in any other country;
  • involves any person (natural, corporate or governmental) that is itself sanctioned or is connected, directly or indirectly, to any person that is sanctioned under economic and trade sanctions imposed by the United States Office of Foreign Assets Control, United Nations, the European Union or any country; or
  • may directly or indirectly involve the proceeds of, or be applied for the purposes of, any unlawful conduct.
• You cannot exchange your Card for a different brand, denomination or type of Card or for another tender, cash or discount.
• Intella Payments is an Authorised Representative of Flexewallet Pty Ltd, ABN 16 164 657 032 which holds an Australian Financial Services Licence (AFSL 448066). Through this arrangement Intella Payments is authorised to deal in, and provide general financial product advice in relation to, Non-Cash Payment Products.

About the Card Balance

• You are responsible for checking your transactions history knowing the available balance for the Card, all which will be available to you on your device by accessing the Fan Zone website.
• Your Card may only be used to make purchases up to the Remaining Card Value. You will be responsible for ensuring the availability of sufficient funds for all transactions.

Lost or Stolen Card

• Except to the extent required by law, we are not liable for any loss or damage arising out of or in any way related to the use of the Card, including:
  • If you permit someone else to use the Card, you will be responsible for any transactions initiated by that person with the Card; or
  • Unauthorised transactions can happen using the Card if the device is lost or stolen; or
  • If authorisation is declined for any transaction except where the authorisation has been declined because of an act or omission on our part.
  • You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been negligence, fraud or wrongful act or omission of Coles Group or the Participating Retailers.

Fees & Charges

• We do not charge any fees for using the Card, however, to the extent permitted by law, some merchants may charge you for using the Card and such fees may be deducted from the balance of your Card at the time of the transaction.

Disputed Transactions

• Any refunds on the Card transactions are subject to the policy of the specific merchant.
• You cannot stop a payment on any transaction after it has been completed. If you have a problem with a purchase made with the Card or a dispute with the merchant, you must deal directly with the merchant involved. If you cannot resolve the dispute with the merchant, you can contact us on +61 428 792 416 (8:00am to 5:00pm Monday to Friday, Australian Eastern Standard Time)

Changes to the Terms and Conditions

We reserve the right to change these Terms and Conditions at any time for one of more of the following reasons:

1. to comply with any change or anticipated change in any relevant law, code of practice, guidance or general banking practice,
2. to reflect any decision of a court, ombudsman or regulator,
3. to reflect a change in our systems or procedures, including for security reasons,
4. to respond to changes in the cost of providing the Card,
5. discontinue a product in which case we may change the terms of the product to reflect a different product with similar features to the discontinued product; or
6. for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct.

Privacy

We will collect, handle and use your personal information in accordance with our Privacy Policy, which is available at www.intella.com. Our Privacy Policy contains important information about the purposes for which we collect personal information, the entities to which we may disclose the information we collect (including any overseas disclosures that we may make), how you can access and seek correction of the personal information we hold about you or how you can make a complaint about our handling of your personal information.

Force majeure

To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

Severability and governing Law

If any provisions or part of a provision of these Terms and Conditions is illegal, invalid or unenforceable, it will be severed from these Terms and Conditions and the remaining provisions (or parts of provisions) will continue in full force and effect.

The laws of the State of Victoria, in the Commonwealth of Australia, apply to these Terms and Conditions and you irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State of Victoria, or the Commonwealth of Australia and any courts of appeal from these courts.

Contact us

For all your Card enquiries, Intella Payments can be contacted by:

Phone: +61 428 792 416

Email: [email protected]

Mail: Level 3, 461 Bourke Street, Melbourne, 3000, Australia