Effective 26th October 2020
1. Terms and Conditions
1.1 These terms and conditions (Terms and Conditions) describe the terms of your (you, your, user or cardholder) agreement with Groupee Pty Ltd ABN 77 613 052 645 (Groupee) as it relates to your use of the Mastercard. It is important that you read this document carefully and understand your rights and obligations.
1.2 The Groupee Reloadable Mastercard is issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 (EML) and arranged by INC.C Payments Pty Ltd ABN 94 623 555 699 (INCC) as a representative of EML, authorised to procure the issue, and arrange the distribution of the Mastercard. EML deals with funds loaded onto the Mastercard in accordance with its arrangements with INCC. Groupee’s role is limited to supplying the App, which is a technological solution allowing you to pass information to INCC and Groupee is not involved in the issue or distribution of the MasterCard.
1.3 Groupee reserves the right to change these Terms and Conditions at any time.
2. Acceptance of these terms
2.1 You signify your acceptance of these Terms and Conditions by acknowledging you have read and accepted them via the Groupee App. Acceptance of our Terms and Conditions forms part of the Mastercard activation process that must be completed prior to using your Mastercard.
3. Important Information about the Financial Claims Scheme
3.1 The Financial Claims Scheme is a scheme administered by APRA to protect depositors of authorised deposit-taking institutions from potential loss due to the failure of these institutions.
3.2 The Financial Claims Scheme only applies to deposits. Your Available Balance is not a deposit with Groupee, INCC or EML. Accordingly, the Financial Claims Scheme does not apply in relation to the Mastercard or your Available Balance in the event of Groupee, INCC or EML’s failure.
3.3 For more information on the Financial Claims Scheme, see APRA’s website at https://www.fcs.gov.au/.
4. Consumer Act Exclusion
4.1 We disclose and you acknowledge that section 99B of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010) does not apply to the Mastercard. This means that the Mastercard does not have to have a minimum expiry date of 3-years from the date it is supplied.
5.1 To activate your Mastercard, please download the Groupee App and create an account, where you will be asked to read and accept these Terms and Conditions, after which you will be prompted to activate your card and set your PIN.
5.2 Your Mastercard has minimum and maximum loads. The minimum load value is $0.00 and the maximum load value is up to $4,999.99. To load funds over $4,999.99 please contact email@example.com.
5.3 Once activated, any funds loaded onto the Mastercard will be available immediately.
5.4 The Mastercard must be activated prior to use and at least one (1) week prior to its expiry date.
6. Expiry and cancellation
6.1 The Mastercard expires three years after the “valid from” date identified on the Mastercard (Expiry Date).
6.2 After the Expiry Date, the Mastercard:
(a) expires any balance on the Mastercard will be forfeited to Groupee; and
(b) will be declined when presented for use.
7. Your PIN
7.1 To make purchases with your Mastercard you may need a PIN. When activating your Mastercard through the Groupee App, you will be prompted to choose your own PIN. You can change your PIN via the Groupee App at any time. You must protect your PIN (and not provide it to any other person), and must immediately notify Groupee of any unauthorised use of your PIN or your account, or any breach of security that will adversely affect your PIN or your account.
8. Where you can use your Mastercard
8.1 The Mastercard is a reloadable card that can be used for purchasing goods and services where Mastercard is accepted for electronic transactions (excluding transactions at automated teller machines (ATM) or over the counter at financial institutions).
8.2 Some Merchant’s may choose not to accept Mastercard.
8.3 If you have a problem with a purchase, you must contact the Merchant and not Groupee. The Merchant’s own policies in respect of refunds or returns will apply.
8.4 The Mastercard cannot be used to obtain or redeem cash, for making direct debits, recurring or regular instalment payments, or to withdraw cash via an ATM. The Mastercard is not a credit facility, is not a credit card, and is not linked to a deposit account held with Groupee, INCC or EML.
8.5 The Mastercard cannot be used to make transactions that exceed the Available Balance. For such a transaction you need to pay the difference by another method if the Merchant agrees. In the event the Available Balance on the Mastercard is less than the purchase amount, some Merchants may not allow the cardholder to combine multiple payment types (such as cash, cheque or another payment card) to complete the transaction.
8.6 Groupee is in no way liable if the Mastercard is declined unless as a result of an unlawful deliberate act or omission by Groupee.
9. Checking your transaction history and balance
9.1 You are responsible for checking your transaction history and balance which you can do at any time by using the Groupee App.
10. Lost, stolen or damaged Mastercard
10.1 The Mastercard is to be treated as if it were cash. If your Mastercard is lost, stolen or damaged, you must lock the Mastercard via the Groupee App immediately so that the Mastercard can be disabled.
10.2 We will not reimburse you for any transactions conducted by an unauthorised person prior to you informing us of the Mastercard’s loss. You will be liable for losses resulting from Unauthorised Transactions where we can prove on the balance of probability that you or the User or holder of the Mastercard concerned have contributed to the loss or losses through unreasonably delaying notification of the misuse, loss or theft of the Mastercard, or that liability in this case is limited to losses occurring between the time that you became aware of the Unauthorised Transaction, or should reasonably have become aware in the case of lost or stolen Mastercard.
10.3 You will not be liable for any loss or damage in excess of the Available Balance of the Mastercard.
10.4 Any claim for an apparently fraudulent transaction on the Mastercard must be lodged within 90 days of the date of the disputed transaction. All claims after this date will be denied.
11.1 You are responsible for all fees, fines, penalties and other liability incurred by Groupee as a result of or arising from your breach of these Terms and Conditions or your use of the Mastercard. You agree to reimburse and indemnify Groupee for such liability. If you do not have sufficient funds on your Mastercard, you acknowledge that Groupee may engage in collection efforts (either through itself or a collection agency) to recover such amounts from you and you will be liable for all such costs associated with this on a full indemnity basis (including legal fees on a full indemnity basis).
11.2 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 and Conditions for failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause. We accept no liability for any failure to authorise a purchase transaction (even if the balance exceeds the purchase amount at the time of the authorisation request) if this results from the application of prudent risk management controls or if the terminal or system was not working properly.
11.3 Our liability for breach of a condition or warranty implied by law and which cannot be excluded is limited to either the resupply of the services or the payment of the cost of having the services supplied again.
12.1 There is no cost to you to generate a single Mastercard via the Groupee App.
12.2 There is no charge to check your balance at any time via the Groupee App.
12.3 If the Mastercard is used to purchase goods or services in any jurisdiction other than Australia (i.e. overseas transactions), a foreign currency conversion fee of 3% of the value of the transaction will be charged to the Mastercard.
12.4 Groupee’s fees are set out in the App and Groupee’s terms and conditions.
13. Privacy and confidentiality
13.1 We do not disclose personal details except for the purpose of managing and processing the Mastercard as required by law. Information may be disclosed to contractors or third-party service providers who supply administrative, telecommunications, processing or other services in connection with the Mastercard. Those contractors or third-party service providers may be based outside of Australia and you consent and agree that information may be disclosed to those parties for the purpose of managing and processing your Mastercard.
14.1 All amounts referred to in these Terms and Conditions are a reference to Australian Dollars (AUD) unless otherwise provided for.
15. Governing Law
15.1 These Terms and Conditions are governed by the laws of New South Wales and you submit irrevocably and unconditionally to the non-exclusive jurisdiction of the courts of New South Wales.
In these Terms and Conditions:
Activate means the process of activating the Mastercard in accordance with clause 4.1.
APRA means the Australian Prudential Regulatory Authority.
Available Balance means the unspent value residing on the Mastercard which is available to be spent on goods and services in accordance with these Terms and Conditions.
Card Number means the 16-digit number that appears on the front of the Mastercard.
Expiry Date has the meaning provided to that term in clause 6.1.
CVV means the card verification value. The CVV is the 3-digit number on the rear of the Mastercard and is often required to complete transactions, particularly for online purchases.
(a) in clauses 8.1 and 8.2, Mastercard International Incorporated (or another relevant company in the Mastercard group of companies); and
(b) everywhere else, the Groupee Reloadable Mastercard (being a reloadable prepaid card) issued to a User from time to time, being a physical card or tokenised card.
Groupee has the meaning provided to that term in clause 1.1.
Groupee App means the mobile application owned, operated and made available by Groupee Pty Ltd.
Groupee Website means Groupee’s website located at www.groupee.com, as updated and replaced from time to time.
Merchant means any business entity that is authorised to accept the Mastercard for the payment of goods and services.
PIN is your 4-digit number combination known only to you that allows you to access your account information and verify and authorise payments on the Mastercard.
Unauthorised Transaction means a transaction not authorised or not authorised by you, but does not include any transactions carried out by you or by anyone performing the transaction with your express or implied knowledge and consent.
User means the person to whom the Mastercard is given to use as a payment tool.