eFundraising Group
eFundraising Group
EFTPOS PREPAID CARD
Low Value
Conditions of Use
EFG Swipe2give
Cardholders
(Valid from 12 May 2009)
BEFORE YOU USE YOUR CARD
Please read these Conditions of Use. These terms and conditions apply to all Swipe2give Cardholders. They apply to all transactions initiated by you through an Electronic Banking Terminal by the combined use of your Card and a PIN.
Your activation of the Card signifies your understanding and acceptance of these
Conditions of Use.
If you fail to properly safeguard your Card and PIN you may increase your liability for unauthorised use.
If these Conditions of Use are not clear to you, contact eFundraising Group Pty Ltd ACN 126 590 609 (EFG) BEFORE using your Card.
1. INTRODUCTION
Generally speaking, these Conditions of Use apply to Cards when used in conjunction with a PIN in an Electronic Banking Terminal.
However, they will also apply if you use your Card without a PIN. If your Card is used
without a PIN your signature on the
transaction receipt will be evidence that the transaction is valid and authorised by you.
In accepting a Card from EFG you acknowledge that you have read, and understand these Conditions of Use and are obliged to comply with them.
2. SIGNING YOUR CARD
You agree to sign your Card as soon as you receive it and before using it, as a means of preventing unauthorised use. Your Card is valid only if it has been signed by you and if it is used before the Expiry Date.
3. THE CARD
The Card is Reloadable.
The Card allows purchases and payments to be made wherever prepaid EFTPoS cards are accepted, if a sufficient Value is stored on the Card. Please check with a particular merchant before using, some merchants may choose not to accept Eftpos prepaid cards.
The Card cannot be used by you to withdraw cash at ATMs or Eftpos terminals.
You acknowledge and agree that you will not earn any interest on any Value stored on your Card.
EFG will debit against the Value any transaction you authorise using the Card.
EFG will consider a transaction as having been authorised by you when:
• you conduct an Electronic Transaction using your Card;
• the Card, together with the PIN is used in conjunction with electronic equipment;
• you use the Card in conjunction with electronic equipment but do not need to use the PIN to perform the transaction;
• the Card is presented to a merchant along with a voucher or other document (in a form acceptable to EFG) signed by you; or
• when the Card is presented to a participating merchant (or someone else on behalf of a merchant) in a way acceptable to EFG.
You agree that you will not use your Card or participate in the Swipe2give Program for the purposes of conducting any illegal activities.
4. EFG SWIPE 2 GIVE CARD PROGRAM
Your Card is linked to the Organisation that issued the Card to you.
To participate in the Swipe2give Program, you must present your Card at Participating Merchants. If you present your Card at Participating Merchants and meet or exceed the Minimum Spend (as set by the Participating Merchant), the Participating Merchant will give a Swipe2give Contribution to your Organisation.
When purchasing goods or services at the Participating Merchants, the Participating Merchant ultimately decides whether the Minimum Spend has been met and that the Swipe2give Contribution can take place.
When using the Card for payment of goods and services at a Participating Merchant you acknowledge and agree that when the Minimum Spend is met or exceeded, this will automatically trigger the Swipe2give
Contribution from the Participating Merchant to your Organisation.
When using another form of payment at a Participating Merchant (such as cash or another card) you acknowledge and agree that when the Minimum Spend is met or exceeded, you will need to swipe your Card through the EFTPoS device. Once your Card has been swiped through the EFTPoS device, this will automatically trigger the Swipe2give
Contribution from your Participating Merchant to your Organisation. In these circumstances, you will not be charged any fees or charges for swiping your Card through the EFTPoS device and you are not required to maintain a minimum account balance on your Card.
You may use your Card anywhere in Australia where prepaid EFTPoS cards are accepted though under no circumstances will we warrant this usage. However, you acknowledge and agree that only if you use your Card at Participating Merchants and meet the Minimum Spend will you qualify for the contribution to the Organisation linked to your Card.
Under no circumstances will EFG provide credit or credit facilities to you through your
participation in the Swipe2give Program.
5. ACTIVATING THE CARD
After successful application for a Card, you will be required to activate your Card before being able to use your Card. To activate your card, go online at www.efundraisingdirectory.com.au and follow the prompts. By activating your Card online you agree to be bound by all of the terms and conditions set out in these Conditions of Use as amended from time to time.
6.PERSONAL IDENTIFICATION NUMBER (PIN) SECRECY
You agree that:
• you will not record your PIN on your Card or on anything with or near your Card;
• you will not tell anyone your PIN or let anyone see it;
• you will try to prevent anyone else seeing you enter your PIN into an Electronic Banking Terminal; and
• if you think that your PIN has become known to someone else, you will notify EFG immediately.
7. IMPORTANT POINTS TO REMEMBER TO SAFEGUARD YOUR CARD
Important information you should consider:
• no-one from EFG or any Merchant will ever ask you for your PIN, therefore, you should never disclose it to anyone either verbally, in writing or electronically;
• do not access EFG’s website via an email link embedded in an email. Always access the website directly from your internet page;
• cover your hand when entering your PIN at an EFTPoS terminal;
• do not allow anyone to swipe your Card when it is not in full sight of you;
• maintain up-to-date anti-virus software and a firewall on your computer;
• never lend your Card to anyone;
• never leave your Card unattended, e.g. in your car or at work;
• examine your account activity regularly to identify and report, as soon as possible, any instances of unauthorised use; and
• for security reasons, on the Expiry Date destroy your Card by cutting it diagonally in half.
8. REPORTING THE LOSS OR THEFT OF YOUR CARD
If you believe your Card has been lost or stolen, you should IMMEDIATELY go online to www.efundraisngdirectory.com.au and report this by placing a stop on your Card. To do this you select the tab “Lost/Stolen Card” and follow the instructions. Upon successful suspension of your Card, all transactions will be blocked and even if you should find your Card you will not be able to use it until you have spoken with EFG to reactivate your card. Also upon successful suspension of your Card, an email will be automatically generated to EFG. EFG will use its best endeavours to contact you within 24 hours of the next business day of when you placed the stop on your Card to arrange either a replacement card to be issued or your card to be reactivated in circumstances where you have found it.
You must give EFG a reasonable time to
arrange cancellation or the issue of a
replacement Card.
Should you believe that your PIN has become known to someone else you should
IMMEDIATELY go online to
www.efundraisngdirectory.com.au and select Change PIN/password, and follow the prompts to change your PIN (fees and charges apply – refer to paragraph 11). It is your
responsibility to ensure your PIN is secure at all times and should not be disclosed to any one at any time (refer point 6 and 7).
You can contact us by email – support@
efundraisingdirectory.com.au or during
business hours by phone on 07 54762463.
A full summary of Card Support procedures can be found online at
www.efundraisingdirectory.com.au.
9. USING YOUR CARD
The Card cannot be used to make or complete a transaction that exceeds the Value that is stored on your Card from time to time. Any attempted transaction that you make that is in excess of the Value stored on your Card at that time will be rejected. In these circumstances, fees may apply (see paragraph 11 below).
The Card may be used as many times as desired as long as the necessary Value is
available, the Expiry Date has not been reached and the Card has not been
deactivated, suspended or cancelled.
EFG does not warrant or accept any
responsibility if an Electronic Banking Terminal does not accept your Card.
EFG is not responsible in the event that you have a dispute regarding the goods or services purchased. You must contact the merchant directly in these circumstances.
Transactions will not necessarily be processed to your account on the same day they occur.
You will continue to be liable to EFG for the value of any withdrawal or debit transaction occurring after you have closed Card account.
10. LOADING VALUE
Each time you complete a load transaction, you will be charged a fee (see paragraph 11 below).
You will be able to load Value onto your Card by using electronic funds transfer (EFT/Direct Credit) through your financial institution.
For Direct Credit, use BSB and account number that appears on the reverse side of your Card.
It can take up to 72 hours for your funds to be made available for use through Direct Credit.
The total Value that may be loaded onto your Card at any one time cannot exceed the Card Limit. Any attempted load that would take the Card Value over the Card Limit at any one time will be rejected in full (refer to paragraph 11 as Fees and Charges apply). To avoid this EFG recommends that you regularly check your balance online.
11. FEES AND CHARGES
The following standard fees and charges apply. You agree to pay to EFG all fees and charges that are set out in these Conditions of Use. You authorise EFG to automatically deduct these fees and charges from your Card Value by debiting the Value at any time, without notice to you. All fees and charges that are set out in this paragraph 11 are inclusive of GST. FG reserve the right to vary these fees and charges from time to time and will give you a minimum of 21 days notice of such changes prior to them coming into effect. EFG may give notice by any of the methods referred to in paragraph 22.
Initial Set up
Purchase Refer to Organisation
Activation Fee Free
Value Load Direct Credit $0.30 per transaction
POS Transactions
POS Payment – Domestic $0.55 per
transaction
POS Enquiry/Refusal $0.25 per transaction
Other
PIN Reset $0.15
Card Cancellation Fee Refer to paragraph 15
Renewal/Expiry/Replacement
Card Replacement $10 per Card
Account Closure $10 (includes
balance transfer by direct credit/cheque)
12. TRANSACTION LIMITS
EFG may set limits on the minimum and
maximum amounts that you may withdraw from Card Value on any one day.
Merchants offering EFTPoS facilities have the right to impose conditions on the use of such facilities.
13. AUTHORISATIONS
You:
• acknowledge that EFG has the right to refuse authorisation for you to effect any transaction for any reason; and
• agree that EFG will not be liable to you or anyone else for any loss or damage that you or anyone else suffer as a result of EFG’s refusal to authorise any transaction.
14. RENEWAL OF YOUR CARD
All card renewals, at the end of the Expiry Date, will be done through the Organisation that issued the card to you. Contact the Organisation that issued your card prior to the expiry date to organise a card renewal.
15. CARD EXPIRY
The Card is valid until the Expiry Date.
Prior to the Expiry Date you may request that the Value outstanding on your Card is electronically transferred to a nominated account by emailing support@efundraisingdirectory.com.au and nominating your existing card number. EFG will contact you to obtain the details of the account you wish the value to be transferred to (refer to paragraph 11 for Fees and Charges that apply)
If on the Expiry Date:
• any Value remains on your Card and that Value is less than $20.00, you will be charged a Card Cancellation Fee equal to the Value remaining on your Card. For example, if on the Expiry Date $18.25 remains on your Card, on the Expiry Date EFG will charge you a Card Cancellation Fee equal to $18.25; or
• any Value remains on your Card and that Value is greater than $20.00, you will be charged a Card Cancellation Fee equal to $20.00, and then all remaining funds on your Card will be sent by EFG to your nominated Organisation. For example, if on the Expiry Date $55.00 remains on your Card, on the Expiry Date EFG will charge you a Card Cancellation Fee equal to $20.00 and the remaining $35.00 will be sent by EFG to your nominated Organisation.
You must not use your Card:
• after the Expiry Date shown; or
• after the Card has been cancelled.
You will continue to be liable to reimburse EFG for any indebtedness incurred through such use.
16. CANCELLATION AND RETURN OF YOUR CARD
The Card always remains the property of EFG.
EFG may:
(1) demand the return of the Card issued to you at any time:
• for security reasons; or
• if you breach these Conditions of Use; or
(2) capture the Card at any Electronic Banking Terminal.
You may cancel your Card at any time by giving EFG written notice. Cancellation of your card may not be effective until the card is returned to EFG.
You must return your Card to EFG when:
• EFG notifies you that it has cancelled your Card;
• you cancel your Card; or
• EFG requests that it be returned for any other reason.
17. YOUR LIABILITY IN CASE YOUR CARD IS LOST OR STOLEN OR IN CASE OF UNAUTHORISED USE
(1) You are not liable for any unauthorised use of your Card:
(a) before you have actually received your Card and PIN and acknowledge receipt of your Card and PIN to EFG;
(b) after you have reported it lost or stolen; or
(c) if you did not contribute to any
unauthorised use of your Card.
(2) For the purpose of paragraph 17(1)(c) you will be taken to have contributed to any loss caused by unauthorised use of your Card if you:
(a) voluntarily disclose your PIN to anyone, including a family member or friend;
(b) voluntarily allow someone else to observe you entering your PIN into an Electronic Banking Terminal;
(c) write or indicate your PIN on your Card;
(d) write or indicate your PIN (without making any reasonable attempt to disguise the PIN) on any article carried with your Card or likely to be lost or stolen at the same time as your Card;
(e) allow anyone else to use your Card; or
(f) unreasonably delay notification of:
(i) your Card or PIN record being lost or stolen;
(ii) unauthorised use of your Card; or
(iii) the fact that someone else knows your PIN.
(3) If you are taken to have contributed to the unauthorised use of your Card under paragraph 17(2) your liability will be the lesser of:
(a) the actual loss when less than the Value of your Card;
(b) the Value of your Card; or
(c) an amount calculated by adding the actual losses incurred for each day, up to the current daily withdrawal limit on which unauthorised use occurred before you reported the loss, theft or unauthorised use of your Card, up to and including the day you make your report.
(4) In determining liability under paragraph 17(3)(c):
(a) where your Card has been lost or stolen, the number of days will be calculated by reference to the day when you should reasonably have become aware that it was lost or stolen; and
(b) the currently daily withdrawal limit is the limit applicable at the time of the transaction by reference to the status and/or type of Electronic Banking Terminal at which the transaction occurred.
(5) Where a PIN was required to perform the unauthorised transaction and it is unclear whether or not you have contributed to any loss caused by the unauthorised use of your Card, your liability will be the lesser of:
(i) $150;
(ii) the Value on your Card;
(iii) the actual loss at the time EFG is notified of the loss or theft of your Card.
(6) In determining your liability under
paragraph 17(5):
(a) EFG will consider all reasonable evidence including all reasonable explanations for an unauthorised use having occurred; and
(b) the fact that an account is accessed with the correct PIN, while significant, is not of itself conclusive evidence that you have contributed to the loss.
(7) The guidelines set out at paragraphs 6 and 7, are the minimum suggested security measures you should take.
18. STATEMENT OF TRANSACTION HISTORY
You may check the Value that is on your Card and your transaction history, 24 hours a day 7 days a week, by visiting the Website and logging in with your Card number and password.
19. RESOLVING DISPUTES OR ERRORS ON ACCOUNT STATEMENTS
If you become aware of any error or unauthorised transaction that relates to your use of your Card, you must contact the EFG immediately by;
• email: support@efundraisingdirectory.com.au
• phone: 07 3303 8666 or by
• mail : eFundraising Group
Level 10/24 Eagle St
Brisbane Qld 4000
As soon as you can, you must also provide EFG with the following:
• your name and address, account number and Card number;
• details of the transaction or the error you consider is wrong or unauthorised;
• a copy of the account statement in which the unauthorised transaction or error first appeared;
• whether your Card was signed and your PIN secure; and
• the dollar amount and an explanation as to why you believe it is an unauthorised transaction or an error.
Communication sent via post will be acknowledged within 5 business days. If we need to investigate your matter further, we will advise you of what actions we propose to take, and an estimated timeframe. Should there be any changes, we will advise you as soon as possible.
We aim to resolve your complaint within 30 days of your initial communication, whilst keeping you informed with regular updates and informing you of the outcome of our investigations.
If you are not satisfied with the resolution of your complaint, it will then be forwarded to the Customer Service Manager who will then manage your complaint, and communicate with you personally to discuss the resolutions that you have been offered and how a suitable resolution might be reached.
EFG agrees to fully explore such avenues wherever possible in order to provide you with a satisfactory outcome.
Refer to our Dispute Resolution Procedures policy, found online at
www.efundraisingdirectory.com.au
20. EFG’s Liability
By using your Card you agree that, subject to paragraph 17, EFG’s liability (including the liability of EFG’s officers as defined in the Corporations Act 2001) is limited up to a maximum value of AUD $15.00 (Fifteen Dollars) in respect of any loss or damage your suffer in any way arising directly or indirectly as a result of using your Card.
However, there are some exceptions where EFG will have no liability. You agree that EFG will not be liable:
• If, through no fault of EFG, you do not have enough money in your account to complete the transaction.
• If circumstances beyond EFG’s control (force majeure) prevent the transaction despite reasonable precautions that we have taken.
• If you are taken to have contributed to the unauthorised use of your Card under paragraph 17(2).
• If EFG have not contributed to or caused your loss through any error or omission on its part.
• If EFG have acted in good faith upon your instructions.
21. PRIVACY AND INFORMATION COLLECTION
Privacy Policy online @
www.efundraisingdirectory.com.au
Collection of information
You acknowledge and agree that EFG may collect your personal information:
• to provide information about a product or service;
• to consider your request for a product or service;
• to provide you with a product or service;
• to assist in arrangements with other organisations in relation to the promotion and provision of a product or service or suspend its operation until it is provided;
• to perform administrative and operational tasks (including systems development and testing, staff training, and market or customer satisfaction research);
• to prevent or investigate any fraud or crime (or a suspected fraud or crime); and
• as required by relevant laws and scheme rules.
Absence of relevant information
If you do not provide some or all of the information requested EFG may be unable to provide you with a product or service.
Providing your information to others
EFG may provide your information:
• to another member of its group;
• to any outsourced service providers (for example mailing houses, data switch service companies);
• to regulatory bodies, government agencies, law enforcement bodies and courts;
• to other parties as is authorised or required by law; or
• to participants in the payments system and other financial institutions for the purpose of resolving disputes, errors or other matters arising out of your use of the Card.
Cardholder Communication
You agree that EFG may periodically send you marketing and/or other correspondence by email, SMS or other, including electronic, means. Where relevant, such communications will comply with the Spam Act 2003.
If you have accepted the offer to receive marketing information we may also use the information for marketing purposes including amongst other things to identify and offer you by phone, post, or other means, any further products, services and offers which we think may be of interest to you.
You may opt out of this communication by advising EFG by email, Post or telephone.
Accessing your personal information
Subject to the provisions of the Privacy Act 1988 (Cth), you may access any of your personal information at any time by calling EFG. EFG may charge you a reasonable fee for access. If you can show that information about you is not accurate, complete and up to date, EFG will take reasonable steps to ensure it is corrected so that it is accurate, complete and up to date.
Collecting your sensitive information
EFG will not collect sensitive information about you, such as health information, without your consent.
22. CHANGES TO THESE CONDITIONS OF USE
We may change, add to or delete the terms and conditions set out in these Conditions of Use at any time. This includes varying our fees or charges.
Where we make changes to these Conditions of Use that require us to notify you in advance of the change, we will provide you with a notice of the change and the date the change is to be implemented.
Where we are not required to give you notice prior to implementing the change, we may do so immediately without providing prior notification to you.
Any notice we are required to give to you concerning any change to these Conditions of Use may be given to you in accordance with any law or code, which may include:
• a notice on electronic equipment (which may include the Website);
• press advertisements; or
• a letter.
Any notice or document may be given by us sending it to your last known address. Except where it contravenes a law, if we send it to your last known address, it is taken to have been received on the date it would have been delivered in the ordinary course of the post.
A copy of the latest version of these Conditions of Use will be available at all times online at www.efundraisingdirectory.com.au at no cost to view.
23. OTHER GENERAL CONDITIONS
These Conditions of Use are governed by the laws of Queensland.
You may not assign your rights under these Conditions of Use to any other person. EFG may assign its rights or transfer the contract to another person.
If EFG transfers or assigns the rights under these Conditions of Use, these Conditions of Use will apply to the transferee or assignee as if it were named as EFG.
If EFG fails to exercise or delay in exercising any of its rights under these Conditions of Use, that failure or delay does not constitute a waiver of its rights. EFG may exercise its rights under these Conditions of Use at any time, despite any previous failure or delay on its part.
You must pay all amounts due under these Conditions of Use without setting off amounts you believe EFG owes you.
24. DEFINITIONS
In this document, unless otherwise indicated:
ATM means an automatic teller machine.
Business Day means a day that banking institutions are open in Brisbane, excluding Saturday, Sunday and public and bank holidays.
Card means the Eftpos prepaid reloadable card issued by EFG to you and is referred to as the eFundraising Swipe2give Card.
Card Limit means the total Value that may be stored on a Card at any one time, which as at the date of these Conditions of Use, is $1,000.
Direct Credit (also known as Electronic Funds Transfer or EFT) enables you, through your financial institution, to load Value from your nominated account onto your Card.
EFTPoS means Electronic Funds Transfer Point of Sale.
Electronic Banking Terminal means an EFTPoS device.
Electronic Transaction means a transaction initiated by your instruction to purchase goods and/or services using the Card and your PIN or signature depending on the relevant
authorisation requirement at the Electronic Banking Terminal.
EFG means eFundraising Group Pty Ltd ACN 126 590 609.
Expiry Date means the expiry date printed on the front of the Card.
Minimum Spend means the minimum amount of goods or services you are required to
purchase from the Participating Merchant (in one transaction) in order for the
Participating Merchant to complete the
Swipe2give Contribution.
Participating Merchants means the businesses that are registered and participate in the Swipe2give Program. A list of merchants who participate in the Swipe2give Program from time to time is listed on the eFundraising
Directory that is located on the Website.
Organisation means the Club, Group, Charity, Church, School or other Organisation which your Card is associated with, that is, the Organisation that your Card is linked to and which will receive the contribution from Participating Merchants when your Card is swiped in accordance with the Swipe2give Program.
PIN means the Personal Identification Number required to be entered by you when using the Card for Electronic Transactions (except for transactions requiring a signature and transactions conducted over the internet). The PIN is set by you at the same time you activate your Card.
POS means Point Of Sale.
Reloadable means that additional value may be loaded onto your Card from time to time in accordance with these Conditions of Use and provided that the Value stored on your Card does not exceed the Card Limit.
Swipe2give Contribution means the financial contribution that the Participating Merchant will provide to your Organisation provided that you complete the Minimum Spend.
Swipe2give Program means the program that is established by EFG whereby presentation of your Card at Participating Merchants after you have completed the Minimum Spend will result in the relevant Participating Merchant
completing a Swipe2give Contribution.
Value means the monetary value stored on your Card from time to time (expressed in
Australian Dollars), that remains available to you.
We, us, our means EFG
(eFundraising Group Pty Ltd)
Website means
www.efundraisingdirectory.com.au
INTERPRETATION
Reference to:
• one gender includes the other;
• the singular includes the plural and the plural includes the singular;
• a party named in these Conditions of Use includes the part’s executors, administrators, successors and permitted assigns;
• money is referring to Australian Dollars unless otherwise stated;
• “Including” and similar expressions are not words of limitation;
• where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
• headings and any table of contents or index are for convenience only and do not form part of these Conditions of Use or affect its interpretation;
• if an act must be done on a specified day which is not a Business Day, it must be done on the next business day.
eFundraising Group
eFundraising Group
EFTPOS PREPAID CARD
Low Value
Conditions of Use
EFG Participating Merchants
(Valid from 12 May 2009)
BEFORE YOU USE YOUR CARD
Please read these Conditions of Use. They apply to all transactions that arise as a consequence of your participation as a merchant in the Swipe2give Program performed by Swipe2give cardholders involved in the EFG Swipe2give program through your EFTPoS terminal(s), including your Merchant Activation Card.
Your activation of the Card signifies your understanding and acceptance of these
Conditions of Use.
If you fail to properly safeguard your Card and PIN you may increase your liability for unauthorised use.
If these Conditions of Use are not clear to you, contact eFundraising Group Pty Ltd ACN 126 590 609 (EFG) BEFORE using your Card.
1. INTRODUCTION
In accepting a Card from EFG you acknowledge that you have read, and understand these Conditions of Use and are obliged to comply with them.
2. SIGNING YOUR CARD
You agree to sign your Card as soon as you receive it and t, as a means of preventing unauthorised use. Your Card is valid only if it has been signed by you and if it is used before the Expiry Date.
3. THE CARD
The Card is Reloadable. You agree that you will keep your Card in a safe and secure place. You agree that EFG is not responsible for the safekeeping of your Card.
You acknowledge and agree that your Card cannot be used in an Electronic banking Terminal to make purchases or to withdraw cash. You agree that your Card is to be used only for the following purposes:
• to activate your EFTPoS terminals for the purpose of linking you as a Merchant to the Swipe2give program;
• you ons and Fees as schedule To enable us to provide the Swipe2give Contribution;
• to provide a login account that you can use to view account balances and transactions online.
You acknowledge and agree that you will not earn any interest on any Value stored on your Card. You agree that you will not use your Card or participate in the Swipe2give Program for the purposes of conducting any illegal activities.
Transactions will not necessarily be processed to your account on the same day they occur.
You will continue to be liable to EFG for the Value of any withdrawal or debit transaction occurring after you have closed your Card account.
4. MERCHANT FUNCTIONALITY - EFG
Swipe2give PROGRAM
By accepting a Card, you acknowledge and agree that EFG will register you in the eFundraising Directory and that you will participate the EFG Swipe2give Program as a merchant.
In addition, you acknowledge and agree:
• You, as a Participating Merchant, can at any time (provided that EFG’s consent has been obtained), alter the Minimum Spend that you have set for your Business This change will attract the Swipe2give Contribution and fees that are set out in the table at paragraph 11. The Minimum Spend should reflect a typical average spend by a typical customer.
• You agree to allow Cardholders to perform a transaction once they have performed a Minimum Spend. Registered and Participating Merchants acknowledge that this will be performed automatically should the Cardholder use their Card for payment (and provided that the Minimum Spend has been met).
• You fully indemnify eFundraising Group Pty Ltd and its partners from any liability should any card involved in the program be compromised, misused, stolen and as a result an unauthorised transaction takes place. Further, should this transaction trigger a direct debit transaction to the Participating Merchants EFG account, the Participating Merchant agrees to fully indemnify EFG for such a transaction to occur.
• You accept full responsibility and accountability for all monies that are contributed and fees paid for the program from a taxation perspective. EFG considers all Contributions from Participating Merchants to be a marketing expense for the program.
• You can exit the program at any time as long as you contact EFG with written notification of same and have paid any outstanding monies owing to EFG or its partners. EFG will contact you within 48 hours of receiving written notification to exit the program and will delist you from the directory and deregister your EFTPoS machine(s) that were activated. Your account will be closed and you will be sent payment for balance of monies in your account, minus any outstanding fees, charges or contributions owing. Your Card will be deactivated.
• You can be delisted from the eFundraising Directory at any time at the sole discretion of EFG. Your Card will be deactivated.
• You will activate all EFTPoS terminals in your place of business for the EFG program on receipt of your EFG Merchant Activation Card.
• You will notify EFG should your EFTPoS terminal(s) Merchant I.D number(s) change or should maintenance occur on your EFTPoS terminals whilst you are registered as a Participating Merchant in the EFG eFundraising Directory.
• You will also notify EFG should any of your business details change (including address of business, telephone number, email address etc.)
• You ultimately decide whether a cardholder has met the Minimum Spend and that the Contribution can take place.
• You acknowledge and agree that when the Minimum Spend is met or exceeded by the cardholder when using the Card as a Payment Card, this will automatically trigger the Contribution and associated fee from your account. EFG will deduct your Card with the amount of the Swipe2give Contribution and associated fee.
• You acknowledge and agree that under no circumstances will EFG provide credit or credit facilities to you through your participation in the program.
5. LOADING THE CARD
You as a Participating Merchant, acknowledge and agree to sign a Direct Debit Request form (DDR) when joining the program. The DDR will give authorisation for EFG to debit a nominated account (as nominated by you, the Participating Merchant) for a set amount once the balance of your Participating Merchant’s Card account reaches a set amount (as nominated by the Participating Merchant). The amount debited from a nominated account will be transferred to the Merchants Card account for the Contributions and Fees to be debited from. The DDR form is accompanied by a full set of Terms and Conditions specifically relating to the DDR process.
6. ACTIVATING THE CARD
After successful application for a Card, you will be required to activate your Card. To activate your Card, go online at
www.efundraisingdirectory.com.au and follow the prompts. By activating your Card online you agree to be bound by all of the terms and conditions set out in these Conditions of Use (as amended from time to time.)
7. PERSONAL IDENTIFICATION NUMBER (PIN) SECRECY
You agree that:
• you will not record your PIN on your Card or on anything with or near your Card;
• your PIN is only to be used to activate your EFTPOS Terminal(s): refer to paragraph 6 above for details.
• you will not tell anyone your PIN or let anyone see it; and
• if you think that your PIN has become known to someone else, you will notify EFG immediately.
8. IMPORTANT POINTS TO REMEMBER TO SAFEGUARD YOUR CARD
Important information you should consider:
• no-one from EFG will ever ask you for your PIN, therefore, you should never disclose it to anyone either verbally, in writing or electronically;
• do not access EFG’s website via an email link embedded in an email. Always access the website directly from your internet page;
• maintain up-to-date anti-virus software and a firewall on your computer;
• never leave your Card unattended, e.g. in your car or at work;
• examine your account activity regularly to identify and report, as soon as possible, any instances of unauthorised use; and
• for security reasons, on the Expiry Date destroy your Card by cutting it diagonally in half.
9. REPORTING THE LOSS OR THEFT OF YOUR CARD
If you believe your Card has been lost or stolen, you should IMMEDIATELY go online to www.efundraisngdirectory.com.au and report this by placing a stop on your Card. To do this you select the tab “Lost/Stolen Card” and follow the instructions. Upon successful suspension of your Card, Swipe2give Contributions will be blocked and even if you should find your Card you will not be able to use it until you have spoken with EFG to reactivate your card. Also upon successful suspension of your Card, an email will be automatically generated to EFG. EFG will use its best endeavours to contact you within 24 hours of the next business day of when you placed the stop on your Card to arrange either a replacement card to be issued or your card to be reactivated in circumstances where you have found it.
You must give EFG a reasonable time to arrange cancellation or the issue of a replacement Card.
Should you believe that your PIN has become known to someone else you should IMMEDIATELY go online to www.efundraisngdirectory.com.au and select Change PIN/password, and follow the prompts to change your PIN (fees and charges apply – refer to paragraph 11). It is your responsibility to ensure your PIN is secure at all times and should not be disclosed to any one at any time (refer point 6 and 7).
You can contact us by email –
support@efundraisingdirectory.com.au or during business hours by phone on 07 54762463.
A full summary of Card Support procedures can be found online at
www.efundraisingdirectory.com.au.
10. LOADING VALUE
Participating Merchants agree to complete and return a Direct Debit Request (DDR) form.
The DDR will give authorisation for EFG to debit a nominated account (as nominated by the Participating Merchant) for a set amount once the balance of the Participating Merchant’s Card account reaches a set amount (as nominated by the Participating Merchant). The amount debited from a nominated account will be transferred to the Merchants Card account for the Contributions and Fees to be debited from. A card load fee of 30c applies each time there is a top up of your Card as agreed (refer to paragraph 11 below).
It can take up to 72 hours for your top up funds for funding of the Contribution payments to be loaded onto your Merchant Card through the Direct process.
EFG recommends that you regularly check your balance online.
11. FEES AND CHARGES
The following standard fees and charges apply. You agree to pay to EFG all fees and charges that are set out in these Conditions of Use. You authorise EFG to automatically deduct these fees and charges from your Card Value by debiting the Value at any time, without notice to you. All fees and charges that are set out in this paragraph are inclusive of GST. EFG reserve the right to vary these fees and charges from time to time and will give you a minimum of 21 days notice of such changes prior to them coming into effect. EFG may give notice by any of the methods referred to in paragraph 20.
Card Activation Fee Free
EFTPOS Terminal Activation - $0.25 per Swipe
The table above outlines the Contribution and Fee Schedule for Swipe2give Participating Merchants.
Note: The contribution and transaction fees will only be applied once per transaction. These contribution and fee rates are a minimum rate, you can authorise to increase these rates in agreement with EFG but you cannot reduce them. Any change to these rates needs to be authorised by EFG. Each Participating Merchant will be set their own contribution and fee schedule at the time of signing up with EFG as a Participating Merchant.
Contribution Funding Load via Direct Credit $0.30 per transaction
PIN Reset $0.15 per change
Card Replacement $10 per Card
Account Closure $10 – includes
balance transfer by direct credit/cheque, excludes replacement card.
The table above outlines the Contribution and Fee Schedule for Swipe2give Participating Merchants.
Note: The contribution and transaction fees will only be applied once per transaction. These contribution and fee rates are a minimum rate, businesses can authorise to increase these rates in agreement with EFG but cannot reduce them. Any change to these rates needs to be authorised by EFG. Each Participating Merchant will set their own contribution and fee schedule.
12. AUTHORISATIONS
You:
• acknowledge that EFG has the right to refuse authorisation for you to effect any transaction for any reason;
and
• agree that EFG will not be liable to you or anyone else for any loss or damage that you or anyone else suffer as a result of EFG’s refusal to authorise any transaction.
13. RENEWAL OF CARD
All card renewals, at the end of the Expiry Date, will be organised through EFG (see paragraph 14 below). You must give EFG a reasonable time to arrange cancellation or the issue of a replacement Card.
14. CARD EXPIRY
The Card is valid until the Expiry Date
Within 30 days prior to your Merchant Card expiring EFG will automatically send you a new Card (fees will apply see replacement card cost in paragraph 11). Your new Card will replace your expired or about to expire (as the case may be) Merchant Card and the program will continue as normal. If you wish to withdraw from the program and not receive a replacement Card you must advise EFG in writing prior to 30 days before your card expires.
Should you decide to withdraw from the
program and you have advised EFG of this in writing prior to 30 days before your card expires:
• After the expiry date if any Value remains on your Card and that Value is less than $20.00, you will be charged a Card Cancellation Fee equal to the Value remaining on your Card. For example, if on the Expiry Date $18.25 remains on your Card, on the Expiry Date EFG will charge you a Card Cancellation Fee equal to $18.25;
• After the expiry date if any Value remains on your Card and that Value is greater than $20.00, you will be charged a Card Cancellation Fee equal to $20.00, and then all remaining funds on your Card will be forwarded to your nominated account or paid to you by cheque. For example, if on the Expiry Date $55.00 remains on your Card, on the Expiry Date EFG will charge you a Card Cancellation Fee equal to $20.00 and the remaining $35.00 will be sent to your nominated account or paid to you by cheque.
Swipe2give Contributions will continue to be deducted up to your Card Expiry Date unless you have withdrawn from the program and provided the 30 days notice (refer to paragraph 14):
• after your Card Expiry Date shown; or
• after your Card has been cancelled.
In the event that an expired or cancelled Card is used, Swipe2give Contributions will not continue from your Card.
You will continue to be liable to reimburse EFG for any indebtedness incurred through such use.
15. CANCELLATION AND RETURN OF YOUR CARD
Your Card always remains the property of EFG.
EFG may:
(1) demand the return of your Card issued to you at any time:
• for security reasons; or
• if you breach these Conditions of Use.
You may cancel your Card at any time by giving EFG written notice. Cancellation of your Card may not be effective until your Card is
returned to EFG. Once cancelled, you agree that your participation in the Swipe2give Program is terminated.
You must return your Card to EFG when:
• EFG notifies you that it has cancelled your Card;
• you cancel your Card; or
• EFG requests that your Card be returned for any other reason.
16. STATEMENT OF TRANSACTION HISTORY
You may check the Value that is on your Card and your transaction history, 24 hours a day 7 days a week, by visiting the Website and logging in with your Card number and password.
17. EFG’s LIABILITY
EFG (including its officers as defined in the Corporations Act 2001) limits its liability for any losses or damages caused by us up to a maximum value of AUD$15.00 (Fifteen Dollars).
However, there are some exceptions. We will not be liable, for example:
• If, through no fault of EFG, you do not have enough money in your account to complete the Swipe2give Contribution.
• If circumstances beyond EFG’s control (force majeure) prevent the transaction despite reasonable precautions that we have taken.
18. DISPUTE RESOLUTION PROCEDURES
If you have a complaint you can contact us directly by
• email: support@efundraisingdirectory.com.au
• phone: 07 3303 8666 or by
• mail : eFundraising Group
Level 10/24 Eagle St
Brisbane Qld 4000
Communication sent via post will be
acknowledged within 5 business days. If we need to investigate your matter further, we will advise you of what actions we propose to take, and an estimated timeframe. Should there be any changes, we will advise you as soon as possible.
We aim to resolve your complaint within 30 days of your initial communication, whilst keeping you informed with regular updates and informing you of the outcome of our investigations.
If you are not satisfied with the resolution of your complaint, it will then be forwarded to the Customer Service Manager who will then manage your complaint, and communicate with you personally to discuss the resolutions that you have been offered and how a suitable resolution might be reached.
EFG agrees to fully explore such avenues wherever possible in order to provide you with a satisfactory outcome.
Refer to our Dispute Resolution Procedures policy, found online at
www.efundraisingdirectory.com.au
PRIVACY AND INFORMATION COLLECTION
Privacy Policy online @
www.efundraisingdirectory.com.au
Collection of information
You acknowledge and agree that EFG may collect your personal information:
• to provide information about a product or service;
• to consider your request for a product or service;
• to provide you with a product or service;
• to assist in arrangements with other organisations in relation to the promotion and provision of a product or service or suspend its operation until it is provided;
• to perform administrative and operational tasks (including systems development and testing, staff training, and market or customer satisfaction research);
• to prevent or investigate any fraud or crime (or a suspected fraud or crime); and
• as required by relevant laws and scheme rules.
Absence of relevant information
If you do not provide some or all of the information requested EFG may be unable to provide you with a product or service.
Providing your information to others
EFG may provide your information:
• to another member of its group;
• to any outsourced service providers (for example mailing houses, data switch service companies);
• to regulatory bodies, government agencies, law enforcement bodies and courts;
• to other parties as is authorised or required by law; or
• to participants in the payments system and other financial institutions for the purpose of resolving disputes, errors or other matters arising out of your use of the Card.
Cardholder Communication
You agree that EFG may periodically send you marketing and/or other correspondence by email,
SMS or other, including electronic, means. Where relevant, such communications will comply with the Spam Act 2003.
If you have accepted the offer to receive marketing information we may also use the information for marketing purposes including amongst other things to identify and offer you by phone, post, or other means, any further products, services and offers which we think may be of interest to you.
You may opt out of this communication by advising EFG by email, Post or telephone.
Accessing your personal information
Subject to the provisions of the Privacy Act 1988 (Cth), you may access any of your personal information at any time by calling EFG. EFG may charge you a reasonable fee for access. If you can show that information about you is not accurate, complete and up to date, EFG will take reasonable steps to ensure it is corrected so that it is accurate, complete and up to date.
Collecting your sensitive information
EFG will not collect sensitive information about you, such as health information, without your consent.
19. CHANGES TO THESE CONDITIONS OF USE
We may change, add to or delete the terms and conditions set out in these Conditions of Use at any time. This includes varying our fees or charges.
Where we make changes to these Conditions of Use that require us to notify you in advance of the change, we will provide you with a notice of the change and the date the change is to be implemented.
Where we are not required to give you notice prior to implementing the change, we may do so immediately without providing prior
notification to you.
Any notice we are required to give to you concerning any change to these Conditions of Use may be given to you in accordance with any law or code, which may include:
• a notice on electronic equipment
(cardholder’s website);
• press advertisements; or
• a letter.
Any notice or document may be given by us sending it to your last known address. Except where it contravenes a law, if we send it to your last known address, it is taken to have been received on the date it would have been delivered in the ordinary course of the post.
A copy of the latest version of these Conditions of Use will be available at all times online at www.efundraisingdirectory.com.au at no cost to view.
20. OTHER GENERAL CONDITIONS
These Conditions of Use are governed by the laws of Queensland.
You may not assign your rights under these Conditions of Use to any other person. EFG may assign its rights or transfer the contract to another person.
If EFG transfers or assigns the rights under these Conditions of Use, these Conditions of Use will apply to the transferee or assignee as if it were named as EFG.
If EFG fails to exercise or delay in exercising any of its rights under these Conditions of Use, that failure or delay does not constitute a waiver of its rights. EFG may exercise its rights under these Conditions of Use at any time, despite any previous failure or delay on its part.
You must pay all amounts due under these Conditions of Use without setting off amounts you believe EFG owes you.
21. DEFINITIONS
In this document, unless otherwise indicated:
ATM means an automatic teller machine.
Business Day means a day that banking
institutions are open in Brisbane,
excluding Saturday, Sunday and public and bank holidays.
Card means the Eftpos prepaid reloadable card issued by EFG to you and is referred to as the Merchant Activation Card or Merchant Card.
Card Limit means the total Value that may be stored on a Card at any one time, which as at the date of these Conditions of Use, is $1,000.
Direct Credit (also known as Electronic Funds Transfer or EFT) enables you, through your financial institution, to load Value from your nominated account onto your Merchant Card
Direct Debit means that you have authorised us to arrange to debit your financial institution where you hold an account
DDR (Direct Debit Request) means the Direct Debit Request between you and us. By signing a Direct Debit Request you have authorised us to arrange for funds to be debited from your account.
EFTPoS means Electronic Funds Transfer Point of Sale.
EFG means eFundraising Group Pty Ltd ACN 126 590 609.
Expiry Date means the expiry date printed on the front of the Card.
Minimum Spend means the minimum amount of goods or services a Cardholder must purchase from the Participating Merchant (in one transaction) in order for the Participating Merchant to complete the Contribution.
Participating Merchants means the businesses that are registered and participate in the Program. A list of merchants who participate in the Program from time to time is listed on the eFundraising Directory that is located on the Website.
Organisation means the Club, Group, Charity, Church, School or other Organisation which Cardholders are associated with.
PIN means the Personal Identification Number required to be entered by you when using the Card to activate your terminal/s to enable participation in the Swipe2give Program.). The PIN is set by you at the same time you activate your Card.
POS means Point Of Sale.
Reloadable means that your Card will be topped up as required from time to time in accordance with these Conditions of Use to ensure that the agreed Contributions can be funded as per the signed DDR.
Contribution means the financial
contribution that you the Participating
Merchant will provide to Swipe2give
Cardholder’s associated Organisations provided that they complete the Minimum Spend.
Swipe2give means the program that is
established by EFG whereby presentation of Cards at Participating Merchants after Cardholders have completed the Minimum Spend will result in the relevant Participating Merchant completing a Contribution.
Value means the monetary value stored on your Card from time to time (expressed in Australian Dollars), that Contributions will be debited from.
We, us, our means EFG
(eFundraising Group Pty Ltd)
Website means
www.efundraisingdirectory.com.au
1. INTERPRETATION
Reference to:
• one gender includes the other;
• the singular includes the plural and the plural includes the singular;
• a party named in these Conditions of Use includes the part’s executors, administrators, successors and permitted assigns;
• money is referring to Australian Dollars unless otherwise stated;
• “Including” and similar expressions are not words of limitation;
• where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
• headings and any table of contents or index are for convenience only and do not form part of these Conditions of Use or affect its interpretation;
• if an act must be done on a specified day which is not a Business Day, it must be done on the next business day.
