These Conditions of Use apply to the PayWith Prepaid Mastercard (“Card”) issued by EML Payment Solutions Limited (“EML”) ABN 30 131 436 532, AFSL 404131 (“we”, ”us”, ”our”). In these Conditions of Use, “you” are the Card user and if you acquire the Card you will have a contract with us. When we refer to the “Pays”, we are referring to Apple Pay, Google Pay or Samsung Pay and further, when we refer to a “Device”, we are referring to a mobile or wearable device that allows you to store or otherwise add a Card to the Device.

 

Accepting the Card and agreeing to these Conditions of Use

​

1. By allowing the addition of the Card into your Pays-enabled Device, you: (a) agree to be bound by these Conditions of Use; and (b) acknowledge that you have read and understood our Privacy Policy (available at https://www.emlpayments.com/privacy).

​

How and where you can use the Card

​

2. The Card is a Mastercard prepaid card that can be used for purchasing goods and services where Mastercard prepaid cards are accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions). The Card is not a credit card and is not linked to a deposit account with us. Some merchants may choose not to accept Mastercard prepaid cards.

​

Purchases exceeding the Card value

​

3. The Card 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.

​

Validity and expiry of the Card

​

4. The Card is reloadable and is valid until the expiry date shown on the front of the Card and cannot be used after expiry.  At expiry, any remaining available balance will be forfeited. We will not give you any notice before this happens.

​

No cash advances

 

5. The Card cannot be used to obtain or redeem cash and cannot be used for making direct debit, recurring, or regular instalment payments. Authorisations may be declined at some merchants (such as gambling merchants or merchants who choose not to accept the Card). We are not liable in any way when authorisation is declined for any particular transaction except where the authorisation has been declined because of an act or omission on our part.

​

Fees

​

6. We do not charge any fees for using the Card. However, 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.

​

7. A 2.99% foreign exchange conversion fee applies to transactions in any currency other than Australian dollars and is calculated on the Australian dollar transaction amount. This will be included in the total transaction amount debited to the Card.

​

Your Card, your responsibility

​

 8. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents. If you notice any error relating to the Card, you should notify Paywith Client Services immediately on 1800 952 365 during business hours or alternatively you can send an email to customer-service@mcard.com.

​

9. We are not liable in circumstances where you have other cards stored on the Device for payment and you inadvertently use the Card when using your Device as a payment method. You must ensure that you select the correct card prior to using your Device as a payment method.

​

10. We are not otherwise liable for the use, functionality or availability of a Device, the availability of merchants who allow the use of the Device and Card as payment, or a reduced level of service caused by the failure of third party communications and network providers (except to the extent deemed liable under the ePayments Code).

​

11. We are not liable for transactions on your Card: (a) if your Device security measures are compromised; or (b) where you allow others access to, or the means to access, your Device; or (c) if any other circumstances in which you allow others to circumvent the security measures of your Device.

​

 

Errors and complaints

​

12. If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved. If you cannot resolve the dispute with the merchant, you can contact Paywith Client Services on 1800 952 365 during business hours or alternatively you can send an email to customer-service@mcard.com. 

​

13. We may restrict or stop the use of the Card if suspicious activities are noticed.

​​

Refunds or exchanges

​

14. Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.

​

Checking your Card balance and transaction history

​

15. You are responsible for checking your transaction history online and knowing your available balance through your Device. You can access your balance and transaction history by phoning 1800 952 365 during business hours.

​

16. If you have a query about the Card, you should initially contact Paywith by phoning Client Services on 1800 952 365 during business hours. If you have a complaint relating to the Card, please contact Paywith at any of the following:

​

Phone:  1800 952 365 from 8am – 5pm

​

Monday to Friday (Brisbane time)

​

Email:   customer-service@mcard.com

​

Privacy and confidentiality

​

17. Information will be disclosed to third parties about the Card, or transactions made with the Card, whenever allowed by law, and also where necessary to operate the Card and process transactions. A full privacy policy can be viewed at https://www.emlpayments.com/privacy.

​

Changes to these Conditions of Use

​

18. We reserve the right to change these Conditions of Use at any time. Any changes to these Conditions of Use can be viewed at https://www.emlpayments.com/.

​

Applicable law

​

19. These Conditions of Use are to be construed and enforced in accordance with the laws of Queensland, Australia. Any dispute arising from your receipt or use of a Card is exclusively subject to the jurisdiction of the courts of Queensland, Australia.