This Product Disclosure Statement and Terms & Conditions (“PDS”) contains important information about the use of the Card facility (the “Card”). It's important you read this document carefully.
It includes:
- Section A – General Information. You should read this section to find out whether the product is right for you.
- Section B – Card Terms and Conditions, setting out terms and conditions that apply if you acquire a Card.
- Section C – Definitions, setting out the meaning of key terms used throughout Sections A & B.
Section A - General Information
The Card is issued by EML Payment Solutions Limited ABN 30 131 436532, AFSL 404 131 (“Issuer”). Mastercard Prepaid Management ServicesAustralia Pty Ltd ABN 47 145 452 044 AFSL 386 837 (“Mastercard Prepaid”) is the card program manager of the Card and is responsible for providing various cardholder services to you.
The Issuer is an Australian company authorised to issue the Card under an arrangement with Mastercard Prepaid. The Issuer’s Australian Financial Services Licence (“AFSL”) 404131 authorises it to deal in, and provide financial product advice in relation to, certain classes of financial products, including the Card.
When you take out a Card, you are entering into a contract with the Issuer, not with Mastercard Prepaid. In these terms and conditions any reference to 'we' or 'us' is a reference to the Issuer; 'you' are the user of the Card.
This PDS contains important information and terms and conditions about the use of your Card and has been prepared by the Issuer. This PDS does not take into consideration your objectives, financial situation or needs. Before applying for a Card and you should consider whether the Card is appropriate for you, having regard to your own objectives, financial situation and needs. It is important that you read and understand this PDS before deciding to apply for this product. The Target Market Determination for this product can be located on the Stables website.
Information in this PDS that is not materially adverse information is subject to change from time to time. You may access this updated information online.
What is the Card?
The Card is a prepaid, reloadable Mastercard which allows you to make purchases using funds in your Stables Digital Wallet. When you use the Card for a transaction, an amount of USDC in your Stables Digital Wallet is instantly converted into Australian Dollars and loaded onto the Card to complete your transaction as you would using any other card.
Significant Benefits of the Card
Convenient - the Card is a convenient way for you to access your funds in your Stables Digital Wallet. You can use it online or to pay directly for goods and services at merchants who accept Mastercard. The Card may not operate in some countries or geographical locations due to restrictions imposed by Mastercard. You can find information regarding the merchants where restrictions apply here. Please also note that the Card cannot be used for manual (non-electronic) transactions. In addition, the Card must not be used for any unlawful activity. You agree to never give another person access to your Card.
Reloadable - the Card is reloadable, which means that during the life of the Card, value can be loaded multiple times, within the applicable limits, from your Stables Digital Wallet.
Contactless - your Card is contactless. Mastercard contactless is the faster way to pay for purchases under the applicable transaction limit ($100 in Australia) without signature or PIN. Just tap your Card against the reader and go. For more information, please visit www.mastercard.com/contactless. Transaction limits for contactless transactions may change from time to time. For transactions above the limit, additional authorisation is required. Different transaction limits apply in different countries.
Easy - once activated, you will be able to use your Card as any other digital card.
Things you need to know before obtaining a Card
Security
It is important that you safeguard your Card details, your PIN and any other passwords, equipment or software required for operation of the Card, for example, our mobile device.
If you do not, then you may be liable for unauthorised transactions and other amounts as explained further in Section B. You may also have other liabilities, liability may be limited, as described in the Terms and Conditions.
In certain circumstances, theIssuer’s liability in respect of unauthorised or mistaken transactions is limited, meaning that you may still be liable for the transaction. In some circumstances the Issuer may not be liable for losses caused by equipment or system failure (including consequential losses), meaning that you may still be liable for the transaction and consequential losses.
Counterparty Risk
As counterparty to the Card, you are relying upon the Issuer’s financial ability to fulfil its obligations to you. As a result, you have counterparty risk. The ability to transact with the Card is ultimately dependent on the redeemed amount from your Stables Digital Wallet being transferred to EML. Accordingly, if Stables becomes insolvent or if there is otherwise a delay in the transfer of your redeemed amount, there is a risk you may not be able to transact using the Card.
The balance amount on your Card is not a deposit and you do not have any depositor protection under the Financial Claims Scheme or any government guarantee which means you may lose all or part of your remaining balance of your Card in the event of an insolvency of the Issuer.
Exchange risk
When you use the Card for a transaction, the USDC in your Stables Digital Wallet will be redeemed into Australian Dollars by Stables at the sell price for USDC at the time of the purchase or pre-authorisation (as applicable). As such, the sale of USDC is subject to market fluctuations and you may be subject to variations in the value of USDC as against the Australian Dollar at the time of each transaction.
Service Availability
In some circumstances, there is a risk that point-of-sale services may not be available for a period of time. The Issuer and Mastercard Prepaid are dependent upon the reliability and operational processes of technology and communications providers, with respect to computer and telecommunications network. While all parties seek to achieve 100% availability, process and service disruptions may occur periodically. The Card cannot be used for non-electronic transactions or offline transactions.
Card expiry
Your Card has an expiry date of 3 years and cannot be used after it has expired.
Pre-authorisation
Certain businesses (e.g. hotels, cruise lines and car rental companies) may ask for pre-authorisation of the estimated cost of the final bill. If the Card is used for this purpose, this pre-authorised amount will be temporarily unavailable (and in some cases for up to 30 days). Only the actual amount of the final bill will be deducted from the Card balance. If you do use the Card for a pre-authorisation and need access to the pre-authorised amount within the 30 day period, you will need to contact the merchant directly to request the merchant to remove the pre-authorisation and it will be at Mastercard’s discretion to release the funds back onto your Card.
Third Party Limits
The amounts used for purchases using the Card may be limited by a merchant, or regional regulatory limits as relevant.
Fees and Limits
• Maximum transaction amount - USD $5,000
• Maximum amount permitted on your card in any 12-month period - USD $100,000
• Domestic Cardholder Fees - Up to 1.5% of the transaction amount
• International Cardholder Fees - Up to 2.99% of the transaction amount
• Foreign Currency Conversion Fee - 0%
Important information
The Card is not a deposit account or bank account with the Issuer, nor is it linked to any deposit account or bank account. Accordingly, you do not have any depositor protection under the Financial Claims Scheme or any government guarantee. You do not earn interest on the funds held on your Card.
What happens if you have a complaint?
If you have a complaint about the Card, please contact Mastercard Prepaid by calling 1800 098 231 (+44 207 649 9404 outside of Australia, call charges apply).
We will acknowledge your complaint promptly, either verbally or in writing, and do our best to resolve it straight away. If we can’t resolve your complaint within 5 business days, we will provide you with a written response providing the final outcome within no later than 30 days. We aim to resolve all complaints within 21 days. However, in some cases it may take up to 30 days. Your complaint may take a little longer to assess if we need more information or if your complaint is complex. In all cases, we’ll keep you updated on the progress. You can ask for information about how we manage complaints.
If you are not satisfied with our response, you may lodge a complaint with the Australian Financial Complaints Authority (AFCA). AFCA provides free and independent financial services complaint resolution and can be contacted on:
• Website: www.afca.org.au
• Email: info@afca.org.au
• Phone: 1800931 678 (free call)
• Mail: GPO Box 3,Melbourne VIC 3001.
Time limits may apply to complain to AFCA and so you should act promptly or otherwise consult the AFCA website to find out if or when the time limit relevant to your circumstances expires.
To contact the Issuer, EML Payment Solutions Limited, about your complaint:
• Phone: 1300 739 889 between 8:30am to 5pm Queensland time
• Website: http://www.emlpayments.com/
• Email: support@emlpayments.com.au
• Mail: Level 12, 333 AnnStreet, Brisbane QLD 4000
Section B - Card Terms and Conditions
1. Understanding these Terms and Conditions
1.1 These Card Terms and Conditions govern the use of the Card.
1.2 All amounts specified in these Terms and Conditions are in Australian dollars (unless otherwise specified).
1.3 References to days, times or periods of time in these Terms and Conditions are reckoned according to Australian Eastern Standard Time.
1.4 You agree to these Terms and Conditions by provisioning a Card, activating a Card, or using it to make a purchase, but these are not the only ways that you can be taken to have agreed to be bound by the Terms and Conditions.
1.5 The Issuer warrants that it will comply with the ePayments Code in its dealings with you relating to the Card.
2. Issuing of Cards
2.1 You should memorise the PIN to prevent unauthorised use of the Card. You must also follow the rules on Card security (see clause 13 below).
2.2 The Card is the Issuer’s property and the Issuer may suspend use of the Card.
2.3 The Card is not a credit card and, subject to the Card becoming overdrawn (which is prohibited), all use is limited to the available amount on your Card and any other limits referred to in these Terms and Conditions.
2.4 There is no interest payable to you on your Card balance.
2.5 Amounts can be added to the Card only as specifically provided in these Terms and Conditions.
2.6 Your Card balance does not amount to a deposit with the Issuer and the amount standing to the positive balance on the Card does not count as an amount or deposit for any purpose, other than as described in these Terms and Conditions.
2.7 The issuance of a Card is subject to you satisfying the relevant application criteria, as determined by us from time to time in order to meet customer identification and know your customer requirements set by law, including by providing us with sufficient information and proof in relation to your identity. We may at our discretion limit application criteria to drivers licence and/or passport holders of particular countries or by reference to particular types of identification at our sole discretion if we believe this is necessary for know your customer or due diligence purposes.
2.8 We may ask you to provide additional information in relation to your identity and/or source of funds at any time.
2.9 We reserve the right to refuse an application at our sole discretion on any lawful grounds, including but not limited to where we are unable to satisfy ourselves as to your identity or where your profile is inconsistent with our customer profile for the Card.
2.10 You must provide all information to us which we reasonably require in order to manage anti-money laundering or counter-terrorism financing and economic and trade sanctions, risks or to comply with any laws or regulations in Australia or any other country.
3. Activation
3.1 You must activate your Card by logging in through the App.
4. Expiry
4.1 The expiry date of the Card is three (3) years from the date it is provisioned and it cannot be used after it has expired
5. Use of the Card
5.1 The Card may, subject to any applicable fee, be used to pay for goods and services at merchants, or online, where Mastercard is accepted. The Card cannot be used at ATMs.
5.2 The Card cannot be used for manual (non- electronic) transactions. In addition, the Card must not be used for any unlawful activity. You agree to never give your Card or PIN to another person.
5.3 When using your Card at POS terminals, you must select "credit” and not the “cheque” or “savings” option. Please note that by selecting “credit” you are simply accessing your balance through the Mastercard payment scheme; you are not provided with any credit by the Issuer or any other person (although if a Negative Balance occurs, then you will have to repay the amount owing – see clause 8.6 below). Unless the transaction is under the threshold for an applicable Mastercard contactless transaction, you will then be asked to enter your Card PIN to confirm the transaction.
5.4 Although the Mastercard acceptance mark may be displayed, in some countries or merchants the Card may not operate due to restrictions imposed by Mastercard. Details of the countries or merchants in which the Card will not operate are available here.
5.5 When a Card is used to purchase fuel at an automated fuel pump the balance of your Stables Digital Wallet must have a minimum amount of $80. In addition, if a Card is used to make a telephone call there must be a minimum of $11 in your Stables Digital Wallet. If you spend less than these minimum amounts any unused balance may be temporarily unavailable.
5.6 When a Card is used at bars or restaurants an additional percentage (usually, but not necessarily, 20%) may be automatically added as an anticipated service charge or tip and debited to your Card. If your actual service charge or tip is less, any unused balance may be temporarily unavailable.
5.7 Certain businesses may not accept the Card as a means of pre-authorising an amount. If the Card is used for this purpose, some businesses (such as hotels, cruise lines and car rental companies) may pre-authorise the estimated amount of the final bill and this amount will temporarily be unavailable. Please note, only the actual amount of the final bill will be deducted from the Card Fund.
5.8 When a Card is used to purchase goods for delivery by mail or online, an additional 10% may be automatically added as an anticipated delivery charge. If the actual delivery charge is less, any unused difference may be temporarily unavailable.
5.9 Subject to the application of clauses 5.10 and 10.4, the applicable balance (and therefore the total balance on your card) will be debited with the amount of each transaction, along with any applicable fee and these debits will reduce the balance. Except for contactless transactions that do not require authorisation or validation, each transaction will require authorisation or validation before completion.
5.10 If there are insufficient funds available on your Card, the balance of the transaction will be automatically processed using funds available in your Stables Wallet, or, your Card may be declined or the retailer may allow you to pay the balance by some other means.
5.11 You agree to accept a credit to your Card if you are entitled to a refund or other credit for any reason for goods or services purchased using the Card.
5.12 A transaction or payment cannot be cancelled once you have authorised it.
5.13 The point-of-sale terminals are not owned or operated by the Issuer or Mastercard Prepaid and the Issuer and Mastercard Prepaid are not responsible for ensuring that they will accept the Card.
5.14 You must comply with all laws and regulations in respect of the Card in the country of purchase and/or use.
5.15 By successfully applying for and using the Card, you acknowledge and agree that we do not provide and you will not receive paper statements unless you contact us to request a paper statement. Electronic statements showing the Card’s transactions and balance are available through the App.
5.16 If a person reports that a mistaken payment has been made from the person’s account to your Card account, you agree that:a) we may inform that person’s financial institution whether or not your Card has sufficient funds to cover the mistaken payment; andb) we may freeze those funds, or debit those funds from your Card where we are required to do so under the ePayments Code.
5.17 Where required by relevant law, for example where you appear to be a “proscribed person”, you acknowledge that we may:
a) be required to block access to the Card and/or Card balance; and
b) immediately refuse to process or complete any transaction or suspend or terminate our arrangements with you and agree that under these circumstances we have no liability to you.
5.18 You agree that we may delay, block or refuse to process any transaction without incurring any liability if we suspect that the transaction:
a) may breach any laws or regulations in Australia or in any other country;
b) 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
c) may directly or indirectly involve the proceeds of, or be applied for the purposes of, any unlawful conduct.
6. Card limits
6.1 Most merchants limit the minimum and maximum amounts that can be processed in a single transaction. These amounts may also be limited (in some countries) by regulatory controls.
6.2 Other limits are also applicable to the use of the Card, as set out in the Fees and Limits Table.
7. Funding the Card
7.1 Until the Card expires, you can keep using your Stables Wallet account, subject to certain limits and subject to any applicable fees (refer to the Fees and Limits Table or as communicated to you from time to time).
7.2 For security purposes, please memorise your PIN. You should not keep your PIN written anywhere near your Cards. If you forget your PIN, you can reach out to us for support at team@stables.money.
7.3 Information sent over the internet may not be completely secure and the internet and the online systems are not controlled or owned by the Issuer or Mastercard Prepaid so neither the Issuer nor Mastercard Prepaid can guarantee that they will function at all times and the Issuer and Mastercard Prepaid accept no liability for unavailability or interruption or for the interception or loss of Personal Information or other data.
7.4 The Card can only be used if it has a positive balance. If the Card becomes overdrawn, and a Negative Balance arises, following any transaction authorised by you, the resulting debit balance immediately becomes a debt payable by you to the Issuer and we retain the right to recover this debt by deducting funds. If notwithstanding any such deduction a Negative Balance remains, the resulting debit balance immediately becomes a debt payable by you to the Issuer. If the Card Fund does become overdrawn, every attempt should be made by you to stop subsequent transactions.
7.5 If you notice any error in any transaction on your Card then you must notify Mastercard Prepaid immediately and in any event within 30 business days of the transaction in question. The Issuer or Mastercard Prepaid may request you to provide additional written information concerning any error and you must comply with that request.
7.6 Provided that you have complied with all reasonable requests for information we will correct the error if it is our or any of our service providers’ fault. If we decide it is not our fault, we will notify you in writing or by email as soon as this decision is made. Where we are required to do so, we normally re-credit your Card within 10 business days, although there may be a delay while investigations are completed.
7.7 If the Issuer or Mastercard Prepaid discover an error in the amount of funds that have been loaded or reloaded onto your Card for any reason, we are authorised to correct this error without further notice, including but not limited to debiting any amount of funds from the Card Fund that have been loaded in error.
8. Fees
8.1 You agree to pay and authorise us to debit your Card for the fees set out in the Fees and Limits Table. These fees may be deducted from your Card as soon as they are incurred. Unless otherwise specified, all fees will be deducted in Australian Dollars. If there are insufficient funds, we may not authorise the transaction.
8.2 Certain merchants may charge an additional fee if the Card is used to purchase goods and/or services. The fee is determined and charged by the merchant and is not retained by us.
8.3 If any amount payable under this PDS represents consideration for a taxable supply, then those amounts shall be taken to be exclusive of GST.
9. Suspension or closure of your Card
9.1 The Issuer and Mastercard Prepaid may, with or without notice and without incurring any liability to you cancel or suspend the Card and/or terminate this agreement with you if it has good reason to do so, including without limitation if:
a) the Issuer considers the Card has been or is likely to be misused;
b) you breach any of these Terms and Conditions or the Issuer suspects any illegal use of the Card;
c) you gave false, inaccurate or incomplete information when you applied for the Card.
9.2 Once the Card is closed, unless we instruct you otherwise, your Card will be deactivated by us and unavailable for use.
10. Card security
10.1 You must make sure that you keep the Card, the Security Details and all Security Codes safe and secure by taking the following precautions (“Security Requirements”). You must not:
a) allow anyone else to use the Card;
b) unnecessarily disclose the Card number;
c) carry any Security Code with the Card unless you make a reasonable attempt to protect the Security Code;
d) record any Security Code where it may be accessed by other people unless you make a reasonable attempt to protect the Security Code;
e) voluntarily disclose any Security Code to anyone else, including a family member or friend; or
f) fail to comply with any instructions we give about keeping the Card and any Security Details safe and secure; or
g) act with carelessness in failing to protect the security of the Security Code.
10.2 You should examine your account statement on the App to identify and report, as soon as possible, any instances of unauthorised use of the Card.
10.3 The Card will be disabled if an incorrect PIN is entered three successive times. If the Card is disabled, please contact Customer Support to reactivate the Card. There may be a delay (usually 24 hours) in reactivating a disabled Card.
11. Loss, theft and misuse of Cards/mobile devices
If you know or have reason to suspect that the device which contains your Card is lost or stolen or damaged, likely to be misused or you have reason to suspect that someone else may know the Security Codes or Security Details, you must immediately notify Mastercard Prepaid who will then suspend the relevant Card to restrict further use.
You may be required to confirm details of the loss, theft or misuse in writing (and to provide particular information in the confirmation) and you must comply with that requirement.
You must assist us and the police in any enquiries and attempts to recover a lost or stolen Card, including any device on which the Card was provisioned.
If any lost device is subsequently found, you must not use the Card associated with that device.
12. Liability for Unauthorised Transactions
Your liability for losses arising from Unauthorised Transactions will be determined under the ePayments Code.
You will not be liable for losses resulting from Unauthorised Transactions where it is clear that you have not contributed to the loss.
You will not be liable for losses resulting from Unauthorised Transactions that are caused by the fraudulent or negligent conduct of:
1) our staff or agents; or
2) companies involved in networking arrangements, or
3) merchants who are linked to the electronic funds transfer system or their agents or employees.
You will not be liable when Unauthorised Transactions which:
1) using a Card after notification to us that the Card has been misused, lost or stolen or that the security of the relevant Security Codes has been breached;
2) happen before you receive a Card and/or PIN (including a reissued Card and/or PIN);
3) are made with forged, faulty, expired or cancelled Cards, Identifiers or PINs (as applicable);
4) are the result of the same transaction being incorrectly debited more than once to the same Card Fund; or
5) are made using an Identifier without a Card or PIN.
Subject to clauses 12.1, 12.2, 12.3 and 12.4, where we can prove on the balance of probability that you have contributed to the losses caused by an Unauthorised Transaction:
1) through your fraud; or
2) by failing to comply with the Security Requirements,
then you are liable for the actual losses which occur before we are notified of the loss, theft or misuse of your PIN or Card or a breach of the Security Requirements. However, you will not be liable for any loss on any day, or in any period, exceeding any applicable transaction limit for that day or period and you will not be liable for loss in excess of the balance of the Card Fund available for transactions using the Card.
Subject to clauses 12.1, 12.2, 12.3 and 12.4, you will be liable for losses resulting from Unauthorised Transactions where we can prove on the balance of probability that you have contributed to the losses through unreasonably delaying notification of the misuse, loss or theft of a Card/device or that the security of the relevant PIN has been breached. Your liability in this case is limited to losses occurring between the time that you became aware of the security compromise, or should reasonably have become aware in the case of a lost or stolen Card, but you will not be liable for any loss on any day, or in any period, exceeding any applicable transaction limit for that day or period and you will not be liable for loss in excess of the balance of the Card Fund available for transactions using the Card.
If it is unclear whether or not you contributed to the loss caused by an Unauthorised Transaction that required a PIN, the amount of your liability will be limited to the lesser of:
1)$150;
2) the actual loss at the time we’re notified of the misuse of the Card, loss or theft of the Card/device or of the breach of security of the relevant Security Codes (limited by the applicable daily or period transaction limits over the relevant timeframe); or
3) the balance of the Card Fund available for transactions using the Card.
You are responsible for checking your transaction history online and knowing your available balance. You can check your balance and transaction history free of charge on the mobile app.
For disputed transactions you should complete the “Dispute Claim Form” available on the website. Mastercard Scheme Rules impose time limits after the expiry of which our ability to dispute a transaction on your behalf may be lost. We may not be responsible for any loss to you where it can be shown that you have unreasonably delayed notifying us.
13. Your Personal Information (important information about your privacy)
By purchasing and using the Card you consent to the Issuer and Mastercard Prepaid and their respective agents collecting, using and disclosing your Personal Information under these Terms and Conditions. If you do not agree to our doing so then we cannot make the Card available to you and you should not purchase the Card.
You must notify us immediately of any change to your contact details by updating them in the App or calling Customer Support. You should also contact us if you change your name. We will not be responsible if you do not receive any notice or correspondence that has been sent in accordance with the contact details you have provided to us.
You may be required to provide information to the Issuer and Mastercard Prepaid (including evidence of identity) when purchasing the Card or when you use the Card.
The Issuer will take all reasonable precautions to keep Personal Information secure and protect it under the Privacy Policy.
Your Personal Information may be disclosed by the Issuer or Mastercard Prepaid and their respective agents to third parties to facilitate the provision of the Card Services and related services, to monitor compliance with these Terms and Conditions and for data analysis, anti-money laundering, detection of crime, legal compliance and fraud prevention purposes. The Issuer and Mastercard Prepaid may also disclose Personal Information to collection agencies and lawyers in the event that we seek to recover any money that you owe under these Terms and Conditions.
In addition, by acquiring or activating a Card, you are consenting to the Issuer and Mastercard Prepaid using your Personal Information to notify you of product features, related products, promotions and customer surveys that we may conduct from time to time. You can elect to not receive further notifications by clicking on the unsubscribe link in the marketing material or by contacting us. You also consent to us sending SMS’ to your mobile phone to advise you of Card features or information relevant to your Card.
Your Personal Information will be disclosed and processed outside Australia to overseas recipients including the United Kingdom and United States of America for the purposes disclosed in these Terms and Conditions but all service providers are required to have adequate safeguards in place to protect your Personal Information to a standard at least to the equivalent required by privacy laws in Australia.
Your Personal Information may also be used where we are required or permitted to do so as a result of any government laws and regulations, by a court order or by any business or persons to whom we transfer our rights and obligations under the agreement between you and the Issuer which is governed by these Terms and Conditions.
We will continue to keep Personal Information that is necessary after the expiry of the Card or closure of your Card Fund on the same terms as are set out above.You are entitled to ask the Issuer or Mastercard Prepaid to supply you with any Personal Information that we hold about you. You must submit your request in writing and may be required to provide evidence proving your identity. We will delete any incorrect information or correct any errors in any of your Personal Information that come to our attention.
To aid us in the provision of the services provided under these Terms and Conditions, in the interests of security, and to help the Issuer and Mastercard Prepaid maintain and to improve their level of service, all telephone calls may be recorded and/or monitored.
You agree that we may disclose any information concerning you to:
1) any law enforcement, regulatory agency or court where required by any such law or regulation in Australia or elsewhere; and
2) any person we use to make payment for the purpose of compliance with any such law or regulation.
14. Our liability
We will not be liable to you for any loss due to:
- any instructions given by you not being sufficiently clear;
- any failure by you to provide correct information;
- any failure due to events outside our reasonable control;
- any industrial dispute;
- the way in which any refusal to accept the Card is communicated to you;
- any indirect, special or consequential losses;
- any infringement by you of any laws, including laws in the country where the Card is used;
- any dispute between you and the supplier of any goods and/or services purchased with the Card;
- our taking any action required by any government, federal or state law, regulation or court order; or
- anything specifically excluded or limited elsewhere in these Terms and Conditions.
You are not liable for any loss caused by the failure of a system or equipment provided by any party to a shared electronic network to complete a transaction accepted by the system or equipment in accordance with your instructions. However, if you were aware, or should reasonably have been aware, that the system or equipment was unavailable or malfunctioning, our responsibility will be limited to:
- correcting any errors; and
- refunding any charges or fees imposed as a result. Liability for Unauthorised Transactions will be determined according to the ePayments Code.
You should not interpret anything in these Terms and Conditions as excluding, restricting or modifying any guarantee, condition or warranty which is implied by the Australian Consumer Law. Where we are liable for a breach of these Terms and Conditions, then our liability is limited to:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
The Issuer does not maintain the mobile app through which your account is accessible. You agree that the Issuer is not responsible for any content on that mobile app other than information relating specifically to you or your Card.
15. Communications
You agree that we may give written notices or other communications to you under or in connection with these Terms and Conditions either:by writing to you at your residential or postal address last known to us;
by giving it to you personally or leaving it at your residential or postal address last known to us;
by electronic communication to your email address last known to us or which you last gave us for sending notices and communications to you; or
if the notice or communication is not personal to you – by publishing a notice in a newspaper circulating nationally in Australia or by posting on the website and/or mobile app.
For the purposes of giving you information that we are required to provide under the ePayments Code:
we may notify you by electronic communication;
you have the right to vary your nominated email address, mobile phone or other contact number;
you have the right to terminate your Agreement to receive the information electronically (a fee for the provision of paper communications may apply); and
if within 6 months after the electronic communication is given, you ask for a paper copy of the information provided electronically, the paper copy will be provided to you.
If we give a notice or other communication to you by email, the content of the notice or communication may be:
- set out in the body of the email;
- included as an electronic document attached to the email; or
- made available on website/app for retrieval by you (with the email advising you of this and of the general nature of the information, and giving you the ability to readily retrieve the information electronically).
If we give a notice or other communication to you:by writing to you – you are taken to have received it when it would be delivered in the ordinary course of the post;
by giving it to you personally or leaving it for you – you are taken to have received it on the day of delivery; or
electronically – you are taken to have received it on the day it is transmitted.
In addition to the ways set out in these Terms and Conditions, we may give you a notice or other communication by using any method allowed or required by a law or the ePayments Code. If a law or the ePayments Code requires us to use a particular method, we will do so.
You agree that, for the purpose of telephone communications originated or received by us, and for the purpose of electronic communications received by us, we may verify your identity by reference to any or all of the Security Details information you’ve previously provided to us. This verification may be completed via an SMS provided by us to you from time to time.
16. Third parties
The Issuer may transfer its rights and obligations under its agreement with you to any other person or business. If this happens, the person or business to which this agreement is transferred assumes all of the Issuer’s rights and obligations under the agreement. From then on, references in these Terms and Conditions to the Issuer are to be read as references to the person or business to which the agreement was transferred.
Except in those circumstances, nothing in these Terms and Conditions will confer on any third party any benefit or the right to enforce any terms of the agreement between you and the Issuer.
17. SMS messaging
We may from time to time send you SMS alerts relating to your Card. You can stop the SMS alerts at any time by sending “STOP” to the number indicated in the SMS (your mobile phone provider will charge you their standard SMS fee for sending this SMS). For more information on the SMS services provided by us from time to time, please visit the website.
18. Governing law
These Terms and Conditions, and the agreement between you and the Issuer, are governed by the laws of New South Wales, Australia and any legal questions concerning the Terms and Conditions or the agreement will be decided under those laws.You submit to the non-exclusive jurisdiction of the courts of New South Wales to hear and determine any disputes or legal questions concerning these Terms and Conditions or the agreement between you and the Issuer.
Section C – Definitions
Activate and Activation refers to the activation of the Card to enable you to use the Card.
App means the mobile application operated by Stables, a trading name of Tiiik.
AUD means the lawful currency of Australia.
Card means the Stables Mastercard provided to you, including any replacements, to which these Terms and Conditions apply.
Card Services means any services provided by us (or by service providers on the Issuer’s or Mastercard Prepaid’s behalf) in connection with the Card.
ePayments Code means the ePayments Code issued by the Australian Securities and Investments Commission (as amended from time to time) which regulates consumer electronic payments.
Fees and Limits Table means the fees and limits table set out in this PDS.
GST means any form of goods and service tax or other value added tax and, without limitation, includes GST as defined in the A New Tax System (Goods and Service Tax) Act 1999 (Cth) as amended.
Identifier means information that you know but are not required to keep secret and which you must provide to perform a transaction (for example, a card number).
Issuer means EML Payment Solutions Limited ABN 30 131 436 532, or any issuer which Mastercard Prepaid authorises to issue the Card.
Mastercard Prepaid means Mastercard Prepaid Management Services Australia Pty Limited ABN 47 145 452 044.
Negative Balance occurs in certain circumstances when your Card Fund is overdrawn. (For certain EFTPOS transactions, merchants are allowed to process low value transactions without authorising the transaction through Mastercard. For example, if you had $30 remaining on your Card but made an $50 transaction, you would have an $20 Negative Balance. You are liable for any Negative Balance.)
Personal Information is the information that the Issuer, Mastercard Prepaid and their respective agents collect from you, including any application form, correspondence, emails, telephone calls, internet communications and transactional information, in connection with the Card.
PIN means the personal identification number used to access the Card.
PDS means this Product Disclosure Statement and Card Terms and Conditions.
Privacy Policy means the respective Issuer’s and Stables's Privacy Policy in relation to Card, available at emlpayments.com/privacy and Stables's website at www.stables.money/privacy-policy respectively.
Security Codes means the Card PIN and the passcodes and passwords to access related services, including any passcodes sent for the purpose of two-factor authentication to complete a transaction.
Security Details means the information given by you when applying for the Card or during Activation, for the purposes of verifying your identity, or any changes made to this information.
Security Requirements means the Security Requirements set out in this PDS.
Tiiik means Tiiik Pty Ltd ACN 639 448 490 and its related bodies corporate.Unauthorised Transaction means a transaction not authorised by you but does not include any transaction carried out by you or by anyone performing the transaction with your knowledge and consent.
Website means the website specified in the details at the start of this PDS.
we, us, our means the Issuer and, except where the context indicates a different intention, also includes any agent acting on behalf of the Issuer.
you, your means the person who acquired the Card
Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.