Product Disclosure Statement

PART 1 - General Information

This document forms part of the Product Disclosure Statement (PDS) for the Stored Value Card. The PDS for the Stored Value Card is comprised of this document and a separate covering letter that contains important information regarding the Stored Value Card, including the fees and other costs that apply to the Stored Value Card.

1. About Us

This PDS has been prepared by EMerchants Holdings Pty Ltd ACN 098 296 050, AFSL 259689 (EMerchants). EMerchants is a provider of transaction processing systems, software and support services for Host Based Stored Value Card (Stored Value Card) solutions.

If you have any questions or need more information concerning your Stored Value Card, please contact EMerchants at any of the following:

Phone: 1300 739 889;
Email: info@emerchants.com.au;
Fax: +61 7 3607 0100; or
Mail: Locked Bag 5 Fortitude Valley Business Center QLD 4006.

This PDS is dated February, 2008

2. Stored Value Cards

Your Stored Value Card is a pre-paid debit card where the monetary value is recorded on a host computer located in EMerchants secure hosting facility.

EMerchants arranges for the sale and issue of the Stored Value Cards. An authorised deposit-taking institution (An ADI) is the holder of the stored value recorded on your Stored Value Card. The ADI is responsible for making the payments for transactions completed with your Stored Value Card. The ADI also performs the following functions in respect of the Stored Value Card:

issuing the Stored Value Card to EMerchants; and
settlement of transactions that you make with your Stored Value Card with counterparties of those transactions.

The ADI does not issue the Stored Value Card to you and is in no way responsible for, or guarantees, your ability to access any stored value. Section 4 (Risks to Cardholders) provides more information on the respective roles of EMerchants and the ADI.

EMerchants uses its card management platform and data processing systems to maintain the record of the value stored on your Stored Value Card. EMerchants provides customer service support for Cardholders, including the online and telephony systems to allow Cardholders access to their stored value balance and transaction history.

More information in relation to the Stored Value Cards is available on EMerchants website (www.emerchants.com.au).

3. Summary of features and benefits

Your Stored Value card provides you with the means to receive payments by BPay, Australia Post and Bank Transfer as well as keep track of and enjoy access to your funds via ATM’s and EFTPOS.

The use of your Stored Value Card is subject to the Conditions of Use, which are set out in Part 2 of this PDS.
Below is a summary of the benefits and risks of using your Stored Value Card. Please read this information, and the Conditions of Use carefully.

3.1 Issue of Stored Value Card

Your Stored Value Card is issued by EMerchants and remains the property of EMerchants. EMerchants may require you to return the Stored Value Card to it if it believes you have breached the terms and conditions of the Stored Value Card or if it believes that there are security or other reasons that require the Stored Value Card’s return.3.2 Loading funds on to your Stored Value Card

You can load value onto your Stored Value Card in the following ways:

You can transfer money to your Stored Value Card from an Australian bank account to the BSB and Account number allocated to your Stored Value Card.
You can transfer money to your Stored Value Card using the BPay system by entering the EMerchants BPay Number and the 16 digit card number.
You can transfer money to your Stored Value Card using the Australia Post BillPay system at any Australia Post retail outlet.
You can arrange an automatic transfer of funds with EMerchants to reload funds to your Stored Value Card to a set level from an Australian bank account.

These transactions will be processed overnight. The new value on your Stored Value Card will available for use on the next Business Day after you complete one of the transactions listed above.

3.3 Redemption of Stored Value

You can redeem the value on your Stored Value Card in any of the following ways by:

Withdrawing money at any ATM in Australia.
Paying for a purchase using any point of sale device in Australia displaying the EFTPOS logo.
Transferring value to another Cardholder through the dedicated website at www.cardaccount.com.au.
Transferring value to your own Australian bank account through the dedicated website at www.cardaccount.com.au.

3.4 Expiry of your Stored Value Card

Your Stored Value Card will expire three (3) years after the Stored Value Card was issued to you.

If value is stored on the Stored Value Card on that date, EMerchants will arrange for a replacement Stored Value Card to be sent to the address you provided when you were issued the Stored Value Card (or any subsequent address that you notify to EMerchants). All re-issued Cards are subject to the terms and conditions at the date of re-issue. EMerchants reserves the right not to re-issue a Card.

3.5 Other benefits

You can log on to the secured web site at www.cardaccount.com.au or telephone 1300 739 889 at any time to:

View your stored value balance.
Review your transaction history.
Update your personal information.
Transfer funds.
Purchase further Stored Value Cards.
View frequently asked questions and other information about your Stored Value Card.

4. Risks to cardholders

Some of the risks that may be associated with the use of your Stored Value Card are outlined below. The risks described are intended to be a summary of the major risks associated with the Stored Value Card and are not exhaustive. There may be other risks that relate to the use of your Stored Value Card.
Unlike an account with a financial institution, your Stored Value Card is not backed by the depositor protection provisions in the Banking Act 1959 and EMerchants is not an ADI. Your stored value is recorded by the systems maintained by EMerchants. This means that your store of value does not have the same protection as a deposit in an account with an ADI.

When you provide funds to purchase a Stored Value Card or reload value onto it, those funds are held by EMerchants in an account in EMerchants name, together with funds provided by other Cardholders (the Aggregate Account). You do not have a beneficial interest in the Aggregate Account, and you have no right to make a claim on the Aggregate Account.

When you redeem value on your Stored Value Card (for example, by withdrawing cash from an ATM), EMerchants is responsible for authorizing the transaction which allows the transaction to proceed. Once a transaction is authorized, EMerchants instructs the ADI to effect the settlement with the counterparty to the transaction by withdrawing funds from the Aggregate Account and passing them to that counterparty’s financial institution.

The following risks may be associated with the use of your Stored Value Funds:

Availability of Stored Value may be delayed if EMerchants is unable to process the transfer because you have supplied incorrect information or for some other reason.
Use of your Stored Value Card may be restricted if ATM and point of sale systems are off-line.
Loss of or damage to the record of Stored Value caused by the failure of data processing systems.
The ADI can stop any or all Stored Value Cards from operating in the event of insolvency of EMerchants or a breach by EMerchants of any other obligation or duty it owes to the ADI. If the ADI stops any or all Stored Value Cards from operating, it will nevertheless remain liable to pay or account to Cardholders for the outstanding balance recorded on their Stored Value Card.

5. Fees and other Costs

See attached mailer.

These Fees and other Costs are at the discretion of EMerchants and may be changed at any time. If they are changed you will be given prior written notice of the change.

6. Government fees and other Costs

Government taxes and duties may be deducted from the record of stored value for your Stored Value Card.

7. Interest

You do not earn interest on the stored value on your Stored Value Card.

8. Problems or disputes

If you have any questions, problems or disputes, we would like to hear about them. When you provide feedback to us, we have the opportunity to improve our services to you.

You can contact EMerchants during normal business hours from anywhere in Australia by:

Phone: 1300 739 889
Email: info@emerchants.com.au
Fax: +61 7 3607 0100
Mail: Locked Bag 5, Fortitude Valley Business Center, Qld 4006

EMerchants will aim to resolve the matter on your initial contact. If the matter cannot be resolved immediately, EMerchants will commit to taking the following steps:

1. let you know who is handling your complaint;
2. keep you informed of what is happening; and
3. aim to resolve your complaint within 21 working days.

Once your complaint is resolved, EMerchants will check with you to make sure you are satisfied with how your complaint was handled.

EMerchants complies with the Electronic Funds Transfer Code of Conduct and holds an Australian Financial Services License.

If you are dissatisfied with the outcome and would like an independent review, you can refer your complaint to The Banking & Financial Services Ombudsman Ltd ABN 48 050 070 034 at:

Mail: GPO Box 3A, Melbourne 3001;
Phone: 1300 78 08 08;
Fax: (03) 9613 7345; or
Email: ombudsman@bfso.org.au

For further information on solving problems or disputes, please call EMerchants on 1300 739 889.

9. Privacy and confidentiality

EMerchants is firmly committed to protecting the privacy and confidentiality of personal information. EMerchants maintains robust physical, electronic and procedural safeguards to protect personal information in our care.

EMerchants’ privacy policy explains our commitment to the protection of your personal information. You may obtain a copy of the privacy policy by:

going to “Our Privacy Policy” at www.emerchants.com.au; or
calling 1300 739 889.

EMerchants may disclose information about individuals as permitted by law. We may share information with regulatory bodies and law enforcement officials, provide information to protect against fraud and share information with your consent. From time to time, EMerchants enters into agreements with other companies to provide services to EMerchants or make products and services available to our clients. Under these agreements, the companies may receive personal information, but they must safeguard this information and may not use it for any other purposes.

10. Glossary

ATM: Automated Teller Machine
BPay: Method of conducting financial transactions using online or telephone banking.
Cardholder: A person who has been issued a Stored Value Card.
EFTPOS: Electronic funds transfer at point of sale.
Electronic Banking Terminal: An ATM or EFTPOS device included in an authorised interchange network.
Personal Identification Number (PIN): Your secret number to access your Stored Value using your Stored Value Card.
Stored Value: The balance of value recorded by EMerchants to your Stored Value Card.
Stored Value Card or Card: The prepaid debit card issued by EMerchants to enable electronic access to your Stored Value via Electronic Banking Terminals.

PART 2 - Conditions of Use

Before you use your Stored Value Card please read these Conditions of Use
They apply to:

all transactions initiated by you through an Electronic Banking Terminal by the Processor and a Personal Identification Number (PIN); and
all other transactions effected with the use of your Stored Value Card.

Your use of the Stored Value Card signifies your understanding and acceptance of these Conditions of Use.
If you fail to properly safeguard your Stored Value Card and PIN you may increase your liability for unauthorised use.
If these Conditions of Use are not clear to you, contact EMerchants BEFORE using your Stored Value Card.

1. Definitions

ATM: Automated Teller Machine
Card Statement: A statement of transactions completed with your Stored Value Card.
EFTPOS: Electronic funds transfer at point of sale.
Electronic Banking Terminal: An ATM or EFTPoS device included in an authorised interchange network.
EMerchants’ Hotline: Local call anywhere 1300 739 889 24 HOURS A DAY
Personal Identification Number (PIN): Your secret number to access your Stored Value using your Stored Value Card.
Processor: The ADI or other nominated entity who is the holder of stored value.
Stored Value: The balance of value recorded by EMerchants to your Stored Value Card.
Stored Value Card: The prepaid debit card issued by EMerchants to enable electronic access to your Stored Value via Electronic Banking Terminals.

Important points to remember to safeguard your Stored Value Card

sign your Stored Value Card immediately when you receive it;
memorise your PIN and never store it with or near your Stored Value Card;
never write your PIN on your Stored Value Card;
never lend your Stored Value Card to anyone;
never tell anyone your PIN;
don’t choose a PIN that is easily identified with you, e.g. your birth date, an alphabetical code which is a recognisable part of your name or your car registration;
don’t choose a PIN that is merely a group of repeated numbers;
try to prevent anyone else seeing you enter your PIN into an ATM or EFTPoS device (“ i.e. an “Electronic Banking Terminal”);
never leave your Stored Value Card unattended, e.g. in your car or at work;
immediately report the loss, theft or unauthorised use of your Stored Value Card to the 24hr EMERCHANTS’ HOTLINE on 1300 739 889;
keep a record of the 24hr EMERCHANTS’ HOTLINE telephone number with your usual list of emergency telephone numbers;
examine your account statement online to identify and report, as soon as possible, any instances of unauthorised use; and
for security reasons, on the expiry date destroy your Stored Value Card by cutting it diagonally in half.

2. Introduction

These Conditions of Use apply to Stored Value Cards when used in conjunction with a PIN in an Electronic Banking Terminal and when you use your Stored Value Card without a PIN. If your Stored Value Card is used without a PIN your signature on the transaction receipt will be evidence that the transaction is valid and authorised by you.

EMerchants may attach other services to the Stored Value Card by providing notice to you in writing.

In accepting a Stored Value Card from EMerchants you acknowledge that you have read, and understand, these Conditions of Use and are obliged to comply with them.

3. Application of codes

EMerchants warrants that it will comply with the requirements of the Electronic Funds Transfer Code of Conduct (EFT CODE) as established by the Australian Securities and Investments Commission.

If you would like a copy of any relevant Code you should contact the EMerchants’ Hotline.

4. Signing your Stored Value Card

You agree to sign your Stored Value Card as soon as you receive it and before using it, as a means of preventing unauthorised use. Your Stored Value Card is valid only if it has been signed by you and if it is used before the expiry date.

5. Personal Identification Number (PIN) secrecy

You agree that:
(a) you will not record your PIN on your Stored Value Card or on anything with or near your Stored Value Card;
(b) you will not tell anyone your PIN or let anyone see it;
(c) you will try to prevent anyone else seeing you enter your PIN into an Electronic Banking Terminal; and
(d) if you think that your PIN has become known to someone else, you will notify the Processor immediately.

6. Reporting the loss or theft of your Stored Value Card

If you believe your Stored Value Card or PIN record has been lost or stolen, or your PIN has become known to someone else, you should IMMEDIATELY report this to the EMerchants’ Hotline - local call anywhere on 1300 739 889 24 hours a day, or by sending the following SMS message to 0427 458 535

card number, passcode, OFF
eg: 5021180000010820,1234,OFF
Send

If you call the EMerchants’ Hotline:
(a) you will be given a reference number which you should retain as evidence of the date and time of your report; and
(b) you should advise the Processor as soon as you can that you have made a report to the Stored Value Card 24hr Emergency Hotline.

If the EMerchants’ Hotline is not operating when you try to use it for notification purposes, any losses occurring due to non-notification will be the liability of EMerchants but only if you notify EMerchants on the next business day or the EMerchants’ Hotline within a reasonable time after it becomes operative.

If the loss, theft or misuse occurs outside Australia you must confirm the loss theft or misuse of the card with EMerchants by telephone, priority paid mail or by email as soon as possible

7. Using your Stored Value Card

Any deposit you make to your Stored Value will not be available for you to draw against until your deposit has been verified by EMerchants. The new Stored Value will not be available for use until the next Bank Business Day after the deposit is made.

EMerchants will advise you:
(a) what transactions your Stored Value Card will enable you to perform at an Electronic Banking Terminal;
(b) which Electronic Banking Terminal networks you may use; and
(c) what mail or telephone order transactions you may carry out with your Stored Value Card by quoting your Stored Value Card number.

EMerchants does not warrant or accept any responsibility if an Electronic Banking Terminal displaying the logos on the card or promotional material does not accept your Stored Value Card. You may only use your Stored Value Card to perform transactions authorised by EMerchants.

EMerchants will debit your Stored Value Card with the value of all transactions carried out using your Stored Value Card including, without limitation, those carried out at Electronic Banking Terminals, all transactions effected on line, telephone or point of sale transactions.

Transactions will not necessarily be processed to your account on the same day they occur.

You will continue to be liable to EMerchants for the value of any withdrawal or debit transaction occurring after you have closed your Stored Value Card.

8. Transaction limits

You agree that you will NOT use your Stored Value Card to overdraw the Stored Value.
EMerchants may set limits on the minimum and maximum amounts that you may withdraw from your Stored Value Card on any one day through an Electronic Banking Terminal; and

Merchants offering EFTPOS facilities have the right to impose conditions on the use of such facilities.

9. Authorisations

You:
(a) acknowledge that EMerchants has the right to refuse authorisation for you to effect any transaction for any reason; and
(b) agree that Emerchants will not be liable to you or anyone else for any loss or damage that you or anyone else suffer as a result of EMerchants refusal to authorise any transaction.

10. Renewal of your Stored Value Card

If you have Stored Value recorded on your Stored Value Card, EMerchants will forward to you a replacement Stored Value Card before the expiry date of your current Stored Value Card. All re-issued Cards are subject to the terms and conditions at the date of re-issue. EMerchant’s reserves the right not to re-issue a card.

If you do not require a replacement Stored Value Card, you must notify EMerchants before the expiration date of your current Stored Value Card. You must give EMerchants a reasonable time to arrange cancellation or the issue of a replacement Stored Value Card.

11. Cancellation and return of your Stored Value

EMerchants may:
(a) demand the return of the Stored Value Card issued to you at any time:
(i) for security reasons; or
(ii) if you breach these Conditions of Use; or
(b) capture the Stored Value Card at any ATM.

You may cancel your Stored Value Card at any time by giving EMerchants written notice. Cancellation of a card may not be effective until the card is returned to EMerchants.

You must return your Stored Value Card to EMerchants when:
(a) EMerchants notifies you that it has cancelled your Stored Value Card;
(b) you or the person who arranged for the issue of your Stored Value Card cease to be a client of EMerchants;
(c) you cancel your Stored Value Card; or
(d) the Processor requests that it be returned for any other reason.

12. Conditions after cancellation or expiry of your Stored Value Card

You must not use your Stored Value:
(a) after the expiry date shown on the face of the Stored Value Card; or
(b) after the Stored Value Card has been cancelled.
You will continue to be liable to reimburse EMerchants for any indebtedness incurred through such use.

13. Your liability in case your Stored Value Card is lost or stolen or in case of unauthorised use

(a) You are not liable for any unauthorised use of your Stored Value Card:
(i) before you have actually received your Stored Value Card and PIN (ii) after you have reported it lost or stolen; or
(iii) if you did not contribute to any unauthorised use of your Stored Value Card.
(b) For the purpose of paragraph 13(a)(iii) you will be taken to have contributed to any loss caused by unauthorised use of your Stored Value Card if you:
(i) voluntarily disclose your PIN to anyone, including a family member or friend;
(ii) voluntarily allow someone else to observe you entering your PIN into an Electronic Banking Terminal;
(iii) write or indicate your PIN on your Stored Value Card;
(iv) write or indicate your PIN (without making any reasonable attempt to disguise the PIN) on any article carried with your Stored Value Card or likely to be lost or stolen at the same time as your Stored Value Card;
(v) allow anyone else to use your Stored Value Card; or
(vi) unreasonably delay notification of:
(A) your Stored Value Card or PIN record being lost or stolen;
(B) unauthorised use of your Stored Value Card; or
(C) the fact that someone else knows your PIN.
(c) If you are taken to have contributed to the unauthorised use of your Stored Value Card under paragraph 13(2) your liability will be the lesser of:
(i) the actual loss when less than Stored Value;
(ii) your Stored Value; or
(iii) 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 Stored Value Card, up to and including the day you make your report.
(d) In determining liability under paragraph 13(c)(iii):
(i) where your Stored Value 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
(ii) the current 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.
(e) 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 Stored Value Card, your liability will be the lesser of:
(i) $150;
(ii) your Stored Value; or
(iii) the actual loss at the time EMerchants is notified of the loss or theft of your Stored Value Card.
(f) In determining your liability under paragraph 13(e):
(i) EMerchants will consider all reasonable evidence including all reasonable explanations for an unauthorised use having occurred; and
(ii) 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.
(g) Your liability for losses occurring as a result of unauthorised use will be determined under the EFT Code. The guidelines set out at the beginning of these conditions of use to safeguard your account, are the minimum suggested security measures you should take.

14. Resolving errors on card statements

If you believe a transaction is wrong or unauthorised or your Card Statement contains any instances of unauthorised use or errors, you must immediately notify the EMerchants' Hotline. As soon as you can, you must also provide EMerchants with the following:
(a) your name and address, and Stored Value Card number;
(b) details of the transaction or the error you consider is wrong or unauthorised;
(c) a copy of the Card Statement in which the unauthorised transaction or error first appeared;
(d) whether your Stored Value Card was signed and your PIN secure; and
(e) the dollar amount and an explanation as to why you believe it is an unauthorised transaction or an error.

If EMerchants is unable to settle your complaint immediately to your satisfaction, it will advise you in writing of the procedures for further investigation and resolution and may request further relevant details from you.

Within 21 days of receiving these further relevant details from you, EMerchants will:

advise you in writing of the results of its investigation; or
advise you in writing that it requires further time (not exceeding a further 24 days) to complete its investigation.

Where an investigation continues beyond 45 days, EMerchants will provide you with monthly updates on the progress of the investigation and a date when a decision can be reasonably expected, except in cases where EMerchants is waiting for a response from you and you have been advised that EMerchants requires such a response.

If EMerchants finds that an error was made, it will make the appropriate adjustments to your Stored Value including interest and charges (if any) and will advise you in writing of the amount of the adjustment.

If:
(a) EMerchants is a party to an industry dispute resolution scheme; and
(b) that scheme provides that a matter can be heard under the scheme if EMerchants does not give a final decision on the matter within a specified time, EMerchants will advise you in writing about the option of taking the matter to the scheme within 5 business days after the specified time period expires.

When EMerchants advises you of the outcome of its investigation, it will:
(a) give you reasons, in writing, for its decision by reference to these Conditions of Use, the EFT Code of Conduct, and any other relevant industry code of practice to which it is bound;
(b) advise you of any adjustments it has made to your account; and
(c) advise you in writing of other avenues of dispute resolution (including Consumer Affairs Agencies and Small Claims Courts) if you are not satisfied with EMerchants’ decision.

If EMerchants decides that you are liable for all or any part of a loss arising out of unauthorised use of your Stored Value Card, it will:
(a) give you copies of any documents or other evidence it relied upon; and
(b) advise you whether or not there was any system or equipment malfunction at the time of the transaction complained of.

If EMerchants fail to carry out these procedures or cause unreasonable delay, EMerchants may be liable for part or all of the amount of the disputed transaction where its failure or delay has prejudiced the outcome of the investigation.

15. Malfunction

Other than to correct the error in your account and the refund of any charges or fees imposed on you as a result, neither EMerchants will not be liable to you for any loss caused by an Electronic Banking Terminal malfunctioning if you were aware, or should have been aware, that the terminal was unavailable for use or was malfunctioning.

16. Statements and receipts

A transaction record slip will be available for each financial transaction carried out with your Stored Value Card at an Electronic Banking Terminal. You should obtain, check and retain all transaction record slips issued to you for checking against your Card Statements. EMerchants make available your Card Statements online 24 hours a day, 7 days a week at www.cardaccount.com.au.

17. Fees and other Costs

EMerchants reserves the right to charge a fee for any transaction at an Electronic Banking Terminal or for issuing additional or replacement cards and EMerchants is irrevocably authorised to debit your Stored Value with those fees. You will be advised by EMerchants of any applicable fees and other costs as published online and on the letter that accompanied the Product Disclosure Statement.

18. Government fees and other Costs
EMerchants reserves the right to pass on to you any fees, charges, duties and taxes that are imposed on the use of your Stored Value Card by government or by any regulatory authority. EMerchants is also irrevocably authorised to debit your Stored Value with those fees, other costs, duties and taxes.

19. Changes to conditions of use

EMerchants reserves the right to change these Conditions of Use and to vary the fees and other costs that apply to your Stored Value Card.

EMerchants will notify you in writing at least 30 days before the effective date of change if it will:
(a) impose or increase charges for transactions at Electronic Banking Terminals or for issuing additional or replacement Stored Value Cards;
(b) increase your liability for unauthorised use; or
(c) adjust daily withdrawal limits.

In addition, in the last case, EMerchants will give you written advice of the changes at the time you next access your Stored Value. Written notice will not be given of a variation that is required by an immediate need for EMerchants to restore or maintain the security of its systems or your Stored Value Card. You will be taken to have received by a written notice from EMerchants under this paragraph 19 in the due course post, if it is mailed, to the last address for you known to EMerchants. If a written notice is delivered to you personally the date of delivery is the date you receive the notice. If you retain and use your Stored Value Card after notification of any authorised changes, your use of your Stored Value Card shall be subject to those changes.

20. Other general conditions

These Conditions of Use govern your Stored Value Card.

The Stored Value Card issued to you always remains the property of EMerchants . EMerchants may:
(a) demand that the Stored Value Card be returned to it at any time:
(i) for security reasons;
(ii) if you breach these Conditions of Use or the terms and conditions of the accounts linked to your Stored Value Card;
(b) capture the Stored Value Card at any Electronic Banking Terminal; or
(c) stop the Stored Value Card from being able to be used at any time.

You agree to return your Stored Value Card upon closing your Stored Value Card. You agree that you will promptly notify EMerchants of any change of address for the mailing of any notifications, which EMerchants is required to send to you. EMerchants may post all statements and notices to you at the address last notified by you to EMerchants.

21. Use and purpose of card

Your Stored Value Card is not a credit card. You may use it to:
(a) withdraw cash at Electronic Banking Terminals; or
(b) pay for purchases at places that have agreed to accept the Stored Value Card.

You may also authorise EMerchants to automatically debit or credit your Stored Value Card to or from third parties by means of a pre-authorised electronic funds transfer. Some of these services may not be available at all times or at all terminals. Your card may not be used for illegal transactions or to purchase illegal goods or services.

22. Promise to pay

You promise to pay EMerchants the charges incurred on the use of your Stored Value Card and agree that we may deduct these charges directly from your Stored Value.

23. Expiration of card and agreement

Your Stored Value Card will expire three (3) years after the Stored Value Card is issued to you. You may cancel your Stored Value Card at any time by sending written notice to EMerchants. Your cancellation shall be effective 30 days after receipt by EMerchants. At expiration, you may renew your Stored Value Card by submitting a new application and registration form, which may be obtained by calling the EMerchants' Hotline. Upon renewal, your Stored Value will be charged the applicable fee as stated in the letter that accompanied this PDS. If your Stored Value Card has been cancelled or improperly maintained or used, or if you violate any provision of these Conditions of Use, or if EMerchants in our discretion so elect, we may at any time terminate this Agreement. Upon termination of this Agreement, you agree to return the Stored Value Card to us on demand.

24. Acknowledgment of transactions

You will receive, at the time of the transaction, an acknowledgment of EFTPOS and ATM transactions. This is your official receipt for such transactions. You understand and agree that a Card Statement will be made available to you electronically. The address to view statements on the Internet is described in the PDS. You agree to inspect your statement and notify us of any erroneous, improper, or unauthorised transactions.

25. Redemption of unused funds

You will have 18 months from the date your Stored Value Card expires to request a refund of unused funds. To obtain your refund, write to EMerchants at Locked Bag 5, Fortitude Valley Business Center, Qld 4006. Upon receipt of your written request, EMerchants will arrange a refund any unused Stored Value remaining on your Stored Value Card within 30 days.

26. Disclaimer of liability

EMerchants make no representations, express or implied, including the warranty of merchantability or fitness for a particular purpose, with respect to any of the benefits or related information provided to you. Under no circumstances shall the Processor and EMerchants be liable for any special, incidental, or consequential damages.

27. Change in terms

EMerchants may, at any time, and subject to applicable law add, delete, or modify the terms, conditions, rights, responsibilities, and fees regarding your Stored Value Card. You will be notified of any changes in terms. However, if the change is made for security purposes, we can implement such change without prior notice. We reserve the right to add, delete, change, modify, or replace, from time to time, and without prior notice, any product, benefit, vendor, or service provider, as we deem necessary in our sole discretion.

28. Interpretation

For the purposes of these Conditions of Use, ‘day’ means a 24 hour period commencing at midnight Eastern Standard Time or Eastern Summer Time, as the case may be, in Sydney.

A reference to:
(a) one gender includes the other gender; and
(b) the singular includes the plural and the plural includes the singular.