Terms of Service
Welcome to Fupay’s Website and App.
Firstly, a few important points to be aware of:
- Members must be 18 years or older
- Members must successfully pass Know Your Customer (KYC) requirements
- Fupay must be able to identify a regular source of income identified through programmatic assessment of your linked bank account
- As part of Fupay’s commitment to responsible spending, we undertake an affordability assessment to determine if you can afford requisite repayments. If Fupay identifies that you cannot afford to service your repayments, you will be notified of either a decline or a payment split offering to facilitate a payment or a lower amount.
You will be required to provide the following information throughout your application journey:
- Linked Bank account that provides proof of income and cash-flow
- KYC information including name, DOB and/or address as well as an Australian drivers license, passport or Medicare card. This data is used to verify your identity https://www.frankieone.com/
- Account Number and BSB and acceptance to Split Payments DDSRA http://www.splitpayments.com.au/ddrsa/ authorising us to collect money owed to us.
When selecting to utilise the Fu Bills feature:
- You are responsible for providing us with true and accurate information of your bill; and
- You acknowledge and accept that our bill payment terms and payment processing times may take up to 72 Hours.
We exclude liability for, and you indemnify us for, on time bill payments if you provide us with inaccurate information in connection with payment of a bill, Merchant or Third Party Supplier.
When selecting to utilise the Fu Cash feature:
- You are responsible for providing us with accurate account numbers and BSB for your nominated bank accounts
- You acknowledge and accept that funds will be processed into your nominated bank accounts within up to 48 hours.
Terms and Conditions
1. We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.
1.1. Parties to this Agreement
This Agreement is a contract between you (‘you’ or ‘your’) and Fupay Holdings Pty Ltd ACN 628 317 377 (‘Fupay’, ‘Fu’, ‘we’, ‘us’, ‘our’). It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement.
If you do not want to be bound by this Agreement, you must not make a purchase using Fupay Products.
1.2. Policies incorporated into this Agreement
1.3. Changes to this Agreement
(a) Fupay may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law. We will post the amended Agreement on our Website. If you do not agree with the changes, you may close your Fupay Account in accordance with clause 3.3.
(b) We will not change any terms and conditions for an existing Order that has been accepted by us. The terms and conditions that will apply to an accepted Order (and any steps taken in relation to such Order, e.g., cancellation, refunds) are the terms and conditions that applied at the time you made the Order.
2. Our relationship
2.1. About us
(a) Our Products allow you to
(i) pay a Merchant’s bill;
(ii) borrow small amounts of cash (under $200); and
(iii) buy Third Party Goods and Services from Third Party Suppliers available through our App.
(b) By placing an Order with a Merchant and using our Products, you provide us with unconditional and irrevocable consent and direction to pay (or procure a Fupay Affiliate to pay) the Merchant on your behalf in exchange for your agreement and obligation to repay or pay to us, as principal debtor, in accordance with this Agreement the agreed amounts (which may include any applicable taxes, duties or other related amounts charged by the Merchant) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees, as set out in clause 4.
(c) By placing an Order through our App for Third Party Goods and Services, you agree to repay or pay to us in accordance with this Agreement the agreed amounts (which may include any applicable taxes or duties or other related amounts charged by the Third Party Supplier) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees if you miss a repayment to us on or before the scheduled date as set out in clause 4.
(d) You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from Merchants paid for with our Products. We cannot ensure that a Merchant you are dealing with will complete the transaction.
(e) You acknowledge that we act as an agent for Third Party Suppliers when we process Orders for Third Party Goods and Services through our App. Delivery, fulfilment and customer support for the Third Party Goods and Services will be provided by the Third Party Supplier. You agree to be bound by the terms and conditions of the Third Party Supplier identified to you at the time of purchase. Please review all applicable Third Party Supplier terms and conditions prior to placing your Order for any Third Party Goods.
2.2. Your Consumer Rights
As a consumer, you have certain rights under consumer protection legislation (Consumer Rights). These Consumer Rights include:
(i) statutory guarantees under the Australian Consumer Law that goods will be of acceptable quality, match their description and be fit for any purpose made known to the consumer, and that services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses; and
(ii) non-excludable implied warranties that financial services will be provided with due care and skill and that the services and any materials supplied in connection with them will be fit for any specified purpose. Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.
2.3. No warranty
(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or Third Party Goods and Services, or of the content on our Website and App.
(b) Subject to your Consumer Rights set out in clause 2.2, we do not give any implied warranties or guarantees.
(c) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Products, and we make no representations or warranties regarding the amount of time needed to complete processing of Orders or payment transactions.
2.4. Your eligibility
(a) To be eligible to use our Products you must:
(i) be an individual who is at least 18 years old;
(ii) be capable of entering into a legally binding contract;
(iii) have a valid and verifiable email address and Australian mobile telephone number;
(iv) provide a valid delivery address in Australia;
(v) have successfully met our KYC (know your customer) checks; and
(vi) have access to a Payment Method, for example by linking your bank accounts and/or a debit card and providing a direct debit authority. Bank account or debit cards linked must be in your name; and
(vii) in connection with your use of your Fupay Account and our Products, use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable Fupay Account.
(b) By entering into this agreement, you represent and warrant that you are eligible to use our Products.
2.5. Transfers or assignments
(a) You cannot transfer or assign any rights you may have under this agreement without our prior written consent, which must not be unreasonably withheld.
(b) We may transfer or assign this agreement, and any right under this agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld). You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. For the avoidance of doubt, you acknowledge that no assignment by us to another person of any amount you owe to us will require your consent or notice to you.
3. Your Fupay Account
3.1. Creating your Fupay Account
(a) You will create your Fupay Account by registering through the Fupay App.
(b) Once your Fupay Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your Fupay Account, using your secure password, through our App.
(c) You are responsible for maintaining the security of your Fupay Account details. We will not take responsibility for unauthorised access and use of your Fupay Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.
(d) You acknowledge and agree that if a person places an Order by using your Fupay Account (whether with or without your authorisation), that person will be deemed to be you for the purposes of this Agreement and that will not (subject to clause 3.1(c)) affect your obligations under this Agreement, regardless of whether:
(i) there is a dispute, breach, defect or other issue in relation to the Order, the products or services subject to the Order or the associated sales contract or any other agreement between that person, a Merchant or a Third Party Supplier; or
(ii) any rights or claims that we, a Merchant or a Third Party Supplier may have against that person, except to the extent any use of your Fupay Account by such a person is due to our negligence, wilful misconduct or breach of this Agreement.
3.2. Your obligations to us as a holder of a Fupay Account
By holding a Fupay Account with us, you agree that you must:
(a) Pay any applicable Fees associated with your use of our Products and your Fupay Account;
(b) Not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal details or by using an alias or false identity, even with the consent of the person whose identity you are using or seek to establish a fake, untraceable or unverifiable Fupay Account);
(c) Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your Fupay Account via our Website or App;
(d) Provide to us in a timely manner all documentation relating to your identity, if requested by us;
(e) Not use your Fupay Account, our Products or Third Party Goods and Services for any unlawful, fraudulent or improper activity, including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;
(f) Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Fupay Account;
(g) Be aware of and pay any taxes that may apply to your use of our Products;
(h) Not permit others to use your Fupay Account, or allow anyone else to have or use your account password details;
(i) Not use any technology (device, software or hardware) to damage, intercept or interfere with our Products or Websites;
(j) Immediately contact us if you believe that your Fupay Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;
(k) Not create liability for us or cause us to lose (in whole or in part) the services of our Merchants or Third Party Suppliers;
(l) Authorise us to disclose Card-related profile and purchase behaviour information to third parties (including, without limitation, Visa and Mastercard) for the purpose of eliminating fraud and illicit behaviour; and
(m) Not open or use more than one Fupay Account.
3.3. Closing your Fupay Account
(a) You may close your Fupay account within the Fupay App by clicking deactivate account in Settings. You may also request to close your Fupay Account by contacting us directly. You may only close your Fupay Account if:
(i) all amounts owing to us by you (including any Fees) have been paid in full to us; and
(ii) no disputes or refunds are in progress.
(b) You may not close your Fupay Account to evade investigations of any nature.
(c) We may close your Fupay Account for any reason, within our reasonable discretion. This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Fees).
(d) Except as otherwise stated, this Agreement will be terminated once your Fupay Account is closed. However, you will remain liable for all outstanding obligations related to the Fupay Account even after it has been closed.
(e) We may immediately limit your access to our Products or suspend or close your Fupay Account where we have reasonable cause to do so including, without limitation, where:
(i) we reasonably consider it necessary to do so in order to:
(A) protect the integrity of our systems or the Products;
(B) prevent fraud;
(C) limit the risk of money laundering or terrorism financing; or
(D) otherwise protect us against legal, regulatory or non-payment risk;
(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 6.2(d);
(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement by the payment due date or by providing us with false, inaccurate or misleading information or using your Fupay Account or our Products in breach of this Agreement); or
(iv) we otherwise reasonably consider the activity associated with the Fupay Account to be suspicious.
(f) We will use our best efforts to provide written notice to you before closing your Fupay Account, in the circumstances described in clause 3.3(e) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we close your Fupay Account in accordance with clause 3.3(e), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Fupay.
(g) Despite clause 5(f), where your Fupay Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until the earlier of:
(i) the date on which all amounts you owe to us have been paid to us; or
(ii) the date which is 120 days after your last Order or such later date we have agreed with a Merchant or Third Party Supplier where required based on the nature of the goods or services purchased by you. After that time, the Merchant or Third Party Supplier will be solely responsible for processing all product returns and associated refunds.
4. Orders, payments and billing
4.1. Order Confirmation and Payment Schedule
(a) All Orders which you place with Fupay are subject to approval by Fupay, in our reasonable discretion. We may choose not to approve an Order or provide a Product to you, or may cancel an approved Order before the goods or services are delivered or supplied, if:
(i) we reasonably consider this necessary in order to:
(A) protect the integrity of our systems or the Products;
(B) prevent fraud;
(C) limit the risk of money laundering or terrorism financing; or
(D) otherwise protect us against legal, regulatory or non-payment risk;
(ii) you do not pass our verifications or checks, including those described in clause 6;
(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date);
(iv) an Order is made with a merchant in a different jurisdiction that is not permitted by Fupay; or
(v) we otherwise reasonably consider the Order to be suspicious.
(b) If we cancel an approved Order:
(i) we will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or (if that is not possible) to any other Card that you have provided us details of, and will cancel any future payments related to that Order. In the event the approved Order is cancelled because a chargeback has been incurred by Fupay in relation to a payment for the approved Order, that payment will not be refunded by Fupay. Any return of funds in that event will be as between you and your issuing bank. The Merchant or Third Party Supplier (as applicable) will not be obliged to deliver the goods (or provide the services) the subject of the Order, unless required to do so by law;
(ii) you will have no obligation to make any further payments to us, or any other ongoing relationship with us, with respect to that Order; and
(iii) if you wish to proceed with the purchase from the Merchant, the Merchant may accept an alternative payment method in its discretion, or if required to do so by law.
(c) Once we approve your Order, you will receive an email or message from us with confirmation of receipt of your Order and a Payment Schedule.
(d) You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments or adjust your Payment Schedule by agreement with Fupay through your Fupay Account, otherwise Fupay will automatically process payments in accordance with the Payment Schedule. You authorise Fupay to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, Fupay reserves the right to re-attempt to process the payment at a later time or date.
(e) Throughout the application process, Fupay will provide a repayment timeline which will provide a default of either 1,2 or 3 repayments centralised around your cashflow. The dates provided are centralised around your detected income and pay cycle frequency. Throughout the application process and thereafter, you can modify payments to suit your cash flow.
(f) Payment dates can be modified throughout the repayment timeline via navigating into the Product dashboard, selecting the transaction and editing payments. Payments cannot be edited:
- If there is a transaction in progress;
- If there is a late payment owing to Fupay;
- If a member has exceeded the maximum number of days within the Payment Schedule (56 days).
(a) An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated bank account (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts, as outlined in your Payment Schedule. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Fupay Account is being created.
(b) Subject to the other terms of this Agreement, You hereby expressly consent to, authorise and instruct Fupay to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Payment Schedule. You acknowledge that you are authorising us to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of this Agreement.
(c) You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source, except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.
(d) If an Automatic Payment fails, Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to satisfy any monetary liability you owe us by:
(i) Debiting your Nominated Payment Source at a later time or date;
(ii) Debiting your nominated bank account which you have provided details of;
(iii) Offsetting the payment amount against any amounts we may owe to you; or
(iv) Any other legal means.
(e) By accepting Fupay’s terms and the Split Payments DDRSA, you authorise Fupay to collect funds owing via a direct-debit authorisation. Fupay will collect funds owing, including any fees on the nominated payment date selected by you.
(f) Fupay will use its best endeavours to avoid any dishonour fees from your bank charged for insufficient funds by performing a balance check on your account prior to direct debit processing. However, in the event that Fupay attempts to collect funds from you and there is a dishonour fee associated with the transaction due to insufficient funds, you are liable for this fee.
(g) Once a collection has been processed from your account, the associated transaction will be marked as paid in the app and a receipt will be generated once funds have cleared into Fupay’s account.
(h) In the event that Fupay cannot collect funds owing to us by you either due to a pre collection balance check identifying insufficient funds or a direct debit collection failing, the following will occur:
- The payment will be marked as late.
- We will notify you of your late payment and continue to contact you regularly with late payment notifications.
- We will attempt to recollect funds the next day and everyday thereafter throughout the Payment Schedule. In the event that funds are available in the nominated bank account, we will collect the funds owing.
- You will not be able to apply for any further funding until any late payments are made.
- If you have a late payment in the App, you can trigger a once off payment to rectify the issue or get in touch with our team.
- In the event that owing funds cannot be collected within the Repayment Schedule (58 days) we will then transition to formal debt collection.
(i) Closing of account/ removing bank account:
- If you do not have outstanding funds owing to Fupay, you may request to delete your account and unlink your bank accounts by getting in touch with us at email@example.com
- In order to deactivate an account and remove an associated repayment banklink, you must pay any owing funds in full. This can be initiated through the app (settings) for through getting in touch with our team.
4.3. Late Payments
(a) If you fail to pay any amounts according to the Payment Schedule, Fees may apply on each payment that is due but not received.
(b) We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Fee. If Fees are incurred as a result of Fupay’s error, please let us know, and we will waive or refund such fees, as relevant.
Any Charges or Fees payable by you to use our Products are set out in clause 34 to this Agreement.
No interest charges are payable by you to use our Products.
4.6. No set off
Notwithstanding any other provisions of this Agreement, you must make all payments in accordance with the Payment Schedule and pay all other amounts in full to us under this Agreement without any set-off, withholding or reduction for any reason whatsoever, including any existing or future act, omission or default by us.
4.7. Higher Upfront payment
(a) Where the Original Order Value exceeds your approved spending limit with Fupay, you may be offered the option to pay a part of the Original Order Value.
(b) For the avoidance of doubt, Your obligations with respect to Your Payment Schedule (regardless of the applicability of this section) shall continue to apply in accordance with this Agreement, including your obligations under clause 4.2.
(a) If you decide to return goods to a Merchant or Third Party Supplier (as applicable), which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Merchant or Third Party Supplier or permitted by law, you will directly arrange the return with the Merchant or Third Party Supplier, ensuring that the goods are returned according to the Merchant’s or Third Party Supplier’s returns policy or other instructions or your rights at law.
(b) It is your responsibility to notify the Merchant or Third Party Supplier if you intend to return any goods. The return must be completed within the period specified and in the manner required by the Merchant’s or Third Party Supplier’s returns policy or as otherwise permitted by the Merchant or Third Party Supplier.
(c) Unless we are notified by a Merchant or Third Party Supplier that a return and refund is in progress, we will continue to process any Automatic Payments in accordance with the dates set out in your Payment Schedule.
(d) Until such time that the Merchant or Third Party Supplier has confirmed the return of the goods and has issued a refund to us for those goods, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.
(e) Once the Merchant or Third Party Supplier has issued a refund to us for the goods, we will issue a refund to your Nominated Payment Source and/or adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment/s first. If the refund is processed to your expired or cancelled card, you will need to obtain the returned funds by contacting your financial institution.
(f) Where you wish to return a product 120 days or more after the purchase date, we will no longer have any involvement in the product return process (i.e. the Merchant will provide any agreed refund directly to you). A longer period will apply where we have agreed a longer period with a Merchant or Third Party Supplier where required based on the nature of the goods or services purchased by you.
6. Assessment and checks
We reserve the right to assess, and determine whether to accept or cancel, each Order in accordance with clause 4.1.
6.2. Repayment capability and identity checks
(a) We reserve the right to verify your identity, including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act. Verifying your identity does not mean we will approve your order (see clause 4.1(a) for other variables that are considered).
(b) You agree to provide any information or documentation reasonably requested by Fupay, a Merchant or a Third Party Supplier to verify your identity in connection with your Fupay Account or Orders.
(c) You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all Fupay Orders. This may include performing other repayment capability checks and verifying information you provide against third party databases.
(e) You authorise Fupay (or any third parties providing services on behalf of Fupay) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your Fupay Account. In addition, you acknowledge that Fupay reserves the right to report any negative activity on your Fupay Account (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies.
(f) We may also exchange information with Pays Providers:
(i) to enable the use of the Card with the Device Wallet and to improve and promote the Pays Providers generally; and
(ii) to detect and address suspected security breaches or fraud.
(g) You should be aware that:
(i) Fupay is not required to take any action or perform any obligation under or in connection with the Card if it is not satisfied as to your identity, or where there are reasonable grounds to suspect that by doing so it may breach the Anti-Money Laundering and Counter-Terrorism Financing Act;
(ii) transactions may be delayed, blocked, frozen or refused where we have reasonable grounds to believe that they breach Australian law or sanctions (or the law or sanctions of another country). Where transactions are delayed, blocked, frozen or refused, Fupay is not liable for any loss you suffer (including consequential loss) howsoever caused in connection with your Card; and
(iii) Fupay may from time to time require additional information from you to assist us in the above compliance process.
(h) You provide Fupay with the following undertakings and indemnify Fupay against any potential losses arising from any breach by you of such undertakings:
(i) you will not initiate, engage or effect a transaction that may be a breach of Australian law or sanctions (or the law or sanctions of any other country); and
(ii) the underlying activity for which your Card is being provided does not breach any Australian law or sanctions (or the law or sanctions of any other country).
7. Our Intellectual Property
(a) Our Website and App and all content on our Website and App are the exclusive property of Fupay. The information on our Website and App is for information purposes only and is subject to change without notice.
(b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or App or in our printed media.
8. Complaints and disputes
8.1. Disputes between you and a Merchant
(a) If you have a dispute with a Merchant or Third Party Supplier (as applicable), you should file a dispute through direct contact with the Merchant or Third Party Supplier.
(b) Whilst Fupay will endeavour to facilitate communication between you and the Merchant or Third Party Supplier to enable a resolution to all disputes, the outcome of your disputes with Merchants or Third Party Suppliers will not affect Fupay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.
8.2. Disputes between you and us
(a) We aim to:
(i) Acknowledge receipt of all complaints within 5 business days; and
(ii) Resolve all complaints within 28 days.
(b) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.
(c) We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.
(d) Where we cannot resolve a dispute within 28 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.
(e) If you are not satisfied with the outcome of your complaint after it has been through our internal disputes process above, you can contact the Australian Financial Complaints Authority (AFCA) using the contact details listed below.
- Email: firstname.lastname@example.org
- Website: www.afca.org.au
- Phone: 1800 931 678 (free call)
- In writing to: Australian Financial Complaints Authority GPO Box 3, Melbourne VIC 3001
(f) Where your Card is used for Unauthorised Transactions, we will seek to reverse the transaction if we can under the Mastercard Scheme Rules (see clause 41 regarding chargebacks). Your ability to dispute a transaction or reverse an Unauthorised Transaction may be lost if you do not notify us immediately. It is your responsibility to regularly review your online transaction history to identify Unauthorised Transactions.
9. Notices and Communications
9.1. How we will communicate with you
(a) This Agreement and any other agreements, notices or other communications regarding your Fupay Account and/or your use of our Products may be provided to you electronically.
(b) You agree to receive all communications from us in electronic form. Communications will be posted on our Website (where permitted under this Agreement) and/or sent to your email address.
(c) Alternatively, we may choose to give notice to you by:
(i) serving it personally at, or sending it by post to, your nominated contact address listed on your Fupay Account; or
(ii) sending it to you via other electronic methods of communication using contact details listed on your Fupay Account (including text messages).
(d) Where a notice is served personally, service of the notice is taken to be affected when delivered. Where a notice is sent by post, service of the notice is taken to be effected on the fourth day after the date of postage. Where a notice is sent by electronic mail, or through other electronic means, service of the notice is taken to be effected on the day after the day on which it is sent, unless we receive notification that delivery has failed.
(e) You consent to us using the contact details you have provided to us to:
(i) contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified us that you do not wish to receive such communication); and/or
(ii) contact you in relation to your Fupay Account, our Products and/or any Third Party Goods you have purchased.
(f) You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for Fupay’s own protection. Fupay does not provide any guarantee that any such monitoring or recording will be retained or retrievable.
9.2. How you can communicate with us
Except as explicitly stated otherwise, any notices to us should be given by email to:
- Email: email@example.com
10. System Outages
(a) Access to our Products or our Websites may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control.
(b) To the extent permitted by law, and subject to clause 2.2, Fupay will not be liable for any loss or damage which you may incur as a result of our Products or our Website and App being unavailable.
11. Limitation of Liability
(a) To the full extent permitted by law, and subject to clause 2.2:
(i) Fupay’s liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Fees;
(ii) Except for claims arising in respect of clause 13, your liability for all claims arising under or related in any way to this Agreement no matter how arising (including the indemnity in clause 12), and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Fees; and
(iii) Neither party (including in relation to Fupay, its related bodies corporate, or any third party providing services on behalf of Fupay), will be liable for any Consequential Loss arising under or related in any way to this Agreement no matter how arising and whether in contract, tort (including negligence) or otherwise.
(b) Fupay and its related bodies corporate, or any third party providing services on behalf of Fupay, and the directors, employees, officers, agents and representatives of them, will not, to the extent permitted by law and subject to clause 2.2, be liable for any loss or damage (including any direct, indirect or Consequential Loss or damage) you or any third party may incur from your purchase or use of any goods or services from a Merchant or a Third Party Supplier, except to the extent that we cause such loss or damage (in which case, our liability to you is limited as set out in clause 11(a) above). You acknowledge that any consumer-related claims you may have in respect of the goods or services purchased from a Merchant or Third Party Supplier will be a matter between you and the Merchant or Third Party Supplier, subject to any obligation on us to process refunds and cancel future payments in accordance with this Agreement and our agreement with the Merchant or Third Party Supplier.
(c) To the extent permitted by law, a party’s liability to the other party under or in connection with this Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.
(d) The parties will take all reasonable steps to mitigate any loss incurred by them under this Agreement.
12. Liability for Unauthorised Transactions on the Card
Your liability for losses arising from Unauthorised Transactions will be determined under the ePayments Code.
12.1. Where you are not liable
(a) You will not be liable for losses resulting from Unauthorised Transactions where it is clear that you have not contributed to the loss.
(b) You will not be liable for losses resulting from Unauthorised Transactions that are caused by:
(i) fraud or negligence by our employees or agents, a third party involved in networking arrangements, or a merchant or their employee or agent;
(ii) a Card, Identifier or Pass Code which is forged, faulty, expired or cancelled;
(iii) a transaction requiring the use of a Card and/or Pass Code that occurred before you have received the Card and/or Pass Code (including a reissued Card and/or Pass Code);
(iv) a transaction being incorrectly debited more than once to your Card; or
(v) an Unauthorised Transaction performed after you have informed us that your Card has been misused, lost or stolen, or the security of a Pass Code has been breached.
(c) You are not liable for loss arising from an Unauthorised Transactions that can be made using an identifier without the Card or a PIN. Where a transaction can be made using the Card, or a Card and an identifier, but does not require a PIN, you are liable only if you unreasonably delay reporting the loss or theft of the Card or a Device.
12.2. Where you are liable
(a) You are liable for loss resulting from an Unauthorised Transaction if we can prove on the balance of probability that you contributed to the loss through fraud or breaching section 45 and 46. In those circumstances you are liable in full for the actual losses that occur before the loss, theft or misuse of a Card or Device or breach of PIN or Pass Code security is reported to us but:
(i) you are not liable for the portion of losses incurred on any one day in excess of any applicable daily transaction limit;
(ii) you are not liable for the portion of losses incurred in any period in excess of any applicable periodic transaction limit;
(iii) you are not liable for the portion of losses that exceeds that Available Balance; and
(iv) you are not liable for the portion of losses incurred if we and you had not agreed that the Available Balance could be accessed using the Card or Identifier and/or PIN used to perform the transaction.
(b) You will be liable for losses arising from an Unauthorised Transaction if we can prove on the balance of probability that you contributed to those losses by unreasonably delaying reporting the misuse, loss or theft of a Card or Device, or that the security of all PINs has been breached. In those circumstances, you are liable in full for the actual losses that occur between when you become aware of the security compromise, or should reasonably have become aware in the case of a lost or stolen Card, but:
(i) you are not liable for the portion of losses incurred on any one day in excess of any applicable daily transaction limit;
(ii) you are not liable for the portion of losses incurred in any period in excess of any applicable periodic transaction limit;
(iii) you are not liable for the portion of losses that exceeds the Available Balance; and
(iv) you are not liable for the portion of losses incurred if we and you had not agreed that the Available Balance could be accessed using the Card or Identifier and/or PIN used to perform the transaction.
(c) If a PIN was required to perform an Unauthorised Transaction not already covered above, you will be liable for the least of:
(i) $150; or
(ii) the Available Balance; or
(iii) the actual loss at the time that the misuse, loss or theft of a Card or breach of PIN security is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily of other periodic transaction limit.
(d) If you report an Unauthorised Transaction, we will not hold you liable for losses arising from the Unauthorised Transaction for an amount greater than your liability if we exercised any rights under the rules of the Mastercard scheme, at the time of the report, against other parties to the Mastercard scheme (for example, chargeback rights).
(a) You are responsible to Fupay and any related companies of Fupay to the extent they are involved in the provision of the Products for any loss, costs (including reasonable legal fees), expense or damage they suffered or incurred:
(i) in connection with any claim or demand made by any third party due to or arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our Products or Website; and
(ii) as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence.
(b) Your liability under clause 13(a) will be reduced proportionately to the extent that Fupay, its contractors or agents:
(i) caused or contributed to the relevant claim, demand, loss or damage; or
(ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.
14. Breach relating to misuse of the Products
(a) You acknowledge that it is imperative that Fupay be able to rely on:
(i) the information you provide to us;
(ii) the identity that you use; and
(iii) that your use of your Fupay Account and our Products be for the intended purpose.
(b) You acknowledge that a breach by you of any obligation in this Agreement in relation to the matters in clause 13(a) (including, without limitation, a breach of clauses 2.4 or 3.2(b) and 3.2(e) of this Agreement) would cause significant detriment to Fupay and its related bodies corporate. You agree that monetary damages will not be sufficient to remedy that detriment, or may otherwise be incapable of being ascertained, and irrevocably consent to Fupay or any of its related bodies corporate seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law or in equity.
(c) If Fupay reasonably considers that you have breached an obligation under this Agreement in relation to your identity, the information you provide to us and/or your use of your Fupay Account and our Products, you agree, on request from Fupay, to provide Fupay with copies of all documents, notes or communications in relation to such alleged breach.
(d) This clause survives termination of this Agreement.
15. Account Information From Third Party Sites
(b) We cannot always foresee or anticipate and therefore shall not be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. We do not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.
(c) For example, when using Fupay, Account Information via third party services is only up-to-date as the time at which the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. Accordingly, we cannot assume any responsibility, nor bear any indemnity in respect of information used for Fupay that is in any way untimely or out of date. You can minimise the risk of untimely data by refreshing your Account Information through Fupay, according to instructions detailed via the Fupay Website or the App.
16. Third-Party Links And Offers
(a) Some parts of Fupay are supported by sponsored links from advertisers and display offers that may be custom-matched to you based on information you have stored in Fupay, queries made through Fupay or other information. We will always disclose when an offer is sponsored. Such information is provided by Fupay ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk. We do not endorse, warrant or guarantee the products or services available through the offers provided by Fupay. We do not guarantee nor represent that offers (or any other third-party products or services advertised on or linked from our site) are actually the terms that may be offered to you if you pursue the offer or that they are the best terms, or lowest rates available. We are in no way party to and will not be liable for enforcing any agreement made between you and any third party sponsor.
(b) All third party products and/or services including names, services, company names and logos mentioned on the Website or the App are trademarks of their respective owners, which are in no way associated or affiliated with us. These trademarks, services, processes or other information, by trade name, trademark, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
(c) In some instances, the advertisement or web site linked will contain representations or offers by the third party, which you can accept by executing the relevant transaction. You acknowledge that we do not make such representations or offers, and the third party solely is responsible to you for the delivery of any goods or services obtained from the third party.
(d) If you have an enquiry or complaint about a particular merchant, business, advertisement, link, email, or survey, you may contact us at firstname.lastname@example.org.
(e) We will do our best to answer your question or resolve the issue, however in some circumstances we may need to direct you to contact the merchant, business or advertiser directly.
(f) You use any recommendations within Fupay at your own risk and should consult your financial advisors prior to entering into any products recommended. Fupay does not provide financial advice, but provides you with an opportunity to review your financials in a new perspective and make judgments upon your own volition.
(h) We will not hold any amounts representing payments we may be required to make to you in respect of your redemption of rewards in a separate bank account or otherwise segregate those amounts from our own funds, and we do not hold any such amounts in trust. Until we have an obligation to make payment to you under the Terms, you have no entitlement to receive any funds from us and cannot make any claim against our assets.
(i) In the event that we become insolvent, you will not be able to recover any outstanding amount that we owe, but have not paid, to you in priority to any of our other creditors. There may be other creditors whose debts will take priority over yours. You may not recover the full amount we owe to you and there is a risk that you will not be able to recover any of the unpaid amount.
(j) From time to time we may run competitions and promotions for members. Additional terms and conditions apply to those competitions, and you should read those terms and conditions in conjunction with the Terms.
17. Your Registration Information
(a) You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your Login ID email address, allows you to access Fupay.
(b) By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
(c) If you become aware of any unauthorised use of your Registration Information, you agree to notify us immediately via email@example.com.
18. Your Use of Fupay
(a) Your right to access and use Fupay is personal to you and is not transferable by you to any other person or entity. You must access and use Fupay, the Website and the App for lawful purposes and in accordance with these Terms.
(b) Accurate records enable us to provide the highest level of service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you must not misrepresent your Registration Information. In order for Fupay to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of Fupay to you will be affected.
(c) Your access and use of Fupay may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Fupay or other actions that we elect to take.
(d) You also agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of Fupay, other products or services, advertising or marketing materials. You grant Fupay a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to us in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
(e) We reserve the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons:
(i) breach of any applicable law or breach of any of the Terms;
(ii) where we conclude that your conduct impacts on our name or reputation; or
(iii) where we conclude that your conduct violates our rights or those of another party.
(f) If you breach any provision of these Terms, we reserve the right to suspend or terminate your use of Fupay or Fupay Rewards with respect to you, and commence proceedings against you for damages or expenses arising directly or indirectly out of your actions.
(g) We are under no obligation to monitor any person’s use of Fupay, however we reserve the right to monitor any aspect of Fupay and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.
(h) You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and/or the App and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
19. Use of Fupay With Other Devices
(a) Use of Fupay may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
(b) To the extent permitted by law, Fupay makes no warranties or representations of any kind, express, statutory or implied as to:
(i) the availability of telecommunication services from your provider and access to Fupay at any time or from any location;
(ii) any loss, damage, or other security intrusion of the telecommunication services; and
(iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with Fupay.
(c) We may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Fupay account, such as a change in your Registration Information.
(d) These alerts provide you with alert messages for your accounts. We may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options within your Fupay account settings.
(e) Electronic alerts will be sent to the email address you have provided as your primary email address for Fupay. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change.
(f) Because alerts are not encrypted, we will never include your unique third-party identification information. However, alerts may include your Fupay Login ID and transaction and other information about your accounts, depending upon which alerts you select.
20. Rights You Grant Us
(a) By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to us through the Website or the App, you are licensing that content to us solely for the purpose of benefits provided to you by through use of Fupay. We may use and store the content, but only to provide these benefits to you. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.
(b) By using Fupay, you expressly authorise us to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of Fupay, you will be directly connected to the website for the third party you have identified.
(c) Fupay will submit information including usernames and passwords that you provide to log you into the site. You hereby authorise and permit us to use and store information submitted by you to Fupay (such as account passwords and usernames) to accomplish the foregoing and to configure Fupay so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms and solely to provide the Account Information to you as part of Fupay, you grant Fupay a limited power of attorney, and appoint Fupay as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when Fupay is accessing and retrieving account information from third party sites, Fupay is acting as your agent, and not as the agent of or on behalf of the third party. You understand and agree that Fupay is not sponsored or endorsed by any third parties accessible through Fupay.
21. Access To The Website And The App
(a) You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Fupay or any portion of Fupay, without Fupay’s express written consent, which may be withheld in Fupay’s sole discretion;
- Interfere with the computer systems which support the Website and the App; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
- Collect or store personal data about other Users of the Website or the App;
- Impersonate or falsely represent your association with any person or organisation;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Fupay, other than the search engines and search agents available through Fupay and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
- Delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Fupay; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Fupay.
(b) Fupayrthermore, we do not warrant that functions contained in the Website and App, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that we or our hosting server, are free of viruses or bugs.
22. Termination and Cancellation
22.1. Cancellation by us
(a) We reserve the right to cancel your Fupay account, and terminate your use of Fupay Rewards at any time, without cause or reason by giving you 30 days’ notice via email to the email address we have recorded for you.
(b) In addition, we may cancel your Fupay account, and terminate your use of Fupay Rewards, immediately without notice, if you:
- breach or violate any conditions or other terms or requirements in the Terms; or
- supply any incorrect or misleading information to us; or
- die or become unsound of mind or become bankrupt; or
- act against our business interests or reputation or the business interests or reputation of our related bodies corporate and related entities, clients, partners, merchants and suppliers.
22.2. Cancellation and rewards expiry for non-use (inactive Fupay accounts)
(a) We reserve the right to cancel your membership and your Fupay account, and terminate your use of Fupay Rewards, with 7 days’ notice, if your Fupay account becomes inactive under the Terms.
(b) All Fupay Rewards (whether pending or confirmed or accrued or not) held in an inactive Fupay account will expire at midnight (Sydney, Australia, time) on the date that the account becomes Inactive (the “expiry date”). Subject to the Terms, expiry of rewards will not itself result in closure of a Fupay account but the applicable rewards will be immediately and irreversibly cancelled and will not be available to the User. We will use reasonable endeavours to provide you with prior written notification of the date on which your rewards will expire (if your Fupay account becomes inactive).
(c) Rewards cannot be re-credited once they have expired. Any activity on your Fupay account after the expiry date will not apply to any rewards previously expired under the Terms.
22.3. Forfeit of rewards
If your Fupay account is cancelled for any reason, you will forfeit all of your rewards and all outstanding redemption payments (including any rewards held in your Fupay account or accrued by you, any Cashback or other pending payments, and any other rewards or payments that you would otherwise have been entitled to receive). Any such rewards and payments will remain our property and are immediately and irreversibly forfeited (and we will have no further obligation to make any payment to you).
23. Content Of The Website And The App
(a) Whilst we make every effort to ensure information or content published on the Website or the App by us is accurate and complete, to the maximum extent permitted by law, we make no guarantee that it is, and cannot be held responsible for any errors or omissions (beyond our reasonable control) in any such information or content.
(b) Any dated information or content published by us on the Website or the App is current at the time of publication, and we are not obliged to update or amend any such information or content.
24. Social Media Connections
25. Usage Limitations
Use of Fupay may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls you are permitted to make against Fupay’s programming interface. Any such limitations will be specified within Fupay.
(a) You acknowledge and agree that you alone are liable for any and all taxation implications relating to your use of Fupay or you obtaining rewards through Fupay Rewards, and you alone will be liable for having any such tax liability assessed and paid.
(b) We recommend that you consult with your accountant or tax adviser to ensure that you understand any possible tax implications related to your use of Fupay or you obtaining rewards through Fupay Rewards.
(c) Upon demand, you will indemnify and keep indemnified us, our related bodies corporate and our related entities, and any of our/their respective officers, employees and agents (collectively, “those indemnified”) against all liability for fringe benefits tax or other taxes (or their collection) incurred by those indemnified and arising from your use of Fupay or you obtaining rewards through Fupay Rewards.
28. About the Card
29. Statement of Account
Your electronic statements of accounts showing Card transactions and available balance are available on the Fupay App. Please contact Fupay by visiting fupay.com.au or by emailing us on firstname.lastname@example.org if you require any assistance accessing electronic statements of accounts.
(a) If you notice any error (or possible error) in any transaction or statement relating to Card, then you must notify us immediately. We may request you to provide additional written information concerning any error (or possible error) and you must comply with that request.
(b) It is your responsibility to regularly review your transaction history to identify Unauthorised Transactions.
30. Significant Benefits to Cardholders
31. Significant Risk to Cardholders
(a) Some of the risks that may be associated with the use of the Card are outlined below, are intended to be a summary of the major risks associated with the Card and are not exhaustive. There may be other risks that relate to the use of your Card.
(b) Significant risks to cardholders are:
- The Card will expire at the date shown on the front of the Card. You cannot access the Available Balance on an expired Card;
- Unauthorised Transactions can happen using the Card if it, or your Device, is lost or stolen, a PIN is revealed to any other person, or as a result of fraud;
- unintended transactions can happen if electronic equipment with which the Card is being used is operated incorrectly or incorrect details are input;
- you might not be able to get your money back if Unauthorised Transactions or unintended transactions occur;
- if the electronic network enabling the use of the Card is unavailable, you may not be able to undertake transactions using the Card;
(c) Your Card or Device could be lost, destroyed or stolen.
32. The Card
(a) You must have an active Fupay Account before the Card can be used.
(b) There is no stored value on Card. Any transactions made by using the Card are debited against your Fupay Account; if there is no Available Balance on your Fupay Account, transactions made with the Card will be declined;
(c) The Card allows purchases to be made wherever Mastercard cards are honoured for electronic transactions if a sufficient Available Balance exists for the amount of the transaction; and
(d) The Card is not a facility by which Fupay takes deposits from you.
33. Using the Card
(a) Upon approval by Fupay on the opening of your Fu Card, your Card will be activated and ready for use.
(b) You can purchase goods and services using your Card and the payment is debited against your Available Balance. The Card allows you to purchase goods and services:
(i) at an outlet within Australia that has EFTPOS available by making a contactless payment.
(ii) over the telephone or the internet by providing the PAN, expiry date and security code.
(c) When you are paying for goods and services by selecting the ‘Credit’ button at a Point of Sale terminal or providing the Card number to a merchant over the telephone or the Internet, you’ll be covered by Mastercard’s Zero Liability Protection Policy. This means you are protected against Unauthorised Transactions.
(d) You agree not to make or attempt to make transactions that exceed the Available Balance. If there is no Available Balance on your Fupay Account, any attempted transactions with the Card will be declined.
(e) If you make or attempt to make any transactions that exceed the Available Balance then you will be liable for any Negative Balance, along with any costs or interest we incur in recovering or attempting to recover from you the amount owing.
(f) You can use your Card within the limits specified in clause 36 provided that you do not exceed the Available Balance and the expiry date for the Card has not passed.
(h) You cannot “stop payment” on any transaction after it has been completed. 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 should contact Fupay.
(i) If you are entitled to a refund for any reason relating to a transaction, you agree to accept the refund under the policy of that specific merchant.
(j) We are not liable in any way when an authorisation is declined for any particular transaction regardless of reason.
(k) If you permit someone else to use the Card, you will be responsible for any transactions initiated by that person with the Card.
(l) You may not make pre-authorised regular payments through the use of the Card other than as expressly agreed in writing by Fupay.
(m) Your Card may not be used for any direct or recurring debit payments other than as expressly agreed in writing by Fupay.
34. Fees and Charges
(a) You agree to pay the fees provided in these Terms and Conditions. Applicable fees are currently as follows:
(i) Up to 5% of any Fupaypay transaction, including any Card transaction; and
(ii) Fupay reserves the right to charge late fees.
(b) All fees and charges are expressed in Australian dollars and are inclusive of any applicable GST.
(c) Certain Merchants may charge an additional fee if the Card is used to purchase goods and/or services. This fee is determined and charged by the merchant and is not retained by us.
35. Foreign Transactions
(a) Transactions made using the Card in a currency other than Australian dollars will be subject to the prevailing Mastercard exchange rate at the time plus a 2.99% foreign exchange fee. Example of Foreign Exchange Fee:
- You make a purchase from a merchant located outside Australia (e.g. USA);
- At the time, Mastercard’s prevailing exchange rate is US$1.00 = $0.95 Australian;
- You spend US$200.00;
- The Australian dollar amount is US$200.00 x $0.95 = $190.00;
- The foreign exchange fee is therefore 2.99% x $190.00 = $5.68
(b) For a full listing of fees and charges please refer to section 34 Fees and Charges.
36. Limitations of use of the Card
(a) The following limitations apply to the Card:
- the Card may not be used for, and authorisation may be declined for, any illegal transactions or for any transactions not approved by Fupay;
- some Merchants may choose not to accept prepaid Mastercard cards; and
(b) Fupay reserves the right at its absolute discretion to “blacklist” any merchant by denying the ability for you to use your Card at that Merchant.
|Maximum Point of Sale transaction||Up to $1,000.00|
|Daily Point of Sale Limit||Up to $1,000.00|
37. PIN and Pass Codes
(a) If a PIN has been provided to you in the Website or the App (upon verification of registration). You must not disclose your PIN to any other person.
(b) If a Pass Code has been provided to your registered Device to complete a transaction – this is often referred to as Two Factor Authentication. Where you are provided a Pass Code in these circumstances, you must not disclose that Pass Code to any other person.
(a) You must make sure that you keep the Card, Identifiers and any PIN’s or Pass Codes safe and secure. The precautions we require you to take (Security Requirements) are set out below.
(b) You must not:
- allow anyone else to use the Card;
- unnecessarily disclose the PAN;
- carry the PIN or Device Pass Code with the Device, or record the PIN or Device Pass Code on anything carried with the Card or liable to loss or theft simultaneously with a Device, unless you make a reasonable attempt to protect the security of the PIN or Device Pass Code; or
- voluntarily disclose the PIN, Device Pass Code or Pass Code to anyone, including a family member or friend.
(c) Important points to remember to safeguard your Card:
- memorise your PIN and never store it with or near your Card or Device;
- never communicate your PIN or Pass Code to anyone;
- try to prevent anyone else seeing you enter your PIN into an electronic banking terminal;
(d) Important points to remember to safeguard your Device:
- always lock your Device and never leave your Device unattended;
- never lend your Device to anyone;
- assign a Device Pass Code to unlock your Device;
- not store anyone else’s Biometric Identifier within your Device;
- remove any other registered Biometric Identifier which is not your own from your Device;
- ensure that any security details to access your Device or authorise a payment with your Device is not easily guessed;
- immediately report the loss, theft or unauthorised use of your Card or Device to Fupay at email@example.com
- examine your Fu Card to identify and report, as soon as possible, any instances of unauthorised use; and
- keep any Identifier, Pass Code or Personal Information such as your card number, PIN and CVV number, private and never store or communicate the information to anyone.
39. Loss, Theft and Misuse of Cards or Devices
(a) If you know or have reason to suspect that your Device is lost, stolen or damaged, likely to be misused or you have reason to suspect that someone else may know the PIN, Identifiers or Pass Codes you must immediately notify Fupay. We will then suspend your Card to restrict further use.
(b) 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.
40. Important Information about Chargebacks
(a) In some circumstances, you may be able to request a chargeback of a transaction when you have a dispute with a Merchant, such as the Merchant’s failure to supply the goods or services you paid for.
(b) A chargeback is a right under the Mastercard Scheme rules by which a transaction can effectively be reversed by us debiting an amount to the Merchant’s financial institution and crediting back to your Fupay Account. We can only process chargebacks if the Mastercard Scheme Rules allow us to.
(c) If you believe that you are entitled to a chargeback, you must notify us as soon as possible by contacting Fupay.
(d) The Mastercard Scheme Rules impose time limits for initiating chargebacks. The time limit is generally 90 days from the date of the disputed transaction.
(e) If you request a chargeback, we may need you to provide additional information. If we do ask you for additional information and you do not provide it within 10 days, then you may lose any rights to the chargeback and if it has already been processed, we may reverse it.
(f) Please note that if we process a chargeback, the merchant may have rights under the Mastercard Scheme Rules to have the transaction investigated further, and this can in some circumstances result in the chargeback being reversed (which means the original transaction might be reinstated by being debited to your Available Balance).
41. Card Expiry
(a) The Card is valid until the expiry date shown on it unless it is cancelled before then.
(b) Your Card cannot be used after expiry. You cannot access the Available Balance on the expired Card unless a replacement Card is issued to you.
(c) We may issue you with a replacement Card if requested by you at any time after expiry and provided you have registered your details with us, including your name and Australian address. We reserve the right not to issue a replacement Card to you, in which case you will not be able to use the Card as a means to access the Available Balance of your Fupay Account.
42. Replacement Cards
(a) If your Card is misused, lost or stolen, you should notify Fupay in accordance with section 39 so that your Card can be cancelled.
(b) A replacement Card will be arranged after you notify us that your Card or Card details are misused, lost or stolen in accordance with section 39 and the misused, lost or stolen Card has been blocked. You will need to register and activate the new Card in accordance with section 33 and add your Card to your Device Wallet.
(c) You should be aware that:
(i) Fupay is not required to take any action or perform any obligation under or in connection with the Card if it is not satisfied as to your identity, or where there are reasonable grounds to suspect that by doing so it may breach the AML/CTF Laws
(ii) Fupay may from time to time require additional information from you to assist us in the above compliance process; and
(iii) where legally obliged to do so, we will disclose the information gathered to regulatory and/or law enforcement agencies, other banks, service providers or to other third parties.
44. Governing Law and Jurisdiction
This Agreement is governed by the law in force in Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Queensland, Australia.
45. Ability to Accept This Agreement
(a) You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as Fupay is not intended for children under 13. If you are under 13 years of age, then please do not use Fupay.
(b) We provide these Terms upon sign-up so that you know what terms apply to your use of Fupay. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.
46. Definitions and Interpretation
Agreement means this agreement and its schedule, together with any policies and documents incorporated by reference.
Available Balance means the monetary value recorded by Fupay available to you through the Products and available for transactions, less any purchases, authorisations, fees and charges or other amounts debited under the Agreement.
Biometric Identifier means a fingerprint, faceprint or any other similar biometric identifier.
Card means the Tokenised Card issued as part of your Fupay Account.
Confidential Information includes all information exchanged between the parties to these Terms, whether in writing, electronically or orally, including us but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
Consequential Loss means any loss, damage or costs incurred that is:
(i) indirect or consequential; and
(ii) any loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity other than in respect of any such losses incurred by Fupay directly in respect of this Agreement.
Consumer Rights has the meaning given in clause 2.2.
Contactless Terminal means a terminal that can be used to make a Contactless Transaction.
Contactless Transaction means a transaction made by holding a Card (which is capable of making a Contactless Transaction) in front of a Contactless Terminal, to complete a transaction, rather than inserting the card into the terminal.
Data means any data inputted by you or with your authority into the Website or the App, or data acquired via your authorisation (including your transaction information).
Device means a compatible smartphone or wearable device that supports a Device Wallet, enabling you to use the Device as a payment method for purchase transactions.
Device Pass Code means anything used to unlock and access a Device including, but not limited to, a password, numerical code, pattern or Biometric Identifier.
Device Wallet means the Apple Pay, Google Pay or Samsung Pay mobile applications that store the Card as a tokenised card on a compatible phone or wearable device.
EFTPOS/POS means electronic funds transfer at point of sale.
Electronic Communication means a message which is sent to you and which you receive electronically, in a form that you can retain for later reference such as by printing or by storing for later display.
ePayments Code refers to the code issued by the Australian Securities & Investments Commission, effective from 29 March 2016, and includes any subsequent amendments or replacements.
Fees means any fees charged by us, as described in this Agreement.
Fupay Account means an account that Fupay creates to uniquely identify you and to enable you to use our Products, which may include, where applicable, reference to the Card.
Fupay Affiliate means a related body corporate or related entity of Fupay, including one in another jurisdiction.
Fupay App means the Fupay mobile application, downloadable to a mobile device, used by you to manage your Fupay Account.
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).
Intellectual Property Right means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
Mastercard means Mastercard International Incorporated.
Mastercard Scheme Rules means the Mastercard Scheme Rules and the Mastercard Technical Operational and Security Rules.
Merchant means an online or in-store merchant whose goods or services may be purchased by you using our Products.
Negative Balance means a negative rather than a positive Available Balance.
Nominated Payment Source has the meaning given in clause 4.2(a).
Order means a request submitted by you to us, to borrow a small amount of cash or use a Fupay Product to pay for goods or services offered by a Merchant or to pay for Third Party Goods and Services available through our Websites.
Original Order Value means the total cost of your Order displayed to you by Fupay in the Fupay payment window (before any refunds may be applied).
PAN means the 16-digit Primary Account Number, which is the number embossed on the front of the Card
Pays Providers means the mobile payment and Device Wallet service created by Apple, Google and Samsung Pay respectively.
Pass Code means a password or code that you must keep secret that is used to authenticate your identity or a transaction. Examples include a code delivered to you by text or email which is required to perform a transaction (often called Two Factor Authentication).
Payment Method means any payment method accepted by Fupay from time to time.
Payment Schedule means, in relation to an Order, a list of payment amounts that Fupay is entitled to receive from you, and the relevant due dates of each payment. For the avoidance of doubt, you may establish and move payments date by agreement with Fupay in connection with an Order.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about you when your identity is apparent or can reasonably be ascertained from the information or opinion.
PIN means the four-digit personal identification number which we issue to you to access some of the Card services.
POS Transaction means Point of Sale transactions.
Products mean the payment products and associated services offered by Fupay from time to time, including the Card.
Related body corporate and related entity have the same meaning as under the Corporations Act 2001 (Cth).
Security Requirements means the Security Requirements described under section 38 “Card Security”.
Third Party Goods and Services means goods or services supplied by a Third Party Supplier that may be purchased through our Website and App using the Products.
Third Party Supplier means our third party supplier of goods and services available through our Websites.
Tokenised Card means a Mastercard which has the sensitive personal information (including, but not limited to, a Primary Account Number (PAN)) substituted for a unique identifier (token) by Mastercard and stored within a Device for you to use as payment. A Tokenised Card can be used for contactless purchases as well as card not present transactions, including online purchases.
Unauthorised Transaction means a transaction (including using the Card) 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.
User means the registered user for Fupay, and, where the context permits, includes any entity on whose behalf that person registers to use Fupay.
We, us, our means Fupay and, except where the context indicates a different intention, also includes any agent acting on behalf of Fupay
Fupay, Fu, we, us or our means Fupay Holdings Pty Ltd, and can include a Fupay Affiliate where applicable.
Website means fupay.com.au and any other website operated by Fupay.
You refers to a person who has been approved by Fupay to open a Fu Card and has been issued with the Card. Any other grammatical form of the word “you” has a corresponding meaning.
You (or Your) means the person identified when a Fupay Account is created. If:
(i) such person does not exist, or
(ii) the name or details are used by someone who is not in fact that person, or
(iii) is otherwise provided dishonestly or fraudulently, then You (or Your) means the person who clicks to accept these terms.
(a) The word “person” includes an individual, a firm, a corporation, an unincorporated association, government, state or agency of state, association, partnership or joint venture.
(b) All references to dollars or $ or cash are to Australian dollars.
(c) ‘Including’, ‘such as’ and similar expressions are not words of limitation.