Terms and conditions

1. About these Terms and Conditions and the Contract

• 1.1 These Terms and Conditions govern your Account and the use of the Freestyle Card.
• 2.2 These Terms and Conditions, together with the document that contains the Financial Table, form your Contract with us.
• 1.3. Capitalised words have special meanings and are defined in the Financial Table or at the end of this document.
• 1.4. We do not have to make credit available to you and may decide not proceed with this Contract if:
  • (a) you do not provide us with any documents or information required by us;
  • (b) any documents or information provided by you are found to be false, misleading or inaccurate;
  • (c) we cannot verify the accuracy of any documents or information provided by you;
  • (d) you have not obtained any credit within 14 days of the Disclosure Date; or
  • (e) anything occurs which in our reasonable opinion makes proceeding with this Contract undesirable.
• 1.5. You may terminate this Contract at any time before you have used the Freestyle Card.

2. About the Freestyle Card and your Account

• 2.1. MoneyMe Financial Group Pty Limited is the provider of the Account and distributor of the Freestyle Card.
• 2.2. The Freestyle Card does not allow you to spend more than the Available Balance of your Account, subject to our purchase approval criteria.
• 2.3. Your Freestyle Virtual Credit Account must have an Available Balance before it can be used.
• 2.4. There is no stored value on the Freestyle Card. Any transactions made with the Freestyle Card are debited against the Available Balance of your Account. If your Account does not have an Available Balance, transactions made with the Freestyle Card may be declined.
• 2.5. Subject to clause 7, your Freestyle Card allows you to make purchases anywhere in the world where Mastercard cards are accepted for transactions if there is a sufficient Available Balance for the amount of the transaction.
• 2.6. The Freestyle Card is not a facility by which we take deposits from you.
• 2.7. We may reduce the Credit Limit of your Account at any time without your consent. If we do so, we will give you notice as soon as reasonably practical afterwards.
• 2.8. You can request us to reduce the Credit Limit of your Account at any time. We will take reasonable steps to give effect to your request as soon as practicable.
• 2.9. We may only increase the Credit Limit of your Account at your request.
• 2.10. You must ensure that you do not exceed the Credit Limit of your Account. You must pay to us any amount owing in excess of your Credit Limit immediately.

3. Using the Freestyle Card

• 3.1. Your Freestyle Card will be activated and ready for use once MoneyMe has approved the opening of your Account.
• 3.2. Subject to clause 7, you can purchase goods and services from merchants (within Australia and overseas) which accept Mastercard cards using the Freestyle Card and the payment will be debited against the Available Balance of your Account. The Freestyle Card allows you to purchase goods and services:
  • (a) with a merchant within Australia that has EFTPOS available by making a contactless payment for transactions under $100; or
  • (b) over the telephone or the internet by providing the PIN, expiry date and security code.
• 3.3. We may debit your Account with any cash advances, fees and charges, government charges, enforcement expenses, and any other transactions permitted by us.
• 3.4. Unless otherwise specified in this Contract, you are liable for all amounts we debit to your Account.
• 3.5. You must not to make any transactions that exceed the Available Balance of your Account. If your Account does not have an Available Balance, any attempted transactions made with the Freestyle Card may be declined. If you make any transactions that exceed the Available Balance of your Account, you must pay to us any amount owing in excess of the Available Balance immediately, along with any costs or interest we incur in recovering or attempting to recover the amount owing from you.
• 3.6. We have the right to decline to accept your authorisation for any transaction if we have reason to doubt the authenticity or validity of the authorisation or your legal capacity to give the authorisation.
• 3.7. You cannot stop payment on any transaction after it has been completed. If you have a problem with a purchase made with the Freestyle 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 us on 1300 669 059.
• 3.8. You should ensure that the correct amount is entered in the EFTPOS terminal, or written in the total box on the sales voucher, before you authorise the transaction.
• 3.9. 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. Refunds may be in the form of a credit to the Freestyle Card or in store credit.
• 3.10. We are not liable in any way when an authorisation is declined for any particular transaction regardless of reason. We are not responsible if a merchant refuses to accept your Freestyle Card, and we do not accept any responsibility for the goods or services purchased with your Freestyle Card.
• 3.11. The Freestyle Card may not be used for any direct or recurring debit payments.

4. Cash advances

• 4.1. A cash advance occurs when you transfer money from your Account to another account.
• 4.2. There is no interest free period for cash advances.
• 4.3. Cash advances are subject to your daily transaction limit. When completing a transaction, you must ensure that the details are correct prior to authorisation, and you should retain any receipt or voucher issued for your records.

5. Fees and charges

• 5.1. You must pay the fees set out in the Financial Table. You authorise us to debit your Account with these fees when they are incurred or become payable and reduce the Available Balance of your Account accordingly.
• 5.2. Unpaid fees and charges debited to your Account will incur interest daily at the same rate that applies to purchases.
• 5.3. All transaction fees are charged at the time of transaction and are included in the total purchase price.
• 5.4. All fees and charges are expressed in Australian dollars and are inclusive of any applicable GST.
• 5.5. Certain merchants may charge an additional fee if the Freestyle Card is used to purchase goods and/or services. This fee is determined and charged by the merchant and is not retained by us.
• 5.6. You must also pay us any government duties, taxes and other charges on receipts, duties or withdrawals that apply to your Account. We may debit these duties, taxes and charges to your Account as and when they become payable.

6. Foreign transactions

• 6.1. The Available Balance of your Account is in Australian dollars. Transactions made with the Freestyle 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 calculation of the foreign exchange fee:

1. You make a purchase from a merchant located outside Australia (e.g. USA)
2. At the time, Mastercard’s prevailing exchange rate is US$1.00 = $0.95 Australian
3. You spend US$200.00
4. The Australian dollar amount is US$200.00 x $0.95 = $190.00
5. The foreign exchange fee is therefore 2.99% x $190.00 = $5.68

7. Limitations of use of the Freestyle Card

• 7.1. The Freestyle Card must not be used for the following transactions which are prohibited and may be declined:
  • (a) any illegal transactions;
  • (b) wires, money orders;
  • (c) drugs;
  • (d) proprietaries and sundries;
  • (e) manual cash disburse;
  • (f) automated cash disburse;
  • (g) money orders;
  • (h) betting and casino gambling;
  • (i) charitable and social service organisations;
  • (j) bail and bond payments;
  • (k) tax payments (government agencies);
  • (l) payment for ongoing services or recurring payments such as subscription services (i.e. streaming subscriptions or gym memberships); and
  • (m) any other transactions not approved by MoneyMe.
• 7.2. Some merchants may choose not to accept Mastercard card and will therefore not accept the Freestyle Card as payment for goods or services.
• 7.3. The Financial Table sets out the transaction limits applicable to the Freestyle Card. We may impose other daily transaction limits at any time by notifying you. Merchants or other providers of facilities may impose additional limits.

8. Interest

• 8.1. We calculate interest on purchases and cash advances separately. Unpaid fees and charges incur interest at the same rate as purchases.
• 8.2. Interest for each of purchases and cash advances will accrue daily. The interest rate applied on the day will be the applicable interest rate for that category of debit divided by 365.
• 8.3. Interest will be debited on the same day your scheduled repayments are due and also when you make any additional repayment outside your repayment schedule. If any day on which interest is due to be debited is not a business day, interest will be debited on the next business day.
• 8.4. Interest debited to your Account will be included in the closing balance, and if not paid, will accrue interest at the same rate according to the applicable interest rate for that category of debit.
• 8.5. We will not pay you interest on any credit balance of your Account.

9. Interest free purchases

• 9.1. The Financial Table specifies whether an interest free period applies to purchases made using the Freestyle Card. If an interest free period applies, you do not pay any interest on purchases during the interest only period provided that:
  • (a) you paid the closing balance by the due date shown on the statement of account issued immediately before the date of the purchase; and
  • (b) you pay the closing balance by the due date shown on the statement of account that records that purchase debit.
• 9.2. The closing balance is not the minimum repayment – it is the entire amount outstanding as shown in the statement of account for your Account.
• 9.3. If the above conditions in are not met, interest will be payable on the unpaid balance of your Account from the day after the due date, and on each new purchase from the date of the purchase.

10. Payments

• 10.1. You must pay the minimum repayment amount shown on the statement of account for your Account each month by the due date. You can make additional payments at any time.
• 10.2. You must make payments by direct debit from your bank account or by any other reasonable method we direct from time to time. You request and authorise us to arrange Ezidebit to debit to your nominated bank account any amount due by you under this Contract. The amount of each payment may include any applicable direct debit fees, taxes or charges relating to the payment method.
• 10.3. If your direct debit is dishonoured: - (a) that payment will not be considered as having been made; and - (b) any applicable fees and charges specified in the Financial Table will become due and owing and can be debited to your Account from the date that the direct debit was attempted; and - (c) interest will continue to accrue on the outstanding balance of your Account until actual payment is received by us.
• 10.4. If any payment is due on a day which is not a business day, the payment must be made on or before the next business day.
• 10.5. Payments will be credited to your loan account only when actually received by us. All payments must be made in full when they fall due, without setting off any amounts you believe we owe you, and without counterclaiming any amounts from us.
• 10.6. We can apply any payment or other credit, including a repayment, to any amount you owe to us in any order we determine.
• 10.7. Payments can only be made in Australia and in Australian dollars.
• 10.8. If you have more than one account with us, and you make a payment without telling us in writing how the payment is to be applied, we can apply to it to any one or more of the accounts in any way we think fit.
• 10.9. If any of your accounts with us are in arrears or default while one or more of your other accounts with us have funds available to be drawn, you request and authorise us to appropriate from any one or more of those accounts to pay some or all of your arrears. We are not obliged to do this.
• 10.10. You agree and consent to receiving a repayment reminder by SMS and/or email before your repayment is due to be debited. You also agree and consent to receiving a notification by SMS and/or email if your direct debit is dishonoured. You acknowledge that these notification(s) are for your convenience only for the purpose of managing your loan account and do not amount to a contact by us for the purpose of collection of repayments.

11. Default

• 11.1. Your Account will be in default if any of the following events occur:
  • (a) you do not pay any amount due under this Contract by the due date;
  • (b) you become bankrupt, enter into a Part IX agreement pursuant to the provisions of the Bankruptcy Act 1966 (Cth), or become subject to any similar arrangement under any law;
  • (c) we discover that any information provided by you in support of your credit is materially incorrect or misleading and is such that we would not have entered into this Contract if we had known the correct information;
  • (d) you use the Freestyle Card for a purpose not approved by us;
  • (e) you use the Freestyle Card for an illegal or improper purpose, or to finance an illegal or improper activity;
  • (f) we reasonably believe that we were induced by fraud to enter into this Contract.
• 11.2. Subject to clauses 11.3 and 11.4 and subject to any other requirement at law, at any time after you default, we can:
  • (a) demand and require immediate payment of any money due under this Contract;
  • (b) cancel the Freestyle Card and require payment of the total amount owing under this Contract; and
  • (c) exercise any right, power or privilege conferred by law or this Contract.
• 11.3. We will only act on a default other than a default under clause 11.1(a) if the default by its nature is material, or we reasonably consider that the default has had or may have a material impact on:
  • (a) your ability to meet your financial obligations to us (or our ability to assess this); or
  • (b) our legal or reputational risk where an event in clause 11.1(c) or 11.1(d) occurs.
• 11.4. We will not require you to repay the total amount owing under this Contract or take enforcement action against you unless:
  • (a) we have given you at least 30 days written notice of the default;
  • (b) if the default is remediable, you have not remedied that default; and
  • (c) no default of the same type has arisen during that period.
• 11.5. If you do not pay the minimum repayment for a statement period by the due date, we may elect not to provide any further credit to you until your Account is brought up to date and you satisfy any other requirements we reasonably impose.
• 11.6. We can take action even if we do not do so promptly after the default occurs. We do not lose any rights or forgive any defaults unless we do so in writing.
• 11.7. We are not liable for any loss caused by the exercise, attempted exercise, failure to exercise, or delay in exercising any of our rights or remedies, except where such loss arises from the mistake, fraud, negligence or wilful misconduct of us, our employees, our agents or a receiver we appoint.

12. Keeping your contact details up to date

• 12.1. You must notify us as soon as possible if any of the information provided by you changes.
• 12.2. We will not be responsible if you do not receive any notice or correspondence that has been sent in accordance with the contact details you have provided.
• 12.3. We accept no responsibility or liability for late, lost or misdirected SMS messages or emails caused by inaccurate provision of personal details by you, or by system constraints or failures experienced by your email or mobile phone service providers.

13. Enforcement expenses

• 13.1. Enforcement expenses may become payable if you default under or breach this Contract. We may debit your Account with our enforcement expenses and any other costs in connection with any exercise or non-exercise of rights arising from any breach of or default under this Contract when we incur them, including:
  • (a) legal costs and expenses on a full indemnity basis or solicitor and own client basis, whichever is higher; and
  • (b) our internal costs
• 13.2. We may then either require you to pay these costs immediately (including by using any direct debit or similar authority you have given us), collect them with your regular repayments, or require them to be repaid by one or more repayments.
• 13.3. Enforcement expenses payable by you will not exceed our reasonable enforcement costs (including internal costs). You indemnify us from and against any expense, loss, loss of profit, damage, or liability which we incur as a consequence of a default occurring, except where such loss arises from the mistake, fraud, negligence or wilful misconduct of us, our employees, our agent or a receiver we appoint, or is otherwise recovered by us.

14. Security

• 14.1. You must make sure that you keep the Freestyle Card, Identifiers and any Pass Code safe and secure.
• 14.2. You must ensure that any security details required to access your Device is not easily guessed.
• 14.3. When using the Freestyle Card, you should:
  • (a) prevent anyone else seeing you enter your PIN into an EFTPOS terminal;
  • (b) always lock your Device;
  • (c) assign a Device Passcode to unlock your Device;
  • (d) not share your Device Passcode with anyone;
  • (e) not store anyone else’s Biometric Identifier within your Device; and
  • (f) remove any other registered Biometric Identifier which is not your own from your Device.
• 14.4. You must not:
  • (a) allow anyone else to use the Freestyle Card;
  • (b) unnecessarily disclose the Freestyle Card number to anyone;
  • (c) carry your PIN with your Device;
  • (d) record your PIN on anything carried with the Freestyle Card or your Device, or liable to loss or theft simultaneously with the Freestyle Card or your Device, unless you make a reasonable attempt to protect the security of your PIN;
  • (e) share your PIN with anyone, including a family member or friend; or
  • (f) lend your Device to anyone or leave your Device unattended.

15. Breach of security

• 15.1. If you know or have reason to suspect that your Device or Freestyle Card information has been lost, stolen or damaged, likely to be misused, or you have reason to suspect that someone else may know your Pass Code(s) or Identifiers, you must immediately notify us on 1300 669 059. We may then suspend or cancel your Freestyle Card to restrict further use.
• 15.2. You may be required to confirm details of the loss, theft or misuse in writing and to provide particular information in the confirmation when reporting the loss, theft or misuse to us.
• 15.3. You must examine statements of account for your Account to identify and report any Unauthorised Transactions as soon as possible

16. Liability for Unauthorised Transactions

• 16.1. Your liability for losses arising from Unauthorised Transactions will be determined under the ePayments Code.

17. Liability for Unauthorised Transactions

• 17.1. You will not be liable for losses resulting from Unauthorised Transactions where it is clear that you have not contributed to the loss.
• 17.2. You will not be liable for losses resulting from Unauthorised Transactions that are caused by:
  • (a) fraud or negligence by our employees or agents, a third party involved in networking arrangements, or a merchant or their employee or agent;
  • (b) a Freestyle Card, Identifier or Pass Code which is forged, faulty, expired or cancelled;
  • (c) a transaction requiring the use of a Freestyle Card and/or Pass Code that occurred before you have received the Freestyle Card and/or Pass Code (including a re-issued Freestyle Card and/or Pass Code);
  • (d) a transaction being incorrectly debited to your Freestyle Card more than once; or
  • (e) an Unauthorised Transaction performed after you have informed us that your Device or Freestyle Card information has been misused, lost or stolen, or the security of a Pass Code has been breached.
• 17.3. You are not liable for loss arising from Unauthorised Transactions that can be made using an Identifier without the Freestyle Card or a PIN. Where a transaction can be made using the Freestyle Card, or a Freestyle Card and an Identifier, but does not require a PIN, you are liable only if you unreasonably delay reporting the loss or theft of your Device or Freestyle Card information to us.

18. When you are liable

• 18.1. 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 by breaching clauses 7, 14 or 15. In those circumstances, you are liable in full for the actual losses that occur before the loss, theft or misuse of your Device or Freestyle Card information or breach of Pass Code security is reported to us but:
  • (a) you are not liable for the portion of losses incurred on any one day in excess of any applicable daily transaction limit;
  • (b) you are not liable for the portion of losses incurred in any period in excess of any applicable periodic transaction limit; and
  • (c) you are not liable for the portion of losses that exceeds the Available Balance; and
  • (d) 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 Freestyle Card or Identifier and/or Pass Code used to perform the transaction.
• 18.2. 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 your Device or Freestyle Card information, or that the security of your Pass Code(s) has been breached. In those circumstances, you are liable in full for the actual losses that occur between when you become or should reasonably have become aware, but:
  • (a) you are not liable for the portion of losses incurred on any one day in excess of any applicable daily transaction limit;
  • (b) you are not liable for the portion of losses incurred in any period in excess of any applicable periodic transaction limit;
  • (c) you are not liable for the portion of losses that exceeds the Available Balance; and
  • (d) 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 Freestyle Card or Identifier and/or Pass Code used to perform the transaction.
• 18.3. If a Pass Code was required to perform an Unauthorised Transaction not already covered above, you will be liable for the least of:
  • (a) $150;
  • (b) the Available Balance; or
  • (c) the actual loss at the time that the misuse, loss or theft of your Device Freestyle Card information or breach of Pass Code 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.
• 18.4. 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 Mastercard Scheme Rules, at the time of the report, against other parties to the Mastercard scheme (for example, chargeback rights).

19. Chargebacks

• 19.1. 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.
• 19.2. A chargeback is a right under the Mastercard Scheme Rules which allows a transaction to be effectively reversed by us debiting an amount to the merchant’s financial institution and crediting that amount back to the Available Balance of your Account. We can only process chargebacks if the Mastercard Scheme Rules allow us to.
• 19.3. If you believe that you are entitled to a chargeback, you must notify us as soon as possible by contacting us on 1300 669 059.
• 19.4. The Mastercard Scheme Rules impose time limits for initiating chargebacks. The time limit is generally 90 days from the date of the disputed transaction.
• 19.5. 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 the chargeback has already been processed, we may reverse it.
• 19.6. If we process a chargeback, the merchant may have rights under the Mastercard Scheme Rules to have the transaction investigated further, and this may result in the chargeback being reversed in some circumstances (which means the original transaction might be reinstated by being debited to the Available Balance of your Account).

20. Statements of account and transaction history

• 20.1. We will send you a statement of account each month or fortnight (depending on your repayment cycle) when there are any transactions on your Account or a balance outstanding on your Account. In all cases, we will send you a statement of account at least every six months.
• 20.2. You consent to receiving electronic statements of account for your Account. Electronic statements of accounts for your Account which show transactions made using the Freestyle Card and the Available Balance of your Account are available in our Members Area on our website and through the MoneyMe app.
• 20.3. You can withdraw your consent to receiving electronic statements of account, and request paper statements of account, at any time.
• 20.4. If you notice any error (or possible error) relating to your Freestyle Card in any statement of account or in the MoneyMe app, you must notify us immediately. We may require you to provide additional written information concerning any error (or possible error).
• 20.5. It is your responsibility to regularly review your transaction history and statements of account for your Account to identify Unauthorised Transactions.

21. Freestyle Card expiry

• 21.1. The Freestyle Card is valid until the expiry date shown on it, unless it is cancelled before then.
• 21.2. Your Freestyle Card cannot be used after it expires. Once your Freestyle Card expires, you cannot access the Available Balance of your Account unless a replacement Freestyle Card is issued to you.

22. Cancellation or suspension of your Freestyle Card

• 22.1. You may ask for your Freestyle Card to be cancelled at any time. If you ask for your Freestyle Card to be cancelled, you must not use the cancelled Freestyle Card.
• 22.2. We may suspend or cancel your Freestyle Card at any time. We will give you notice of the suspension or cancellation of your Freestyle Card either before or promptly after the suspension or cancellation. We may not give you prior notice in some cases, such as if we suspend or cancel your Freestyle Card because:
  • (a) we believe that use of the Freestyle Card may cause loss to you or to us;
  • (b) we believe that suspension or cancellation is required for security purposes;
  • (c) you breach any material condition of this Contract; or
  • (d) we suspect that the Freestyle Card or your Account has been used illegally.
• 22.3. If we cancel or suspend your Freestyle Card under this clause 22, you must continue paying the minimum repayment amount shown on each statement of account issued after the cancellation or suspension. Interest, fees and charges will continue to be charged to your Account until you repay the total amount owing under this Contract.
• 22.4. You indemnify us against any loss or damage you sustain as a result of your Freestyle Card being cancelled or suspended.

23. Terminating this Contract and closing your Account

• 23.1. You may terminate this Contract and close your Account at any time by giving us notice in writing. We will take reasonable steps to give effect to your request as soon as practicable.
• 23.2. Before we terminate this Contract and close your Account, you must repay the outstanding balance (if any) of your Account plus any interest and fees and charges owing but not yet debited. Your obligations under this Contract will continue, and interest, fees and charges, and our reasonable enforcement expenses will continue to be chargeable, until the outstanding balance of your Account is reduced to zero.
• 23.3. You will continue to be responsible for any transactions made before we fully process the termination of this Contract and close your Account.

24. Replacement Freestyle Cards

• 24.1. A replacement Freestyle Card may be issued to you after you notify us that your Device or Freestyle Card information is misused, lost or stolen and the Freestyle Card has been cancelled. We may also issue you with a replacement Freestyle Card if requested by you at any time after your Freestyle Card expires and provided you have registered your details with us, including your name and Australian address.
• 24.2. You will need to register and activate the new Freestyle Card through the MoneyMe app and add your Freestyle Card to your Device Wallet. The use of any replacement Freestyle Card is subject to these Terms and Conditions.
• 24.3. We reserve the right not to issue a replacement Freestyle Card to you, in which case you will not be able to use the Freestyle Card as a means to access the Available Balance of your Account.

25. Liabilities and disclaimers

• 25.1. We are not liable:
  • (a) if, through no fault of our own, the Available Balance of your Account is not sufficient to cover a transaction;
  • (b) if, through no fault of our own, an EFTPOS terminal or system does not work properly;
  • (c) if circumstances beyond our control prevent a transaction, despite any reasonable precautions having been taken by us;
  • (d) for any loss resulting from any failure due to events outside our reasonable control;
  • (e) for any loss resulting from any system failure or industrial dispute outside our reasonable control;
  • (f) for any industrial dispute;
  • (g) for the way in which any merchant refuses to accept the Freestyle Card;
  • (h) for any indirect, special or consequential losses;
  • (i) for any infringement by you of any currency laws in the country where the Freestyle Card is issued or used;
  • (j) for any dispute between you and the merchant of any goods or services purchased with the Freestyle Card;
  • (k) for our taking any action required by any government, federal or state law or regulation or court order; or
  • (l) for anything specifically excluded or limited elsewhere in these Terms and Conditions.
• 25.2. However:
  • (a) your liability for Unauthorised Transactions will be determined according to the ePayments Code; and
  • (b) we will not avoid any obligation to you under the ePayments Code on the basis that another party to a shared electronic payments network (to which we are also a party) has caused the failure to meet the obligation.
• 25.3. In any event, our liability will not exceed the amount of the Available Balance except in relation to:
  • (a) Unauthorised Transactions; and
  • (b) consequential losses arising from a malfunction of a system or equipment provided by any party to a shared electronic network (unless you should reasonably have been aware that the system or equipment was unavailable or malfunctioning, in which case our liability is limited to correcting any errors and refunding any fees or charges imposed on you).
• 25.4. If any warranties are implied by law in respect of services supplied under this Contract which cannot be excluded, to the maximum extent allowed by the law, and at our option, our liability is limited to:
  • (a) the re-supply of the information or services to you (including the correction of any errors in your Account); or
  • (b) payment of the cost of having the information or services re-supplied to you.
• 25.5. We do not make or give any express or implied warranty or representation in connection with the Freestyle Card (including quality or standard or fitness for any purpose) other than as set out in these Terms and Conditions or when the warranty or representation is imposed or required by law and cannot be excluded.

26. nti-money laundering and counter terrorism financing obligations

• 26.1. Before your Freestyle Card is activated, you must comply with our customer identification procedures.
• 26.2. On request by us, you must provide us with any information we require about you or anyone authorised to operate your Account. We may be prohibited from offering services or entering into or conducting transactions with you if you do not provide this information.

27. Privacy and information collection

• 27.1. By applying for and using the Freestyle Card, you consent to us collecting, using and disclosing your personal information in accordance with our Privacy Policy and this clause 27.
• 27.2. We may exchange information with Pays Providers:
  • (a) to enable the use of the Freestyle Card with the Device Wallet and to improve and promote the Pays Providers generally; and
  • (b) to detect and address suspected security breaches or fraud.
• 27.3. Information will be disclosed to third parties about the Freestyle Card, or transactions made with the Freestyle Card, whenever allowed by law and when necessary:
  • (a) for completing a transaction;
  • (b) in order to verify the existence and condition of a Freestyle Card;
  • (c) to utilise services of affiliates who assist us in providing the Freestyle Card;
  • (d) if you give us permission;
  • (e) if you owe us money;
  • (f) if there are legal proceedings or a complaint in connection with the Freestyle Card; or
  • (g) to protect against potential fraud and other crimes.
• 27.4. Our Privacy Policy sets out how you can access and correct information we hold about you, how you can complain about a breach by us of your privacy rights, and how your complaint will be handled. Our Privacy Policy is available at https://www.moneyme.com.au/privacy-policy
• 27.5. If you have any questions, comments or complaints about your personal information, or if you wish to correct the personal information we hold about you, please contact MoneyMe’s Privacy Officer at:

Phone: 1300 669 059
Email: privacy@moneyme.com

28. Privacy and information collection

• This clause 28 applies if you agreed to provide us with viewing access to one or more of your bank accounts.
• 28.1. You confirm that you have provided true, accurate, current and complete information about yourself and your bank accounts (with us or third parties) and you have not misrepresented your identity or your account information.
• 28.2. We may access your bank account transaction information at any time during the term of your Account. When we access your bank account transaction information, we will access your bank account transaction information going back for a period of at least 90 days from the date of access (Transaction History) using the services of Proviso Data Pty Limited trading as Proviso Data (Proviso).
• 28.3. We may use your Transaction History to assess your creditworthiness, whether an Account or Freestyle Card is suitable for you, for ongoing account management (including verification of account information), and if you are in default.
• 28.4. By agreeing to provide us with viewing access to your Transaction History, you authorise Proviso and Proviso's service providers to access third party sites designated by you, on your behalf, to retrieve information requested by us, and to register to view bank statements.
• 28.5. Proviso and Proviso's service providers may, and are instructed by you as your agent and nominated representative, to access third party internet sites, servers or documents, retrieve information, and use your information with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities.
• 28.6. Your Transaction History will also be used by Proviso for credit reporting body purposes and may be taken into account when producing your individual credit score, which may be shared with other organisations as part of your credit record.
• 28.7. When we, Proviso or Proviso's service providers access and retrieve information and Transaction History from third party sites, this is undertaken as your agent, and not the agent on behalf of any third party (including the bank account provider). Third party account providers will be entitled to rely on this authorisation and agency granted by you. This service is not endorsed or sponsored by any third party bank account providers.
• 28.8. Allowing us to review your Transaction History is at your sole risk. We are only able to review your Transaction History on an "as is" and "as available basis" as it is made available to us by service providers. It may not be available to us from time to time.

29. Communications

• 29.1. Subject to any applicable laws, any notice or other document in connection with this Contract may be served or given to you by:
  • (a) sending the notice, information or post to your residential address provided in your application form or as notified by you to us from time to time;
  • (b) email to your email address provided in your application form or as notified by you to us from time to time;
  • (c) personally whether at your address, our address or any other place;
  • (d) SMS or other means of electronic communication; or
  • (e) in any other way authorised by law.
• 29.2. We may also give written notices, information or other communications to you by electronic communication to notify you that the notice, information or communication is available on our website.
• 29.3. You may vary your nominated email address by notifying us through the Website and satisfying us of your identity.

30. Changes we can make to this Contract

• 30.1. Acting reasonably, we may change or vary any term of this Contract:
  • (a) in relation to the Freestyle Card or your Account, including interest rates, fees and charges, and transaction limits;(b) that deals with the day you make repayments or we debit interest to your Account;
  • (b) that deals with the day you make repayments or we debit interest to your Account;
  • (c) to accommodate a change in law or market practice;
  • (d) to accommodate a change in technology or other ways of communication;
  • (e) to accommodate a change in payment methods; or
  • (f) to make any other reasonable change.
• 30.2. You will be notified in accordance with applicable laws on or before the day the change takes effect either in writing or by advertisement in a major newspaper or by electronic means. If notified by newspaper, the change will also be confirmed in your next statement of account. You may not be notified of changes which reduce your obligations. Any variation will take effect from the date specified in the notice of change we give you. If any law (including the National Credit Code) or code applies to your loan and requires us to give you a minimum notice period before a variation takes effect, we will give you at least that minimum period of notice. We will endeavour to give you reasonable notice but we reserve the right to make immediate changes to interest rates.
• 30.3. Changes necessitated by an immediate need to restore or maintain the security of the system in which the Freestyle Card is used can be made subject to the law and the ePayments Code without prior notice.
• 30.4. If you are not satisfied with any change or variation to this Contract, you may terminate this Contract and close your Account in accordance with clause 23. We will not charge you any fees for terminating this Contract and closing your Account.

31. Problems, complaints and/or disputes

• 31.1. If you have a complaint about our services or the Freestyle Card or wish to dispute a transaction on your Account, please contact our dispute resolution officer directly at:

Email: complaints@moneyme.com.au
Phone: 1300 669 059

• 31.2. We will acknowledge your complaint within two business days, and will aim to provide you with a solution within five business days. We ask that you provide as much information as possible to assist us in a quick resolution of your complaint.
• 31.3. If the matter is more complex, it may take a longer time to resolve. We’ll aim to resolve your complaint within 45 business days at the absolute most. In such cases, we’ll ensure we keep you informed of the progress of the matter.
• 31.4. If an Unauthorised Transaction occurs on your Freestyle Card, we will seek to reverse the transaction if we can do so under the Mastercard Scheme Rules.
• 31.5. If we are unable to resolve your complaint to your satisfaction within 45 days or you are not satisfied with our resolution, you may escalate the complaint to the Australian Financial Complaints Authority (AFCA). AFCA provides fair and independent financial services complaint resolution that is free to consumers.
• 31.6. AFCA can be contacted at:

Mail: GPO Box 3, Melbourne VIC 3001
Phone: 1800 931 678 (free call)
Website: www.afca.org.au
Email: info@afca.org.au

32. Provisions in this Contract

• 32.1. If any of the provisions of this Contract are illegal or become illegal at any time, the affected provisions will cease to have effect, but the balance of this Contract will remain in full force and effect, and we may by notice vary this Contract so that the provision is no longer illegal.
• 32.2. To the extent that this Contract is regulated under consumer legislation (for example, the National Credit Code) or any other law, any provisions in this Contract which do not comply with that law have no effect, and to the extent necessary, this Contract is to be read so that it does not impose obligations prohibited by that law.

33. Assignment

• 33.1. We may assign, novate or otherwise deal with our rights and obligations under this Contract and any document or agreement entered into or provided under or in connection with this Contract in any way we wish. We may disclose information about you or this Contract to anybody involved in an actual or proposed assignment, novation or dealing by us with our rights under this Contract.
• 33.2. Any dealing with our rights does not change your obligations under this Contract in any way. You cannot assign, novate or otherwise deal with your rights or obligations under this Contract and any document or agreement entered into or provided under or in connection this Contract.

34. Waiver

• No waiver of our rights, powers or privileges under this Contract is effective unless made in writing. We may exercise all of its rights at any time and more than once.

35. Governing law

• This Contract is governed by and interpreted in accordance with the law for the time being in force in the place shown as your address in this Contract.

36. Definitions

• In this Contract, the following words are defined as follows.
  • (a) Account means the Freestyle – The Virtual Credit Account opened in your name to record transactions.
  • (b) Available Balance means the amount recorded by us within your Account which is available for transactions.
  • (c) Biometric Identifier means a fingerprint, faceprint or any other similar biometric identifier.
  • (d) Contract means the contract which incorporates these Terms and Conditions and includes any variations of that contract.
  • (e) Credit Limit means the amount specified in the Financial Table.
  • (f) 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.
  • (g) Device Passcode means anything used to unlock and access a Device, including, but not limited to, a password, numerical code, pattern or Biometric Identifier.
  • (h) Device Wallet means the Apple Pay, Google Pay or Samsung Pay mobile applications that store the Card on a compatible phone or wearable device.
  • (i) Disclosure Date means the date specified in this Contract.
  • (j) EFTPOS means electronic funds transfer at point of sale
  • (k) Freestyle Card means the virtual card issued to you to transact on your Account.
  • (l) Identifiers means information that you know but are not required to keep secret and which you must provide to perform a transaction (for example, the number of a Freestyle Card).
  • (m) Pass Code means a password or code that we may require to authenticate your identity or a transaction, such as your PIN.
  • (n) Pays Providers means the mobile payment and Device Wallet service created by Apple, Google and Samsung Pay respectively.
  • (o) PIN means the four-digit personal identification number which we issue to you to access some of the Freestyle Card services.
  • (p) Unauthorised Transactions means such as a transaction not authorised by you, but does not include any transaction carried out by you or by anyone performing the transaction with your knowledge and consent.