Terms & Conditions.
INCC Payments Mastercard Single Load Card Terms and Conditions
These Terms and Conditions apply to the IN.C.C Payments Mastercard Gift Card (“the Card”). The Card is issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 (EML) pursuant to license by Mastercard Asia/Pacific Pte. Ltd. IN.C.C Payments Pty Ltd ABN 94 623 555 699 (INCC) is an authorized representative of EML and is authorised by EML to arrange for the issue of the card. When we refer to the Pays, we are referring to Apple Pay, Google Pay or Samsung Pay and further, when we refer to a Device, we are referring to a mobile or wearable device that allows you to store or otherwise add a Card to the Device. In these card terms and conditions, we, us or our means EML and INCC; and you, your or user means the cardholder.
Accepting the Card and agreeing to these Conditions of Use
1. By activating, loading the Card into your digital wallet on your Device or using the Card, you agree to be bound by these Terms and Conditions and have a contract with us.
How and where you can use the Card
2. The Card is a Mastercard Pays-enabled prepaid card that can be used for purchasing goods and services where Mastercard prepaid cards (both physical and tokenised) are accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions).
3. The Card must be activated prior to use and at least one (1) week prior to expiry. To activate the Card, you must go through the activation steps outlined in the INCC App.
4. The Card is not a credit card and is not linked to a deposit account with us. Some merchants may choose not to accept Mastercard prepaid cards.
5. The Card is not reloadable. The Card cannot be used to make transactions that exceed the available balance. For such a transaction you need to pay the difference by another method if the Merchant agrees. In the event the available amount on the Card is less than the purchase amount, some Merchants may not allow the Cardholder to combine multiple payment types (such as cash, cheque or another payment card) to complete the Transaction.
6. You must use your PIN to complete transactions over two hundred ($200) dollars.
Validity and Expiry of the Card
7. The Card is valid until the expiry date shown on the back of the Card or on the Card in your digital wallet on your Device and cannot be used after expiry. At expiry, the remaining available balance will be forfeited. We will not give you any notice before this happens.
8. To check expiry date, go to the INCC App or view expiry details on the Card or in your digital wallet.
No cash advances
9. The Card cannot be used to obtain or redeem cash and cannot be used for making direct debit, recurring, or regular instalment payments. Authorisations may be declined at some merchants (such as gambling merchants or merchants who choose not to accept the Card).
10. We are not liable in any way when authorisation is declined for any particular transaction except where the authorisation has been declined because of an act or omission on our part.
Fees
11. We do not charge any fees for using the Card. However, to the extent permitted by law, some merchants may charge you for using the Card and such fees may be deducted from the balance of your Card at the time of the transaction.
12. A 2.99% foreign exchange conversion fee applies to transactions in any currency other than Australian dollars and is calculated on the Australian dollar transaction amount. This will be included in the total transaction amount debited to the Card.
Your Card, your responsibility
13. You are responsible for all transactions on the Card. If you notice any error relating to the Card, you should notify INCC Customer Support immediately by email.
14. You are responsible for checking your transaction history, knowing the available balance and date of expiry for the Card, all of which will be available to you on your Device through the INCC App.
15. Except to the extent required by law, we are not liable for any loss or damage arising out of or in any way related to the use of the Cards, including:
a) if authorisation is declined for any transaction, except where the authorisation has been declined because of an act or omission on our part;
b) reduced levels of service caused by the failure of third-party communications and network providers (except to the extent deemed liable under the ePayments Code); or
c) in relation to tokenised Cards
i. if you have other cards stored on your Device for payment and you inadvertently use the Card when using your Device as a payment method;
ii. for the use, functionality or availability of a Device;
iii. the availability of merchants who allow the use of the Device and Card as payment;
iv. if your Device security measures are compromised, you allow others access to your Device or to otherwise circumvent the security measures of your Device.
16. We are not liable in any way if your Card or Device is lost or stolen, or if funds are misappropriated. If your Card or Device is lost or stolen please visit https://www.incc.com.au/contact-us for further assistance.
17. Our liability for breach of a condition or warranty implied by law and which cannot be excluded is limited to either the resupply of the services or the payment of the cost of having the services supplied again.
Errors and complaints
18. 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 have a problem with your Card, please contact INCC’s Customer Support on hello@incccards.com.au during business hours or alternatively you can send an email to support@emlpayments.com.au.
19. We may restrict or stop the use of the Card if suspicious activities are noticed.
Refunds or exchanges
20. Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.
Queries
21. If you have a query about the Card, you should initially contact INCC by contacting Client Services using the form available at https://www.incc.com.au/contact-us or email hello@incccards.com.au during business hours. If you have a complaint relating to the Card, please contact EML at any of the following:
Phone: 1300 739 889 from 8am – 5pm Monday to Friday (Brisbane time)
Email: support@emlpayments.com.au
Mail: Locked Bag 5, Fortitude Valley BC, 4006
Privacy and confidentiality
22. Information will be disclosed to third parties about the Card, or transactions made with the Card, whenever allowed by law, and also where necessary to operate the Card and process transactions. Our privacy policies can be viewed at https://www.emlpayments.com/privacy and https://www.incc.com.au/legal.
Changes to these Conditions of Use
23. We reserve the right to change these Terms and Conditions at any time. Any changes to the Terms and Conditions can be viewed at https://www.incc.com.au/legal
Terms & Conditions.
INCC RELOADABLE MASTERCARD®.
Effective 1 October 2020
1. Terms and Conditions
1.1 These terms and conditions (Terms and Conditions) describe the terms of your (you, your, user or cardholder) agreement with IN.C.C Payments Pty Ltd ABN 94 623 555 699 (INCC) as it relates to your use of the Mastercard. It is important that you read this document carefully and understand your rights and obligations.
1.2 The INCC Reloadable Mastercard is issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 (EML). INCC is an authorised representative of EML (AFSL 1283787) and is authorised by EML to procure the issue and arrange the distribution of the Mastercard. EML deals with funds loaded onto the Mastercard in accordance with its arrangements with INCC.
1.3 INCC reserves the right to change these Terms and Conditions at any time.
2. Acceptance of these terms
2.1 You signify your acceptance of these Terms and Conditions by acknowledging you have read and accepted them the INCC App. Acceptance of our Terms and Condition’s forms part of the Mastercard activation process that must be completed prior to using your Mastercard.
3. Important Information about the Financial Claims Scheme
3.1 The Financial Claims Scheme is a scheme administered by APRA to protect depositors of authorised deposit-taking institutions from potential loss due to the failure of these institutions.
3.2 The Financial Claims Scheme only applies to deposits. Your Available Balance is not a deposit with INCC or EML. Accordingly, the Financial Claims Scheme does not apply in relation to the Mastercard or your Available Balance in the event of INCC’s or EML’s failure.
3.3 For more information on the Financial Claims Scheme, see APRA’s website at https://www.fcs.gov.au/.
4. Consumer Act Exclusion
4.1 We disclose and you acknowledge that section 99B of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010) does not apply to the Mastercard. This means that the Mastercard does not have to have a minimum expiry date of 3-years from the date it is supplied.
5. Activation
5.1 To activate your Mastercard, cardholders must download the INCC App and enter a nine digit unique identifier located on the rear of their card and the last four digits of their card number. Cardholders will then be prompted to set up their PIN and asked to read and accept these Terms and Conditions
5.2 Your Mastercard has minimum and maximum loads. The minimum load value is $50.00 and the maximum load value is up to $4,999.99. To load funds over $4,999.99 please contact hello@incccards.com.au
5.3 Once activated, the funds loaded onto the Mastercard will be available immediately.
5.4 The Mastercard must be activated prior to use and at least one (1) week prior to its expiry date.
6. Expiry and cancellation
6.1 The Mastercard expires two years after the “EXP” date identified on the Mastercard (Expiry Date).
6.2 After the Expiry Date, the Mastercard:
(a) expires any balance on the Mastercard will be forfeited to INCC; and
(b) will be declined when presented for use.
7. Your PIN
7.1 To make purchases with your Mastercard you may need a PIN. When activating your Mastercard on the INCC App, you will be prompted to choose your own PIN. You can change your PIN via the INCC App at any time.
8. Where you can use your Mastercard
8.1 The Mastercard is a reloadable card where funds can continually added to top up the balance. The reloadable Mastercard card-, can be used for purchasing goods and services where Mastercard is accepted for electronic transactions (excluding transactions at automated teller machines (ATM) or over the counter at financial institutions).
8.2 Some Merchant’s may choose not to accept Mastercard.
8.3 If you have a problem with a purchase, you must contact the Merchant and not INCC. The Merchant’s own policies in respect of refunds or returns will apply.
8.4 The Mastercard cannot be used to obtain or redeem cash, for making direct debits, recurring or regular instalment payments, or to withdraw cash via an ATM. The Mastercard is not a credit facility, is not a credit card, and is not linked to a deposit account held with INCC or EML.
8.5 The Mastercard cannot be used to make transactions that exceed the Available Balance. For such a transaction you need to pay the difference by another method if the Merchant agrees. In the event the Available Balance on the Mastercard is less than the purchase amount, some Merchants may not allow the cardholder to combine multiple payment types (such as cash, cheque or another payment card) to complete the transaction.
8.6 INCC and EML are in no way liable if the Mastercard is declined unless as a result of an unlawful deliberate act or omission by INCC or EML.
9. Checking your transaction history and balance
9.1 You are responsible for checking your transaction history and balance which you can do at any time by logging onto the INCC App. Cardholders will need to enter their email and password to access the INC.C app.
10. Lost, stolen or damaged Mastercard
10.1 The Mastercard is to be treated as if it were cash. If your Mastercard is lost, stolen or damaged, you must lock the Mastercard via the INCC App immediately so that the Mastercard can be disabled.
10.2 We will not reimburse you for any transactions conducted by an unauthorised person prior to you informing us of the Mastercard’s loss. You will be liable for losses resulting from Unauthorised Transactions where we can prove on the balance of probability that you or the User or holder of the Mastercard concerned have contributed to the loss or losses through unreasonably delaying notification of the misuse, loss or theft of the Mastercard, or that liability in this case is limited to losses occurring between the time that you became aware of the Unauthorised Transaction, or should reasonably have become aware in the case of lost or stolen Mastercard.
10.3 You will not be liable for any loss or damage in excess of the Available Balance of the Mastercard.
10.4 Any claim for an apparently fraudulent transaction on the Mastercard must be lodged within 90 days of the date of the disputed transaction. All claims after this date will be denied.
11. Liability
11.1 You are responsible for all fees, fines, penalties and other liability incurred by INCC as a result of or arising from your breach of these Terms and Conditions or your use of the Mastercard. You agree to reimburse and indemnify INCC for such liability and authorise INCC to deduct all fees, fines, penalties or other liability from the funds loaded on your Mastercard. If you do not have sufficient funds on your Mastercard, you acknowledge that INCC may engage in collection efforts (either through itself or a collection agency) to recover such amounts from you and you will be liable for all such costs associated with this on a full indemnity basis (including legal fees on a full indemnity basis).
11.2 To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms and Conditions for failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause. We accept no liability for any failure to authorise a purchase transaction (even if the balance exceeds the purchase amount at the time of the authorisation request) if this results from the application of prudent risk management controls or if the terminal or system was not working properly.
11.3 Our liability for breach of a condition or warranty implied by law and which cannot be excluded is limited to either the resupply of the services or the payment of the cost of having the services supplied again.
12. Fees
12.1 The cost to purchase a reloadable Mastercard is $9 with a monthly fee of $2. Additional costs apply to add your company logo to the card.
12.2 There is no charge to check your balance at any time via the INCC App.
12.3 The cost to replace any lost, stolen or damaged Mastercard (whether physical or virtual) is $15.00 per Mastercard. If the balance on the lost, stolen or damaged Mastercard exceeds $15.00 when you lock the Mastercard from being used, you may order a replacement Mastercard at this cost in which case $15.00 will be charged from the balance of the Mastercard.
12.4 If the Mastercard is used to purchase goods or services in any jurisdiction other than Australia (i.e. overseas transactions), a foreign currency conversion fee of 3% of the value of the transaction will be charged to the Mastercard.
13. Privacy and confidentiality
13.1 We do not disclose personal details except for the purpose of managing and processing the Mastercard as required by law. Information may be disclosed to contractors or third-party service providers who supply administrative, telecommunications, processing or other services in connection with the Mastercard. Those contractors or third-party service providers may be based outside of Australia and you consent and agree that information may be disclosed to those parties for the purpose of managing and processing your Mastercard.
13.2 Our Privacy Policy set 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.
13.3 Our Privacy Policy can be accessed from the INCC Website.
14. Currency
14.1 All amounts referred to in these Terms and Conditions are a reference to Australian Dollars (AUD) unless otherwise provided for.
15. Governing Law
15.1 These Terms and Conditions are governed by the laws of New South Wales and you submit irrevocably and unconditionally to the non-exclusive jurisdiction of the courts of New South Wales.
16. Definitions
In these Terms and Conditions:
Activate means the process of activating the Mastercard in accordance with clause 4.1.
APRA means the Australian Prudential Regulatory Authority.
Available Balance means the unspent value residing on the Mastercard which is available to be spent on goods and services in accordance with these Terms and Conditions.
Card Number means the 16-digit number that appears on the front of the Mastercard.
Expiry Date has the meaning provided to that term in clause 6.1.
CVV means the card verification value. The CVV is the 3-digit number on the rear of the Mastercard and is often required to complete transactions, particularly for online purchases.
Mastercard means:
(a) in clauses 8.1 and 8.2, Mastercard International Incorporated (or another relevant company in the Mastercard group of companies); and
(b) everywhere else, the INCC Reloadable Mastercard (being a reloadable prepaid card) issued to a User from time to time, being a physical card or tokenised card.
INCC has the meaning provided to that term in clause 1.1.
INCC App means the mobile application owned, operated and made available by INCC.
INCC Website means INCC’s website located at www.incc.com.au, as updated and replaced from time to time.
Merchant means any business entity that is authorised to accept the Mastercard for the payment of goods and services.
PIN is your 4-digit number combination known only to you that allows you to access your account information and verify and authorise payments on the Mastercard.
Privacy Policy means our current privacy policy available as available on the INCC Website, as updated and replaced from time to time.
Unauthorised Transaction means a transaction not authorised or not authorised by you, but does not include any transactions carried out by you or by anyone performing the transaction with your express or implied knowledge and consent.
User means the person to whom the Mastercard is given to use
