Contents
- About
- Meaning of words
- The Financial Wallet Account
- Eligibility
- Using your Financial Wallet Account
5.1 Depositing value to your Account
5.2 Limits
5.3 Account transactions
5.4 Restrictions on use
- Fees
- Security
- Responsibility for mistaken or unauthorised transactions
8.1 Mistaken payment
- Lost, stolen, or compromised PIN/Passcode
- Transaction history
- Account cancellation by Us
- How to close your Account
- How we can communicate with each other (notices)
- Limits and responsibility
- Feedback and resolving complaints
- Anti-money laundering and counter-terrorism financing
- Privacy
- Changes to these terms
- Governing Law
1. About
These Terms and Conditions (Terms) are our agreement with you about the use of your Financial Wallet Account (Account). If you commence using the Account, you will be deemed to have read, understood, and accept these Terms in relation to the Account. It is called acceptance by conduct. It does not require your signature to be binding.
It is important that you understand these Terms because they set out our agreement on what will happen with things like how we use your information, security, fees and charges and limits.
Please also carefully read the Product Disclosure Statement (PDS) you were provided with when you applied for the Financial Wallet Account as these Terms form part of the PDS and together form our agreement with you for use of the Account.
You should also read through the Target Market Determination (TMD) and Financial Services Guide (FSG) made available to you before applying for the Account as together these form Hay’s agreement with you for the issuing and use of these products.
You can find the PDS, TMD and FSG at https://www.banktech.com.au and/or the App that 3P Card Services may provide to you.
If you need further assistance or if you don’t understand any items in these documents, 3P Card Services can be reached at:
Mail: Level 4, 113 Wicks Road, Macquarie Park, NSW 2113
Email: operations@banktech.com.au
Website: https:/www.banktech.com.au
2. Meaning of words
In these Terms, words that commence with a capital letter have the following meaning:
Accountholder means the person in whose name a digital Financial Wallet Account is held.
Available Balance means the dollar value (in AUD) that is available in your Financial Wallet Account at a particular point in time which you can view by using the Digital Wallet Provider’s website and/or App, and which you can utilise.
Financial Wallet Account means the digital account issued and held by Hay to which the Accountholder can deposit funds to, and withdraw funds from
Digital Wallet Provider means 3P Card Services Pty Ltd (ABN 88 125 365 086, Address: Level 4, 113 Wicks Road, Macquarie Park, NSW 2113)
Digital Wallet Provider Website or App means the application that operates and supports the Financial Wallet Account.
Freeze means a status the Digital Wallet Provider or Hay has applied to suspend or block account transactions.
Device means any equipment (electronic or otherwise) or artefact designed to be used to access your Financial Wallet Account.
Disputed Transaction means a Financial Wallet Account transaction that the Accountholder is claiming is illegitimate in some way. For the Financial Wallet Account, the process to lodge and assess this claim is established by NPP and DE.
Direct Entry means DE. The direct entry system is a means of making electronic payments by consumers and businesses to initiate Pay Anyone transactions using internet banking applications.
Block an Account means an action initiated by us or by an Accountholder which results in all existing and future transactions on the Account being suspended pending investigation and or instructions to Unfreeze.
Hay means Hay Limited ABN 34 629 037 403 Australian Financial Services Licence No. 515459 (also referred to as we or us).
Hay Representative means an individual paid by Hay Limited to provide customer service for the Financial Wallet Account.
Issuer means Hay Limited ABN 34 629 037 403 Australian Financial Services Licence No. 515459 as the Issuer of the Financial Wallet Account.
NPP means the New Payments Platform. ‘NPP Payment’ means a payment cleared and settled via the NPP.
Non-Cash Payment product (NCP) means the Financial Wallet Account
Passcode means the passcode you nominate to protect access to the Digital Wallet Provider’s website and/or App
Pay Anyone means a payment from your Financial Wallet Account to another person’s account with an Australian Financial Institution by using the BSB and account number of the person to whom you are making the payment.
Purchase Transaction means a purchase transaction of goods and or services through your Financial Wallet Account.
Terms and Conditions means the detail and rules that apply to the opening, fulfilment and use the Financial Wallet Account, as set out in this document. They are an essential part of a contract between the Accountholder and Hay Limited as the issuer of the Financial Wallet Account.
Unauthorised Transactions means a transaction which you haven’t authorised, and which has been made without your knowledge and consent.
Unfreeze means an action the Digital Wallet Provider or Hay can execute to reinstate an Account for use by a Financial Wallet Accountholder.
Unblock an Account means the releasing of the Freeze either at a conclusion of an investigation by us or on instructions of the Accountholder.
We, us, our means Hay or Hay Limited.
You means you as the Accountholder of the Financial Wallet Account.
3. The Financial Wallet
Hay is the issuer of the Financial Wallet Account.
This financial product issued by Hay is a non-cash payment product.
- The Account is a digital transaction account (which is not a bank account). This Account is part of a website (and/or an App) provided by 3P Card Services Pty Ltd to you and will include a gaming wallet.
- Once the Digital Wallet provider (3P Card Services) approves your application (that you can make via 3P’s website banktech.com.au or an App that will be provided to you) after conducting their Know Your Customer checks, you will receive the Account details (i.e. your BSB and account number).
- You can deposit funds (or receive funds from anyone else) into your Account using the BSB and Account number that has been provided to you.
- Once you have deposited funds into the Account, you can
- Transfer the funds into a gaming wallet which is part of the Digital Wallet (provided by 3P Card Services Pty Ltd) and use the funds towards gaming activities at select gaming machines at specified ALH (Australian Leisure and Hospitality Group Pty Ltd (ACN 133 770 162) locations.
- Transfer the funds back to other bank accounts from your Account via the Digital Wallet.
- Receive funds from the proceeds of gaming activities, from your gaming wallet. Note that the gaming wallet is managed by ALH (Australian Leisure and Hospitality Pty Ltd) and is not issued or managed by Hay Limited – please visit https://www.banktech.com.au for more details on the gaming wallet.
- In all instances, you can only access the Available Balance in the Account.
- The Account does not offer an overdraft facility and cannot have a negative balance but if it does, any such balance becomes immediately due and payable.
- Your Account is not a bank account, and no interest will be payable on the Available Balance.
4. Eligibility
You will need to satisfy specific eligibility criteria to open and maintain this product. To qualify, the Retail Individual must:
- Be an individual person; and
- Have a valid Australian residential address; and
- Be aged 18 years or older; and
- Pass any Know Your customer checks that the Digital Wallet Provider (3P Card Services Pty Ltd) may conduct.
5. Using your Financial Wallet Account
5.1 Depositing value to your Account
At any time, you or someone on your behalf can deposit funds to your Account from another account using your BSB and Account number (typically this will be through a funds transfer from the banking app of another institution in Australia).
If we add new ways to deposit funds into your Account in the future, we will publish these on the Digital Wallet Provider’s website and/or App. We encourage you to check these from time to time for this and other important information.
Payments to your Account will be credited to your Account and will result in an increase to your Available Balance when they have cleared.
There are default limits that apply to the Financial Wallet Account.
| Default limits (in Australian dollars) | |
| Maximum balance that can be held in the Account | $ 15,000 |
| Minimum balance that can be held in the Account | $ 0 |
| Maximum deposit per day (rolling 24 hours) | $ 10,000 |
| Maximum ATM cash out per day | Not Applicable |
| Maximum transfer limit out of the Account per day (via NPP/Direct Entry) | $10,000 |
| Maximum transfer limit out of the Account per day (via BPay) | Not Applicable |
At any time, we can adjust the limits to protect your interests or ours and if we decide to adjust the limits, we will inform you of these changes through the Digital Wallet Provider’s website and/or App. Unless it is for security or financial integrity reasons, we will inform you of any changes to the limits in advance no less than 10 Business Days before the change takes place.
You can find the actual limits that apply to your Account within the Digital Wallet Provider’s website and/or App.
You can make Pay Anyone payments from your Account. It is solely your responsibility to ensure that you enter the correct BSB and account information when authorising internet payments from your Account.
Where you enter the wrong information:
- funds may be credited to the account of an unintended recipient if the BSB number and / or identifier do not belong to the person you name as the recipient; and
- it may not be possible to recover funds from an unintended recipient.
We do not allow negative balances in your Account. If you do not have sufficient balance in your Account, any negative balance becomes immediately due and payable. It is your obligation to ensure that you have sufficient Available Balance to complete all transactions on your account.
You must not use your Account for any illegal purpose including purchasing anything that is illegal under Australian law.
If we suspect that the Account is being used for illegal activity, we will suspend your Account without notice to you.
You must not allow any other person to use your Account. Doing so is a breach of these Terms and entitles us to Freeze your Account. You will also not be able to reclaim any Unauthorised Transactions because you allowed someone else to use your Account. You can only have one Account at a time.
6. Fees
Current fees and charges that apply to your Account can be found in the PDS available at https://www.banktech.com.au and below.
| Transaction fees | Charged by Hay (expressed in Australian Dollars) |
| Account opening | $0 |
| Account keeping | $0 |
| Overdrawn | $0 |
| Direct debit dishonour | $0 |
| ATM withdrawal | Not Applicable |
| Domestic Transaction | Not Applicable |
| International transactions | Not Applicable |
| Card Replacement Fee | Not Applicable |
| Transaction Dispute fees | |
| Card payments | Not Applicable |
| Non-card payments and transfers | $0
|
We will let you know at least 30 days before a change which increases your liabilities or obligations takes effect, through the Digital Wallet Provider’s website and/or App, to provide you with sufficient time to decide whether you wish to continue to use your Account.
Merchants and financial institutions may also impose fees or surcharges which are separate to the fees and charges we charge as Issuers. We have no control over these third-party fees and cannot challenge these once a transaction is approved by you.
7. Security
It is important that you keep your Account information, PIN or Passcode secure. This means that you must not write down the PIN or the Passcode or share your PIN or Passcode with any other person. You must not, without proper cause, disclose the Account number to any person.
8. Responsibility for mistaken or unauthorised transactions
Where you think a transaction is an Unauthorised Transaction or is otherwise incorrect, please get in touch with the Digital Wallet Provider immediately via the website and/or the App and provide as much information as you can about the relevant transaction so that the Digital Wallet Provider and Hay can investigate further.
There are specific circumstances and time frames where we can claim a refund in connection with a disputed transaction. This means that our ability to investigate a disputed transaction is limited to the time frames imposed by payment service providers that we deal with, so it is important to let us know as soon as possible after you become aware of a disputed transaction.
If you suspect that the security of your Financial Wallet Account has been compromised, please request the Digital Wallet Provider to block your Account to avoid continued unauthorised use.
Where you make a mistake when making a payment, you must inform us as soon as you realise that a mistaken payment was made. You must provide us with sufficient details of the transaction, so we can attempt to trace it. We will try to reverse the transaction and retrieve your funds. However, if we can’t reverse the transaction, we are not responsible, and you will be liable for the mistaken payment.
9. Lost, stolen or compromised PIN/Passcode
You will not be responsible for Unauthorised Transactions:
- where you didn’t contribute to the Unauthorised Transaction.
We may consider that you have contributed to an Unauthorised Transaction where:
- you have not kept your PIN or Passcode reasonably secure; or
- there was an unreasonable delay in reporting any unauthorised or mistaken payments.
10. Transaction history
You can view your transaction history on the Digital Wallet Provider’s website and/or App at any time. We take security very seriously but please regularly check it to make sure there is nothing unusual such as:
- transactions you don’t recognise;
- transactions you didn’t authorise;
- transactions where you never received the relevant goods or services;
- you think a transaction may have been duplicated.
11. Account cancellation by Us
We may Freeze or cancel the Account where we have concerns about its security and or for the purpose of protecting your Available Balance where we suspect the Account has been compromised.
If we become aware that you haven’t done what you’ve agreed to do as set out in these Terms we may suspend or cancel your Account. If this happens, we will let you know as soon as possible and refund any Available Balance to you, except where there is no Available Balance and your Account is overdrawn, upon the occurrence of which the overdrawn amount becomes immediately due and payable and Hay’s right to payment of the overdrawn amount from you is assigned to the Digital Wallet Provider and for the purpose of the Digital Wallet Provider’s legitimate business interests, you agree to do all things necessary to perfect the assignment of rights.
12. How to close your Account
You can request to close your Account at any time via the Digital Wallet Provider’s website and/or App. We will close the Account once the Account balance has been reduced to zero and after all payments and transactions undertaken by you are settled.
If there are any outstanding balances, You must also pay to us all these outstanding amounts including any deficit balance, unpaid fees and charges prior to us closing the Account.
13. How we can communicate with each other (notices)
You can contact us via the Digital Wallet provider’s website and/or App, or using our details as set out in these Terms.
We may give you any information, notices or other documents related to the Account by:
- notification (including a push notification) or message sent to you or your device through the Digital Wallet Provider’s website and/or App;
- by email to the email address recorded for you in the Digital Wallet Provider’s website and /or App;
- by letter to the address recorded for you in the Digital Wallet Provider’s website and /or App;
14. Limits and responsibility
Hay is responsible for things that occur that are our fault. This includes things like your Available Balance being incorrectly debited due to our error.
We are not responsible for things outside of our control like;
- delays or interruptions not caused by us;
- transactions not being able to be processed, despite us taking reasonable precautions;
To the extent permitted by law, , the most Hay is responsible for is the maximum value of a transaction processed due to our error or, for other things that Hay may be responsible for, the amount of your Available Balance.
15. Feedback and resolving complaints
If you have a complaint relating to the Account or the financial services we have provided to you, please review the section titled “Feedback and resolving problems and complaints” of the Financial Services Guide.
A complaint is not a transaction dispute in this context. A dispute means a customer challenge to a specific transaction via NPP or DE. A Disputed transaction is defined in Section 2 “Meaning of words”.
Mail: 3P Card Services Pty Ltd
Level 4, 113 Wicks Road, Macquarie Park, NSW 2113
Email: operations@banktech.com.au
Website: https://www.banktech.com.au
Phone: 1300 07 08 09
Please provide a full explanation of your feedback or complaint. The Digital Wallet Provider may request further details from you.
The Digital Wallet Provider and Hay will undertake the following:
- Keep a record of your complaint;
- Acknowledge your complaint within 1 business day;
- Respond within 30 calendar days;
- If we cannot complete our investigation within 30 calendar days, we will let you know why before the 30 calendar days lapse.
If you are unable to resolve your issue with the Digital Wallet Provider directly, you can escalate your enquiry to Hay via complaints@hellohay.co. Hay will check with you to make sure you are satisfied with how your complaint was handled.
If we are unable to resolve the matter to your satisfaction, you may refer the complaint to the Australian Financial Complaints Authority (AFCA). AFCA provides fair and independent financial services complaint resolution that is free to consumers. It’s important you raise your concerns with us first before going to AFCA, as AFCA will generally encourage this before they will investigate.
The contact details for AFCA are:
Mail: GPO Box 3, Melbourne VIC 3001
Phone: 1800 931 678 (free call)
Email: info@afca.org.au
Website: www.afca.org.au
16. Anti-money laundering and counter-terrorist financing
As the issuer of the Financial Wallet Account, we must comply with the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth) (AML Act) and its related Regulations. There are several obligations under the AML Act which we must comply with including know your customer and certain reporting obligations. Accordingly, as part of the application process we will require evidence of who you are and where you live. As part of our legal obligations, we will rely on the Digital Wallet Provider to check the information you provide against records maintained by the Australian Government’s Document Verification Service.
You must let us know as soon as possible when any of your details change.
We may need to block, delay, Freeze or refuse transactions or suspend or close your Account where we reasonably consider that a transaction is fraudulent or in breach of the AML Act or where we have concerns regarding your money laundering or terrorism financing risk. We must block the Account until we are able to resolve this. We are not responsible for any loss that arises where this occurs. Where we can, we will let you know why we have stopped the transaction or Frozen the Account. However, in some cases our legal obligations will stop us from being able to tell you and failing to inform you of the reasons will not be a breach by us of these Terms.
17. Privacy
Hay will collect, handle and use your personal information in accordance with the Hay privacy policy available at https://www.hellohay.co/privacy.
The Hay privacy policy contains important information about the purposes for which Hay collect personal information, who the information may be disclosed to (including any overseas disclosures), how you can access and seek correction of the personal information Hay holds about you or how you can make a complaint about the handling of your personal information.
18. Changes to these terms
We can change these Terms at any time by uploading the new Terms to the Digital Wallet Provider’s website and/or App and letting you know about the changes via the Digital Wallet Provider’s website and/or App. If you keep using your Account after the notice of change is posted and the change becomes effective, you will be bound by the amended Terms.
Where we decide to make a material change to these Terms, we will give you at least 30 days’ notice before the change to enable you sufficient time to decide whether you wish to continue to use your Account.
19. Governing law
The laws of New South Wales will govern the Account, and any legal questions concerning this agreement.
