3P Card and Account Terms and Conditions
Issued by Hay Limited ABN 34 629 037 403
Australian Financial Services Licence No. 515459
Hay® is a registered trademark
Shaype is the trading name for Hay as a Service Pty Ltd
Content
1. About
2. Meaning of words
3. The Omni WALLET Card and Omni WALLET Account
4. Eligibility
5. Anti-Money Laundering and Counter-Terrorist Financing
6. Activating your Omni WALLET Card
7. Using your Omni WALLET Card
07.01 Loading value on your Omni WALLET Card and Omni WALLET Account
07.02 Limits
07.03 Card transactions
07.04 Account transactions
07.05 Using your Omni WALLET Card for foreign currency transactions
07.06 Restrictions on use
8. Fees
9. Security
09.01 Protecting your Omni WALLET Card information and PIN
09.02 What to do when you suspect your Omni WALLET Card is compromised or lost
10. Responsibility for mistaken or Unauthorised Transactions
10.01 Mistaken payment
10.02 Incorrect payments/issues with a purchase
11. Lost, stolen Omni WALLET Card or compromised PIN
12. Transaction history
13. Card cancellation
14. Card Expiry
15. How to close your Omni WALLET Account
16. How we can communicate with each other (notices)
17. Privacy
18. Limits and responsibility
19. Complaints
20. Changes to these terms
21. Governing law
1. About
These Terms and Conditions are our agreement with you about the use of your Omni WALLET Card and your Omni WALLET Account. If you commence using the Omni WALLET Card you will be deemed to have read, understood and accept these terms in relation to and Omni WALLET Card and 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 Omni WALLET Card and your Omni WALLET Account as these Terms form part of the PDS and together form our agreement with you for use of the Omni WALLET Card and your Omni WALLET Account. You can find the PDS here https://banktech.com.au/omniwallet/pds.
Please contact the 3P operations team if you don’t understand anything in this document and we can explain things further for you.
3P Operations Team:
8am – 6pm, Monday to Friday
Available via email: help@omniwallet.net.au
2. Meaning of word
In these Terms, words that commence with a capital letter have the following meaning:
Available Balance means the dollar value (in AUD $) that is available in your Account at a particular point in time which you can view by using the Omni WALLET App and which you can utilise by using the Omni WALLET Card.
Accountholder means the person in whose name a virtual Omni WALLET Account is held by Hay.
Acceptance Brand means the symbols Visa uses at merchants and ATMs to inform Cardholders their Card can be used to make purchases or cash withdrawals Cardholders means the person to whom an Omni WALLET Card is issued by Hay.
Device means any equipment (electronic or otherwise), or artefact designed to be used to access your account.
Freeze means an action initiated by us or by a Cardholder which result in all transactions on the Omni WALLET Account and Card 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)
Issuer means Hay Limited ABN 34 629 037 403 Australian Financial Services Licence No. 515459 as the Issuer of both the Omni WALLET Card and Omni WALLET Account.
Merchant means authorised vendors who are able to accept and process a Visa card Omni WALLET means the product offered by 3P that contains the Omni WALLET Card and Omni WALLET Account consumers can open and operate.
Omni WALLET Account means the digital (virtual) account held by Hay to which the Cardholder can deposit funds and to which the Omni WALLET Card is linked to.
Omni WALLET App means the mobile application 3P has developed to support the Omni WALLET offer.
Omni WALLET Card means a Visa prepaid card which is issued by Hay and which is linked to the Omni WALLET Account.
Passcode means the 6-digit code you nominate to protect access to the Omni WALLET App.
Pay Anyone means a payment from your Omni 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.
PIN means personal identification number and the set of digits used to protect access to your Card which is created by you when signing up to Omni WALLET.
Purchase Transaction means a purchase transaction of goods and or services using the Card at a Merchant.
Terms and Conditions means the detail and rules that apply to the opening, fulfilment and use the Omni WALLET Card and Omni WALLET Account. They are an essential part of a contract between the Cardholder and Hay Limited as the Card Issuer
Unauthorised Transactions means a transaction which you haven’t authorised and without your knowledge and consent.
Unfreeze means the releasing of the Freeze either at a conclusion of an investigation by us or on instructions of the Cardholder.
Visa means Visa Worldwide PTE Ltd
3. The Omni WALLET Card and Omni WALLET Account
When you are issued with an Omni WALLET Card you can provision the Card into your mobile digital wallet. The Card is linked to your Omni WALLET Account, which can be viewed using the Omni WALLET App. Once you deposit funds into your Omni WALLET Account, you can access these funds to conduct Pay Anyone or Purchase Transaction by using the Omni WALLET Card anywhere in the world where Visa Prepaid cards are accepted.
You can view your Available Balance at any time by using the Omni WALLET App.
The Omni WALLET Account is not a bank account.
Your Omni WALLET Card is linked to your Omni WALLET Account and can access the Available Balance in the Omni WALLET Account. You can make Pay Anyone transactions from your Omni WALLET Account via the Omni WALLET App.
You can only access the Available Balance. Omni WALLET does not offer a credit facility and overdrawing the Available Balance in the Omni WALLET Account is strictly prohibited. We reserve to decline any transaction request the result of which will exceed the Available Balance in the Omni
WALLET Account.
4. Eligibility
To apply for an Omni WALLET Card and Omni WALLET Account, you must be at least 18 years old and comply with any of our eligibility criteria communicated during the account opening and onboarding process.
5. Anti-Money Laundering and Counter-Terrorist Financing
As an issuer of the Omni WALLET Account and Card, we must comply with the AML CTF 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 need to verify this information and accordingly, we check the information you provide against records maintained by credit reporting and fraud prevention agencies/ organisations. However, we don’t perform a credit check on you and the searches we perform are only for verifying your identity.
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 Omni WALLET Account and Omni WALLET Card until we verify your identity. 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 Omni WALLET 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 is not a breach by us of
these Terms.
6. Activating your Omni WALLET Card
Once we have approved your application for an Omni WALLET Card and Omni WALLET Account, you can provision the card in your mobile digital wallet. Before you use your Omni WALLET Card for the first time you will need to Unfreeze it in the settings of your Omni WALLET App.
7. Using your Omni WALLET Card
07.01 Depositing value to your Omni WALLET Account
At any time you or someone on your behalf can deposit funds to your Omni WALLET Account through the mechanism we specify from time to time. Predominantly, these deposits will occur through transferring funds electronically from another account you or someone on your behalf is holding with another financial institution. You can find instructions for how you can deposit funds
to your Omni WALLET Account in the Omni WALLET App.
We may also add new ways to deposit funds into your Omni WALLET Account in the future and we will publish these ways in the Omni WALLET App. We encourage you to check the Omni WALLET App from time to time for this and other important information.
Payments to your Omni WALLET Account will be credited to your Available Balance when they have cleared.
Once deposits have cleared and are showing in your Omni WALLET Account as clear funds, you can use the Omni WALLET Card to access these funds by transacting through Pay Anyone and or Merchants that accept Visa.
07.02 Limits
There are default limits that apply to the Omni WALLET Card and Omni WALLET Account for:
$15,000 Maximum balance you can have in your Omni WALLET Account at any one time
$10,000 Maximum top up deposits per day
Not Applicable Maximum ATM cash out per day
$10,000 Transaction limit for any one transaction (whether at a Merchant or Pay Anyone)
Available balance Total daily transaction limit
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 via the Omni WALLET App. Unless it is for security or financial integrity reasons, we will inform you of any changes to the daily limits in advance no less than 10 Business Days before the changes take place.
You can find the actual limits that apply to your Omni WALLET Card and Omni WALLET Account within the Omni WALLET App.
We will let you know via the Omni WALLET App if your limits are adjusted. Please check the Limits section in the Omni WALLET App so you know what limits apply to your use of the Omni WALLET Card.
07.03 Card transactions
You can use your Omni WALLET Card to make payments anywhere that Visa Prepaid cards are accepted.
Within Australia you can make contactless transactions under $100 without using your PIN. Contactless limits may vary in different countries. Like with any transaction, please make sure you check the amount is correct on the terminal before authorising a contactless transaction.
We will deduct the amount of any transaction using your Omni WALLET Card from your Available Balance. You can’t stop payment on a transaction after it has been completed. For mistaken or disputed payments please refer to clause 10.
We do not allow negative balances in your Omni WALLET Account. If you do not have sufficient balance in your Omni WALLET Account, all transactions will be denied. It is your obligation to ensure that you have sufficient Available Balance to complete a transaction.
Sometimes a transaction cannot be processed due to reasons outside of our control, like where there are network issues which may affect the relevant payment terminal. We are not responsible when a transaction authorisation is declined for any reason.
07.04 Account transactions
You can make Pay Anyone payments from your Omni WALLET Account using the Omni WALLET App. It is solely your responsibility to ensure that you enter the correct BSB and account information when authorising internet payments from your Omni WALLET 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.
07.05 Using your Omni WALLET Card for foreign currency transactions
All transactions in foreign currencies will be converted into Australian dollars.
All foreign currency transactions will be processed using the foreign exchange rate determined by Visa at the time of settlement. We do not charge fees, margins, or spreads for foreign exchange payments.
The actual foreign exchange rate that has been applied will be shown in your Omni WALLET App on settlement.
07.06 Restrictions on use
You must not use your Omni WALLET Card and or the Omni WALLET Account for any illegal purpose including purchasing anything that is illegal under Australian law.
If we suspect that the Omni WALLET Account and or Card are being used for illegal activity, we will Freeze the Omni WALLET Account and Omni WALLET Card without notice to you.
You must not allow any other person to use your Omni WALLET Account or Omni WALLET Card. Doing so is a breach of these Terms and entitles us to Freeze your Omni WALLET Account and Omni WALLET Card. You will also not be able to reclaim any unauthorised transactions because you allowed someone else to use your Omni WALLET Account and Card. You can only have one
Omni WALLET Card at a time.
8. Fees
Current fees and charges that apply to your 3P Card and 3P Account can be found here banktech.com.au/omniwallet/pds
We will debit your Available Balance for any fees that are payable to us.
We will let you know at least 30 days before a change takes effect through the Omni WALLET App of any fee changes so that you can stop using the 3P Card if you don’t like our new fees. 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.
9. Security
09.01 Protecting your Omni WALLET Card information and PIN
It is important that you keep your Omni WALLET App and Omni WALLET Card information, PIN and Passcode secure. This means that you must not write down the PIN or the Passcode either on the Omni WALLET Card or on something you carry with the Omni WALLET Card or share your PIN or Passcode with any other person. You must not, without proper cause, disclose the card number to any person.
09.02 What to do when you suspect your Omni WALLET Card is compromised or lost
If you believe your Omni WALLET Card is lost (and there’s a chance you’ll find it) or the security of your Omni WALLET Account or Omni WALLET Card has been compromised, you can simply Freeze your Omni WALLET Account and Card on the Omni WALLET App. If you Freeze the Omni WALLET Card, it will remain frozen until you Unfreeze it and you will not be able to use it. While the physical card is frozen you can continue to make payments from your Omni WALLET Account. After you have frozen your Omni WALLET Card, you will not be able to use your Omni WALLET Card until you Unfreeze it.
If you believe your Omni WALLET Card has been lost, damaged or compromised (not just temporarily lost) then you must immediately report your Omni WALLET Card lost or stolen within the Omni WALLET App and request a new Omni WALLET Card.
10. Responsibility for mistaken or Unauthorised Transactions
Where you think a transaction is an Unauthorised Transaction or is otherwise incorrect, please get in touch with us immediately via the Omni WALLET App and provide as much information as you can about the relevant transaction so we 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 and card schemes (like Visa) 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 Omni WALLET Account and or Omni WALLET Card has been compromised, you may want to Freeze your Omni WALLET Account and Omni WALLET Card to avoid continued unauthorised use.
10.01 Mistaken payment
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 try and 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.
10.02 Incorrect payments/issues with a purchase
If you have a problem with a purchase made with your Omni WALLET Card or a disputed transaction, the first step is to get in touch with the merchant you made the purchase from.
If you cannot resolve the matter with the merchant, contact us about the disputed transaction via the Omni WALLET App.
11. Lost, stolen Omni WALLET Card or compromised PIN
You will not be responsible for Unauthorised Transactions:
- that occur before your Omni WALLET Card is issued to you;
- that occur after you have Frozen or cancelled your Omni WALLET Card and while it remains Frozen; or
- 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 Omni WALLET Card, PIN or Passcode reasonably secured; or
- there was an unreasonable delay in Freezing or cancelling your Omni WALLET Card where you believed it was lost, stolen or otherwise compromised; or
- there was an unreasonable delay in reporting any unauthorised or mistaken payments.
12. Transaction history
You can view your transaction history on the Omni WALLET 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;
- transactions where the purchase price differs to the purchase amount; or
- you think a transaction may have been duplicated.
13. Card cancellation
We may Freeze or cancel the Omni WALLET Card where we have concerns about its security and or for the purpose of protecting your Available Balance where we suspect the Omni WALLET Card 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 Freeze or cancel your Omni WALLET Account. If this happens, we will let you know as soon as possible and refund your Available Balance to your nominated account.
14. Card expiry
The expiry date is shown on your Omni WALLET Card. We will contact you prior to the expiry to let you know the next steps for continuing to use your Omni WALLET products after the expiry date.
15. How to close your Omni Wallet Account
You can close your Omni WALLET Account via the Omni WALLET App. We cannot close the Omni WALLET Account immediately as we need to wait for all payments and transactions undertaken by you to be settled before your Omni WALLET Account can be closed. As soon as you notify us that you wish to close the Omni WALLET Account, you will no longer be able to use your Omni WALLET Card.
You will remain liable for any transactions that were not processed, or that occur, on your Omni WALLET Account (including, but not limited to, outstanding merchant purchases) at the time the Omni WALLET Account is closed.
You must also pay to us all unpaid fees and charges prior to closing the Omni WALLET Account.
Once the Omni WALLET Account is closed and we are satisfied that all outstanding transactions have been presented and settled, we will refund you the Available Balance in your Omni WALLET Account.
16. How we can communicate with each other (notices)
You can contact us via the Omni WALLET App or the Hay website.
We may give you any information, notices or other documents related to the Omni WALLET Card or Omni WALLET Account by:
- notification (including a push notification) or message sent to you or your device through the Omni WALLET App;
- by email to the email address recorded for you in the Omni WALLET App;
- by letter to the address recorded for you in the Omni WALLET App.
17. Privacy
We will collect, handle and use your personal information in accordance with our privacy policy available at banktech.com.au/omniwallet/privacy
Our privacy policy contains important information about the purposes for which we collect personal information, the entities to which we may disclose the information we collect (including any overseas disclosures that we may make), how you can access and seek correction of the personal information we hold about you or how you can make a complaint about our handling of your personal information.
18. Limits and responsibility
We are responsible for things that occur that are our fault. This includes things like your Available Balance being incorrectly debited due to our error or our fraud.
We are not responsible for things outside of our control like;
- where a merchant does not accept your Omni WALLET Card;
- delays or interruptions not caused by us;
- transactions not being able to be processed, despite us taking reasonable precautions; or
- a dispute between you and the supplier of goods or services purchased with the Omni WALLET Card.
Subject to any provisions in the Australian Consumer Law to the contrary, our liability for a breach of such guarantee, warranty or conditions will be limited to:
- supplying the services again; or
- the payment of the cost of having the services supplied again.
19. Complaints
If you have a complaint or dispute relating to the Omni WALLET product that 3P has provided to you, please follow the below procedure:
Step 1
Contact 3P in the first instance via:
– help@omniwallet.net.au
Please provide a full explanation of your complaint. 3P may request further details from you about the complaint.
3P will acknowledge that we have received your complaint and seek to resolve the complaint immediately, or by no later than 5 business days after receiving your complaint directly.
Step 2
If you are not happy with the outcome, you may request that Hay’s customer advocate review your complaint. The customer advocate may contact you for more information. The customer advocate will contact you with their decision.
Step 3
If you are still not satisfied with the decision or 3P or Hay do not respond to you within 30 days after you make the initial complaint, you can contact Hay’s external dispute resolution provider, Australian Financial Complaints Authority (AFCA). AFCA’s details are:
Australian Financial Complaints Authority
Website: afca.org.au
Email: info@afca.org.au
Phone: 1800 931 678
Mail: Australian Financial Complaints Authority, GPO, Box 3, Melbourne VIC 3001
20. Changes to these terms
We can change these Terms and any information in the PDS relating to these Terms at any time by uploading the new Terms or PDS to our website and letting you know about the changes via the Omni WALLET App. If you keep using your Omni WALLET Card or Omni WALLET 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 charge new fees or increase our fees or any other changes are made which are not in your favour, 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 Omni WALLET Card or Omni WALLET Account.
21. Governing law
The laws of New South Wales will govern the Omni WALLET Card, and any legal questions concerning this agreement.
