Terms and conditions

  1. Terms and Conditions

1.1. Please carefully read these Freestyle Virtual Credit Account Contract Terms and Conditions (Terms). There is important information, including about your repayments, fees and charges, interest free purchases and the conditions of use of the Freestyle virtual card (Freestyle Card) issued to you to use with your Freestyle – the Virtual Credit Account (Account).

1.2. These Terms are issued by MoneyMe Financial Group Pty Limited ACN 163 691 236 (MoneyMe) to provide you with sufficient information about the Account and the interaction of the Account and the Freestyle Card.

1.3. Your Contract includes the Financial Table and these Terms. Any capitalised words not defined in these Terms are defined in the Financial Table.

  1. Who is eligible for the Freestyle Card?

2.1. To be eligible for the Freestyle Card, all your accounts with MoneyMe must be up to date, you must be 18 years of age or older and an Australian resident and a verified MoneyMe customer, with an approved Account.

  1. Parties involved in the distribution of the Freestyle Card

3.1. MoneyMe is the holder of Australian Credit Licence number 442218 and is the provider of the Account and distributor of the Freestyle Card. MoneyMe can be contacted at:

Mail: Level 3, 131 Macquarie Street, Sydney NSW 2000
Phone: 1300 669 059
Email: canwehelpyou@moneyme.com.au
Internet: https://www.moneyme.com.au

  1. About the Freestyle Card

4.1. The Freestyle Card does not allow you to spend more than the amount recorded by MoneyMe within your Account which is available for transactions (Available Balance), subject to MoneyMe’s purchase approval criteria.

4.2. Your Freestyle Virtual Credit Account must have an Available Balance before it can be used.

4.3. 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 there is no Available Balance on your Account, transactions made with the Freestyle Card may be declined.

4.4. Subject to section 13, your Freestyle Card allows you to make purchases anywhere in the world where Mastercard International Incorporated (Mastercard) cards are accepted if a sufficient Available Balance exists for the amount of the transaction.

4.5. The Freestyle Card is not a facility by which MoneyMe takes deposits from you.

4.6. When you access the Available Balance by using the Freestyle Card, you must pay interest as provided in these Terms.

4.7. We may reduce the Available Balance or the Credit Limit (or both) of your Account from time to time without your consent.

4.8. You are entitled to reduce the Credit Limit of your Account and may request us to reduce the Credit Limit at any time. We will take reasonable steps to give effect to your request as soon as practicable.

4.9. We may only increase the Credit Limit of your Account if you request us to, and if we agree.

4.10. There are some limitations attached to the use of your Freestyle Card. Please refer to section 13 for a full list of transactions which are prohibited.

  1. Statements of account

5.1. We will send you a statement of account each month or fortnight (depending on your repayment cycle) when there is any financial activity or a balance outstanding on your Account. In all cases, we will send you a statement of account at least every six months.

5.2. Electronic statements of accounts for your Account which show Freestyle Card transactions and the Available Balance are available in our Members Area on our MoneyMe website (Website).

5.3. If you require any assistance accessing electronic statements of accounts please contact us. Please refer to section 3.1 for our contact details.

  1. Benefits to cardholders

6.1. Subject to the limitations of use in section 13, the Freestyle Card can be used to pay for goods and services from merchants in Australia and around the world which accept Mastercard cards, including online purchase transactions, subject to these Terms.

6.2. The Freestyle Card can also be used to make contactless payments for transactions under $100. Simply place your Freestyle Card near or on the card reader. Before authorising a contactless transaction, you must check that the correct amount is displayed on the terminal.

  1. Significant risks to cardholders

7.1. Some of the risks that may be associated with the use of the Freestyle Card are outlined below. The risks described are intended to be a summary of the major risks associated with the Freestyle Card and are not exhaustive. There may be other risks that relate to the use of the Freestyle Card.

7.2. Significant risks to cardholders are:

(a) The Freestyle Card will expire at the date shown on the Freestyle Card. You cannot access any value loaded on the Freestyle Card once it has expired.

(b) Unauthorised transactions, such as a transaction not authorised by you (but not including any transaction carried out by you or by anyone performing the transaction with your knowledge and consent) (Unauthorised Transactions) can happen using the Freestyle Card if it is lost or stolen, a personal identification number (PIN) is revealed to any other person, or as a result of fraud.

(c) Unintended transactions can happen if electronic equipment with which the Freestyle Card is being used is operated incorrectly or incorrect details are input.

(d) You might not be able to get your money back if Unauthorised Transactions or unintended transactions occur.

(e) If the electronic network enabling the use of the Freestyle Card is unavailable, you may not be able to undertake transactions or get information using the Freestyle Card.

(f) Your Freestyle Card could be lost, destroyed or stolen.

  1. Significant risks to cardholders

8.1. When you provide feedback to us, we have the opportunity to improve our services to you. 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

8.2. We will acknowledge your complaint within 2 business days, and we’ll aim to provide you with a solution within 5 business days. We only ask that you provide as much information as possible to assist us in a quick resolution of your complaint.

8.3. 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.

8.4. 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 and the Mastercard Technical Operational and Security Rules (Mastercard Scheme Rules).

8.5. It is your responsibility to regularly review your online transaction history to identify Unauthorised Transactions. We may not be responsible for any loss to you.

8.6. If we are unable to resolve your complaint to your satisfaction within 45 days or if 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.

8.7. AFCA can be contacted at:

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

  1. Using the Freestyle Card

9.1. Your Freestyle Card will be activated and ready for use once MoneyMe has approved the opening of your Account.

9.2. Subject to section 13, you can purchase goods and services using the Freestyle Card and the payment is debited against your Available Balance. The Freestyle Card allows you to purchase goods and services:

(a) with a merchant within Australia that has electronic funds transfer at point of sale (e.g. EFTPOS) available by making a contactless payment;

(b) with a merchant within Australia that accepts Mastercard cards;

(c) over the telephone or the internet by providing the PIN, expiry date and security code; or

(d) with a merchant overseas that accepts Mastercard cards.

9.3. When you are paying for goods and services by selecting the “Credit” button at a point of sale terminal or providing the Freestyle Card number to a merchant over the telephone or the Internet, you’ll be covered by Mastercard’s Zero Liability Protection Policy. This means you are protected against Unauthorised Transactions.

9.4. We may debit your Account with any cash advances, fees and charges, government charges, enforcement expenses, and any other transactions permitted by us at our discretion.

9.5. Unless otherwise specified in your Contract, you are liable for all amounts we debit to your Account.

9.6. You must not to make or attempt to make transactions that exceed the Available Balance. If there is no Available Balance on your Account, any attempted transactions made with the Freestyle Card may be declined.

9.7. If you make or attempt to make any transactions that exceed the Available Balance then you will be liable for any negative balance (e.g. a negative rather than a positive Available Balance (Negative Balance), along with any costs or interest we incur in recovering or attempting to recover the amount owing from you.

9.8. If a Negative Balance arises, that does not mean that a Negative Balance will be allowed to arise or be increased on subsequent occasions.

9.9. You can use the Freestyle Card within the limits specified in section 13 provided that you do not exceed the Available Balance and the expiry date for the Freestyle Card has not passed.

9.10. MoneyMe may restrict or stop the use of the Freestyle Card if there are excessive uses of the Freestyle Card or other suspicious activities. MoneyMe has 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.

9.11. 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 MoneyMe.

9.12. You should ensure that the correct amount is entered in the Point of Sale terminal, or written in the total box on the sales voucher, before you authorise the transaction.

9.13. 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.

9.14. 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.

9.15. You may not make pre-authorised regular payments through the use of the Freestyle Card.

9.16. The Freestyle Card may not be used for any direct or recurring debit payments.

  1. Cash advances

10.1. A cash advance occurs when you transfer money from your Account to another account. There is no interest free period for cash advances.

10.2. 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.

  1. Fees and charges

11.1. You must pay the fees set out in the Financial Table in your Contract. Whenever any of these fees are incurred or become payable, you authorise us to debit your account and reduce the Available Balance accordingly.

11.2. Unpaid fees and charges debited to your Account will incur interest daily at the same rate that applies to purchases.

11.3. All transaction fees are charged at the time of transaction and are included in the total purchase price.

11.4. All fees and charges are expressed in Australian dollars and are inclusive of any applicable GST.

11.5. 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.

11.6. 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.

  1. Foreign transactions

12.1. The Available Balance on 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.

12.2. Example of 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

  1. Limitations of Use of the Freestyle Card

13.1. The Freestyle Card may not be used for, and the following transactions are prohibited:

(a) any illegal transactions;

(b) wires, money orders;

(c) drugs;

(d) proprietaries and sundries;

(e) cigars and tobacco;

(f) manual cash disburse;

(g) automated cash disburse;

(h) money orders;

(i) adult dating and escorts;

(j) betting/casino gambling;

(k) charitable and social service organisations;

(l) bail and bond payments;

(m) tax payments (government agencies); and

(n) any other transactions not approved by MoneyMe.

13.2. Authorisation for transactions listed in section 13.1 will be declined.

13.3. The Freestyle Card is currently limited to 8 maximum purchases per day (tap and pay and online).

13.4. Some merchants may choose not to accept Mastercard card

13.5. Your Contract 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.

  1. Interest

14.1. We calculate interest on purchases and cash advances separately. Unpaid fees and charges incur interest at the same rate as purchases.

14.2. Interest for each of purchases and cash advances will accrue daily. The end of each day for calculating interest charges is 11:59pm Eastern Standard Time. The interest rate applied on the day will be the applicable interest rate for that category of debit divided by 365.

14.3. Interest will be debited on the same day your repayments are due. If any day on which interest is due to be debited is not a business day, that interest will be debited on the next business day.

14.4. 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.

14.5. We will not pay you interest on any credit balance on your Account.

  1. Interest free purchases

15.1. The Financial Table in your Contract specifies whether an interest free period applies to purchases made using your 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.

15.2. Note that the closing balance is not the minimum repayment and is the entire amount outstanding as shown in the statement of account.

15.3. 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.

  1. Payments

16.1. You must pay the minimum repayment amount shown on the statement of account each month. You can make additional payments at any time.

16.2. You must make payments by direct debit from your bank account. You request and authorise us to arrange Ezidebit to debit to your nominated account any amount we have deemed payable by you. If your direct debit is dishonoured then:

(a) that payment will not be considered as made; and

(b) any applicable fees and charges shown in your Contract will become due and owing and can be debited to your account from the date that the direct debit was attempted.

16.3. 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.

16.4. Your payments are made only when they are received by us. All payments received by us after 11:59pm Eastern Standard Time will be credited to your Account on the next business day.

16.5. Payments to your Account are allocated as determined by us from time to time in accordance with the law. You must make payments without deducting, setting off, or counterclaiming any money you think we owe you for any reason.

16.6. Payments can only be made in Australia and in Australian dollars.

16.7. If you have more than one account with us, and your Account is in arrears while any of those other accounts have funds available to be drawn, we may appropriate from one or more of those accounts to pay some or all of your arrears. We are not obliged to do this.

16.8. We may send you a repayment reminder by both or either SMS and email in advance of your direct debit. These the reminders are for your convenience only. For the avoidance of doubt, the repayment must be paid irrespective of whether we send a reminder.

  1. Default

17.1. Your Account will be in default if any of the following events occur:

(a) you do not pay any amount due under your Contract in full on or before the date it is due;

(b) you commit an act of bankruptcy, which includes entering into a Part IX agreement pursuant to the provisions of the Bankruptcy Act;

(c) you fail to notify us within 7 days of any change to any of the information provided by you to us in the application form or at any other time, including your address (residential, postal, telephone or electronic address) (Material Change);

(d) we discover that you have provided to us in support of your application information which is not true and complete; or

(e) we believe on reasonable grounds that we were induced by fraud to enter into your Contract.

17.2. If you default under your Contract we may require repayment of the outstanding balance of your Account and all other money payable under your Contract after giving you at least 30 days notice of the default.

17.3. 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. We may also suspend your Account if we consider it reasonably necessary to prevent fraud or other losses to you or us.

17.4. Our rights under your Contract are unaffected by any delay in exercising those rights, or by it giving you any time or other indulgence, except to the extent those rights are waived by law. 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 fraud, negligence or wilful misconduct by us, our employees, our agent, or a receiver we appoint.

  1. Keeping your contact details up to date

18.1. Failure to notify us of a Material Change in information within a reasonable time period may cause you to be in default under section 17.1(c).

18.2. 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.

18.3. 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.

  1. Indemnity for enforcement and other expenses

19.1. Enforcement expenses may become payable by you if you default under your Contract. To the extent allowed by law, you indemnify us against:

(a) all enforcement expenses we reasonably incur when exercising our rights if you default under your Contract; and

(b) all expenses, costs and damage incurred by us as a result of you breaching any of your obligations under your Contract, or as a result of any untrue or misleading representation, warranty or statement made by you, except where such loss arises from fraud, negligence or wilful misconduct by us, our employees, or a receiver we appoint.

19.2. We may debit the amount of any expense, cost or damage referred to above to your Account any time after we become liable to pay that amount.

  1. Security

20.1. You must make sure that you keep the Freestyle Card, identifiers, that is information that you know but are not required to keep secret and which you must provide to perform a transaction (for example, a Freestyle Card number) (Identifiers) and any PINs safe and secure. The precautions we require you to take (Security Requirements) are set out below.

20.2. You must keep Freestyle Card information (including any Identifier, Pass Code (i.e. a password or code that we may require to authenticate your identity or a transaction) or your Freestyle Card number, PIN and CVV number) private.

20.3. You must try to prevent anyone else seeing you enter your PIN into an electronic banking terminal.

20.4. You must ensure that any security details to access your device, for example a compatible smartphone or wearable device that supports a device wallet, for example: Apple Pay, Google Pay or Samsung Pay mobile applications that store the Freestyle Card on a compatible phone or wearable device (Device Wallet), enabling you to use the device as a payment method for purchase transactions (Device) or authorise a payment with your Device is not easily guessed.

20.5. When using your Freestyle Card, you should:

(a) always lock your Device;

(b) assign a device passcode, that is anything used to unlock and access a Device, including, but not limited to, a password, numerical code, pattern or Biometric Identifier (Device Passcode) to unlock your Device;

(c) not share your Device Passcode with anyone or leave your Device unattended;

(d) not store anyone else’s biometric identifier, that is a fingerprint, faceprint or any other similar biometric identifier (Biometric Identifier) within your Device; and

(e) remove any other registered Biometric Identifier which is not your own from your Device.

20.6. You must not:

(a) allow anyone else to use the Freestyle Card;

(b) unnecessarily disclose the Freestyle Card number to anyone;

(c) carry the PIN with the Device or record the PIN on anything carried with the Freestyle Card or a Device, or liable to loss or theft simultaneously with the Freestyle Card or a Device, unless you make a reasonable attempt to protect the security of the PIN;

(d) share the PIN with anyone, including a family member or friend or lend your Device to anyone.

  1. Loss, theft and misuse of Freestyle Cards or Devices

21.1. If you know or have reason to suspect that your Freestyle Card or Device is lost, stolen or damaged, likely to be misused, or you have reason to suspect that someone else may know the PIN or Identifiers, you must immediately notify MoneyMe on 1300 669 059. We will then suspend your Freestyle Card to restrict further use.

21.2. You may be required to confirm details of the loss, theft or misuse in writing (and to provide particular information in the confirmation) and you must comply with that requirement.

21.3. You must examine statements of account for your Account to identify and report, as soon as possible, any instances of unauthorised use of your Freestyle Card.

  1. Liability for Unauthorised Transactions

22.1. Your liability for losses arising from Unauthorised Transactions will be determined under the ePayments code issued by the Australian Securities & Investments Commission (ePayments Code).

  1. Where you are not liable

23.1. You will not be liable for losses resulting from Unauthorised Transactions where it is clear that you have not contributed to the loss.

23.2. 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 reissued Freestyle Card and/or Pass Code);

(d) a transaction being incorrectly debited more than once to your Freestyle Card; or

(e) an Unauthorised Transaction performed after you have informed us that your Freestyle Card has been misused, lost or stolen, or the security of a Pass Code has been breached.

23.3. You are not liable for loss arising from an 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 the Freestyle Card or a Device to us.

  1. Where you are liable

24.1. 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 breaching sections 13, 20 or 21 of these Terms. In those circumstances, you are liable in full for the actual losses that occur before the loss, theft or misuse of a Freestyle Card or breach of PIN 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; and

(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 PIN used to perform the transaction.

24.2. 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 a Freestyle Card or Device, or that the security of all PINs has been breached. In those circumstances, you are liable in full for the actual losses that occur between when you become aware of the security compromise, or should reasonably have become aware in the case of a lost or stolen Freestyle Card, but:

(a) you are not liable for the portion of losses incurred on any one day in excess of any applicable daily transaction limit; and

(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 PIN used to perform the transaction.

24.3. If a PIN was required to perform an Unauthorised Transaction not already covered above, you will be liable for the least of:

(a) $150; or

(b) the Available Balance; or

(c) the actual loss at the time that the misuse, loss or theft of a Freestyle Card or breach of PIN security is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily of other periodic transaction limit.

24.4. 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 rules of the Mastercard scheme, at the time of the report, against other parties to the Mastercard scheme (for example, chargeback rights).

  1. Important information about chargebacks

25.1. 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.

25.2. 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 your Available Balance. We can only process chargebacks if the Mastercard Scheme Rules allow us to.

25.3. If you believe that you are entitled to a chargeback, you must notify us as soon as possible by contacting MoneyMe.

25.4. The Mastercard Scheme Rules impose time limits for initiating chargebacks. The time limit is generally 90 days from the date of the disputed transaction.

25.5. 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.

25.6. Please note that if we process a chargeback, the merchant may have rights under the Mastercard Scheme Rules to have the transaction investigated further, and in some circumstances this can result in the chargeback being reversed (which means the original transaction might be reinstated by being debited to your Available Balance).

  1. Transactions

26.1. You consent to receiving electronic statements of account for your Account. The MoneyMe app will show the the transactions on your Freestyle Card and the Available Balance.

26.2. You can withdraw your consent to receiving electronic statements of account, and request paper statements of account, at any time.

26.3. Provided you have registered your Freestyle Card, the Available Balance and transaction history will be made available, through the MoneyMe app (see section 9).

26.4. If you notice any error (or possible error) in any transaction or statement relating to your Freestyle Card, then you must notify us immediately. We may request you to provide additional written information concerning any error (or possible error) and you must comply with that request.

26.5. It is your responsibility to regularly review your transaction history to identify Unauthorised Transactions.

  1. Freestyle Card expiry

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

  1. Replacement Freestyle Cards

28.1. If your Freestyle Card is misused, lost or stolen, you should notify MoneyMe on 1300 669 059 so that your Freestyle Card can be cancelled.

28.2. You can request MoneyMe to provide you with a replacement Freestyle Card.

28.3. A replacement Freestyle Card may be arranged after you notify us that your Freestyle Card or Freestyle Card details are misused, lost or stolen and the misused, lost or stolen Freestyle Card has been blocked. We may also issue you with a replacement Freestyle Card if requested by you at any time after expiry and provided you have registered your details with us, including your name and Australian address.

28.4. 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. You will need to register and activate the new Freestyle Card in accordance with section 9 and add your Freestyle Card to your Device Wallet. The use of any replacement Freestyle Card is subject to these Terms.

  1. Freestyle Card revocation and cancellation

29.1. 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.

29.2. We may cancel your Freestyle Card at any time, including if you default under your Contract. Where possible, we will give you 20 days prior notice of the cancellation. However, we may cancel your Freestyle Card without prior notice if:

(a) we believe that use of the Freestyle Card may cause loss to you or to us; or

(b) we believe that cancellation of the Freestyle Card is required for security purposes; or

(c) you breach any material condition of the Freestyle Card, including these Terms; or

(d) we suspect the Freestyle Card, or the Credit Limit, has been used illegally.

29.3. If we cancel your Freestyle Card in the above circumstances, we will give you notice as soon as reasonably practical afterwards.

29.4. We may suspend your Freestyle Card or your Account at any time without notice. If we suspend your Freestyle Card or your Account, we will give you notice as soon as reasonably practical afterwards.

29.5. If we cancel or suspend your Freestyle Card or your Account, you must continue paying the minimum repayment amount shown on each statement of account issued after the cancellation or suspension. We continue to charge interest, fees and charges to your Account until you repay your Account in full.

  1. Closing your account

30.1. You are entitled to terminate your Contract and may request us to terminate your Contract at any time by giving us notice in writing. We will take reasonable steps to give effect to your request to terminate your Contract as soon as practicable. After termination, we may require you to repay the outstanding balance of your Account within a reasonable period.

30.2. After your Account is closed, you will continue to be responsible for:

(a) any transactions made before we fully process the closure of your Account; and

(b) interest, fees and charges, and our reasonable enforcement expenses which will continue to be chargeable on your Account until the outstanding balance (if any) is reduced to zero.

  1. Liabilities and disclaimers

31.1. We are not liable:

(a) if, through no fault of our own, the Available Balance is not sufficient to cover a transaction;

(b) if, through no fault of our own, a terminal or system does not work properly;

(c) if circumstances beyond MoneyMe’s 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 supplier 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.

31.2. 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.

31.3. Our liability in any event shall 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).

31.4. If any warranties or conditions are implied because of Part 2 of the Australian Securities and Investments Commission Act 2001 or any similar law in respect of services supplied under these Terms or in connection with the Freestyle Card, then our liability for a breach of such a warranty or condition will in any event be limited to the supplying of the services again or the payment of the cost of having the services supplied again.

31.5. MoneyMe does 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 or when the warranty or representation is imposed or required by law and cannot be excluded.

31.6. Any failure or delay enforcing a term of these Terms does not mean a waiver of them.

  1. Information on your account

32.1. Any request for a balance or information you make in relation to any account that is regulated by the National Credit Code is not a request under section 36 of the National Credit Code.

  1. Anti-money laundering and counter terrorism financing obligations

33.1. MoneyMe is subject to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and the rules and other subordinate instruments under the Act (AML/CTF Laws). Before your Freestyle Card can be activated, MoneyMe is obliged to collect certain identification information from you (and verify that information) in compliance with the AML/CTF Laws. Customer identification information may include detailed 'know your customer' information about the cardholder such as name and address and date of birth.

33.2. MoneyMe may be prohibited from offering services or entering into or conducting transactions with you if you do not provide this information.

33.3. You should be aware that:

(a) MoneyMe is not required to take any action or perform any obligation under or in connection with the Freestyle Card if it is not satisfied as to your identity, or where there are reasonable grounds to suspect that by doing so it may breach the AML/CTF Laws;

(b) transactions may be delayed, blocked, frozen or refused where we have reasonable grounds to believe that they breach Australian law or sanctions (or the law or sanctions of any other country). Where transactions are delayed, blocked, frozen or refused, MoneyMe is not liable for any loss you suffer (including consequential loss) caused in connection with your Freestyle Card;

(c) MoneyMe may from time to time require additional information from you to assist us in the above compliance process; and

(d) where legally obliged to do so, MoneyMe will disclose the information gathered to regulatory and/or law enforcement agencies, other banks, service providers or to other third parties.

33.4. You provide MoneyMe with the following undertakings and indemnify MoneyMe against any potential losses arising from any breach by you of such undertakings:

(a) you will not initiate, engage or effect a transaction that may be a breach of Australian law or sanctions (or the law or sanctions of any other country); and

(b) the underlying activity for which your Freestyle Card is being provided does not breach any Australian law or sanctions (or the law or sanctions of any other country).

  1. Privacy and information collection

34.1. In this section 34:

(a) the expression Personal Information means such as information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about you when your identity is apparent or can reasonably be ascertained from the information or opinion; and

(b) Pays Providers (if available) means the mobile payment and Device Wallet service created by Apple, Google and Samsung Pay respectively.

34.2. By applying for and using the Freestyle Card, you consent to us collecting, using and disclosing your Personal Information under these Terms in the manner described above.

34.3. MoneyMe collects your Personal Information so that we can establish and administer the Freestyle Card provided to you. We may also use your Personal Information to:

(a) tell you about products and services offered by us or our affiliate companies (unless you tell us not to); and

(b) satisfy identification requirements under the AML/CTF Laws, and such information may be exchanged with verification agencies (which may be overseas).

34.4. We may also 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.

34.5. Without your information, we cannot make the Freestyle Card available to you and you should not apply for the product.

34.6. If you provide us with Personal Information about someone else, you should ensure that you are authorised to do so and agree to inform that person of these Terms.

  1. When we disclose your personal information

35.1. 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; or

(b) in order to verify the existence and condition of a Freestyle Card; or

(c) to utilise services of affiliates who assist in providing a Freestyle Card; or

(d) if you give us permission; or

(e) if you owe us money; or

(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.

35.2. We may also disclose personal and credit information about you in connection with any dealing set out in section 43. You must sign anything and do anything we reasonably require, to enable any dealing with your Contract, and any document or agreement entered into or provided under or in connection with your Contract.

35.3. 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

35.4. If you have any questions, comments or complaints about your Personal Information or if you wish to correct the Personal Information, we have about you please contact MoneyMe’s Privacy Officer at:

Phone: 1300 669 059 (free call)
Email: privacy@moneyme.com

  1. Opting out of marketing

    36.1. If you no longer want to receive marketing emails from MoneyMe, you can choose to be removed from our mailing list. To opt-out of receiving marketing information give us a call on 1300 669 059. To unsubscribe from marketing emails, select ‘unsubscribe’ at the bottom of the email. Once you have been removed from our marketing list, we may still contact you with non-marketing communications such as bill notifications or statements or changes to these Terms.

    1. Access to your bank accounts

    37.1. If you agreed to provide us with viewing access to one or more of your bank accounts, the following data protection provisions apply.

    37.2. 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.

    37.3. We may access your bank account transaction information at any time during the term of your Freestyle Virtual Credit 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).

    37.4. We will use your Transaction History to assess your creditworthiness, whether a Freestyle Virtual Credit Account is suitable for you, and for ongoing account management (including verification of account information), and if you are in default.

    37.5. By agreeing to allow us 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.

    37.6. You agree that Proviso and Proviso's service providers may, and are instructed by you as your agent and nominated representative, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, 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, as fully to all intents and purposes as you might or could do in person. This will include copying Transaction History 90 day periods from the date of access and storing same.

    37.7. The Transaction History shall 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.

    37.8. 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).

    37.9. You should be aware that third party account providers will be entitled to rely on this authorisation and agency granted by you. You should also be aware that this service is not endorsed or sponsored by any third party bank account providers.

    37.10. We would recommend that you refer to the terms and conditions of your internet banking provider if you would like more information.

    37.11. You understand that 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.

    1. Communications

    38.1. We may give written notices, information or other communications to you under or in connection with these Terms (including information under the ePayments Code such as statements) by either:

    (a) sending the notice, information or communication using electronic communication, that is a message which is sent to you and which you receive electronically, in a form that you can retain for later reference such as by printing or by storing for later display (Electronic Communication); or

    (b) using Electronic Communication to notify you that the notice, information or communication is available from an electronic address (such as the Website).

    38.2. You may vary your nominated email address for Electronic Communication by notifying us through the Website and satisfying us of your identity.

    38.3. In addition, we may give notices, information or other communications relating to the Freestyle Card to you by Electronic Communication to your email address last known to us or which you last gave us for sending notices and communications to you or, if the notice or communication is not personal to you, by posting it to the Website. We may also give notices, information or other communications to you by delivering them personally to you, posting them to or leaving them at your residential or business address last known to us, or in any other way permitted by law.

    38.4. You can withdraw your consent to receiving notices, information or communications by Electronic Communication at any time.

    1. Changes to your Contract

    39.1. We may change your Contract (including fees and charges and transaction limits) at any time without your consent for one or more of the following reasons:

    (a) to comply with any change or anticipated change in any relevant law, code of practice, guidance or general banking practice; or

    (b) to reflect any decision of a court, ombudsman or regulator;

    (c) to reflect a change in our systems or procedures, for security reasons; or

    (d) as a result of changed circumstances (including by adding benefits or new features); or

    (e) to respond proportionality to changes in the cost of providing the Freestyle Card; or

    (f) to make them clearer.

    39.2. Except in the case of changes to fees and charges or the introduction of a new fee or charge and any changes that are not materially adverse, we will notify you at least 20 days before any changes to these Terms take effect.

    39.3. If the change involves an increase to our fees and charges or the introduction of a new fee or charge, we will give you notice at least 30 days before the change takes effect.

    39.4. We will notify you of the above changes to these Terms by sending an individual notice to you (either by giving it to you by Electronic Communication).

    39.5. If a change to these Terms is not materially adverse, we may update the information by making information about the change available on the Website.

    39.6. However, 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.

    39.7. If you are not satisfied with any change or variation to your Contract, you may close your Account in accordance with section 30.

    1. Changes to these Terms

    40.1. These Terms are subject to change from time to time and are correct and current as at the date stated on the Financial Table.

    40.2. Information regarding your Freestyle Card may need to be updated from time to time. Any updated information on your Freestyle Card or these Terms will be made available on the Website or provided to you via email.

    1. The Website

    41.1. Although considerable effort is expended to make the Website and any other operating communication channels available at all times, no warranty is given that these channels will be available and error free every minute of every day.

    41.2. You agree that we are not responsible for temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labor disputes and armed conflicts.

    1. Provisions in your contract

    42.1. If any of the provisions of your Contract are illegal or become illegal at any time, the affected provisions will cease to have effect, but the balance of your Contract will remain in full force and effect.

    42.2. To the extent that your Contract is regulated under consumer legislation (for example, the National Credit Code), any provisions which do not comply with that legislation have no effect, and to the extent necessary, your Contract is to be read so it does not impose obligations prohibited by that legislation.

    1. Assignment

    43.1. We may assign, novate or otherwise deal with our rights and obligations under your Contract, and any document or agreement entered into or provided under or in connection with your Contract in any way we wish.

    43.2. Any dealing with our rights does not change your obligations under your Contract in any way. You cannot assign or otherwise deal with your rights or obligations under your Contract, and any document or agreement entered into or provided under or in connection your Contract.

    1. Governing law

    44.1. 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 your Contract.