Rollover Gift Card Terms and Conditions

The Rollover Gift Card is issued by EML Payment Solutions Limited ABN 30 131 436 532, AFSL 404131 (“EML/we/us/our”). In these Terms and Conditions, “you” are the Rollover Gift Card purchaser or user. EML has developed and promotes the Rollover Gift Cards and if you purchase a Rollover Gift Card, you will have a contract with us. 

Definitions
In these Terms and Conditions:
“Device” means a mobile or wearable device that allows you to store or otherwise add a Rollover Gift Card to a Digital Wallet.  
“Digital Wallet” means Apple Pay, Google Pay, or Samsung Pay or any other digital wallet provider capable of provisioning the Rollover Gift Card to your Device. 
“Digital Card” means an electronic Rollover Gift Card. 
“PAN” means the 16-digit Primary Account Number, which is the number printed on the Rollover Gift Card. 
“PIN” means the four-digit personal identification number for use with the Rollover Gift Card in any electronic banking terminal 
“Physical Card” means a plastic Rollover Gift Card. 
“PIN Mailer” means the letter sent to you including the PIN, a Card and instructions on how to use the Card, together with other important information 
“Rollover Gift Card” means the physical and/or digital prepaid Mastercard issued by EML that allows the transfer of any remaining balance on your living expenses benefit account to a new card in accordance with your salary packaging arrangement and these Terms and Conditions.  
“Tokenised Card” means a Digital Card or Physical Card that has sensitive personal information, including, but not limited to, a PAN, substituted for a unique identifier (“token”) and stored within a Digital Wallet for you to use to make payments. A Tokenised Card can be used for Contactless Transactions as well as card-not-present transactions, including online purchases. 

Accepting the Card and agreeing to these Conditions of Use
1. By setting up automatic purchases of Rollover Gift Cards, ordering a Rollover Gift Card, including where an order is automatically set up, adding a Tokenised Card to your Digital Wallet, or using a Rollover Gift Card, you agree to be bound by these Terms and Conditions. You must give these Terms and Conditions to the user of the Rollover Gift Card if that is not you. 
2. You may only transfer funds to a Rollover Gift Card where your available balance is at least AUD $20.  

How and where you can use the Card
3. The Rollover Gift Card is a Mastercard Prepaid Gift Card that can be used for purchases that qualify as salary packaging/living expenses purchases outlined by your salary packaging provider and in accordance with the Australian Tax Office. Some merchants may choose not to accept Mastercard Prepaid cards. 
4. The Rollover Gift Card may be issued as a physical card or a digital card for use in a digital wallet on a compatible device. 
5. The Rollover Gift Card must be activated prior to use and expiry. To activate a physical Rollover Gift Card, you must follow the activation steps outlined in the PIN Mailer sent to you containing the Rollover Gift Card. To activate a digital Rollover Gift Card, you will receive a SMS message with instructions on how to access your digital Rollover Gift Card using the Get My eCard app once your purchase is complete. 
6. For in-store purchases with a physical Rollover Gift Card, you must swipe the card and select ‘Credit’ at the terminal. Contactless (tap-and-go) transactions are not supported for the physical Rollover Gift Card.  
7. Eligible Rollover Gift Cards may be added to supported Digital Wallets, including Apple Pay and Google Pay. Availability depends on the type of card issued to you, your device compatibility, and provider requirements. By adding your card to a Digital Wallet, you agree to comply with these Terms and Conditions, the applicable Digital Wallet provider’s terms, and any security or verification requirements we impose. You are responsible for ensuring the security of any device on which a Digital Wallet is installed and must notify us immediately if the device is lost, stolen or otherwise compromised. We may suspend or disable Digital Wallet functionality at any time for security, compliance or operational reasons. 
8. The maximum balance that can be loaded onto a Rollover Gift Card is $2,500.00. 
9. The Rollover Gift Card cannot be used to make transactions that exceed the available balance. For such a transaction you need to pay the difference by another method if the merchant agrees. 
10. The Rollover Gift Card is not a credit card and it is not linked to a deposit account with us. 
11. The Rollover Gift Card cannot be used to obtain or redeem cash and cannot be used for making direct debit, recurring, or regular instalment payments. Transactions made using the Rollover Gift Card may be declined at some merchants (such as gambling merchants or merchants who choose not to accept Mastercard Prepaid cards). We are not liable in any way when a payment authorisation is declined for any particular transaction except to the extent the authorisation has been declined because of fraud, negligence or wilful misconduct by us (including that of our officers, employees, contractors or agents).  
12. Your use of the Rollover Gift Card at a merchant is subject at all times to the policies (and, where applicable, other terms and conditions) of that merchant regarding the goods and services made available by it. The Rollover Gift Card cannot be used towards the purchase of any other gift cards or vouchers at merchants. 
13. The Rollover Gift Card remains the property of EML. We may restrict or stop the use of a Rollover Gift Card where required by law or if our systems suspect that fraud or other illegal activities has occurred using the Rollover Gift Card and we will contact you promptly after we do so to advise you of next steps. If your Rollover Gift Card was lost or stolen, the terms in paragraph 19 will apply. 

Validity and Card Expiry
14. The Rollover Gift Cards are not reloadable.  
15. The Rollover Gift Card is valid until the expiry date shown on the front of the Rollover Gift Card and cannot be used after expiry. The expiry date can also be on the back of a physical card, or on the card image in the Get My eCard app.   
16. At expiry, the remaining available balance will be forfeited. We will not give you any notice before this happens. 

Your Card, your responsibility
17. You are responsible for all transactions on a Rollover Gift Card, except to the extent there has been fraud, negligence or wilful misconduct by us (including that of our officers, employees, contractors or agents).  
18. Unauthorised transactions can happen on the Rollover Gift Card if it is lost or stolen, a personal identification number (“PIN”) is revealed to any other person, or because of fraud.  
19. If you notice any error relating to a Rollover Gift Card, you should notify EML Client Support promptly on 1300 739 889 during business hours or alternatively you can send an email to support@emlpayments.com.au.

Checking your Rollover Gift Card balance and transaction history
20. You acknowledge and agree that we do not provide you with paper statements and you are responsible for checking your transaction history online and knowing your available balance. You can view your balance, transaction history and expiry date free of charge on the Get My eCard app or at https://sam.emerchants.com.au.

Lost, Stolen or Damaged Cards
21. The Rollover Gift Cards are like cash and are not refundable. To the extent permitted by law, we have no obligation to replace or refund value for misused, lost, stolen or damaged Rollover Gift Cards except where we have breached any condition or warranty implied under consumer protection legislation or to the extent there has been fraud, negligence or wilful misconduct by us (including that of our officers, employees, contractors or agents). You should not interpret anything in these Terms and Conditions as excluding, restricting or modifying any guarantee, condition or warranty which is implied by the Australian Consumer Law. Where we are liable for a breach of these Terms and Conditions, then our liability is limited to: 
i. the supplying of the services again; or 
ii. the payment of the cost of having the services supplied again. 
22. We will replace a lost, stolen or damaged Rollover Gift Card, including where the Rollover Gift Card is not delivered to you despite the correct postal address for delivery having been supplied to us.  
23. In circumstances where a replacement Rollover Gift Card is issued, a fee will be charged to you for the replacement card (for a full breakdown of fees, see the fee table below) and the replacement card will be loaded with the value remaining on the Rollover Gift Card at the time it was cancelled by us (less the  replacement fee) following notification of the Rollover Gift Card being reported lost or stolen. Even if the funds on the Rollover Gift Card were stolen by the time we cancelled the Rollover Gift Card, those stolen funds will not be refunded.  
24. Issuing a replacement Rollover Gift Card will not alter the original expiry date for the Rollover Gift Card.  

Refunds or exchanges
25. You cannot “stop payment” on any transaction after it has been completed. If you have a problem with a purchase made with a Rollover Gift Card, or a dispute with a merchant, you must deal directly with the merchant involved. If you cannot resolve the dispute with the merchant, or have a complaint, you can send an email to support@emlpayments.com.au

or contact EML by phoning 1300 739 889.  
26. Any refunds on Rollover Gift Card transactions are subject to the policy of the specific merchant. If the Rollover Gift Card expires or is revoked in accordance with these Terms and Conditions before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using a Rollover Gift Card) then you will have no access to those funds. 

Fees and charges
27. All fees will be deducted directly from the balance available on a Rollover Gift Card and are as follows:

Privacy and Confidentiality
28. Your Personal Information (as defined in the Privacy Act 1988 (Cth)) will be disclosed to third parties about the Rollover Gift Cards, or transactions made with the Rollover Gift Cards, whenever required by law, and also where necessary to operate the Rollover Gift Cards and process transactions. A full privacy policy can be viewed at https://www.emlpayments.com/privacy. 

Changes to these Terms and Conditions
29. We reserve the right to change these Terms and Conditions at any time. Except where we are required by a law to do so, or where the change is materially adverse to you, we will notify you at least 14 days before the effective date of the change. However, if the change is made for one or more of the following reasons, we can implement such change without prior notice: 
i. to comply with any change or anticipated change in any relevant law or guidance; 
ii. to reflect any decision of a court, ombudsman or regulator; or 
iii. for security reasons where necessary to address security concerns or vulnerabilities.  
If you do not accept the updated Terms and Conditions, you should not purchase a Rollover Gift Card. 
30. Changes to these Terms and Conditions will be updated via the Get My eCard app or https://info.emlpayments.com/rollover-gift-card. The current version of the Terms and Conditions can be viewed at https://info.emlpayments.com/rollover-gift-card.
31. If we fail to exercise or delay in exercising any of our rights under these Terms and Conditions, that failure or delay does not constitute a waiver of our rights. 
32. These Terms and Conditions are governed by the law of Queensland.