WaivpayPhysical Gift Card Terms & Conditions

These terms and conditions apply to use of the WAIVPAY gift card, issued by WAIVPAY LTD ABN 29 630 927 105 & GiVV Technologies Ltd ABN 91 143 010 048 (we, us, our). In these terms and conditions ‘you’ are the card purchaser or user. If you acquire the card, you will have a contract with us. If another person wants to use your gift card, you must tell them that they are, and they must agree, to be bound by these terms and conditions. The card remains our property. NSW law applies to these terms and conditions. By using your gift card, you unconditionally submit to the exclusive jurisdiction of the courts of Sydney, New South Wales.

Definitions

"Distributor" means 545490 PTY. LTD ABN 83 648 605 225, trading as Karta Co or any other distributor authorised by us.

"Issuer" means WAIVPAY LTD ABN 29 630 927 105 & GiVV Technologies Ltd ABN 91 143 010 048.

"Waivpay", "we", "us" and "our" means WAIVPAY LTD ABN 29 630 927 105 except where the context requires otherwise.

"You" are the card purchaser or user.

  1. The Card is a prepaid Eftpos debit card that can be used for purchasing goods and services at retailers in Australia where prepaid EFTPOS debit cards are accepted for electronic transactions. The card cannot be used to obtain or redeem cash (for example at ATMs or over the counter at financial institutions or cash out through EFTPOS terminals) and cannot be used for making direct debit, recurring or regular instalment payments. The card is intended to be used only to purchase goods and services and must not be used for cash or cash-like transactions. You must not use the card for any transaction that allows, or may reasonably allow, value on the card to be withdrawn, transferred, converted into cash or cash equivalents, used to acquire financial products or digital assets, or loaded to another account, wallet, card or stored value facility. Restricted transactions include cash withdrawals, cash advances, money orders, travellers' cheques, remittance or money transfer, foreign exchange, cryptocurrency or digital asset transactions, securities or investment products, wallet or account top-ups, prepaid card loading, gambling, betting, casino or gaming transactions, and any other cash-like or quasi-cash transaction. We may decline, block, suspend, restrict or refuse any transaction, merchant, merchant identifier, merchant category, transaction type or transaction channel that we reasonably consider falls within these restricted uses, or where we reasonably consider it necessary for fraud prevention, AML/CTF compliance, sanctions compliance, payment scheme compliance, operational integrity or risk management. This may mean the card is not accepted by some merchants, including merchants that also supply unrestricted goods or services.
  2. Gift cards will be activated within 48hours of purchase and cannot be redeemed for cash, reloaded, returned for a refund, have their balances consolidated to a new gift card, or be replaced or re-instated after expiry and are not legal tender, account cards, debit or credit cards or securities. The card cannot be used to make online purchases.

We do not charge post-supply fees for using the card, including activation, account keeping, balance enquiry or inactivity fees. A merchant or payment service provider may impose a permitted payment surcharge, booking fee or other third-party charge that is not charged by us, provided that charge is permitted by law and applies consistently with other payment methods. Any such third-party charge may reduce the available balance on the card.

  1. Unless an exemption under the Australian Consumer Law applies, the card will be valid for at least 3 years from the date it is supplied or purchased. The card expiry date will be prominently displayed on or with the card. If the expiry is stated as a period rather than a fixed date, the issue date will also be displayed. After a valid expiry date has passed, the card cannot be used and any remaining balance will be forfeited, except to the extent required by law. We are not required to provide a separate expiry reminder.   You can also check the expiry date of your gift card and the card balance at: https://www.waivpay.com/balance‑check. It is your responsibility to record the date of purchase of the card and the expiry date. After the gift card has expired, it is no longer valid. All transactions will be declined. Unused value will not be refunded and will become our property. We will not give you any notice before this happens.
  2. You acknowledge that we may allow access to the services offered on our website to anyone who enters a valid card number. It does not offer you any protection or security if your card is lost, stolen or damaged. Remember to treat your card like cash. You are solely responsible for any loss caused by use of your card and PIN by you or any other person, including any use not approved or contemplated by you. Your card will not be replaced if misused, lost, stolen or damaged. If you notice any error or suspect any unauthorised use relating to the card, you should notify WAIVPAY LTD immediately on 1300 764 721 during business hours or alternatively you can send an email to support@waivpay.com.
  3. You may use the card as often as you like until the available balance is spent or the card has expired. The available balance cannot be exceeded. Where a purchase exceeds the available balance, you need to pay the excess using another payment method, if the merchant agrees. The Card can be used on more than one occasion but cannot be used to make transactions that exceed the available balance.

Nothing in these terms and conditions excludes, restricts or modifies any consumer guarantee, statutory guarantee or other right under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. To the extent permitted by law, our liability is limited to replacing faulty gift cards.

  1. If you have a query or complaint about the gift card, please raise it through any of our contact channels. We will handle all complaints according to our internal dispute resolution procedure. We are not liable for the availability, quality or fitness for purpose of any goods or services purchased with the gift card. Any dispute about goods or services purchased with the gift card must be resolved directly with the merchant. Except for rights which cannot be excluded, any conditions or warranties implied or imposed by legislation or otherwise are excluded from these conditions of use. To the extent permitted by law, are liability is limited to replacing faulty gift cards. If you think there has been a mistaken transaction on your gift card contact the merchant where the mistake was made. We are unable to reverse transactions approved or processed by any merchant.
  2. The card is not reloadable. Refunds for goods or services purchased using the card are subject to the merchant's refund policy and any rights you may have under the Australian Consumer Law. If a merchant approves a refund, the refund may be credited back to the card if the card is still valid and capable of receiving the refund. We are not responsible for the goods or services supplied by a merchant, but nothing in these terms limits any non-excludable rights you may have against the merchant or us under applicable law.
  3. Our contact channels are calls to 1300 764 721, email support@waivpay.com or online at www.waivpay.com.
  4. We may cancel any gift card, or the gift card scheme, for any reason at any time without notice. If so, we may either provide a refund or a replacement gift card of equivalent value unless we reasonably suspect fraud in relation to a gift card. The gift card remains our property.
  5. We may block, delay, freeze or refuse any transactions where We, in our sole opinion, considers reasonable grounds exist to believe that the relevant transactions are fraudulent, in breach of the AML Legislation, the operating rules or any other relevant law.
  6. Where transactions are blocked, delayed, frozen or refused by Us, We are not liable for any loss suffered by it or any of the cardholders or other third parties arising directly or indirectly as a result of Us taking this action. Cancellation fees and administration costs will be applied to the cardholder if the gift card is cancelled where WAIVPAY LTD in its sole opinion considers reasonable grounds exist to believe that the relevant transactions are fraudulent, in breach of the AML Legislation, the operating rules or any other relevant law.
  7. We will monitor all transactions that arise pursuant and in accordance with its obligations imposed on it in accordance with the AML Legislation and/or the operating rules.
  8. It is Unreasonable Use of the gift card service where your use of the service/promotion is reasonably considered by Us to be fraudulent, to be contrary to the way the service is intended to be used (“Intended Use”), or to adversely affect the contract with our Client(s).

Examples of unreasonable use include:

  1. Using the service for the purposes of resale, resupply or commercial exploitation;
  2. Using the service for credit card loyalty point manipulation.

Information will be disclosed to third parties about the card, or transactions made with the card, whenever allowed by law, and also where necessary to operate the card and process transactions. A full privacy policy can be viewed at www.waivpay.com/privacy-policy.

We may change these terms and conditions from time to time. Changes will apply to cards issued after the updated terms and conditions are made available. For existing cards, we will not apply a change retrospectively in a way that materially reduces your rights or the value or validity of the card, except where reasonably necessary to comply with law, AML/CTF obligations, sanctions requirements, payment scheme rules, fraud prevention, security, operational integrity or risk management requirements. We will give reasonable notice of any material adverse change unless immediate action is required for those reasons. Nothing in this clause allows us to impose a prohibited post-supply fee or reduce the card expiry period below any minimum period required by law. Except where we are required by a law or a code to do so, you will not receive advance personal notice of such changes. Changes will be notified via www.waivpay.com or by using another method that the law or relevant code allows or requires us to use. The current version of these conditions of use is available at www.waivpay.com. If we fail to exercise or delay in exercising any of our rights under these conditions of use, that failure or delay does not constitute a waiver of our rights.