1.1.       Definitions

AFSL means Australian Financial Services Licence.

AML/CTF Laws means the Anti-Money Laundering & Counter-Terrorism Financing Act 2006 (Cth) and the Rules and other subordinate instruments under that Act.

ATM means Automated Teller Machine.

Authorised Health Care General Treatments includes the following:

Acupuncture means a General Treatment that is: (a) approved by us; and (b) provided during a Consultation by a Provider who is recognised by us as an acupuncturist.

Antenatal & Postnatal Classes means General Treatment that is: (a) approved by us; and (b) provided by a midwife or physiotherapist in Private Practice.

Audiology means General Treatment that is: (a) approved by us; and (b) provided during a Consultation by a Provider who is recognised by us as an audiologist.

Chiropractic means General Treatment that is: (a) approved by us; and (b) provided during a Consultation by a Provider who is registered or licensed to practice and recognised by us as a chiropractor.

Dietetics / dietary advice means General Treatment that is: (a) approved by us; and (b) provided during a Consultation by a Provider who is recognised by us as a dietician or a nutritionist.

Dental including Endodontic, Orthodontics means General Treatment that is: (a) approved by us; and (b) provided during a Consultation by a Provider who is recognised by us as a Dental Practitioner (a person registered or licensed to practice as a dental practitioner under a law of a State or Territory that provides for the registration or licensing of dental practitioners or dentists).

Exercise Physiology means General Treatment that is: (a) approved by us; and (b) provided during a Consultation with a Provider who is recognised by us as an exercise physiologist.

Hearing Aids means: (a) an appliance to correct a hearing defect; or (b) a component of such an appliance, that has been prescribed during a Consultation with a Provider who is recognised by us as an audiologist.

Optical means General Treatment that is: (a) approved by us; and (b) provided during a Consultation by a Provider who is recognised by us as an Optometrist (means a person registered or licensed as an optometrist or optician under relevant State or Territory laws), an ophthalmologist or optical dispenser.

Optical Appliance means an appliance to: (a) an appliance to correct a sight defect; or (b) a component of such an appliance, that has been prescribed during a Consultation with a Provider who is recognised by us as an Optometrist (a person registered or licensed as an optometrist or optician under relevant State or Territory laws), an ophthalmologist or optical dispenser.

Physiotherapy means General Treatment that is: (a) approved by us; and (b) provided during a Consultation with a Provider who is registered, or licensed to practice, and recognised by us as a physiotherapist.

Orthotics means an appliance to correct a deformity of the foot or lower limbs that has been prescribed during a Consultation with a Provider who is recognised by us as a podiatrist, physiotherapist, chiropractor or osteopath.

Podiatry means General Treatment that is: (a) approved by us; and (b) provided during a Consultation with a Provider who is registered, or licensed to practice, and recognised by us as a podiatrist.

Speech Therapy means General Treatment that is: (a) approved by us; and (b) provided during a Consultation with a Provider who is registered, or licensed to practice, and recognised by us as a speech therapist.

Psychology & Counselling means General Treatment that is: (a) approved by us; and (b) provided during a Consultation with a Psychologist who is registered, or licensed to practice, and recognised by us to provide psychology and counselling treatment.

Massages (including remedial massage) means General Treatment that is (a) approved by us; and (b) Provided during a Consultation by a Provider who is recognised by us.

Natural Therapies means General Treatment that is: (a) approved by us; and (b) provided during a Consultation with a Provider who is recognised by us to provide natural therapy Treatment.

Osteopathy means General Treatment that is: (a) approved by us; and (b) provided during a Consultation by a Provider who is registered. a Consultation with a Provider who is recognised by us as a podiatrist, physiotherapist, chiropractor or osteopath.

Available Balance means an estimate of the total value of your Units on a day and available for use with the Card. The Available Balance is calculated as 90% of the total value of your Units net of an adjustment to the Unit price to account for changes in the value of the Fund’s assets between the day of the transaction and the most recent weekly unit price. The Available Balance is also net of any Unsettled Transactions and does not include unprocessed and uncleared investments.

Biometric Identifier means a fingerprint, faceprint or any other similar biometric identifier.

Business Day means a day that is not a Saturday, Sunday or public holiday being a day on which banks are open for general banking business in Brisbane, Queensland.

Card means the ExtrasJar Health Card, which is a prepaid Mastercard that has had sensitive personal information (including, but not limited to, a PAN) substituted for a unique identifier (token) by Mastercard and stored within a Device Wallet for you to use as payment. The Card can be used for Contactless Transactions as well as card not present transactions, including online purchases.

Card Terms and Conditions means this document.

Consultation means the attendance by the Cardholder with a Provider in a manner approved by us.

Contactless Transaction means a transaction made by holding a Card against an EFTPOS Device to complete a transaction, rather than inserting the card into the EFTPOS Device.

Device means a compatible smartphone or wearable device that supports a Device Wallet, enabling you to use the Device as a payment method for purchase transactions.

Device Pass Code means anything used to unlock and access a Device including, but not limited to, a password, numerical code, pattern or Biometric Identifier.

Device Wallet means the Apple Pay, Google Pay or Samsung Pay mobile applications that store the Card on a Device.

EFTPOS/POS means Electronic Funds Transfer at Point Of Sale/Point Of Sale.

EFTPOS Device means the device included in an authorised interchange network used by merchants to accept the Card for purchases at POS, including for Contactless Transactions.

ePayments Code refers to the code issued by the Australian Securities and Investments Commission that regulates electronic payments, including ATM, EFTPOS and credit card transactions, online payments, internet and mobile banking, and BPAY.

EML means EML Payment Solutions Limited ABN 30 131 436 532, AFSL 404131.

Expiry Date means the expiry date displayed on the Card within your Device Wallet.

ExtrasJar means ExtrasJar Pty Ltd ACN 635 535 545 AFSL 519599.

ExtrasJar App means the mobile application provided by ExtrasJar which allows you to manage your Card, review transactions and check your Available Balance.

ExtrasJar Health Extras Account means the ExtrasJar Health Extras Account you established with ExtrasJar through the ExtrasJar App or Website.

Fund means the ExtrasJar Fund ARSN 660 982 507.

General Treatment (or “Extras”) means treatment (including the provision of goods or services) that is intended to manage or prevent any illness, injury, ailment, disease or disorder for which treatment is sought.

Identifier means information that you know but are not required to keep secret and which you must provide to perform a transaction (for example, a Card number).

Mastercard means Mastercard International Incorporated.

Mastercard Scheme Rules means the Mastercard Scheme Rules and the Mastercard Technical Operational and Security Rules.

PAN means the 16-digit Primary Account Number, which is the number embossed on the front of the Card or provided in your Device.

Pass Code means a password or code that you must keep secret that is used to authenticate your identity or a transaction. Examples include a code delivered to you by text message to your mobile phone or email which is required to perform a transaction (often called ‘Two Factor Authentication’).

Pays Providers means the mobile payment and Device Wallet service created by Apple, Google and Samsung Pay, respectively.

Personal Information means 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.

PIN means the four-digit personal identification number which we issue to you to access some of the Card services.

Private Practice means a practice (whether sole, partnership or group) which receives its entire income from the fees charged to its patients without subsidy or funding from any public sector body.

Product Disclosure Statement means the ExtrasJar Extras Class Product Disclosure Statement.

Quay Fund means Quay Fund Services Limited (ABN 84 616 465 671; AFSL 494 886).

Recognised Provider or Provider means General Treatment Providers that:

1. are registered or hold a license under relevant State or Territory legislation to provide the General Treatment sought;
2. are professionally qualified, or a current member of a professional body recognised by us;

• are in Private Practice; and

1. satisfy any other criteria reasonably required by us.

Security Requirements means the Security Requirements described under section 1.11 “Card Security”.

Unauthorised Transaction means a transaction not authorised by you but does not include any transaction carried out by you or by anyone performing the transaction with your knowledge and consent.

Unsettled Transaction means a transaction which has been processed and authorised but the equivalent Units have not yet been exchanged.

Unit is a unit in the “Extras” class of units of the ExtrasJar Fund. Please see the PDS for more detail

we, us, our means EML, Quay Fund and ExtrasJar, except where the context indicates a different intention, also includes any agent acting on behalf of EML

Website means the ExtrasJar website and any additional or replacement website we notify you as the website for the purposes of these Card Terms and Conditions from time to time.

You refers to a person who has opted in for and has been (or is to be) issued with the Card. Any other grammatical form of the word “you” has a corresponding meaning.

1.2.       Overview

These Card Terms and Conditions govern the use of the ExtrasJar Health Card. Please read them carefully and keep a copy for your records. By loading the Card to your Device Wallet or using the Card, you agree to be bound by these Card Terms and Conditions. You also acknowledge and agree to the disclosures and other information contained in the Product Disclosure Statement. Those disclosures and information form part of the agreement between you and ExtrasJar except to the extent that these Card Terms and Conditions provide otherwise or qualify the disclosures and information.

1.3.       The Card

• the Card is a prepaid, reloadable Mastercard card and you must have an Available Balance before it can be used;
• the Card allows purchases to be made wherever Mastercard cards are honoured for electronic transactions if a sufficient Available Balance exists for the transaction;
• the Card is not a Credit Card.

1.4.       Accessing the Available Balance

You may use the Card to access the Available Balance within your ExtrasJar Health Extras Account to pay for Authorised Health Care General Treatments.

1.5.       Using the Card to access the Available Balance

• Upon setting up an ExtrasJar Account and successfully completing the application process for an ExtrasJar Health Extras Account, your Card will be available for provision to your Digital Wallet;
• You can use the Card to purchase:
  • Authorised Health Care General Treatments; or
  • for the fee as disclosed in the PDS, any other goods and services wherever Mastercard cards are accepted.
• The Card can be used:
  • at an outlet within Australia that has an EFTPOS Device;
  • over the telephone or the internet by providing the PAN, expiry date and security code; or
  • at outlets overseas wherever Mastercard cards is accepted.
• When you are paying for goods and services at an EFTPOS Device or providing the 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. Mastercard’s Zero Liability Protection Policy does not apply to attempted ATM transactions or transactions not processed by Mastercard.
• Any attempt to perform a transaction that exceed the Available Balance will result in a declined transaction;
• You can use your Card within the limits specified in section 1.8 provided that you do not exceed the Available Balance and the expiry date for the Card has not passed;
• We may restrict or stop the use of the Card if use of the Card exceeds the limits within 8, where we have reasonable grounds to do under 1.19 or where other suspicious activities are noticed;
• You cannot “stop payment” on any transaction after it has been completed. If you have a problem with a purchase made with the 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 ExtrasJar.
• 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. The refund amount will be transferred from EML to ExtrasJar, who will pay the refund into your ExtrasJar Account and will reissue units in the Fund that correspond to the value of the refunded transaction.
• we are not liable in any way when an authorisation is declined for any particular transaction regardless of reason;
• if you permit someone else to use the Card, you will be responsible for any transactions initiated by that person with the Card;
• you may not make pre-authorised regular payments with the Card; and
• your Card may not be used for any direct or recurring debit payments or for any mail or telephone order transactions.

1.6.       Merchant fees and charges

Certain merchants may charge an additional fee when the Card is used to purchase goods and/or services, whether they are Authorised Health Care General Treatments or not. This fee is determined and charged by the merchant and is not retained by us.

1.7.       Foreign Transactions

Transactions made 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. Example of Foreign Exchange Fee:

You make a purchase from a merchant located outside Australia (e.g. USA);

At the time, Mastercard’s prevailing exchange rate is US$1.00 = $0.95 Australian;

You spend US$200.00;

The Australian dollar amount is US$200.00 x $0.95 = $190.00;

The foreign exchange fee is therefore 2.99% x $190.00 = $5.68

For a full listing of fees and charges please refer to section 6 of the PDS.

1.8.       Limitations of Use of the Card

The following limitations apply to the Card:

• the Card may not be used for, and authorisation may be declined for, any illegal transactions; and
• some retailers may choose not to accept prepaid Mastercard cards.

The following table illustrates the transaction and load limits applicable to the Card. Merchants or other providers of facilities may impose additional limits.

1.9.       PIN and Pass Codes

Your PIN has been provided to you in the ExtrasJar App. You must not disclose your PIN to any other person.

Should an incorrect PIN be entered three times when a transaction is attempted using the Card, the Card will be temporarily suspended for 24 hours.

A Pass Code may be provided to your registered Device to complete a transaction – this is often referred to as Two Factor Authentication. Where you are provided a Pass Code for Two Factor Authentication, you must not disclose that Pass Code to any other person.

1.10.     PIN Change

1.11.     Security

You must make sure that you keep the Card, Device, Identifiers and any PIN’s or Pass Codes safe and secure. The precautions we require you to take (Security Requirements) are set out below. You must not:

• allow anyone else to use the Card;
• unnecessarily disclose the PAN;
• write, or carry, the PIN with the Card or record the PIN or Device Pass Code on anything carried with the Card or Device that is liable to loss or theft simultaneously with the Card or Device, unless you make a reasonable attempt to protect the security of the PIN or Device Pass Code;
• voluntarily disclose the PIN, Device Pass Code or Pass Code to anyone, including a family member or friend;
• allow someone else to register a Biometric Identifier on your Device; or
• provide any Device Pass Code to another person to access your Device.

To safeguard your Card from unauthorised use, you should:

• memorise your PIN and never store it with or near your Card;
• never leave your Card unattended, e.g., in your car or at work;
• when you add the Card to a Device Wallet, you should:
  • always lock your Device;
  • assign a Device Pass Code to unlock your Device;
  • not share your Device Pass Code to anyone;
  • not leave your Device unattended;
  • remove any other registered Biometric Identifier which is not your own from your Device;
  • ensure that any security details to access your Device or authorise a payment with your Device is not easily guessed;
• immediately report the loss, theft or unauthorised use of your Card or Device to ExtrasJar; and
• examine your account on the ExtrasJar App to identify and report, as soon as possible, any instances of unauthorised use.

1.12.     Loss, Theft and Misuse of Cards

If you know or have reason to suspect that your Card or Device is lost or stolen or damaged, likely to be misused or you have reason to suspect that someone else may know the PIN, Identifiers, Device Pass Code or Pass Code, you must immediately notify ExtrasJar. We will then suspend your Card to restrict further use.

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

If any lost Card or Device is subsequently found, it must not be used and you must not attempt to use the Card associated with that Device.

There is no fee involved to have a replacement Card issued.

1.13.     Liability for Unauthorised Transactions

Your liability for losses arising from Unauthorised Transactions will be determined under the ePayments Code.

Where you are not liable

You will not be liable for losses resulting from Unauthorised Transactions where you have not contributed to the loss.

You will not be liable for losses resulting from Unauthorised Transactions are caused by:

• fraud or negligence by our employees or agents, a third party involved in networking arrangements, or a merchant or their employee or agent;
• a Card, Identifier or Pass Code which is forged, faulty, expired or cancelled;
• a transaction requiring the use of a Card and/or Pass Code that occurred before you have received the Card and/or Pass Code (including a reissued Card and/or Pass Code);
• a transaction being incorrectly debited more than once to your Card; or
• an Unauthorised Transaction performed after you have informed us that your Card has been misused, lost or stolen, or the security of a Pass Code has been breached.

You are not liable for loss arising from an Unauthorised Transactions that can be made using an Identifier without the Card or a PIN. Where a transaction can be made using the Card, or a Card and an Identifier (such as a Contactless Transaction using the Tokenised Card) without a PIN, you are liable only if you unreasonably delay reporting the loss or theft of a Device.

Where you are liable

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 1.11 and 1.12 of these Card Terms and Conditions. In those circumstances you are liable in full for the actual losses that occur between when you become aware (or should reasonably have become aware) of the theft or misuse of a Card or Device or the compromise of the PIN or Pass Code, and when you reported it to us; however:

• you are not liable for the portion of losses incurred on any one day more than any applicable daily transaction limit; and
• you are not liable for the portion of losses incurred in any period more than any applicable periodic transaction limit; and
• you are not liable for the portion of losses that exceeds the Available Balance; and
• you are not liable for the portion of losses incurred if you and we had not agreed that the Available Balance could be accessed using the Card or identifier and/or PIN used to perform the transaction.

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 Card or Device, or that the security of all PIN or Device Pass Codes 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 Card, but:

• you are not liable for the portion of losses incurred on any one day more than any applicable daily transaction limit; and
• you are not liable for the portion of losses incurred in any period more than any applicable periodic transaction limit; and
• you are not liable for the portion of losses that exceeds the Available Balance; and
• 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 Card or Identifier and/or PIN used to perform the transaction.

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

• $150; or
• the Available Balance; or
• the actual loss at the time that the misuse, loss or theft of a 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.

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

Important Information about Chargebacks

A chargeback is a right under the Mastercard Scheme Rules by which a transaction can effectively be reversed by us debiting an amount to the merchant’s financial institution and crediting back to your Available Balance. We can only process chargebacks if the Mastercard Scheme Rules allow us to.

In some circumstances, you may be able to request a chargeback of a transaction when you have a dispute with a merchant; for example:

• where goods or services you paid for using the Card were either not as described or defective;
• where goods or services you paid for using the Card were not provided;
• where there was an Unauthorised Transaction on the Card;
• the transaction amount differs to the purchase amount; or
• where you believe a transaction has been duplicated.

If you believe that you are entitled to a chargeback, you must notify us as soon as possible by contacting ExtrasJar as the Mastercard Scheme Rules impose time limits for initiating chargebacks. The time limit is generally 90 days from the date of the disputed transaction.

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 it has already been processed, we may reverse it.

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 this can in some circumstances result in the chargeback being reversed (which means the original transaction might be reinstated by being debited to your Available Balance).

1.14.     Transactions

You .

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

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

1.15.     Card Expiry

The Card is valid until the expiry date shown on it unless it is cancelled before then. Your Card cannot be used after expiry. You cannot access the Available Balance using the expired Card unless a replacement Card is issued to you. We reserve the right not to issue a replacement Card to you.

1.16.     Replacement Cards

If your Card or Device is misused, lost or stolen, you should notify ExtrasJar in accordance with section 1.12 so that your Card can be cancelled.

You can request ExtrasJar to provide you with a replacement Card.

A replacement Card will be arranged after you notify us that your Card or Card details are misused, lost or stolen in accordance with section 1.12 and the misused, lost or stolen Card has been blocked.  You will need to confirm your personal details and add your new Card to your Device Wallet.

1.17.     Card Revocation and Cancellation

You may ask for the Card to be cancelled at any time. If you ask for the Card to be cancelled you must remove the Card from your Device Wallet and you must not use the cancelled Card. When you cancel the Card, you must confirm your identity prior to cancellation.

We may cancel your Card at any time. Where possible, we will give you 20 days advance notice of the cancellation. However, we may act without prior notice if:

• we believe that use of the Card may cause loss to you or to us; or
• we believe that it is required for security purposes, including where it used for Unauthorised Transactions or due to fraud; or
• you breach any material term or condition of the PDS or these Card Terms and Conditions; or
• we suspect the Card has been used illegally.

If we cancel your Card, we will give you notice as soon as reasonably practical afterwards.

We may revoke the Card at any time without cause or notice. If we revoke the Card, you will not be able to use the Card to access the Available Balance.

1.18.     Liabilities and Disclaimers

We are not liable:

• if, through no fault of our own, the Available Balance is not enough to cover a transaction;
• if, through no fault of our own, an EFTPOS Device or system does not work properly;
• if circumstances beyond EML’s control prevent a transaction, despite any reasonable precautions having been taken by us;
• for any loss resulting from any failure due to events outside our reasonable control;
• for any loss resulting from any system failure or industrial dispute outside our reasonable control;
• for any industrial dispute;
• for the way in which any merchant refuses to accept the Card;
• for any indirect, special or consequential losses;
• for any infringement by you of any currency laws in the country where the Card is issued or used;
• for any dispute between you and the supplier of any goods or services purchased with the Card;
• for our taking any action required by any government, federal or state law or regulation or court order; or
• for anything specifically excluded or limited elsewhere in these Conditions of Use.

However:

• your liability for Unauthorised Transactions will be determined according to the ePayments Code; and
• 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.

Our liability in any event shall not exceed the amount of the Available Balance except in relation to:

• Unauthorised Transactions; and
• 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).

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 Card Terms and Conditions or in connection with the 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.

EML:

• does not make or give any express or implied warranty or representation in connection with the Card (including quality or standard or fitness for any purpose), other than as set out in these Card Terms and Conditions or when the warranty or representation is imposed or required by law and cannot be excluded; and
• is not liable for any loss you suffer (including indirect or consequential loss) arising in connection with the Card (whether a failure to provide the Card or its loss, theft or destruction).

EML’s obligation to you in relation to the functionality of the Device Wallet is limited to securely supplying information to Pays Providers to allow the use of the Card within a Device Wallet. EML is not otherwise liable for the use, functionality or availability of the Device Wallet, the availability of compatible EFTPOS Devices, or a reduced level of service caused by the failure of third party communications and network providers (except to the extent that we are deemed liable under the ePayments Code).

You will need to agree to the respective Pays Provider’s Terms and Conditions to use the Card within your Digital Wallet.

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

1.19.     Anti-Money Laundering and Counter Terrorism Financing Obligations

EMLare subject to the AML/CTF Laws and EML is obliged to collect certain identification information from you (and verify that information) in compliance with the AML/CTF Laws. Customer identification information includes detailed ‘know your customer’ (KYC) information about the Cardholder such as:

• name, and
• address, and
• date of birth.

EML, Quay Fund and ExtrasJar may be prohibited from offering services or entering into or conducting transactions with you if you do not provide this information. Further, EML, Quay Fund and ExtrasJar may cancel a Card if you do not provide this information.

You should be aware that:

• EML, Quay Fund and ExtrasJar are not required to take any action or perform any obligation under or in connection with the 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;
• 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 another country).
• Where transactions are delayed, blocked, frozen or refused, EML, Quay Fund and ExtrasJar are not liable for any loss you suffer (including consequential loss) howsoever caused in connection with your Card;
• EML, Quay Fund and ExtrasJar may from time to time require additional information from you to assist us in the above compliance process; and
• where legally obliged to do so, EML, Quay Fund and ExtrasJar will disclose the information gathered to regulatory and/or law enforcement agencies, banks, service providers or to other third parties.

You provide EML Quay Fund and ExtrasJar with the following undertakings and indemnify EML, Quay Fund and ExtrasJar against any potential losses arising from any breach by you of such undertakings:

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

1.20.     Privacy and Information Collection

EML (in this Privacy Statement referred to as “we”), collects your Personal Information along with information regarding your Device (such as device type and model, operating systems and security information) so that we can establish and administer the Card provided to you.

Examples of Personal Information we collect include names, addresses, email addresses, and phone numbers.

When we collect personal information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

We collect and store your personal information for the primary purpose of creating and managing your Card. As part of this process, we use this information to verify your identity so that we can comply with the AML/CTF Laws. We may also use your personal information to communicate with you and in circumstances where you would reasonably expect such use or disclosure.

 We will only use your Personal Information to:

• to ensure that the Card properly functions with your Device;
• to assist in arrangements with other organisations in relation to the provision of a product or service;
• to perform administrative and operational tasks (including systems development and testing);
• to prevent or investigate any fraud or crime (or a suspected fraud or crime);
• satisfy identification requirements under the AML/CTF Laws and such information may be exchanged with verification agencies (which may be overseas).

We may also exchange information with Pays Providers:

• to enable the use of the Card with the Device Wallet and to improve and promote the Pays Providers generally; and
• to detect and address suspected security breaches or fraud.

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

Personal Information will be disclosed to third parties about the Card or transactions made with the Card, and may be disclosed to third parties outside Australia, whenever allowed by law and when necessary:

• to satisfy identification requirements under the AML/CTF Laws; or
• for completing a transaction, including for the purpose of completing two-factor authentication; or
• to verify the existence and condition of a Card; or
• to utilise services of affiliates who assist in providing a Card; or
• if you give us permission; or
• if you owe us money; or
• if there are legal proceedings or a complaint in connection with the Card; or
• to protect against potential fraud and other crimes.

We will not disclose your Personal Information outside Australia, except where outlined in the above circumstances and where such disclosure is within the terms of our Privacy Policy.

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

Our Privacy Policies 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 Policies are available at:

EML:                 https://www.emlpayments.com/privacy  

ExtrasJar:         https://www.extrasjar.com/legal/privacy-policy

You may contact EML’s Privacy Officer in relation to your Personal Information on 1300 739 889 or support@emlpayments.com.au.

You may contact ExtrasJar Privacy Officer in relation to your Personal Information (or to opt out of marketing) hello@extrasjar.com.

The Privacy Policies of the Pays Providers are available at:

Apple Pay:        https://www.apple.com/au/privacy/

Google Pay:      https://policies.google.com/privacy?hl=en&gl=au

Samsung Pay:   https://www.samsung.com/au/info/privacy/

1.21.     Changes to these Card Terms and Conditions

We may change these Card Terms and Conditions at any time without your consent for one or more of the following reasons:

• to comply with any change or anticipated change in any relevant law, code of practice, guidance or general banking practice; or
• to reflect any decision of a court, ombudsman or regulator;
• to reflect a change in our systems or procedures, for security reasons; or
• because of changed circumstances (including by adding benefits or new features); or
• to respond proportionality to changes in the cost of providing the Card; or
• to make them clearer.