Merchant Terms and Conditions Cashless Debit Card Trial 1. About these terms and conditions

Transcription

1 Merchant Terms and Conditions Cashless Debit Card Trial 1. About these terms and conditions These Terms and Conditions set out the basis on which the Merchant agrees with Indue to participate in the Cashless Debit Card Trial (CDCT). They are in addition to any terms and conditions the Merchant has with its Acquiring Institution. These Terms and Conditions commence when the first CDCT Transaction occurs. 2. Merchant's obligations 2.1 General obligations (Card Present Transactions and Card Not Present Transactions) The Merchant must: (d) (e) (f) (g) (h) honour a valid Cashless Debit Card tendered by a Cardholder in exchange for the supply of goods and services (subject to these Terms and Conditions, any legal right the Merchant may have to refuse to supply the goods or services to a customer and the availability of the Payment System); not accept a Cashless Debit Card as security or collateral for any credit or loan provided by the Merchant to any person, including as part of a Book-Up arrangement; ensure that instructions and information entered into the Payment System by the Merchant through the Merchant Terminal or Online Facility are correct and reflect the underlying CDCT Transaction; not impose any charge or fee on a Cardholder, in addition to the price of the goods and services to be supplied, because the Cardholder has made a CDCT Transaction, unless the Merchant imposes that same charge or fee on all Visa debit card transactions it processes; not impose a minimum spend for a CDCT Transaction, unless the Merchant imposes that same charge or fee on all Visa debit card transactions it processes; ensure that any refund in relation to a CDCT Transaction (including a refund or any payment arising from the cancellation of a Lay-By), is processed as a refund transaction for the full refund amount to the Cardholder's Account through the Payment System, with no amount refunded as cash; if requested by Indue, keep Itemised Receipts of each DCT Transaction filed in an ordered and auditable filing system from the date the Merchant receives such a request from Indue; and make all reasonable efforts to resolve disputes from a Cardholder in relation to the use of a Debit Card. 2.2 Specific Obligations Card Present When processing a Card Present Transaction, the Merchant must: not process a CDCT Transaction unless:

2 (ii) the Cardholder correctly enters a PIN to authorise the transaction; or the Merchant participates in Visa s Easy Payment Service and the value of the transaction is $35 or less; and not retain possession of a Cardholder's Cashless Debit Card (whether for the convenience of the Cardholder, in connection with a Lay-By or for any other reason) or keep a record of their PIN, even if requested by the Cardholder. 2.3 Specific Obligations Card Not Present When processing a Card Not Present Transaction, the Merchant must: not process a CDCT Transaction unless the Cardholder provides: (ii) the CVV2 for the Cashless Debit Card; and expiry date of the Cashless Debit Card; and not retain possession of a Cardholder's Cashless Debit Card Number Details (whether for the convenience of the Cardholder, in connection with a Lay-By or for any other reason), even if requested by the Cardholder. 2.4 Prohibited transactions Subject to clause 2.4 the Merchant must not accept a Cashless Debit Card or process (or continue to process) a CDCT Transaction: (ii) (iii) (iv) (v) (vi) (vii) (viii) for the sale of any Excluded Goods; to enable a Cardholder to obtain any cash, whether as a cash out transaction, a refund transaction (including a refund or any payment arising from the cancellation of a Lay-By) or otherwise; if the Merchant ceases to be Approved for the purposes of the Cashless Debit Card Trial (unless the CDCT Transaction is the refund of a transaction that occurred prior to the Merchant ceasing to be Approved for the purposes of the Cashless Debit Card Trial); where the Merchant becomes aware that the Cashless Debit Card is being used fraudulently; where the Merchant is aware that the person attempting to use the Cashless Debit Card is not the authorised Cardholder; to repay any debt (or part thereof) owed to the Merchant, including an instalment payment under a term credit arrangement for goods or services previously provided to the Cardholder or provided to the Cardholder in relation to a transaction that was not a CDCT Transaction; if to do so would result in the CDCT Transaction being processed through the Payments System more than once; contrary to any messages displayed on the Merchant Terminal or Online Facility (other than as set out in paragraph 2.4(ix));

3 (ix) (x) (xi) where the Merchant Terminal displays a message advising that a CDCT Transaction is approved with signature ; if the Merchant is aware that the Merchant Terminal, Online Facility or the Payment System is not online or is not functioning normally; or using a handwritten voucher or an imprint machine (also known as a click-clack machine). Where the Merchant has processed a Card Not Present Transaction, prior to distribution of the goods or services it must ensure that the Cashless Debit Card has not been used for any of the purposes specified in clause 2.4 above (Prohibited Transactions). In circumstances where the Merchant becomes aware that a Cashless Debit Card has been used for a Prohibited Transaction: (ii) where the transaction is a Prohibited Transaction because it is for the supply of an Excluded Good, the Merchant must remove the Excluded Goods from the Cardholder s order and immediately refund the Cardholder the amount of the Excluded Good and provide the Cardholder a receipt confirming the refund; and in all other circumstances cancel the Cardholder s order and immediately refund the Cardholder the amount of the order and provide the Cardholder a receipt confirming the refund. 2.5 Measures to ensure compliance The Merchant must: take all reasonable steps to implement systems and processes, to give effect to its obligations under these Terms and Conditions; conduct staff training to ensure that, at all times, staff who may process CDCT Transactions or who are in a managerial role understand: (ii) (iii) (iv) for Card Present Transactions, how to identify a Cashless Debit Card; for Card Not Present Transactions, how to identify the Cashless Debit Card BIN (BIN ); the Merchant's obligations under these Terms and Conditions; and how to facilitate CDCT Transactions in compliance with these Terms and Conditions; and ensure that any other person it contracts to operate a Store, or that it allows to use its In-Store Facility: (ii) understands the requirements set out at 2.5 above; and complies with these Terms and Conditions.

4 2.6 Breach by Merchant If the Merchant breaches any provision of these Terms and Conditions, without limiting any of Indue s rights or remedies, Indue may issue a notice (Warning Notice) to the Merchant detailing the nature of the breach and requiring the Merchant to remedy the breach within a period specified in the notice (the Remedy Period) after receipt of the notice. Indue may also provide the Merchant with additional training on their obligations under these Terms and Conditions. The Merchant must remedy any breach notified in a Warning Notice to the satisfaction of Indue within the applicable Remedy Period. Indue may take any breach of these Terms and Conditions and the Merchant s compliance with any Warning Notice issued to them into account in making a determination to revoke the Merchant s Approval. 3. Liability, costs and charges 3.1 Participation in Cashless Debit Card Trial The Merchant acknowledges and agrees that Indue will not be responsible or liable to acquire or settle any CDCT Transactions for the Merchant. The Merchant should rely on its In-Store Facility or Online Facility with its Acquiring Institution (if it has one) for acquisition and settlement of CDCT Transactions. 3.2 Indue not liable The Merchant acknowledges and agrees that Indue will not be liable for any loss incurred by the Merchant, however caused, arising directly or indirectly as a result of: (d) (e) the Merchant's inability to complete a sale or refund transaction using a Cashless Debit Card; Indue terminating these Terms and Conditions; the Merchant ceasing to be Approved; Indue disclosing information to the Commonwealth in accordance with clause 11 of these Terms and Conditions; or delays in the Merchant's ability to process a sale or refund transaction using a Cashless Debit Card. 3.3 Costs and charges The Merchant will be responsible for any fees, charges, costs or expenses it incurs associated with the processing of CDCT Transactions through the Payment System and its participation in the Cashless Debit Card Trial as a merchant.

5 4. Notification events 4.1 Events requiring immediate notification The Merchant must notify Indue immediately by calling (24 hours a day, 7 days a week) or ing us at dct@indue.com.au if the Merchant: suspects or becomes aware that a Cashless Debit Card has been used, or attempted to be used in a fraudulent manner or contrary to these Terms and Conditions; becomes aware of any technical or operational error in relation to a Cashless Debit Card; or becomes aware that the Merchant Terminal or Online Facility is unable to process a CDCT Transaction or is otherwise not functioning generally. 4.2 Other notification events The Merchant must notify Indue by calling (24 hours a day, 7 days a week) or ing us at dct@indue.com.au promptly (and in any event within 1 Business Day) after the occurrence of any of the following: (d) (e) (f) (g) (h) (j) (k) the Merchant changes its Acquiring Institution from the Acquiring Institution nominated in the Merchant Application Form or changes the nature of its In-Store Facility or Online Facility (including if it becomes a self-acquirer); if any of the information contained in the Merchant Application Form becomes incorrect or misleading in any respect; if any other person or organisation is contracted to operate a Store, or has been permitted by the Merchant to use its In-Store Facility or Online Facility (if a notification is given under this paragraph, the notification must include the name of the relevant person or organisation); where the Merchant is not listed on the Australian Securities Exchange, there is any change in the direct or indirect beneficial ownership or control of the business; it disposes of the whole or any part of its assets, operations or business to the extent that such assets, operations or business include one or more Stores; it ceases to carry on business or closes one or more Stores; it ceases to be able to pay its debts as they become due; any step is taken by a mortgagee to take possession or dispose of the whole or any part of its assets, operations or business; any step is taken to enter into any arrangement between the Merchant and its creditors; any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of the whole or any part of its assets or business; or where the Merchant is a partnership, any step is taken to dissolve that partnership.

6 5. Audit and compliance review 5.1 Audit and review rights The Merchant acknowledges and agrees that Indue or a person or entity nominated by Indue (which may include the Australian National Audit Office or the Department of Social Services ( DSS )) may conduct audits and reviews of the Merchant's compliance with its obligations under these Terms and Conditions, including in relation to: the Merchant's processes, practices and procedures as they relate to these Terms and Conditions; the accuracy of the Merchant s records and reports in relation to these Terms and Conditions; or any other matters reasonably determined by Indue to be relevant to compliance with these Terms and Conditions. Without limiting the above, the Merchant acknowledges and agrees that Indue or a person nominated by Indue may, without prior notice to the Merchant, undertake random compliance testing at any Store (during normal opening hours) to confirm the Merchant's compliance (or otherwise) with its obligations under these Terms and Conditions. Any such random compliance testing does not need to be disclosed or brought to the attention of the Merchant. 5.2 Audit and review costs Generally, each party must bear its own costs of any audits or compliance reviews. However, if the audit or compliance review concludes that the Merchant has breached these Terms and Conditions, Indue may, by notice in writing to the Merchant, require the Merchant to reimburse Indue for Indue s reasonable costs incurred in conducting the audit or compliance review. 5.3 Access The Merchant acknowledges and agrees that Indue (including its employees, officers, agents or a person nominated by Indue in accordance with clause 5.4) may, at reasonable times and on giving reasonable notice to the Merchant: access all areas of the Merchant s premises necessary to conduct an audit or compliance review under clause 5; inspect and copy documentation, books and records, however stored, relating to CDCT Transactions or the Merchant s performance of these Terms and Conditions; or require assistance in respect of any inquiry into or concerning these Terms and Conditions or the Cashless Debit Card Trial. The Merchant must provide access to its records (including providing use of any device necessary for access), to the extent necessary for Indue to exercise its rights under this clause.

7 5.4 Indue nominees Where access to the records of a Merchant in accordance with clause 5.3 is conducted by a person nominated by Indue (ie not an Indue employee), Indue must ensure: (d) the person is not a commercial competitor of the Merchant; the person has executed a deed of confidentiality in the form required by Indue; the Merchant is given reasonable notice of the proposed person, specifying the name and organisation that the person works for; and the person observes all relevant occupational health and safety requirements of the Merchant and the Store. Within 2 Business Days of receiving notice from Indue under clause 5.4, the Merchant may make representations to Indue in relation to the proposed person accessing the records of the Merchant. Indue must consider any representation made by the Merchant in good faith. 5.5 Monitoring of CDCT Transactions In addition to on-site compliance testing, the Merchant acknowledges and agrees that Indue will monitor CDCT Transactions for any unusual patterns or inappropriate processing of instructions and information entered into the Payment System by the Merchant. 5.6 Provision of Information As part of its compliance review and testing, Indue may contact the Merchant (which may be by phone or in writing, including by ) and request that the Merchant provide copies of sales dockets for transactions. The Merchant must provide the requested information within a period specified in the request. Without limiting any of Indue s other rights or remedies, failure to provide the requested information within the specified timeframe may result in Indue revoking the Merchant s Approval. 6. Termination 6.1 Termination by Indue Indue may by written notice to the Merchant terminate these Terms and Conditions for any reason. In exercising its discretion, Indue will take into consideration the Merchant s compliance with the Terms and Conditions. 6.2 Termination by Merchant The Merchant may terminate these Terms and Conditions for any reason by providing Indue a Merchant Voluntary Withdrawal Form (annexed at Schedule 2) at least 21 days prior to the date of termination. 6.3 Automatic termination These Terms and Conditions automatically terminate with immediate effect upon the earlier of the Merchant ceasing to be Approved for the purposes of the Cashless Debit Card Trial or the Trial End Date.

8 6.4 Consequences of termination Upon termination of these Terms and Conditions: the Merchant must not accept or process a CDCT Transaction; the Merchant waives all rights to damages, claims or other compensation from Indue for any loss it suffers or may suffer as a result of the termination, however caused; and the accrued rights or remedies of Indue and the Merchant (other than as referred to in paragraph above) are not affected. 6.5 Survival Clauses 2, 3, 6, 9 and 10 survive any termination of these Terms and Conditions. 7. Variation 7.1 Right to Vary these Terms and Conditions The Merchant acknowledges and agrees that Indue may, by giving notice to the Merchant, vary these Terms and Conditions at any time without the consent of the Merchant, provided that Indue will only mark a variation as 'Urgent-Security' for the purposes of clause 7.2 if Indue, acting reasonably, considers that the variation is required to protect the integrity of the Cashless Debit Card Trial or the security of the practices and processes that underpin the Cashless Debit Card Trial. 7.2 Effective Date of Variations The Merchant acknowledges and agrees that a variation under clause 7.1 takes effect: 7 days after the date of the notice or any later date as specified in the notice; or if the variation is marked as 'Urgent-Security', when the Merchant first accepts a Cashless Debit Card after receiving notice of the variation. If a variation is marked as 'Urgent-Security', for a period of 28 days after the variation becomes effective, the Merchant will be taken to comply with any such variation if it takes reasonable steps to do so. 8. Warranties 8.1 Merchant Application Form The Merchant represents and warrants to Indue that the information contained in its Merchant Application Form is true and not misleading (by omission or otherwise) as at the time it completed its Merchant Application Form The Merchant must notify Indue immediately if any of the information contained in its Merchant Application Form becomes incorrect or misleading in any respect. 8.2 CDCT Transaction information The Merchant represents and warrants to Indue that all CDCT Transaction information provided by the Merchant to Indue from time to time is true and complete when provided.

9 9. General 9.1 Assignment The Merchant may not assign its rights under these Terms and Conditions. 9.2 Governing law These Terms and Conditions are governed by the laws in force in Queensland and the Merchant irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Queensland. 10. Privacy In connection with the use of a Debit Card, the Merchant must: only collect or retain personal information if required to do so by these Terms and Conditions or by law, only disclose personal information collected or retained in accordance with paragraph if the disclosure is required by these Terms and Conditions, by law, orconsented to by the individual to whom the personal information relates ; and in relation to any personal information collected or retained in accordance with paragraph, ensure that it does not do an act, or engage in a practice, that would be a breach of an Australian Privacy Principle if done by Indue. In this clause 10, the terms personal information and Australian Privacy Principle have the same meaning as they have in the Privacy Act Merchant data The Merchant acknowledges and agrees that Indue may disclose to the Commonwealth (including any Commonwealth department) any information in any form: (ii) (iii) about the Merchant; collected from the Merchant; derived from the Merchant s participation in the Cashless Debit Card Trial (which may include details of CDCT Transactions) ( Merchant Information ). The Merchant acknowledges that the Commonwealth may use the Merchant Information that Indue discloses to it for any purposes it deems necessary. 12. Notices Any notice or other communication required under these Terms and Conditions should be made by telephone or to Indue: Any notice or other communication to the Merchant in connection with these Terms and Conditions may be sent to the contact details set out in the Merchant Application Form.

10 13. Interpretation and Definitions 13.1 Interpretation For the purposes of these Terms and Conditions: (d) (e) a sale includes the supply of goods and/or services; the singular includes the plural and vice versa; where a party consists of at least two persons, their obligations are joint and several; a reference to legislation is a reference to that legislation as in force from time to time; and the expressions acquire, good, service and supply have the same meaning as in the Competition and Consumer Act 2010 (Cth) Definitions In these Terms and Conditions, unless the contrary intention appears, words and expressions have the following meanings: Acquiring Institution means the institution, if any, supplying the Merchant with an In-Store Facility or Online Facility. Approval means an approval granted by Indue for the Merchant to participate in the Cashless Debit Card Trial, and Approve and Approved have corresponding meanings. BIN means bank identification number; Book-Up means an arrangement whereby the Merchant offers customers credit (on a one off or continuing basis) for the purchase of goods or services, whether or not any security (such as a Cashless Debit Card and a customer PIN) is held by the Merchant. Card Not Present Transaction means a CDCT Transaction made where the Cardholder does not physically present a Cashless Debit Card for a merchant s visual examination at the time of the transaction. Card Present Transaction means a CDCT Transaction made where the Cardholder physically presents a Cashless Debit Card for a merchant s visual examination at the time of the transaction. Cardholder means a person to whom a Cashless Debit Card has been issued (or the person who purports to the person to whom a Cashless Debit Card has been issued). Cardholder's Account means the Indue issued deposit account to which the Cashless Debit Card is attached to. Card Information means information that is attached or associated with a Cashless Debit Card including card number, card expiry date, CVV2, and Cardholder s personal details) that enables a CDCT Transaction to be completed (including Card Not Present Transactions). Cashless Debit Card means a Visa debit card issued to a Cardholder by Indue for the purposes of the Cashless Debit Card Trial (as per the image in Exhibit 1) and where the context permits includes Card Information;

11 Cashless Debit Card Number Details means the unique information associated with a Cashless Debit Card such as the number on the front of the card, the three digits on the back of the card (known as the CVV ) and/or the expiry date. Cashless Debit Card Trial or CDCT means the trial of cashless welfare arrangements established by the Australian Government for the provision, use and operation of Cashless Debit Cards issued by Indue to enable Cardholders to undertake CDCT Transactions. CDCT Transaction means any transaction with a Merchant initiated by the use of a Cashless Debit Card and includes any purchase, reversals, refunds or other credits. DSS means the Commonwealth of Australia as represented by the Department of Social Services. Excluded Goods means: 1. alcohol; and 2. gambling products; and 3. any other products advised by Indue to the Merchant from time to time where those products could be used as a mechanism to enable a Cardholder to access cash (for example, prepaid and gift cards). Indue means Indue Limited ABN , having its head office at Level 3, 601 Coronation Drive, Toowong, Queensland. In-Store Facility means the facility which enables instructions to be transmitted through a Merchant Terminal and the Payment System in relation to the acquisition and settlement of card transactions for the Merchant's supply of goods and services. Lay-By means a purchase of goods from the Merchant based on terms that the total price is paid over time in regular payments with the goods received by the Cardholder upon completion of payment. Merchant means the entity or entities that have been Approved as a merchant to participate in the Cashless Debit Card Trial. Merchant Application Form means the Cashless Debit Card Merchant Application Form signed by, or on behalf of, the Merchant seeking Indue s approval for the Merchant to participate in the Cashless Debit Card Trial. Merchant Terminal means any electronic point of sale terminal operated by the Merchant at any Store as part of its In-Store Facility. Online Facility means the facility operated by a Merchant through the internet which enables instructions to be transmitted through the Payment System in relation to the acquisition and settlement of card transactions for the Merchant's supply of goods and services. Payment System means the funds transfer system through which a Cardholder's Cashless Debit Card is: debited in relation to sale transactions for goods and services supplied by the Merchant to the Cardholder; or

12 credited for any refund transactions in relation to goods and services previously supplied by the Merchant to the Cardholder. PIN means a Cardholder s personal identification number that is associated with his/her Cashless Debit Card. Store means: (d) any outlet operated by a Merchant at which one or more Merchant Terminals have been activated to accept and process CDCT Transactions; or any ecommerce website operated by a Merchant at which an Online Facility has been activated to accept and process CDCT Transactions. Terms and Conditions means the terms and conditions set out in this document. Trial End Date means 15 March 2017 or any other date advised by Indue to the Merchant in writing. Visa s Easy Payment Service means the service offered by Visa that permits participating merchants to process Visa card transactions for purchases of $35 or less without the need to enter a PIN or sign a receipt.

13 Schedule 1 Sample Image of Cashless Debit Card

14 Schedule 2 Merchant Voluntary Withdrawal Form CASHLESS DEBIT CARD TRIAL - Merchant Voluntary Withdrawal Form This form only applies to those Merchants that were required to execute the Merchant Terms and Conditions Cashless Debit Card Trial ( Terms and Conditions ) before being able to participate in the Cashless Debit Card. In accordance with section 6.2 of the Terms and Conditions, your agreement with Indue will terminate 21 days after you have signed and returned this notice to Indue. As set out in section 6.4 of the Terms and Conditions, the consequence of terminating your agreement with Indue is that you (being the Merchant): 1) must not accept or process a CDCT Transaction; 2) waive all rights to damages, claims or other compensation from Indue for any loss suffered or may suffer as a result of the termination, however caused; and 3) the accrued rights or remedies of Indue and you under the Terms and Conditions (other than as referred to in paragraph 6.4 above (2) are not affected. Indue will provide you with a notice of receipt of this form and confirmation as to the date your termination will be effective. Unless otherwise defined, words used in this form have the meaning given to them in the Terms and Conditions. REASON: Execution The signatory represents and warrants that he/she is authorised to sign this Merchant Voluntary Withdrawal Form on behalf of the Merchant and acknowledges the consequences of terminating the Terms and Conditions (as specified in section 6.4 of the Terms and Conditions and summarised in this notice): Signed: Name of Signatory: Merchant Name: (full legal name of company that owns business)* Date: *Note: Merchant name must be the same as name of Merchant specified on the Terms and Conditions