Term of Services
These Terms of Service set out the terms upon which an UnLock Rewards Card may be issued to you and how you may use the UnLock Rewards Card. As an UnLock Rewards Card Holder, you have obligations consisting of but not limited to the Terms of Service. You agree to be bound by the Terms of Service, or any terms provided to you from time to time in your capacity as an UnLock Rewards Card Holder. You consent to abide by our Privacy Policy and agree to any other terms and conditions brought specifically to your attention from time to time.
UnLock Services
Through the Website (or by any other means) we perform administrative functions including the coordination and facilitation of payments in connection with the UnLock Rewards Card. Please note that our roles are not limited to the roles set out above.
We do not:
- Provide any advice or express any opinion to UnLock Rewards Card Holders in relation to the UnLock Rewards Card; or
- Make any representation that information made available through the Website is complete, accurate, and not misleading.
Consent and Content
- By activating and using the UnLock Rewards Card, you may receive Information including but not limited to emails, correspondence, short message signals, notices, or disclosure documents from us. Your participation where you provide any contact details means you consent to receiving Information. This consent is not withdrawn unless you advise us that you do not consent to receive Information.
- We take reasonable care in linking to other websites but we have no direct control over the content presented in those websites or the availability of those websites.
- We make no representation that the material on any linked websites does not infringe the Intellectual Property rights or any other rights of any person. We do not authorise the reproduction of such material.
- We do not endorse or recommend any links to external websites, or third-party content, including products and services offered by, from, or through those websites or their content.
UnLock Rewards Card
The UnLock Rewards Card
- The UnLock Rewards Card is a tokenised pre-paid Mastercard debit card with a pre-loaded stored value. The UnLock Rewards Card is re-loadable.
- The UnLock Rewards Card is not a line of credit, nor does it constitute an offer by us to provide you with any form of credit facility or credit account with us.
- The UnLock Rewards Card allows purchases to be made wherever Mastercard cards are honoured for electronic transactions. Some merchants may not accept the UnLock Rewards Card.
- The UnLock Rewards Card is not a facility by which we take deposits from you.
Using the UnLock Rewards Card
- The email you receive with the Terms of Service (or that contains a link to the Terms of Service) also contains a link to, and instructions relating to the digital activation of your UnLock Rewards Card. You may choose not to activate and download your UnLock Rewards Card into your digital wallet.
- If you choose to download and activate your UnLock Rewards Card, you will be bound by the Terms of Service
- You can purchase goods and services using your UnLock Rewards Card and the payment for such will be deducted from the balance of the pre-loaded stored value on your UnLock Rewards Card.
- The UnLock Rewards Card allows you to purchase goods and services:
- At an outlet within Australia that has EFTPOS available by making a contactless payment; or
- Over the telephone or the internet by providing the PAN, expiry date, and security code.
- You agree not to make, or attempt to make, transactions that exceed the pre-loaded stored value on your UnLock Rewards Card. Any attempted transactions in excess of the pre-loaded stored value will be declined
- You will be charged a fee per transaction of A$0.41 when you use the UnLock Rewards Card. Some merchants may also charge you a fee for using the UnLock Rewards Card. Such fees will be deducted from the balance of the pre-loaded stored value of your UnLock Rewards Card at the time of the applicable transaction.
- You cannot “stop payment” on any transaction after it has been completed. If you have a problem with a purchase made with the UnLock Rewards 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 us.
- 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. Any refunds will be refunded to your UnLock Rewards Card. If the UnLock Rewards Card is expired or revoked then you will not be able to accept a refund to the UnLock Rewards Card unless a replacement UnLock Rewards Card has been issued to you.
- We are not liable in any way when an authorisation is declined for any particular transaction regardless of the reason.
- If you permit someone else to use the UnLock Rewards Card, you will be responsible for any transactions initiated by that person with the UnLock Rewards Card.
- Your UnLock Rewards Card may not be used for any direct or recurring debit payments.
Verification of Identity and Unauthorised Use
- As part of the UnLock Rewards Card activation process, we or certain people authorised to act on our behalf, may check your identity using third-party credit checking services, or other authorised third parties. You providing us the information and documents we ask for is a pre-condition to using the UnLock Rewards Card, and you agree to permit your information to be provided to the third party for the purposes of identification. This verification is for your protection and regulatory purposes. Any data collected in the process is protected and held by the service provider.
- We accept no liability whatsoever for any activity with respect to your UnLock Rewards Card by anyone using your personal information.
- If you suspect that there has been unauthorised use of your UnLock Rewards Card of any kind whatsoever, you must notify us of this immediately following the notification procedure set out in these terms.
Card PIN and Pass Codes
- Your PIN is set up by you or otherwise provided to you in connection with the activation of your UnLock Rewards Card. You must not disclose your PIN to any other person.
- A PassCode 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 in these circumstances, you must not disclose that Pass Code to any other person.
UnLock Rewards Card Security
You must ensure you keep the UnLock Rewards Card, Identifiers, and any PINs 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 UnLock Rewards Card;
- Unnecessarily disclose the PAN;
- Carry the PIN or Device Pass Code with the Device, or record the PIN or Device Pass Code on anything liable to loss or theft simultaneously with a Device, unless you make a reasonable attempt to protect the security of the PIN or Device Pass Code; or
- Voluntarily disclose the PIN, Device Pass Code, or Pass Code to anyone, including a family member or friend
We are not liable in circumstances where you have other cards stored on your Device and you inadvertently use the UnLock Rewards Card when using your Device as a payment method.
We are not liable in circumstances where you have other cards stored on your Device and you inadvertently use the UnLock Rewards Card when using your Device as a payment method.
We recommend that you use appropriate and up-to-date anti-virus software to protect your Device.
Loss, Theft, and Misuse of UnLock Rewards Cards or Devices
If you know or have reason to suspect that your Device is lost, stolen, or damaged, likely to be misused or you have reason to suspect that someone else may know the PIN, Identifiers, or Pass Codes you must immediately notify us. We will then suspend your UnLock Rewards Card to restrict further use.
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.
Unauthorised Transactions
Unauthorised Transactions may occur if the UnLock Rewards Card is lost or stolen, your PIN is revealed to any other person, or as a result of fraud. It is your responsibility to regularly review your transaction history to identify Unauthorised Transactions.
If you become aware of any Unauthorised Transaction you must notify us immediately and we will seek to reverse the transaction if we can under the Mastercard Scheme Rules. If you do not notify us of an Unauthorised Transaction within 7 days of it occurring and we are consequently unable to dispute or reverse an Unauthorised Transaction on your behalf, you may not be able to get your money back and we are not responsible for any loss to you.
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 that 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;
- An UnLock Rewards Card, Identifier or Pass Code which is forged, faulty, expired or canceled;
- A transaction requiring the use of the UnLock Rewards Card and/or Pass Code that occurred before you have received the UnLock Rewards Card and/or Pass Code (including a reissued Card and/or Pass Code);
- A transaction being incorrectly debited more than once to your UnLock Rewards Card; or
- An Unauthorised Transaction performed after you have informed us that your UnLock Rewards 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 Unauthorised Transactions that can be made using an Identifier without the UnLock Rewards Card or a PIN. Where a transaction can be made using the UnLock Rewards Card, or the UnLock Rewards Card and an Identifier (a card present transaction), but does not require a PIN, you are liable only if you unreasonably delay reporting the loss or theft of the UnLock Rewards Card or a Device.
- 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 as specified within the section related to chargebacks).
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 within the section related to “UnLock Rewards Card Security” above or you did not immediately notify us or provide the required information in the confirmation of loss, theft or misuse in writing. In those circumstances you are liable in full for the actual losses that occur before the loss, theft or misuse of the UnLock Rewards Card or Device or breach of PIN or Pass Code security is reported to us.
- If a PIN was required to perform an Unauthorised Transaction not already covered above, you will be liable for the least of:
- $150; or
- The available balance of your pre-loaded stored value; or
- The actual loss at the time that the misuse, loss or theft of a UnLock Rewards 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.
Privacy
By submitting data to us, you give consent to use your sensitive personal data.
We will only use and disclose your personal information to a person, body or other authorised third party:
- to provide you with a service that you have requested;
- in order for you to use the UnLock Rewards Card and when necessary:
- for completing a transaction;
- in order to verify the existence and condition of a UnLock Rewards Card;
- to utilise services of affiliates who assist in providing a UnLock Rewards Card;
- if there are legal proceedings or a complaint in connection with the UnLock Rewards Card; or
- to protect against potential fraud and other crimes;
- As authorised by law, for example, if a law enforcement authority or court order lawfully directs us to disclose the information of a user.
For more information about how we protect your privacy and personal information, please see our Privacy Policy.
In agreeing to these Terms of Service and using the UnLock Rewards Card, you are agreeing to our Privacy Policy.
UnLock Rewards Card Expiry
- The UnLock Rewards Card is valid until the expiry date shown on it unless it is cancelled before then.
- Your UnLock Rewards Card cannot be used after expiry.
- We may issue you with a replacement UnLock Rewards 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.
Replacement UnLock Rewards Cards
- If your UnLock Rewards Card is misused, or your Device is lost or stolen, you should notify us so your UnLock Rewards Card can be cancelled.
- You can request that we provide you with a replacement UnLock Rewards Card.
- A replacement UnLock Rewards Card will be arranged after you notify us that your UnLock Rewards Card or Device Card details is misused, lost or stolen in accordance with section “Loss, theft and misuse of UnLock Rewards Cards and Devices” and the misused, lost or stolen UnLock Rewards Card has been blocked. You will need to register and activate the new UnLock Rewards Card and add your tokenised UnLock Rewards Card to your Device wallet.
Termination
- You may only use the UnLock Rewards Card for lawful purposes.
- We may, in our absolute discretion, cancel your UnLock Rewards Card if:
- You breach these Terms of Service, or any other agreement with us;
- We suspect that you have committed fraud, been involved in money laundering or other criminal activities, including through use of the UnLock Rewards Card.
- You disclose confidential information provided to you by us;
- You disparage, defame, make comments or opinions that may damage our reputation or be imputed to damage or negatively affect us.
General
- The Terms of Service are governed by the laws of the New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts of the New South Wales.
- If any of the Terms of Service are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Service will continue in full force.
- You warrant and represent that you have taken all reasonable precautions to ensure that any data you upload to the Website is not infected with any virus or anything else which may have a destructive effect on any part of the Website.
- We may revise the Terms of Service from time to time.
- Please contact us if you have any questions, problems or feedback at compliance@unlockb2b.com
Limitation of Liability
- Any guidance that we make available is for guidance purposes only and we make no representations or warranties about such materials, including that such content will be complete, accurate or up-to-date, or that access to the UnLock Rewards Card or related services will be uninterrupted, error-free or free from viruses.
- To the extent permitted by law, we exclude all statutory or implied conditions and warranties and any other liability we may have to you (including liability for indirect or consequential loss) that may arise under statute or at law including without limitation for breach of contract, in tort (including negligence) or under any other cause of action howsoever arising out of, or in any way related to, the use of the UnLock Rewards Card.
- This includes without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised us of the possibility of such potential loss) damage caused to your computer, computer software, data, systems and programs, and the data or to You or any other direct or indirect consequential and incidental damages.
Waiver
Nothing in the Terms of Service is to be construed as a waiver of our rights. If a clause is determined null or void or unenforceable it is to be severed from the Terms of Service and the Terms of Service will need to be read as if the clause was not included. No single or partial exercise of any right or remedy provided under these terms or by law shall preclude or restrict the further exercise of any such right or remedy.
Definitions
Biometric Identifier means a fingerprint, faceprint or any other similar biometric identifier.
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 tokenised UnLock Rewards Card on a Device.
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 PAN).
Information means documentation including but not limited to emails, correspondence, short message signals, notices or disclosure documents.
Intellectual Property includes the full benefit of any rights in any copyright, trade mark, registered design, patent, trade and business names, inventions, knowhow, improvements, discoveries, confidential processes and information and includes artistic works, images, designs, motifs and photographs and any adaption or concept relating to it.
Law means any Commonwealth or Australian state legislation regulation and the general laws and includes in particular the Competition and Consumer Act 2010 (Cth) and regulations as amended and the Corporations Act 2001 (Cth) and regulations as amended.
Marketlend means Marketlend Pty Ltd together with its successors and assigns.
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 displayed on the front of the UnLock Rewards Card.
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 or email which is required to perform a transaction (often called Two Factor Authentication).
PIN means the four-digit personal identification number which we issue to you to access some of the UnLock Rewards Card services.
Privacy Policy means the policy named Privacy Policy available on www.unlockb2bcom, wwww.marketlend.com.au or upon request at compliance@tyndallcapital.com
Terms of Service means this document, including any amendments made from time to time.
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.
UnLock Rewards Card means a digital tokenised pre-paid Mastercard debit card.
us, we, our or ours is a reference to Marketlend.
Website means www.unlockb2b.com, www.marketlend.com.au and its related website pages.
You or you or your refers to you as the UnLock Rewards Card Holder.