Airpay Digital Mastercard Gift Card

These Terms and Conditions apply to your Airpay Digital Mastercard Gift Card (“Card”). The Card is issued by EML Payment Solutions Limited (“EML”) ABN 30 131 436 532 pursuant to license by Mastercard and distributed by Airpay Financial Technologies Pty Ltd ABN 99 615 157 572 (“Airpay”). In these Card Terms and Conditions, “we”, “us” or “our” means EML and Airpay; and “you”, “your” or “user” means the cardholder. If you acquire the Card you will have a contract with us.

When we refer to a “Card”, it means the digital card issued by EML and where we refer to “Card Details”, we are referring to the card number, expiry date and the 3-digit CVV number (security number).

When we refer to a “Tokenised Card” it means a card that has had sensitive personal information (including, but not limited to, a PAN) substituted for a unique identifier (token) and stored within a Digital Wallet for you to use as payment.

When we refer to a “Digital Wallet”, we are referring to Apple Pay, Google Pay or any other digital wallet provider capable of provisioning the Card to your Device.

When we refer to a “Device”, we are referring to a mobile or wearable device that allows you to store or otherwise add a Card to a Digital Wallet.

When we refer to the “App”, we are referring to the Bulago app.

When we refer to the “Website”, we are referring to https://www.airpayfintech.com/.

Accepting the Card and agreeing to these Terms and Conditions

1. You agree to be bound by these Terms and Conditions by using the Card in any capacity including, but not limited to, using any Card features, provisioning the Card into your Device, or completing a transaction with the Card.
2. If you allow other users of the Card, you must provide them with these Terms and Conditions. The Card remains our property.
3. Use and access to the Tokenised Card is subject to your respective Device capability.This means your Device must have the ability to store the Card and make a purchase using a Digital Wallet.

How and where you can use the Card

4. The Card is a single-load digital Mastercard Prepaid gift card that you can use for purchasing goods and services where Mastercard Prepaid gift cards are accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions).
5. You may add the Card to a Digital Wallet. Use and access to the Tokenised Card is subject to your respective Device capability.This means your Device must have the ability to store the Card and make a purchase using a Digital Wallet.
6. The Card Details will be available to view on the App.

Limitations of the Card

7. The Card is not reloadable.
8. The Card is not a credit card and nor is it linked to a deposit account with us.
9. The Card cannot be used to obtain or redeem cash. You may not use the Card to withdraw cash.
10. The Card cannot be used at ATMs or over-the-counter at financial institutions.
11. The Card cannot be used for making direct debit, recurring, or regular instalment payments.
12. Use of the Card may be declined at some merchants (such as gambling merchants or merchants who choose not to accept the Card). We are not liable in any way when authorisation is declined for any particular transaction except where the authorisation has been declined because of an act or omission on our part.

Transaction and balance limits

13. Transaction and balance limits apply to the Card. The following table illustrates the transaction and balance limits applicable to the Card, and is subject to the available balance of the Card at the time if that is lower. Merchants or other providers of facilities may impose additional limits.
14. The Card balance can be viewed on the App.

15. Credit (refund) transactions may be subject to system-imposed daily amount and transaction count limits. Applicable limits are determined by the EML platform’s operational rules and may be updated from time to time.

Checking your Card balance and transaction history

16. You acknowledge and agree that we do not provide you with paper statements. Card transaction activity and balance information can be found by accessing the App.
17. You are responsible for checking your transaction history and knowing the available balance for the Card.
18. You are responsible for ensuring the availability of sufficient funds for all transactions. The Card cannot be used to make transactions that exceed the available balance. For such a transaction you need to pay the difference by another method if the merchant agrees. In the event the available amount on the Card is less than the purchase amount, some merchants may not allow you to combine multiple payment types (such as cash, cheque or another payment card) to complete the transaction.

Validity and Card Expiry

19. The Card is valid for three (3) years until the expiry date shown on the Card in your Digital Wallet on your Device.
20. To check the Card’s expiry date, you can go to the App or view the expiry date on the Card in your Digital Wallet.
21. Once the Card expires, it cannot be used and will be declined if presented for use. Any remaining balance on the Card at the time of expiry will be forfeited. We will not give you any notice before the Card is cancelled or expires.

Your Card, your Responsibility

22. The Card is like cash. Unauthorised transactions can happen using the Card if the Card is lost or stolen, a personal identification number (“PIN”) is revealed to any other person, or because of fraud.
23. We have no obligation to replace or refund value for misused, lost, stolen or damaged Cards except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these terms and conditions (for example, warranties as to the exercise of due care and skill in providing services and as to fitness for purpose of materials we provide).If a Card is lost, stolen, or suspected of unauthorised use, the Cardholder may immediately lock the Card through the App. The Cardholder may subsequently unlock the Card through the App if the Card is recovered and considered secure. The lock feature is intended to reduce the risk of unauthorised use but does not guarantee prevention of all losses or transactions.
24. Cardholders are responsible for safeguarding their Cards and should promptly take appropriate action, including locking the Card through the App, if loss, theft, or unauthorised use is suspected.
25. You are responsible for all transactions on the Card, except where there has been fraud, negligence or wilful misconduct by us (including that of our officers, employees, contractors or agents).
26. Except to the extent caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents), we are not liable for any loss or damage arising out of or in any way related to the use of the Card, including:
    1. if authorisation is declined for any transaction, except where the authorisation has been declined because of an act or omission on our part;
    2. if you permit someone else to use the Card, you will be responsible for any transactions initiated by that person with the Card;
    3. the availability of merchants who allow the use of the Card or Device for payment;
    4. reduced levels of service caused by the failure of third-party communications and network providers;
    5. in relation to Tokenised Cards;
       1. if you have other cards stored on your Device for payment and you inadvertently use the Card when using your Device as a payment method;
       2. for the use, functionality or availability of a Device; or

• if your Device security measures are compromised, you allow others access to your Device or to otherwise circumvent the security measures of your Device.

Refunds or exchanges

27. Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund then you will have no access to those funds.

Errors and complaints

28. If you notice any error relating to the Card or have a query about the Card, you should notify Airpay immediately on [+61 2 8046 7682] or alternatively you can send an email tocard.manager@airpayfintech.com.
29. 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 or have a complaint you can send an email to eml.card.manager@airpayfintech.com.
30. If we discover an error in the amount of funds loaded, reloaded, received or used for any reason, we are authorised to rectify the error without further notice to you, including but not limited to debiting the equal amount of funds found in error from your Cards available balance.

Fees and Charges

31. We do not charge any fees for using the Card. However, to the extent permitted by law, some merchants may charge you for using the Card and such fees may be deducted from the balance of your Card at the time of the transaction.
32. A 2.99% foreign exchange conversion fee applies to transactions in any currency other than Australian dollars and is calculated on the Australian dollar transaction amount. This will be included in the total transaction amount debited to the Card.
33. If you lodge a dispute in relation to a transaction on the Card and the dispute is unsuccessful, a disputed transaction fee of $11.00 may be charged to you for each such dispute.
34. You agree to pay and authorise us to debit from the Card balance all fees and charges as set out above immediately as they are incurred.

Privacy and confidentiality

35. Information will be disclosed to third parties about the Card, or transactions made with the Card, whenever allowed by law, and where necessary to operate the Card and process transactions. Our Privacy Policies are available at:

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

Airpay: https://www.airpayfintech.com/privacy-policy

Changes to these Conditions of Use

36. We reserve the right to change these Terms and Conditions at any time. Except where we are required by a law to do so, or the change is materially adverse to you, you will not receive advance personal notice of such changes. If the change is materially adverse to you, we will notify you at least 14 days before the effective date of the change. However, if the change is made for one or more of the following reasons we can implement such change without prior notice:
    1. to comply with any change or anticipated change in any relevant law, code of practice, or guidance;
    2. to reflect any decision of a court, ombudsman or regulator; or
    3. for security reasons where reasonably necessary to address security concerns or vulnerabilities.
37. Any changes to these Terms and Conditions can be viewed on the App or Website.