1.1. Please read these Conditions of Use. They apply to:
1.2. Your Visa Card (and any replacement or additional cards) is linked to your mortgage loan account (Linked Account). These conditions of
use should be read in conjunction with the terms and conditions that relate to your mortgage loan account including those terms relating to electronic access to your Linked Account.
1.3. On activating or first using your Visa Card (whichever is earlier), you are agreeing to abide by these Conditions of Use. If activation is required, it may still be possible for your Visa Card to be used prior to activation. For example, this may occur when your Visa Card is used to purchase goods or services for an amount which is below the approved Floor Limit. The Available Funds in your Linked
Account will be reduced by the amount of any transaction that is made in these circumstances.
1.4. These Conditions of Use:
Indue is a member of Visa and is responsible for effecting settlement of all transactions that arise as a result of the use of your Visa Card or Visa Card Number. OMMS manages (on behalf of the Lender)your Linked Account to which you may obtain access by use of your Visa Card.
1.5. If these Conditions of Use are not clear to you, contact Indue or OMMS BEFORE using your Visa Card or alternatively seek independent advice from your accountant or lawyer.
1.6. Information on the current fees and charges that apply in relation to the use of your Visa Card are available in the Schedule of Fees and Charges at the end of these Conditions of Use.
1.7. Words that are capitalised are defined in section 46 below.
2.1. If you fail to properly safeguard your Visa Card or PIN, you may increase your liability for unauthorised use (refer to section 32 below for a list of circumstances where you may be held liable for an unauthorised transaction). It is therefore strongly recommended that you:
3.1. These Conditions of Use apply to:
3.2. At your request, OMMS may attach other services to the Visa Card. Any additional services that you request to be attached to your Visa Card will be advised to you in writing.
3.3. You will be required to activate your Visa Card before being able to use your Visa Card. To activate your Visa Card, please contact OMMS on 1300 767 063 and follow the prompts.
If you do not agree with the terms of these Conditions of Use, do not Activate your Visa Card.
3.4. Instead, return all Visa Cards to OMMS (cut it in half for your protection, including cutting in half any chip on your Visa Card).
4.1. You agree to sign your Visa Card as soon as you receive it and before using it, as a means of preventing unauthorised use.
5.1. If you believe your Visa Card or PIN record has been lost or stolen, or your PIN has become known to someone else, or if your Visa Card is stored in a Digital Wallet and your mobile phone has been lost or stolen, or the codes to open your Eligible Device have become known to someone else, you should IMMEDIATELY report this by contacting:
Origin Mortgage Management Services Local call – 1300 767 063
Visa CARD 24hr EMERGENCY HOTLINE
Free Call – 1800 621 199
5.2. If the loss, theft or misuse occurs OUTSIDE AUSTRALIA you must notify a financial institution displaying the Visa logo and you must also then confirm the loss, theft or misuse of your Visa Card with OMMS by telephone or priority paid mail as soon as possible.
5.3. If you contact the Visa Card 24hr Emergency Hotline:
5.4. If for any reason any of the above methods of notification is unavailable, any losses occurring due to your inability to notify OMMS using one of the above methods will be the liability of Indue and OMMS. To avoid further losses, you are required to continue to try to provide notification by using one of the methods referred to above. Providing you continue to try and use reasonable endeavours having regard to your own individual circumstances to notify OMMS or the Visa Card 24hr Emergency Hotline, Indue and OMMS will continue to be liable for any loss occurring as a result of any unauthorised use of your Visa Card.
5.5. If your Visa Card is reported as lost or stolen, Indue will arrange for OMMS to issue to you a replacement Visa Card. You must give OMMS a reasonable time to arrange cancellation and the issue of a replacement Visa Card.
5.6. As your Lender has appointed OMMS as manager to manage your Linked Account and arranged for OMMS to provide the Visa Card to you (on behalf of Indue as the Visa Card issuer), you should not contact the Lender regarding any aspect of your Linked Account or the Visa Card as this is managed by OMMS.
6.1. Your Visa Card is generally accepted anywhere the Visa logo is displayed in Australia or overseas. OMMS, on behalf of Indue, will advise you:
6.2. You accept that:
6.3. Any transaction made by you at an Electronic Banking Terminal cannot be cancelled, altered or changed by you.
6.4. You may only use your Visa Card to perform transactions on your Linked Account in accordance with these Conditions of Use.
6.5. In the first instance, your Linked Account will be debited (which will reduce the Available Funds of your Linked Account) with the value of all transactions carried out:
6.6. If the Linked Account is in the name of more than one person (referred to as a joint account), then you and the joint account holder will be jointly and severally liable (subject to your rights under these Conditions of Use) for all transactions carried out by using yours or the joint account holder’s Visa Card or Visa Card Number. This means that:
6.7. To facilitate the processing of transaction information, your Visa Card details and transaction details may be processed by Visa in countries other than Australia. By using your Visa Card, you agree that information regarding any transactions may be processed outside of Australia.
6.8. If your Visa Card is payWave enabled, then it may be possible for your Visa Card to be used to pay for transactions that are under $100.00 by using the Visa payWave functionality at Visa payWave participating merchants. Before authorising a Visa payWave transaction by waving your Visa Card over the merchant’s enabled Visa payWave terminal, you must check that the correct amount is displayed on the Visa payWave terminal. If your transaction exceeds $100.00, you will be required to either sign or enter your PIN.
6.9. Your Visa Card will be registered with Visa Secure. Visa Secure is a program designed to authenticate online transactions. This means that when you use your Visa Card online to make a purchase at a Visa Secure Participating Merchant, your identity may need to be validated if the relevant transaction is deemed to be high risk. In certain circumstances, if your transaction is deemed to be very high risk, the transaction will be declined. If you are unable to validate your identity, your Visa Card may be suspended. For assistance in these circumstances or to learn how your Visa Card may be unsuspended, please contact OMMS during its normal business hours (refer to OMMS’s website at www.originmms.com.au for details of OMMS’s normal business hours).
7.1. You should always check with the relevant merchant that it will accept your Visa Card before purchasing any goods or services. Neither Indue, OMMS nor the Lender warrants or accept any responsibility for:
7.2. You must not use your Visa Card for any unlawful purpose, including the purchase of goods or services prohibited by the laws of Australia and/or the laws of the location where the Visa Card is used or where the goods or services are provided. Should your Visa Card be used for unlawful purposes, your Visa Card may be suspended or cancelled and you may be restricted from accessing any Available Funds from your Linked Account.
7.3. It is an offence under Australian law to conduct transactions on an account which may lead to an actual or attempted evasion of a taxation law, or an offence under any other Commonwealth or Territory law. Where Indue or OMMS has reasonable grounds to suspect that such transaction(s) have occurred on your Linked Account, Indue or OMMS (as the case may be) is obliged to report such suspicion to the Australian Transaction Reports and Analysis Centre.
7.4. Fraudulent transactions can arise from use of your Visa Card or Visa Card Number. Where you advise OMMS or Indue that a transaction that has been debited to your Linked Account is fraudulent, unauthorised or disputed, OMMS or Indue (as the case may be) will investigate and review that transaction in accordance with section 34 of these Conditions of Use.
7.5. To the extent permitted by law, neither Indue, OMMS nor the Lender are responsible in the event that you have a dispute regarding the goods or services purchased using your Visa Card. In the first instance, you should contact the merchant directly. If you cannot resolve the dispute with the merchant, OMMS and Indue have the ability in certain circumstances to investigate disputed transactions on your behalf (refer to section 34 below for a list of circumstances when OMMS and Indue can investigate disputed transactions) and attempt to obtain a refund for you.
8.1. All transactions conducted overseas will be converted into Australian dollars. Transactions will either be converted directly into Australian dollars or will be first converted from the currency in which the transaction was made into US dollars and then converted to Australian dollars by Visa. The conversion rate used is either:
8.2. A currency conversion fee will be payable by you when you make a transaction on your Visa Card in a currency other than Australian dollars, or you make a transaction on your Visa Card or make a cash withdrawal (for e.g., withdrawal at an ATM) in any currency (including AUD) that is processed by a card scheme or financial institution or billed by the merchant outside of Australia. It may not always be clear, particularly when purchasing online, that the merchant, financial institution or card scheme processing is located outside of Australia.
8.3. Note: Refunds in currencies other than Australian dollars are converted to Australian dollars as at the date they are processed by 13 Visa using exchange rates determined by them. This may lead to the refund being converted using an exchange rate different from the one used to convert the original purchase. The converted Australian dollar amount appears on the Visa Card transaction history as the transaction amount.
8.4. The currency conversion fee charged is a percentage of the value of each overseas transaction effected by you. This fee will be debited to your Linked Account and will appear on your account statement. Please refer to your Schedule of Fees and Charges at the end of these Conditions of Use for the applicable amount of the currency conversion fee that applies as at the date you receive these Conditions of Use.
8.5. The currency conversion fee may change. Any change to this fee will be notified to you in accordance with section 39, unless the change reduces the amount of the fee.
9.1. You agree that you will NOT use your Visa Card to:
9.2. OMMS, as the manager of the Linked Account (and on behalf of Indue as the Visa Card issuer):
9.3. Where a temporary minimum or maximum limit is imposed, OMMS will use reasonable endeavours to notify you that it has imposed a temporary transaction limit. A temporary maximum transaction limit will usually be imposed in circumstances where transactions appear to be suspicious or fraudulent. Where a new permanent minimum or maximum transaction limit is imposed, OMMS will inform you of this change in accordance with the requirements set out in section 41 of these Conditions of Use.
9.4. Merchants offering eftpos facilities have the right to impose conditions on the use of such facilities. This can include imposing their own transaction limits or restrictions on the amount of cash or value that you may obtain using your Visa Card.
10. AUTHORISATIONS AND PROCESSING OF TRANSACTIONS
10.1. Certain transactions that you make using your Visa Card may need to be authorised by OMMS and Indue before they can proceed. In these circumstances, prior to the transaction being completed, the relevant merchant’s financial institution will obtain authorisation from OMMS and Indue for the transaction to be processed. Once authorisation is obtained, it will reduce the amount of Available Funds in your Linked Account. If circumstances occur where authorisation is obtained by OMMS and Indue but the relevant transaction is not completed, your Available Funds in your Linked Account may be reduced for a period of time
10.2. Transactions will not necessarily be processed to your Linked Account on the same day they occur. The date that you conduct the transaction is referred to as the transaction date. Some transactions will be processed after the transaction date. This is usually due to the relevant merchant’s financial institution not processing the relevant transaction on the transaction date.
10.3. OMMS and Indue have the right to refuse authorisation for you to effect a transaction if:
11.1. You may enrol your Visa Card into an eligible Digital Wallet. The term Digital Wallet includes the payment functionality provided by the Wallet Providers, the Card provisioning functionality, and display of transaction history. Indue will determine, in its sole discretion, which Visa Cards may be eligible for use through a Digital Wallet and Indue reserves the right to decline any enrolment of a Visa Card to a Digital Wallet service where Indue reasonably considers it necessary or prudent to do so, without the need to give you any reason.
11.2. Use of a Digital Wallet is at your discretion. You are not obliged to use a Digital Wallet in connection with any of your Visa Cards.
11.3. You acknowledge that your use of a Digital Wallet is subject to any terms and conditions specified by the Wallet Providers, none of which will change or override these Terms and Conditions.
11.4. A Visa Card enrolled into a Digital Wallet enables a Cardholder to purchase goods and services with an Eligible Device at:
near field communication (“NFC”) enabled merchants; and
an online merchant (whether in-app or through website), who accepts payments from a Digital Wallet service.
11.5. Digital Wallet services allow you to use your Eligible Device to access and use your Visa Card to make purchases in place of presenting or using your physical Visa Card. Some Electronic Banking Terminals may require you to enter your PIN.
12.1. To add your Visa Card to a Digital Wallet, you must register your Card through the relevant Digital Wallet service. Your enrolment will be declined if the Card is not eligible for this service, you failed the authentication process, or if your Visa Card or your Linked Account is not in good standing or conducted in a proper or satisfactory manner as determined by OMMS in its absolute discretion, which OMMS shall exercise reasonably. Your Visa Card, in digital form stored in the Digital Wallet remains the property of Indue at all times.
13.1. If your Visa Card is enrolled in a Digital Wallet you are responsible for ensuring that:
13.2. If you:
14.1. Please call the VISA CARD 24hr EMERGENCY HOTLINE on 1800 6211 99 if:
14.2. If you fail to notify us without delay, you may be liable for part or all of the losses in connection with any unauthorised use of your Visa Card in connection with a Digital Wallet as set out in section 34.
15.1. The transaction history displayed in a Digital Wallet in connection with the use of your Visa Card solely represents OMMS’s authorisation of your Digital Wallet transactions using that particular Eligible Device. It does not reflect any post-authorisation activity, including but not limited to clearing, settlement, foreign currency exchange, reversals, returns or chargebacks.
15.2. Accordingly, the purchase amount, currency, and other details for your Digital Wallet transaction history in connection with use of your Visa Card in a Digital Wallet may not match the transaction amount that is ultimately cleared, settled, and posted to your Linked Account. If there is any inconsistency between your Linked Account statement and transaction history displayed in your Digital Wallet, your Linked Account statement, subject to the correction of any error OMMS reasonably determines to exist, shall prevail, and you will remain liable to OMMS for the amounts set out on your Link Account statements.
16.1. OMMS does not currently impose a fee for using your Visa Card through a Digital Wallet but Indue and OMMS reserve their right to impose a fee at their discretion in the future, subject to notifying you in accordance with section 41 of these Conditions of Use.
16.2. Your telecommunications carrier or provider may impose web-enablement, data usage or text messaging fees or other charges for your 20 use of a Digital Wallet. You are responsible for payment of all fees and charges imposed by your telecommunications carrier or provider.
17.1. As a condition of using your Visa Card in connection with Digital Wallet Service, you acknowledge and consent to us sending notifications and/or text messages to the registered Eligible Device which may or may not be the same device as your mobile phone number on record with OMMS. If at any time you revoke this consent, OMMS may suspend or cancel your ability to use your Visa Card in connection with a Digital Wallet.
18.1 Devices modified contrary to the software or hardware guidelines of a manufacturer, including by disabling hardware or software controls, (commonly referred to as “jail breaking”), are not Eligible Devices. You acknowledge and agree that the use of a modified device to use your Visa Card in connection with Digital Wallet Service is expressly prohibited, constitutes a violation of these Conditions of Use, and is grounds for Indue or OMMS to deny your access to your Visa Cards through a Digital Wallet. Neither Indue nor OMMS. will accept any liability for any losses that you may incur as a result of us denying you access to your Visa Cards through a Digital Wallet in these circumstances.
18.2 Indue and OMMS have the right to suspend or cancel your ability to use your Visa Card in connection with a Digital Wallet at any time either Indue or OMMS consider it reasonably necessary or prudent to do so and need not give you any prior notice or reason for doing so.
19.1 OMMS may impose a limit on any daily and/or individual transaction amount(s) in respect of your use of your Visa Card through a Digital Wallet. The limit will be such amount(s) as determined by OMMS and notified to you from time to time.
20.1 If you no longer wish to use your Visa Card through a Digital Wallet, you can remove your Card from the relevant Digital Wallet by following the instructions from the Digital Wallet Provider. Removal of your Visa Card from a Digital Wallet will not terminate your Visa Card in its plastic card form unless you also choose to terminate the plastic card form in accordance with section 30 of these Conditions of Use.
21.1 You acknowledge that:
21.2 The purpose of sharing your data is to:
21.3 You acknowledge that the use, storage and disclosure of any personal information provided by you directly to the Digital Wallet provider, Visa, or other third parties supporting the relevant Digital Wallet, will be governed by the privacy policy of each relevant party.
22.1 From time to time, merchants may present to you certain discounts, rebates or other benefits (e.g., free shipping) (“Offers”) if payment is effected through a Digital Wallet. These Offers are subject to certain terms and conditions between you and the relevant merchant and may be subject to change at any time without notice to you. Neither Indue nor OMMS will be liable for any loss or damage you or any third party suffer as a result of any interaction between you and a merchant with respect to any Offers.
22.2 To the extent permitted by law and these Conditions of Use, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. Neither Indue nor OMMS are responsible for the goods and services you acquire through the use of a Digital Wallet. You acknowledge and accept that all complaints about these goods and services must be addressed to the supplier or merchants of those goods or services. In certain circumstances you may have chargeback rights that may entitle you to a refund. Refer to section 35 for more information in respect of your chargeback rights.
22.3 Indue and Columbus do not endorse or recommend the merchants or their products and services that are accessible through a Digital Wallet or the Offers that they provide.
22.4 This section is subject to your rights under the Australian Consumer Law and nothing in these Conditions of Use is intended to limit any rights you may have under those laws.
23.1 To the extent permitted by law, at any time where Indue or OMMS reasonably consider it appropriate or necessary to do so either Indue or OMMS may:
23.2 If Indue or OMMS has cancelled or suspended your Visa Card in accordance with these Conditions of Use, you will not be allowed to use it through your Eligible Device. Please note that this is the case even though you may still see a symbol for the Card on your Eligible Device.
24.1 All intellectual property rights including all patents, trade secrets, copyrights, trademarks and moral rights in a Digital Wallet (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by the Mobile Wallet Providers, Indue, OMMS, their licensors, or third parties.
24.2 Nothing in these Conditions of Use gives you any rights in respect of any intellectual property owned by a Mobile Wallet Provider, Indue, OMMS, their licensors, or third parties and you acknowledge that you do not acquire any ownership rights by adding your Visa Card to, or using your Visa Card in connection with, a Digital Wallet.
25.1 Digital Wallets are provided by Mobile Wallet Providers. You acknowledge and agree that from time to time, your use of your Visa Card in connection with a relevant Digital Wallet service may be delayed, interrupted or disrupted for an unknown period of time for reasons neither Indue nor OMMS can control. Indue, OMMS and their affiliates will not be liable for any claim arising from or related to your use of your Visa Card through a Digital Wallet service due to a delay, interruption, disruption or similar failure that is beyond Indue’s or OMMS’s reasonable control.
25.2 You acknowledge that Indue and OMMS are not parties to the terms and conditions for a Digital Wallet service between you and a Mobile Wallet Provider, and Indue and OMMS do not own and are not responsible for the relevant Digital Wallet service. Indue and OMMS do not provide any warranty in respect of a Digital Wallet service.
25.3 Indue and OMMS are not responsible for performance, maintenance or other support services in respect of a Digital Wallet service and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to a Digital Wallet service, including, without limitation, any third party product liability claims, claims that a Digital Wallet service fails to conform to any applicable legal or regulatory requirement, claims arising under the Australian Consumer Law or similar legislation, and claims with respect to intellectual property infringement unless arising directly from Indue’s or OMMS’s mistake, negligence, fraud or wilful misconduct (including those of their employees, officers, agents and contractors). Any inquiries or complaints relating to the use of a Digital Wallet, including those pertaining to Intellectual Property Rights, must be directed to the Mobile Wallet Provider in the first instance.
25.4 Indue and OMMS do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Eligible Device. You are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance and costs associated with such Eligible Device.
26.1 You represent and warrant to us that:
27.1 Visa Direct enables cardholders to send and receive money to other Visa cardholders via the Visa payment network, in a manner that is similar to how a merchant is able to refund a payment to your Visa Card and Linked Account. Indue does not provide Visa Direct services, other than clearing and settlement of Visa Direct transactions to your Linked Account initiated by your use of your Visa Card with merchants and other participants in the Visa payment network.
27.2 All Visa Direct transactions will be processed in accordance with the Visa Scheme Rules and these Conditions of Use. Indue and OMMS do not currently prescribe any limits or fees on Visa Direct transactions, other than those prescribed by Visa. Indue and OMMS reserve their rights to implement limits and additional fees in future, where they reasonably consider it necessary to do so. Any changes will be notified to you in accordance with section 41.
27.3 You acknowledge that Indue and OMMS are not parties to the terms and conditions upon which you agree to send or receive a Visa Direct transaction. Indue and OMMS do not provide any warranty in respect of a Visa Direct payment service provided to you by a third-party provider.
27.4 Indue and OMMS are not responsible for the performance, maintenance or other support services in respect of a Visa Direct payment service other than in respect of the clearing and settlement of Visa Direct Transaction in accordance with the Visa Scheme Rules to your Linked Account and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to a Visa Direct service, including, without limitation, any third party product liability claims, claims that a Visa Direct payment service fails to conform to any applicable legal or regulatory requirement, claims arising under the Australian Consumer Law or similar legislation, and claims with respect to intellectual property infringement unless arising directly from Indue’s or OMMS’s mistake, negligence, fraud or wilful misconduct (including those of their employees, officers, agents and contractors). Any inquiries or complaints relating to the use of a Visa Direct payment service, including those pertaining to Intellectual Property Rights, should be directed to the Visa Direct payment service provider in the first instance.
27.5 In certain circumstances you may have chargeback rights that may entitle you to a refund. Refer to section 35 for more information in respect of your chargeback rights.
27.6 This section 27 is subject to your rights under the Australian Consumer Law and nothing in these Conditions of Use is intended to limit any rights you may have under those laws.
28.1 You may apply to OMMS to request that an additional Visa Card be given to your nominee (referred to as an Additional Cardholder). OMMS is not obliged to grant any additional Visa Cards. OMMS and Indue are required to comply with all laws governing the issuing of debit cards (including identification and verification of any additional cardholders in accordance with the AML Legislation).
28.2 When an additional Visa Card is issued at your request:
28.3 You must write to OMMS confirming cancellation of the additional Visa Card. If you cannot destroy the additional Visa Card or ensure its removal from a Digital Wallet you should contact OMMS by telephone and request that OMMS place a “stop” on your Linked Account.
28.4 If an Additional Cardholder does not comply with these Conditions of Use then you will be in breach of these Conditions of Use.
29.1 Indue will arrange for OMMS to forward to you and your Additional Cardholder a replacement Visa Card before the expiry date of your current Visa Card or additional Visa Card, provided that you are not otherwise in default under these Conditions of Use. If you store your Visa Card in a Digital Wallet, you will need to enrol your replacement Visa Card into your Digital Wallet and remove the expired Visa Card from the Digital Wallet.
29.2 If you do not require a replacement Visa Card, either for yourself or your Additional Cardholder, you must notify OMMS before the expiration date of your current Visa Card. You must give OMMS a reasonable time to arrange cancellation of the issue of a replacement Visa Card.
29.3 Indue may arrange for OMMS to issue a new Visa Card to you or your Additional Cardholder at any time. All reissued cards are subject to these Conditions of Use. Indue will typically do this in circumstances where it or OMMS considers that the security of your Visa Card or PIN may have been compromised or where Indue is required to issue new cards to all its cardholders as a result of any payment scheme rule changes. In these circumstances, you will not be charged any replacement card fee.
30.1 The Visa Card always remains the property of Indue.
30.2 Indue or OMMS (on behalf of Indue as the Visa Card issuer) may cancel your Visa Card and demand the return of the Visa Card issued to you and your Additional Cardholder at any time without prior notice:
30.3 Indue or OMMS (on behalf of Indue as the Visa Card issuer) may also capture your Visa Card at any Electronic Banking Terminal.
30.4 While in these circumstances you may not be notified prior to the cancellation of your Visa Card, either Indue or OMMS will use reasonable endeavours to notify you following cancellation of your Visa Card.
30.5 Indue or OMMS may also cancel your Visa Card and demand the return of the Visa Card issued to you and your Additional Cardholder at any time on giving you not less than one months’ written notice.
30.6 You may cancel your Visa Card or your Additional Cardholder’s Visa Card at any time by giving OMMS written notice. In these circumstances you must either return all Visa Cards to OMMS (cut in half for your protection, including cutting in half any chip on your Visa Card) or confirm by telephone that all Visa Cards have been destroyed and that you have disposed of the pieces securely. You must then write to OMMS to confirm cancellation of your Visa Cards.
30.7 You and/or any Additional Cardholders may be restricted or prevented from accessing any available funds from your Linked Account by using a Visa Card in circumstances where:
30.8 Indue or OMMS, where possible, will provide you with at least seven (7) days’ notice of its intention to restrict the ability for you to access any available funds from your Linked Account by using your Visa Card.
31.1 You must not use your Visa Card or allow your Additional Cardholder to use his or her additional Visa Card:
31.2 In some circumstances, your Visa Card may be used for purchases which are below Floor Limits and where no electronic approval is required. If you or an Additional Cardholder uses your Visa Card after it has been cancelled or restricted, you will be liable to Indue, OMMS and the Lender (as the case may be) for the value of any transaction as well as any reasonable costs incurred your Indue, OMMS and/or the Lender (as the case may be) in collecting the amount owing. This section 33 survives termination of these Conditions of Use, expiry of your Visa Card and the closing of the Linked Account.
32.1 You are not liable for any loss arising from unauthorised use of your Visa Card:
32.2 For the purpose of section 32.1 (b), there is a presumption that you did not receive your Visa Card unless Indue or OMMS can prove that you did.
32.3 For the purpose of section 32.1(a)(vii), OMMS (on behalf of Indue) will undertake an assessment to consider whether you have contributed to any loss caused by unauthorised use of your Visa Card. This assessment will include a review of whether you:
32.4 Where a transaction can be made using your Visa Card but does not require your PIN, you are liable only if you unreasonably delay reporting the loss or theft of your Visa Card.
32.5 If OMMS or Indue can prove on the balance of probability that you have contributed to the unauthorised use of your Visa Card under section 32(1)(a)(vii) your liability will be the lesser of:
32.6 In assessing your liability under section 32.1:
32.7 Where a PIN was required to perform the unauthorised transaction and it is unclear whether or not you have contributed to any loss caused by the unauthorised use of your Visa Card, your liability will be the lesser of:
32.8 In assessing your liability under this section 32:
33.1 In addition to the limits placed on your liability described in section 32 above, Visa’s scheme rules provide that Indue and OMMS shall limit your liability to nil.
33.2 In the following circumstances:
33.3 Where this Visa zero liability section applies, and Indue will endeavour to refund the amount of the unauthorised transaction(s) within five (5) days, subject to:
you having provided all reasonably requested information to OMMS and Indue;
33.4 Any refund is conditional upon the final outcome of OMMS’s and Indue’s investigation of the matter and may be withdrawn by OMMS or Indue where it considers that this section shall not apply as a result of that investigation. In making any determination in respect of this section, OMMS and Indue will comply with the requirements of section 32 of these Conditions of Use.
34.1 If you believe a transaction is wrong or unauthorised or your account statement contains any instances of unauthorised use or errors, you must immediately notify OMMS or the Visa Card 24 Hour Emergency Hotline as explained in section 6.
34.2 As soon possible, you must also provide OMMS the following:
34.3 Examples of transactions you may wish to dispute include circumstances where:
34.4 If OMMS finds that an error was made, it will make the appropriate adjustments to your Linked Account including interest and charges (if any) and will advise you in writing of the amount of the adjustment.
35.1 If you believe a transaction on your Visa Card was:
then you may be entitled to request OMMS to ‘chargeback’ the transaction, by reversing the payment to the merchant’s financial institution. Chargebacks are determined by the Visa Scheme Rules. You should tell OMMS as soon as possible, but no later than 120 days after the date of the transaction and provide OMMS with any information they may reasonably require to assess your chargeback claim. Failure to do so may result in you losing any chargeback rights.
35.2 OMMS may in good faith chargeback some or all of the amount disputed. However, if OMMS does chargeback the transaction (and credit you Linked Account with the amount of the chargeback), and Visa, the merchant, or the merchant’s financial institution subsequently declines to chargeback the transaction, OMMS will deduct the refunded amount from your Linked Account.
36.1 OMMS will determine all complaints in accordance with its complaints policy. You can contact us via our website to get a copy of OMMS’s complaints policy. A copy of OMMS’s complaints policy is available online at: https://colcap.com.au/complaints-policy/
36.2 If OMMS is unable to settle your complaint immediately to your satisfaction, then OMMS will acknowledge your complaint and may, if relevant, request further details from you.
36.3 If your complaint is closed within 5 Business Days, by being resolved to your satisfaction or if there is no reasonable action that can be taken to address the complaint, then OMMS will communicate this to you. This may be by means other than in writing. If you wish, you may request that OMMS provides you with a written response.
36.4 Otherwise, within 30 days of receiving the complaint from you, OMMS will:
36.5 An investigation will continue beyond 30 days only in exceptional circumstances, for example, if there are delays caused by other financial institutions or merchants involved in resolving the complaint.
36.6 If your complaint or dispute is not satisfactorily resolved by OMMS, you may contact Indue:
36.7 Indue will review your complaint in accordance with its complaints policy which can be viewed online at www.indue.com.au/feedback/
36.8 Where you are not satisfied with the outcome of your complaint or dispute, you have the right to contact and lodge a complaint with AFCA. You can contact AFCA at:
37.1 Other than to correct the error in your Linked Account and the refund of any charges or fees imposed on you as a result, neither Indue, OMMS nor the Lender will be liable to you for any loss caused by an Electronic Banking Terminal malfunctioning if you were aware, or should have been aware, that the terminal was unavailable for use or was malfunctioning.
37.2 Where an eftpos Device is not working, the merchant may provide alternative manual processing of the transaction. You will be required to present your Visa Card and sign a voucher. The voucher authorises OMMS to debit your Linked Account with the amount of the transaction (which will reduce the Available Funds in your Linked Account).
38.1 A transaction record slip will be available for each financial transaction carried out with your Visa Card at an Electronic Banking Terminal.
38.2 You should obtain, check and retain all transaction record slips including sales and cash advance vouchers issued to you for checking against your account statements.
38.3 You will be sent account statements in accordance with the terms of your Linked Account. You may also request more frequent account statements in accordance with the terms of your Linked Account. You can also view your Linked Account transactions and balance at any time through the internet banking facility OMMS has provided to you.
38.4 You may request a copy of your account statement at any time in accordance with your Loan Agreement. You should check with OMMS whether fees and charges will apply in these circumstances.
39.1 Fees and charges associated with the use of your Visa Card (including fees for issuing additional or replacement cards and other servicing fees) may be charged by Indue or OMMS (on its own account or on behalf of the Lender). OMMS is authorised to debit your Linked Account with those fees (which will reduce the Available Funds in your Linked Account).
39.2 If you consider that a fee or charge has been incorrectly charged, you may dispute this by contacting OMMS in accordance with section 34. Any incorrectly charged fee or charge will be reversed in your Linked Account.
39.3 Fees and charges applicable to your Visa Card on the date you receive these Conditions of Use are set out in the Schedule of Fees and Charges at the end of these Conditions of Use. These fees and charges may change from time to time and you will be notified of new fees and/or charges in accordance with section 41 and in accordance with any applicable laws.
40.1 Fees, charges, duties and taxes that are imposed on the use of your Visa Card by government or by any regulatory authority may be passed onto you and you authorise OMMS to debit your Linked Account with those fees, charges, duties and taxes (which will reduce the Available Funds in your Linked Account).
41.1 Indue and/or OMMS may change these Conditions of Use and/or vary the fees and charges that apply to your Visa Card at any time by notice to you. If you wish to cancel your Visa Card as a result of any change or variation, you must contact OMMS to cancel your Visa Card. In these circumstances, you will not be charged any additional fees or charges associated with cancellation of your Visa Card. Please refer to sections 30 and 31 in respect of your responsibilities after you cancel your Visa Card. If you retain and use your Visa Card after notification of any changes to these Conditions of Use, your use of your Visa Card shall be subject to those changes.
41.2 OMMS (on Indue’s behalf) may notify you of changes either through:
41.3 If a written notice is delivered to you personally the date of delivery is the date you receive the notice.
42.1 To the extent permitted by law, you indemnify Indue, OMMS and the Lender against any loss or damage suffered due to any claim, demand or action of any kind brought against Indue, OMMS and/or the Lender arising directly or indirectly because you:
43.1 Other terms and conditions of your Linked Account These Conditions of Use govern your Visa Card’s access to your Linked Account. Each transaction on the Linked Account is also governed by the Loan Agreement and any other terms and conditions to which the Linked Account is subject. If there is any inconsistency between these Conditions of Use and the other terms applicable to your Linked Account, these Conditions of Use prevail except to the extent that they are contrary to any applicable legislation or any relevant industry code of practice.
43.2 Assignment
44.1 Indue and OMMS may collect your personal information:
44.2 In some circumstances, Indue or OMMS (as the case may be) may collect your personal information from a third party service provider. For example, OMMS may collect from the provider of a payments platform where your transactions are stored, information about the transactions you undertake. Indue or OMMS may also collect information from other participants in the payments system and other financial institutions in order resolve disputes or errors (refer to section 44.4 below). Indue and OMMS collect this information in order to manage the service they provide to you, consistent with these conditions of use.
44.3 If you do not provide some or all of the information requested, Indue and OMMS may be unable to provide you with a product or service.
44.4 Indue and OMMS may provide your information:
44.5 You may access any of your personal information at any time by calling OMMS on 1300 767 063. You may also call Indue on 1300 671 819. You may be charged a reasonable administration fee for access by OMMS (directly or through debiting your Linked Account) or by Indue (as the case may be). This fee will be advised to you upfront in order for you to determine whether you wish to access your personal information. If you can show that information about you is not accurate, complete and up to date, OMMS or Indue (as the case may be) will take reasonable steps to ensure it is corrected so that it is accurate, complete and up to date. Neither OMMS nor Indue will charge any extra fee for correcting your information. There may be circumstances when Indue or OMMS may be unable to provide you with access or to correct your information, in which case Indue or OMMS (as the case may be) will provide you with a written reason. For details on how you may access and seek correction of the personal information Indue or OMMS holds about you, please refer to their Privacy Policies available at www.indue.com.au and www.originmms.com.au.
44.6 Indue and OMMS will not collect sensitive information about you, such as health information, without your consent.
44.7 To facilitate transaction identification and to assist with the identification of suspicious or fraudulent transactions, your personal information and transaction details may be sent to countries other than Australia. As at the date of these Conditions of Use, these countries are likely to include the United Kingdom, United States, European Union and Israel. By using your Visa Card, you agree that your personal information and transaction details may be sent overseas for the purposes of assisting with the identification of suspicious or fraudulent transactions or as required by law.
44.8 In accordance with the Privacy Act 1988 (Cth), Indue and OMMS must comply with the Australian Privacy Principles. You have the right to lodge a complaint if you believe Indue or OMMS has breached the Australian Privacy Principles. For details on how you may complain about a breach and how Indue and OMMS deal with complaints, please refer to Indue’s and OMMS’s Privacy Policies available at www.indue.com.au and www.originmms.com.au.
44.9 If you would like a copy of Indue’s or OMMS’s Privacy Policy to be sent to you, please contact Indue on 1300 671 819 or OMMS on 1300 767 063.
45.1 You agree that:
47.1 For the purposes of these Conditions of Use, ‘day’ means a 24 hour period commencing at midnight Eastern Standard Time in Brisbane.
47.2 A reference to “your Visa Card” is a reference to each or any Visa Card issued in connection with any Linked Accounts (including any Visa Cards issued to Additional Cardholders).
47.3 A reference to:
The fees and charges that are applicable to your Visa Card as at the date you receive these Conditions of Use are outlined in the following table. These fees and charges are payable to OMMS and, unless otherwise specified, will be deducted from the Available Funds in your Linked Account at the time of the relevant transaction.
ATM Fees | ||
ATM Operator Fee | Charged when you make a cash withdrawal or request an account balance from an ATM within Australia. The ATM will quote a fee, should you choose to progress with the transaction. | As quoted by third party ATM. |
Overseas transaction fee | Payable and deducted fromyour Visa Card at the same time you make a transaction using the Visa Card in a currency other than Australian dollars, or you make a transaction using the Visa Card in any currency (including AUD) that is processed by a card or scheme or financial institution or billed by the merchant outside of Australia. | 3% of the total amount of each Relevant transaction. This fee includes an amount payable by us to VISA. The fee is a percentage of the converted AUD amount shown your Visa Card transaction history. |
Visa Card replacement fee | Payable if you request to be provided with a replacement card. | $7.50 per replacement card. |
Fund Your Future
*Comparison rate based off a loan of $150,000 over a term of 25 years
WARNING: This comparison rate applies only to the examples given. Different amounts and terms will result in different comparison .
LMW Wholesale Finance Pty Ltd T/as Wholesale Funding Pty Ltd | ABN 80 122 884 468 | Australian Credit Licence 389 308 | Privacy Policy
2006 – 2023