Terms and Conditions

Why Leave Town Gift Card Terms & Conditions

MASTERCARD GIFT CARD (DIGITAL)

These Terms and Conditions apply to your single-load prepaid digital gift card (“Card”). The Card is issued by EML Payment Solutions Limited (“EML”) ABN 30 131 436 532, AFSL 404131 and distributed by Why Leave Town Pty Ltd ABN 61 654 630 716 (“Why Leave Town”). In these Card Terms and Conditions, “we”, “us” or “our” means EML and Why Leave Town; 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 Device Wallet for you to use as payment.

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

Where we refer to the App, we are referring to the Why Leave Town app, and where we refer to the Website, we are referring to https://www.whyleavetown.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 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.
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 prepaid card that you can use for purchasing goods and services at allowed merchants and terminals as set out on the Website, and cannot be used at ATMs or over the counter at financial institutions.
5. Attempts to use the Card at merchants that are not allowed merchants and terminals will result in a declined transaction.
6. The Card must be activated before use. To activate the Card, you must follow the activation steps provided to you 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 cancelled.
12. The Card cannot be used for making direct debit, recurring, or regular instalment payments.
13. 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

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

Transaction/Balance
Limit
Point of Sale Limits
Maximum Point of Sale per transaction
$1000
Daily Point of Sale Limit
$1000
Maximum number of transactions per day
25
Account Limits
Maximum Card Balance
$1000

Checking your Card balance and transaction history

15. 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.
16. You are responsible for checking your transaction history and knowing the available balance for the Card.
17. 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

18. The Card is valid for three (3) years from the date of activation. The Card cannot be used after expiry and cannot be replaced.
19. At expiry, any remaining balance will be forfeited, and the Card will be declined when presented for use. We will not give you any notice before this happens.

Your Card, your Responsibility

20. 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.
21. 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).
22. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents.
23. Except to the extent required by law, we are not liable for any loss or damage arising out of or in any way related to the use of the Card, including:
a) if authorisation is declined for any transaction, except where the authorisation has been declined because of an act or omission on our part;
b) if you permit someone else to use the Card, you will be responsible for any transactions initiated by that person with the Card;
c) the availability of merchants who allow the use of the Card as payment;
d) reduced levels of service caused by the failure of third-party communications and network providers.

Refunds or exchanges

24. 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

25. If you notice any error relating to the Card or have a query about the Card, you should notify Why Leave Town immediately on 0433 106 350 during business hours or alternatively you can send an email to info@whyleavetown.com.
26. 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 info@whyleavetown.com.
27. 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.

Privacy and confidentiality

28. 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

Why Leave Town:             https://www.whyleavetown.com/our-privacy-policy/

Changes to these Conditions of Use

29. We reserve the right to change these Terms and Conditions at any time. Any changes to these Terms and Conditions can be viewed at the Website.

MASTERCARD GIFT CARD (PHYSICAL)

These Terms and Conditions apply to your single-load prepaid physical gift card (“Card”). The Card is issued by EML Payment Solutions Limited (“EML”) ABN 30 131 436 532, AFSL 404131 (“we/us/our”) and distributed by Why Leave Town Pty Ltd ABN 61 654 630 716 (“Why Leave Town”). In these Card Terms and Conditions, “we”, “us” or “our” means EML and Why Leave Town; 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 physical plastic 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).

Where we refer to the Website, we are referring to https://www.whyleavetown.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 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.

How and where you can use the Card

3. The Card is a single-load physical prepaid card that you can use for face-to-face purchases of goods and services at allowed merchants and terminals as set out on the Website, and cannot be used at ATMs or over the counter at financial institutions.
4. Attempts to use the Card at merchants that are not allowed merchants and terminals will result in a declined transaction.
5. The Card must be signed before use.
6. When using the Card at point of sale, if required, press the Credit button to access the available balance.

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 for online purchases or over-the-counter at financial institutions.
11. The Card cannot be cancelled.
12. The Card cannot be used for making direct debit, recurring, or regular instalment payments.
13. 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

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

Transaction/Balance
Limit
Point of Sale Limits
Maximum Point of Sale per transaction
$1000
Daily Point of Sale Limit
$1000
Maximum number of transactions per day
25
Account Limits
Maximum Card Balance
$1000

Checking your Card balance and transaction history

15. 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 Website.
16. You are responsible for checking your transaction history and knowing the available balance for the Card.
17. 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.

Disputes & Complaints

16. If you notice any error relating to the Card, you should notify EML Client Relations immediately on 1300 739 889 during business hours or alternatively you can send an email to support@emlpayments.com.au.
17. 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 support@emlpayments.com.au.

Validity and Card Expiry

18. The Card is valid for three (3) years from the date of activation. The Card cannot be used after expiry and cannot be replaced.
19. At expiry, any remaining balance will be forfeited, and the Card will be declined when presented for use. We will not give you any notice before this happens.

Your Card, your Responsibility

20. 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.
21. 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).
22. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents.
23. Except to the extent required by law, we are not liable for any loss or damage arising out of or in any way related to the use of the Card, including:
a) if authorisation is declined for any transaction, except where the authorisation has been declined because of an act or omission on our part;
b) if you permit someone else to use the Card, you will be responsible for any transactions initiated by that person with the Card;
c) the availability of merchants who allow the use of the Card as payment;
d) reduced levels of service caused by the failure of third-party communications and network providers.

Refunds or exchanges

24. 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

25. If you notice any error relating to the Card or have a query about the Card, you should notify Why Leave Town immediately on 0433 106 350 during business hours or alternatively you can send an email to info@whyleavetown.com.
26. 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 info@whyleavetown.com.
27. 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.

Privacy and confidentiality

28. 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

Why Leave Town:             https://www.whyleavetown.com/our-privacy-policy/

Changes to these Conditions of Use

29. We reserve the right to change these Terms and Conditions at any time. Any changes to these Terms and Conditions can be viewed at the Website.

EFTPOS GIFT CARD

This single-load prepaid eftpos gift card (‘Card’) is issued by EML Payment Solutions Limited ABN 30 131 436 532, AFSL 404131 (‘EML’) and distributed by Why Leave Town Pty Ltd ABN 61 654 630 716 (‘Why Leave Town’). EML is the issuer of the Card and has authorised Why Leave Town to distribute the Card. In these Terms and Conditions, ‘we’, ‘us’ or ‘our’ means EML and Why Leave Town, and ‘you’, ‘your’ or ‘user’ means the Card purchaser or user. If you acquire the Card you will have a contract with us.

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 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.

Activation, Using the Card and Expiration

3. The Card is an eftpos prepaid gift card that is activated at the time of purchase.
4. The Card can be used for purchasing goods and services where eftpos prepaid cards are accepted for electronic transactions.
5. When using the Card, the account type to be selected at eftpos terminals is “savings.”
6. The Card is valid for three (3) years from the date of activation. The Card cannot be used after expiry and cannot be replaced. At expiry, the remaining balance will be forfeited. We will not give you any notice before this happens.
7. To check the card balance, card expiry and full conditions of use (free of charge), go here.

Limitations of the Card

8. This Card is not reloadable.
9. The Card is not a credit card and nor is it linked to a deposit account with EML.
10. 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.
11. The Card cannot be used to obtain or redeem cash and cannot be used for making direct debit, recurring, or regular instalment payments.
12. The Card cannot be used at ATMs or for online purchases or over-the-counter at financial institutions.
13. Authorisations may be declined at some merchants (such as gambling merchants or merchants who choose not to accept eftpos prepaid gift cards).

Waivers

14. We are not liable in any way if/when a payment authorization is declined for any particular transaction except where the authorisation has been declined because of an act or omission on our part.
15. The Card is like cash and may not be replaced if misused, lost, stolen or damaged. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents.

Refunds

16. Any refunds on Card transactions are subject to the policy of the specific merchant.
17. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.

Disputes & Complaints

18. If you notice any error relating to the Card, you should notify EML Client Relations immediately on 1300 739 889 during business hours or alternatively you can send an email to support@emlpayments.com.au.
19. 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 support@emlpayments.com.au.

Disclaimers

20. We may restrict or stop the use of the Card if suspicious activities are noticed.
21. You are responsible for checking your transaction history online and knowing your available balance. You can view your balance and transaction history at here (free of charge).
22. Information will be disclosed to third parties about the Card, or transactions made with the Card, whenever allowed by law, and also where necessary to operate the Card and process transactions. A full privacy policy can be viewed at https://www.emlpayments.com/privacy/.
23. We reserve the right to change these Terms and Conditions at any time.