Terms of Use

MicroGifts - Terms of Use

Welcome to MicroGifts! We are excited to have you here but before you start using MicroGifts, we do need you to read through and accept these terms. We have done our best to explain it all, so it’s clear what we expect from you and what you can expect from us.
These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, then you are unable to use our service.
If you have any questions or comments after you have read these terms, please email us.

1. Joining and using MicroGifts

1.1. You and MicroGifts: When we say you or your, we mean both you and any entity or business you are authorised to represent. When we say MicroGifts, we, our or us, we are talking about the MicroGifts entity you contract with and pay fees, detailed in the account agreement.

1.2. Our Services: Our Services consist of all the services we provide now or in the future, including our online and mobile app products.

1.3. Creating an Account: When you create an Account to use our services and accept these terms, you become an Account Owner. If you are the Account Owner, you’re the one responsible for paying for your or your Companies account.

1.4. The right to use our services: Whether you are an Account Owner or an invited user, we grant you the right to use our services (based on your Account type, your user role and the level of access you have been granted) for as long as the Account Owner continues to pay for the Account, until the Account is terminated, or – if you’re an invited user – until your access is revoked.

2. Roles

2.1. User roles and access: As an Account Owner inviting others into an account, you should understand the permissions you are granting to invited users.

2.2. People invited to use MicroGifts: An invited user is a person who has been invited to use our services. If you are an invited user, you must also accept these terms to use our services.

2.3. Account Owners role: As an Account Owner, you take responsibility for fully controlling how your account is managed and who can access it.

  • You control access to your Account. You decide who is invited to use our services on your account and what kind of access the invited user has. You can change or stop that access at any time.
  • You are responsible for resolving any disputes with any invited users over access to your account.
  • You are responsible for all your invited users’ activity.

2.4. Programme Manager role: As a Programme Manager, you take responsibility for controlling how your nominated Programmes are managed and who can access it.

  • You control access to your Programme. You decide who is invited to use our services you have subscribed to and what kind of access the invited user has. You can change or stop that access at any time
  • You are responsible for resolving any disputes with any invited users over access to your programmes.
  • You are responsible for all your invited users’ activity.

2.5. Manager role: As a Manager, you take responsibility for controlling how your nominated Programmes are managed and who can access it.

  • You control access to a Team of users. You decide who’s invited to use our services you’ve subscribed to and what kind of access the invited user has. You can change or stop that access at any time.
  • You are responsible for resolving any disputes with any invited users over access to your programmes.
  • You are responsible for all your invited users’ activity.

2.6. Sender role: As a Sender you take responsibility for controlling your own budget and sending MicroGifts.

  • You can send MicroGifts with a Programme you have been nominated as a user.
  • You are responsible for all communication you send using the Microsgift Platform.
  • You are responsible for all your actions within the MicrosGifts Platform and are responsible to comply with all your company policies and relevant laws.

3. Rules

3.1. Rules: Whatever your role when you use MicroGifts, you agree to follow the rules outlined below. Please read them and make sure you understand what you should and should not do.

3.2. All users shall not:

a. Undermine the security or integrity of our computing systems or networks.
b. Use our services in any way that might impair functionality or interfere with other people’s use.
c. Access any system without permission.
d. Introduce or upload anything to our services that includes viruses or other malicious code.
e. Commit fraud or other illegal acts through our services.
f. Act in a manner that is abusive or disrespectful to fellow entity employees, partners, or MicroGifts Recipients.
g. Act in a manner that is abusive or disrespectful to a MicroGifts employee, partner, or other MicroGifts customer. We will not tolerate any abuse or bullying of our MicroGifts employees in any situation and that includes interaction with our support teams.
h. Share anything that may be offensive, violates any law, or infringes on the rights of others. Commit fraud or other illegal acts through our services.
i. Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
j. Re-sell, lease or provide our services in any way not expressly permitted through our services.
k. Re-package, re-sell, or sub-license any leads or data accessed through our services.
l. Commit fraud or other illegal acts through our services.
m. Act in a manner that is abusive or disrespectful to a MicroGifts employee, partner, or other MicroGifts customer. We will not tolerate any abuse or bullying of our MicroGifts employees in any situation and that includes interaction with our support teams.

3.3. Your responsibilities:

a. You promise that you will keep your information (including a current mobile number & email address) up to date.
b. You are responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations.
c. You are also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards, but you will ensure that passwords are very strong and not easily guessable.

3.4. What we own:

a. We own everything we have put into our services unless otherwise stated and excluding content owned by others.
b. This includes rights in the design, compilation, and look and feel of our services.
c. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property.
d. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

4. Pricing

Pricing details and other terms of your Account Service agreement are contained in your Account Agreement. These include:

  • Trading Terms
  • Account Obligations
  • Responsibilities
  • Applicable Fees
  • Specific terms of trade beyond of our general terms of use.

4.1. Importance of timely payments:

a. In order to continue accessing our services, you need to make timely payments based on the Account Agreement. To avoid delayed or missed payments, please make sure we have accurate payment information. If we do not receive timely payments, we will suspend access to your account until the payment is made.

4.2. Low Balance Account Suspension:

a. MicroGifts will suspend all services on an Account Agreement if the balance of an account is not maintained.
b. MicroGifts cannot technically issue any gifts that exceed the account balance.

5. Data use and Privacy

5.1. Use of data: When you enter or upload your data into our services, you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.

5.2. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy policy sets out in detail how we process your own personal data that you enter into MicroGifts, like your name and email address.

5.3. Use of personal data you enter about others: Depending on where your contacts are based, our privacy policy may also apply to the personal data of others (such as your customers, suppliers, and employees) that you enter into MicroGifts.

5.4. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

5.5. Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we will let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you are best placed to make this decision, because you will have the most knowledge about the personal data stored in your subscription.

6. Confidential information

6.1. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

7. Security

7.1. Security safeguards: We have invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we have taken steps to help protect your data, no method of electronic storage is completely secure, and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

7.2. Account security features: We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what services you are using, we may require you to adopt some of these features. Where we make the use of security features optional, you are responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.

7.3. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there has been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of MicroGifts’ systems or services to store personal data, (unless it’s a field explicitly asking for personal data – like a first name or last name) credit card details, tax identifiers or bank account details.

8. Maintenance, downtime and data loss

8.1. Availability: We strive to maintain the availability of our services, and provide online support, 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.

8.2. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.

8.3. Data loss: Data loss is an unavoidable risk when using any technology. You are responsible for maintaining copies of your data entered into our services.

8.4. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.

8.5. Problems and support: If you have a problem, check our Q&A section that should help you with most situations. If still need help, you can contact our support team by scrolling to the bottom of the Q&A page and entering the form.

9. Liability and indemnity

9.1. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we are at fault).

9.2. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms in section 56, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.

9.3. Limitation of liability: Other than liability that we cannot exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

a. We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.

10. Disputes

10.1. Treat MicroGifts like Cash: Once a MicroGift has been sent to a recipient, the ownership of the card balance has been transferred to the owner, just like cash, once the card is in the recipient’s wallet MicroGifts cannot cancel cards, nor find lost or stolen cards. MicroGifts does not have access to electronic wallets – only the registered wallet owner has access. Please treat MicroGifts as Cash.

10.2. Individual Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team. If we are unable to resolve your individual card complaint to your satisfaction, we recommend you raise with the entity account owner who sent the card. MicroGifts can only deal with disputes raised through the entity account owner.

10.3. Events outside our control: We are not liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

10.4. Notices: Any notice you send to MicroGifts must be sent to support@microgifts.com Any notices we send to you will be sent to the email address you have provided us through your subscription.

10.5. Consumer laws: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict, or modify them.

a. Except for non-excludable consumer guarantees and other rights, you have that we cannot exclude:
b. We are bound only by the express promises made in these terms.
c. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).

10.6. Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.

10.7. Changes to these terms: We sometimes will decide to change these terms of use. Generally, we endeavour to provide notice of material changes to account owners before they become effective. If a change is not material, we will not notify you.

10.8. Enforcement of terms: If there is any part of these terms that either one of us is unable to enforce, we will ignore that part but everything else will remain enforceable.

10.9. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.

10.10. MicroGifts contracting entities; law and venue: The contracting entity for Australian accounts is listed on the entity account contract agreed at the time of opening the account.

MicroGifts Tokenised Prepaid Mastercard® Terms and Conditions

These Terms and Conditions apply to your MicroGifts Tokenised Prepaid Mastercard (“the Card”). The card is issued by EML Payment Solutions Limited (ABN 30 131 436 532) AFSL 404131 (EML) pursuant to license by Mastercard Asia/Pacific Pte. Ltd. and distributed by MicroGifts Pty Ltd ABN 37 642 690 846 (“MicroGifts”). EML has authorised MicroGifts to arrange for the issue of the card. In these card terms and conditions, we, us or our means EML and MicroGifts; and you, your or user means the cardholder.

When we refer to the Pays, we are referring to Apple Pay, Google Pay or Samsung Pay and further, 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 the Device.

1. You agree to be bound by these Terms and Conditions by utilizing the Card in any capacity including but not limited to activating the Card, storing the Card into your Device, loading, reloading or using any Card features.

2. The Card is a Tokenised Prepaid Mastercard that can be used for purchasing goods and services where Mastercard prepaid cards are accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions).

3. The Card must be activated prior to use and expiry. To activate the Card, you must follow the activation steps in the MicroGifts app.

4. The Card is not a credit card and nor is it linked to a deposit account.

5. There is no interest payable to you on the Available Balance on the Card;

6. 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 MicroGifts app or your digital wallet.

The Card is not reloadable. You are responsible for determining the available balance and ensuring the availability of sufficient funds for all transactions in the relevant currency. 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.

7. In the event the available amount on the Card is less than the purchase amount, some Merchants may not allow the Cardholder to combine multiple payment types (such as cash, check or another payment card) to complete the Transaction.

8. The Card does not have cash out capability. You may not use the Card to withdraw cash.

9. The Card is valid until the expiry date shown within the Microgifts App and cannot be used after expiry. At expiry, the remaining available balance will be forfeited. We will not give you any notice before this happens.

10. To check expiry date, go to the MicroGifts App.

11. The Card cannot be used to obtain or redeem cash and cannot be used for making direct debit, recurring, or regular instalment payments. Use of the Card may be declined at some merchants (such as gambling merchants or merchants who choose not to accept the Card).

12. 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.

13. You are responsible for all transactions on the Card. If you notice any error relating to the Card, you should notify MicroGifts Customer Support immediately by email at support@microgifts.com

14. You are responsible for checking your transaction history, knowing the available balance and date of expiry for the Card, all of which will be available to you on your Device by accessing the MicroGifts app.

15. 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 Cards, 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 have other cards stored on your Device for payment and you inadvertently use the Card when using your Device as a payment method;
c. for the use, functionality or availability of a Device;
d. the availability of merchants who allow the use of the Device and Card as payment;
e. reduced levels of service caused by the failure of third-party communications and network providers (except to the extent deemed liable under the ePayments Code); or
f. if your Device security measures are compromised, you allow others access to your Device or to otherwise circumvent the security measures of your Device.

16. We are not liable in any way if funds are misappropriated. If your Device is lost or stolen please contact MicroGifts for further assistance in deactivating your current card and re-installing your MicroGifts App.

17. Our liability for breach of a condition or warranty implied by law and which cannot be excluded is limited to either the resupply of the services or the payment of the cost of having the services supplied again.

18. 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 have a problem with your Card, please contact MicroGifts Customer Support on support@microgifts.com during normal business hours: Monday til Friday 9.00am-5.00pm or alternatively you can send an email to support@emlpayments.com.au.

19. The digital Card is our property. We reserve the right, with or without notice and without incurring any liability to you to restrict, suspend or stop the use of the Card at our sole discretion, including without limitation if:

a. we determine the Card has been used for an unlawful purpose;
b. we determine suspicious activities have occurred;
c. we discover you have breached these Terms and Conditions;
d. you provide inaccurate, incomplete, false or deceptive information when applying for or using the Card.

20. You agree to pay and authorise us to debit from your available balance all fees and charges listed in the Fees and Charges table below immediately as they are incurred.

Card Limits

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

(The Maximum Available Balance is the maximum monetary value that may be loaded at any given time. The maximum available balance is not to be confused with or reflective of the actual balance. The actual balance is the monetary value available for use.)

Load/transaction Limit
Point of Sale Limits
Maximum Point of Sale transaction limit (per transaction) $999
Daily Point of Sale limit $999
Maximum number of transactions per day 20
Load and Account Limits
Available Balance limit $999

Fees and Charges

All fees will be deducted directly from the available Card balance as set out below.

MicroGifts Mastercard Fee Fee $ Amount (ex-GST)
Sign-up Fee $0
Point of Sale Transaction Fee $0
Card Activation Fee $0
Balance Enquiry $0
Disputed Transaction Fee $25.00
Mastercard Foreign Exchange Fee 2.99%
 

Card Issuing Fee

$0
Card Replacement Fee – when You request a replacement Card for a lost, stolen or damaged Card $0
Card cancellation or account closure fee $0
Card renewal few $0
Monthly Inactive Card Fee (applied after 180 days) $0
Load Fee $0

21. 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.

22. 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, cash refund or in-store credit. 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.

23. At no time during use, termination or cancellation of your MicroGifts membership are funds in your MicroGifts account transferrable or exchangeable for cash.

24. We may delay, suspend, block or terminate the processing of any transaction, without incurring any liability if we suspect the transaction:

a. involves in any way illicit proceeds, illicit conduct or relates to an unlawful purpose;
b. may be in breach of any laws and regulations in Australia or any other country.

25. If we discover an error in the amount of funds loaded, reloaded, transferred, received or used for any reason, we are authorized 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.

26. If you have a query about the Card, you should initially contact MicroGifts by emailing Client Services on support@microgifts.com during business hours. If you have a complaint relating to the Card, please contact EML at any of the following:

Phone: 1300 739 889 from 8am – 5pm Monday to Friday (Sydney time)

Email: support@emlpayments.com.au

Mail: Locked Bag 5, Fortitude Valley BC, 4006

28. We reserve the right to change these Terms and Conditions at any time. Any changes to the Terms and Conditions can be viewed at https://www.emlpayments.com/.

27. 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