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.
1.1. 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.
2.1. 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.
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.
2.5. Manager role: As a Manager, you take responsibility for controlling how your nominated Programmes are managed and who can access it.
2.6. Sender role: As a Sender you take responsibility for controlling your own budget and sending MicroGifts.
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.
Pricing details and other terms of your Account Service agreement are contained in your Account Agreement. These include:
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.
c. MicroGifts IT fraud systems will restrict the numbers of Gifts redeemed each day to a maximum of 5 gifts.
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.
5.6 Disclosure of your personal information: We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services including reward providers and other third parties engaged for the purposes of performing other services in connection with MicroGifts, including the provision of a Microgifts Reward or a MicroGifts Balance enquiry display.
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.
7.1. 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.
8.1. 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.
9.1. 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.
10.1. 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.
Welcome to Digital Cash! We are excited to have you here but before you start using Digital Cash, 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.
MICROGIFTS and Digital Cash SITE TERMS OF USE
PLEASE READ THESE SITE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE OR USING THE SERVICES ON THE SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS OF USE. If you are ACCESSING OR using the Site as a representative on behalf of a legal entity, you represent that you have the legal authority to agree to these SITE Terms OF USE on that entity’s behalf. IF YOU DO NOT AGREE WITH THESE SITE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THIS SITE.
You are currently viewing a page of a website or mobile application belonging to MicroGifts (Australia) Pty Ltd (ACN) or one of its related body corporates (“MicroGifts,” “we,” “us,” or “our”) (each page, a “MicroGifts Site” or “Site”). These Site Terms of Use (“Terms”) apply to your access to and use of this MicroGifts Site, including any content and functionality, and services offered on or through the Site (“Services”). “You” and “your” refer to any person who accesses or uses the Site or Service (or, if you are accessing or using this Site as a representative on behalf of a legal entity, then to you and that entity collectively).
MicroGifts reserves the right to modify these Terms, including the availability of any features or functionality of the Website, at any time without notice, if we consider it reasonably necessary to protect our legitimate commercial interests. Any change to these Terms will be effective when the updated Terms are posted on the Site. You can find the current version of the Terms at any time by clicking the “Site Terms of Use” link at the bottom of the Site. By continuing to access the Site or use the Services on or after the date new Terms are posted, you agree to be bound by the most recent version of these Terms. MicroGifts reserves the right to modify the Site or terminate your access to the Site, in whole or in part, at any time, with or without notice. It is your responsibility to review these Terms of Use periodically for changes, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. Your continued use of the Site or Services after the posting of changes to the Terms of Use evidences your agreement to the changes.
“Access” has the meaning set forth in Section 9.1.
“MicroGifts Content” means information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending or issued patents, trade dress or other intellectual or proprietary rights owned, controlled, or licensed by MicroGifts.
“MicroGifts Marks” mean trademarks, service marks, trade names, and logos of MicroGifts, Digital Cash.
“MicroGifts Products” mean products or services you may purchase, order, or obtain from a MicroGifts or Digital Cash Site.
“MicroGifts Site” or “Site” has the meaning set forth in the preamble.
“Claim” means an action, allegation, cause of action, cease and desist letter, charge, citation, claim, demand, directive, lawsuit or other litigation or proceeding, or notice.
“Confidential Information” means MicroGifts’ marketing philosophies and objectives, financial and pricing information, client lists, cardholder data, card numbers, card balances, cardholder transactions, business processes, competitive advantages and disadvantages, vendors, and any other information a reasonable person would determine to be sensitive, proprietary, or confidential. Confidential Information does not include information that is publicly known through no fault of yours or that has been independently developed without access to or use of MicroGifts’ Confidential Information.
“Damages” means assessments, fines, bona fide settlements, costs, damages (including consequential, indirect, special, incidental or punitive damages), expenses (including without limitation reasonable attorneys’ fees, expenses and costs), judgments, liabilities, losses, or penalties, incurred in connection with a Claim.
“Electronic Communication” means any communication by telephone, text message, wire, facsimile, computer (including, but not limited to, e-mail) or other method of telecommunication or electronic transmission.
“Feedback” means any and all suggestions, comments, and feedback that you submit to MicroGifts, whether by letter, email, telephone, or at or via a MicroGifts Site in connection with the Site or any MicroGifts Products.
“Inappropriate Content” has the meaning described in Section 9.2.
“Linked Site” means either or both of: (i) a website controlled or offered by a third party that allows users to access a MicroGifts Site or (ii) a website controlled or offered by a third party that may be accessed from a MicroGifts Site.
“Product‑Specific Terms” mean additional terms and conditions that apply to a specific MicroGifts Product.
“Service” has the meaning set forth in the preamble.
“Submitted Data” means any data you transmit to a MicroGifts Site, whether such data consists of text, pictures, artwork, audio, video, or multimedia.
Some MicroGifts or Digital Cash Products have Product-Specific Terms. If you purchase or use those MicroGifts Products, you agree to any such Product-Specific Terms in addition to these Terms. All Product-Specific Terms are incorporated by reference into the Terms. If there is a conflict between these Terms and any Product‑Specific Terms, the Product‑Specific Terms will prevail.
Our goods and/or services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Some MicroGifts Sites may allow you to select and purchase or order MicroGifts Products. Some MicroGifts Products can be customised with text, pictures, and/or graphics. When you have completed your order (including any required payment), MicroGifts will produce the MicroGifts Products you select and send them to the recipients you direct. The price for each MicroGifts Product will be stated in AUS Dollars and is incorporated into these Terms by reference. Please note that prices and fees may change from time to time. The price you will pay is the price indicated on the Site when you place your order. Please place and complete orders carefully. To the extent permitted by law, purchases of MicroGifts Products are non-returnable and non-refundable. MicroGifts IT fraud systems will restrict the numbers of Gifts redeemed each day to a maximum of 5 gifts. If you have any questions or problems with your order or if you have not received your order within the expected time frame, please contact us immediately at: 1300 883 667. Please include your order number in all communications for prompt service.
MicroGifts may make a mobile application available to access the Site via a mobile device. To use the mobile application, you must have a mobile device compatible with the mobile service. MicroGifts does not warrant that the mobile application will be compatible with your mobile device. MicroGifts grants you a non‑exclusive, non-transferable, revocable license to use an object code copy of the mobile application for one registered account on one mobile device owned or leased solely by you, for your personal use. You agree not to: (i) modify, disassemble, decompile or reverse engineer the mobile application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the mobile application to any third-party or use the mobile application to provide time sharing or similar services for any third-party; (iii) make any copies of the mobile application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the mobile application, features that prevent or restrict use or copying of any content accessible through the mobile application, or features that enforce limitations on use of the mobile application; or (v) delete the copyright and other proprietary rights notices on the mobile application. You acknowledge that MicroGifts may from time-to-time issue upgraded versions of the mobile application and may automatically electronically upgrade the version of the mobile application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. Our grant of a license under this Section 4.1. is not a sale of the mobile application or any copy thereof. We and our third-party licensors or suppliers retain all right, title, and interest in and to the mobile application (and any copy of the mobile application). Standard carrier data charges may apply to your use of the mobile application.
The following additional terms and conditions apply with respect to any mobile application that MicroGifts provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
4.1. You acknowledge that these Terms are between you and MicroGifts only, and not with Apple, Inc. (“Apple”).
4.2. Your use of MicroGifts’ iOS App must comply with Apple’s then-current App Store Terms of Service.
4.3. MicroGifts, and not Apple, is solely responsible for our iOS App and the MicroGifts Product and MicroGifts Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
4.4. You agree that MicroGifts, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
4.5. You agree that MicroGifts, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
4.6. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
4.7. You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
4.8. The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of MicroGifts’ iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
5.1. You acknowledge that these Terms are between you and MicroGifts only, and not with Google, Inc. (“Google”).
5.2. Your use of MicroGifts’ Android App must comply with Google’s then-current Android Market Terms of Service.
5.3. Google is only a provider of the Android Market where you obtained the Android App. MicroGifts, and not Google, is solely responsible for MicroGifts’ Android App and the MicroGifts Product and MicroGifts Content available thereon. Google has no obligation or liability to you with respect to MicroGifts’ Android App or these Terms.
5.4. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to MicroGifts’ Android App.
6.1. You acknowledge that these Terms are between you and MicroGifts only, and not with Amazon.com, Inc. (“Amazon”).
6.2. Information that MicroGifts collects from you or your device are subject to these Terms and the applicable privacy-related policies and notices of MicroGifts, and will not be subject to the Amazon.com Privacy Notice.
6.3. Amazon has no obligation or liability to you with respect to MicroGifts’ Amazon Android App and the MicroGifts Product and MicroGifts Content available thereon or these Terms. MicroGifts, and not Amazon, are solely responsible for MicroGifts’ Amazon Android App and the MicroGifts Products and MicroGifts Content available thereon. For the avoidance of doubt, the Amazon Android App does not include any software that you may need to install on your mobile device in order to download applications from the Amazon App Store (the “Appstore Software”). The Appstore Software is licensed to you by Amazon pursuant to the terms of the then current Amazon Appstore for Android Terms of Use.
MicroGifts Sites contain MicroGifts Content. You acknowledge and agree that the rights to MicroGifts Content belong to their respective owners and are protected in all forms, media and technologies existing now or later developed. You agree not to use, reproduce, or display: (i) any MicroGifts Marks without MicroGifts’ written permission and (ii) any MicroGifts Content in any manner without the owner’s written permission.
You agree not to “frame” or “mirror” any MicroGifts Content contained on or accessible from a MicroGifts Site on any other server or Internet-based device without the advance written authorization of MicroGifts or its licensors or licensees, respectively.
9.1. MicroGifts grants you permission to (i) access and view each of its Sites and (ii) submit orders for MicroGifts Products. Any other use of a MicroGifts Site or MicroGifts Content, in whole or in part, without permission of the applicable rights holder, is strictly prohibited, including without limitation: copying, displaying, distributing, uploading, posting, transmitting, republishing, publicly performing, proxy catching, linking to, licensing, altering, modifying, deleting, creating derivative works of, reverse engineering, or other similar unauthorised exploitation of a Site or its MicroGifts Content. Your use of a MicroGifts Site is subject to applicable local, state, federal and international law. Your use of a MicroGifts Site or any MicroGifts Content in violation of these Terms could subject you to criminal prosecution and/or personal liability for damages.
9.2. You agree not to use a Site or any MicroGifts Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to: (i) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Site; (v) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (vii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt any Site or servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
10.1. Copyright Policy, Representation.
You are wholly responsible for any Submitted Data. You acknowledge and agree that it is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that: (i) no Submitted Data violates any copyright, trademark or other intellectual property or proprietary right and (ii) all Submitted Data complies with these Terms. Before transmitting Submitted Data to a Site, you should ensure that either: (i) such Submitted Data is in the public domain and therefore not subject to copyright protection or (ii) you have the consent of the copyright or trademark owner to use the material. By uploading Submitted Data to a Site and/or by submitting Submitted Data for integration into any MicroGifts Product for processing, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the Submitted Data solely in connection with our providing products and/or services to you; and (ii) you represent and warrant to us either that: (X) the Submitted Data are in the public domain; (Y) you have all right, title and interest in and to all copyrights and trademarks in the Submitted Data; or (Z) you have the express permission from the rights holder to copy and use, and to grant the rights granted herein with respect to, such Submitted Data for all purposes related to the products you order through the Site. You further represent that the Submitted Data do not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
10.2. Submitted Data Content Policy and Acknowledgement; Compliance with Law.
You may not upload to a Site any material, whether text, images, or otherwise, that: (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party, including without limitation, images of celebrities, actors, musicians, sports figures, politicians, cartoon characters or public figures of any kind; (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof; (c) violates the applicable rules or guidelines of a third party (g., a card association); or (d) includes phone numbers, addresses, account numbers, personalized identification numbers or URL addresses (collectively, “Inappropriate Content”).
10.3. MicroGifts’ Right to Reject Submitted Data.
MicroGifts reserves the right to determine, at its sole discretion, whether Submitted Data will be accepted for incorporation into MicroGifts Products.
Subject to applicable law and the provisions of Section 14 below (“Privacy and Data Collection”), you grant MicroGifts a license to use Submitted Data you post or transmit to a MicroGifts Site in connection with MicroGifts’ operation of its business. This license includes, without limitation, a right to copy, distribute, transmit, reproduce, edit, translate, and reformat Submitted Data. You will not be compensated for any Submitted Data.
12.1. MicroGifts respects the intellectual property rights of others, and we ask you to do the same. In appropriate circumstances and at our discretion, MicroGifts may terminate service and/or access to a Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a Site, please provide MicroGifts’ designated agent the following information:
12.1.1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.1.2. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
12.1.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit MicroGifts to locate the material.
12.1.4. Information reasonably sufficient to permit MicroGifts to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
12.1.5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright and/or trademark owner, its agent, or the law.
12.1.6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
MicroGifts’ agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:
Attn: Nick Roche
Email: support@microgifts.com
You agree that MicroGifts or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorised uses of a Site or Services without notice to you.
12.2. Feedback
You agree that all Feedback is, and will be treated as, non-confidential and non-proprietary, except as otherwise specifically agreed or required by law. Except as prohibited by applicable law, you assign all right, title, and interest in, and MicroGifts is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, for any purposes whatsoever and without any restriction of any kind. Where this assignment is prohibited by law, you grant MicroGifts an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, and the like. You understand and agree that MicroGifts is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
12.3. Chat
MicroGifts may make an interactive online chat (“Chat”) service available to you, including, but not limited to, when providing customer service. MicroGifts makes no warranty that the Chat service will be available at any particular time or be free of fault or error. If you are under 18 years of age and are invited to use the Chat service, you must not use the Chat service and you must leave the Site. During your use of the Chat service, you may interact with a bot, chatbot, virtual assistant, virtual concierge, or other non‑human (each, a “Chatbot”). We will disclose the use of the Chatbot to the extent required by applicable law. When engaging with us through use of the Chat service, be advised that chats may be monitored and retained. The Chat service is provided as a convenience. Participating in the Chat service does not constitute consent by you or us to use electronic records and signatures as a substitute for written documents. Any personal information shared with us when using the Chat service shall be subject to the applicable privacy-related policies and notices described below. You agree that you will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message; doing so may result in termination of the Chat service session.
To the extent permitted by law, you agree that in the event of any damage to or loss of a MicroGifts Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Linked Sites, and MicroGifts Merchants), , our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Linked Sites and MicroGifts Merchants), and your sole remedy, is at our option, to either: (i) replace the lost or damaged MicroGifts Product(s) or (ii) provide you with a refund or credit for the cost of the purchase price for the lost or damaged MicroGifts Product(s).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MICROGIFTS FOR ITSELF AND ITS LICENSORS, LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF LINKED SITES, AND MICROGIFTS MERCHANTS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE MICROGIFTS PRODUCTS, OR ANY MICROGIFTS CONTENT AND ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SITES, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER MICROGIFTS NOR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OF THEIR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF LINKED SITES OR MICROGIFTS MERCHANTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES, OR AVAILABILITY OF ANY SITES. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Under no circumstances shall we (or our licensees, suppliers, fulfillers, owners and operators of Linked Sites or MICROGIFTS Merchants) be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of, inability to use, any Site, any Content, or any products or services offered through a Site, including any direct, indirect, incidental, EXTRAORDINARY, PUNITIVE, special or consequential damages (including but not limited to damages for loss of profits, REVENUE, use, data or other intangibles OR ECONOMIC ADVANTAGE), HOWEVER ARISING, except to the extent that any damages were caused or contributed to by our negligence or wilful misconduct. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, MicroGifts Product, or Submitted Data, the inability to use a Site, any changes to a Site (or its products and/or services), or the unauthorised access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.
In addition, if you violate these Terms and intentionally publicise such violation, you acknowledge that MicroGifts and its affiliated companies may suffer substantial damage to their reputation and goodwill and that you can be liable for causing such substantial damage. Furthermore, you agree not to use the services offered through the Site, including ordering any MicroGifts Products, in any manner that would cause damage to the public reputation of MicroGifts, its affiliated companies, and their employees, shareholders, board members, MicroGifts Merchants, or third parties for which MicroGifts provides services. If you use or publicly display any products ordered through the Site, including by display on the Internet, in order to intentionally bring harm to MicroGifts or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Linked Sites or MicroGifts Merchants, then, to the maximum extent permitted by applicable law, MicroGifts reserves the right to demand the immediate return of the MicroGifts Product(s) ordered from a Site, to invalidate, without refund, the value of any such MicroGifts Products, and to pursue any and all further remedies available to MicroGifts and its affiliated companies under the law.
Termination of Access
We may, in our sole discretion, terminate or suspend your entry to and/or use of any or all MicroGifts Sites, Services, MicroGifts Products, and/or any accounts you may have (collectively, your “Access”), at any time, with or without notice and for any reason (or no reason). You agree that if we terminate your Access, you will not: attempt, directly or indirectly, to enter, use and/or access the Site, Services, MicroGifts Products or your account until such suspension is lifted. We also reserve the right to cancel accounts that have been inactive for six months. For the avoidance of doubt, we may cancel your User ID or password without notice, and if we request that you cease to use your User ID, you must do so immediately. If we terminate your Access, we will have no obligation to return your Submitted Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. You acknowledge and agree that your sole recourse and remedy if MicroGifts terminates your Access is to receive a refund for any products paid for but not processed or fulfilled by MicroGifts, if any.
14.1. Privacy and Data Collection
Your use of a MicroGifts Site is subject to the applicable law and the applicable privacy-related policies and notices of MicroGifts set forth on the Site, potentially including but not limited to the MicroGiftsMicroGifts Privacy Policy and MicroGiftsMicroGifts Cookie Policy.
14.2. Security
You agree not to violate or attempt to violate the security of any MicroGifts Site, including without limitation: (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorised to access; (c) attempting to probe, scan, or test the vulnerability of any system or network related in any way to a Site without proper authorization; (d) attempting to breach security or authentication measures without proper authorization; (e) interfering or attempting to interfere with service to any user, host, or network, including without limitation, by sending unsolicited e-mail, flooding, spamming, mail bombing, overloading, or crashing; (f) sending promotions and/or advertising products and/or services; (g) introducing any virus, worm, Trojan horse, or other material that may harm or disrupt MicroGifts’ systems or services; or (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by MicroGifts in providing the MicroGifts Site, Services, or MicroGifts Products.
If you have an account on a Site, you understand that your account information on the Sites is controlled by you, through the User ID and password you selected. You are responsible for protecting the confidentiality of your User ID and password and for restricting access to your computer. MicroGifts is entitled to rely on the fact that any Submitted Data, orders for MicroGifts Products, or other information sent to any Site under your User ID and password for that Site were sent by you. You agree to accept responsibility for all activities that occur under your User ID and password. If your User ID or password is lost, stolen, or becomes known to an unauthorised person, or if you believe that someone has accessed your account without authorisation, you agree to notify MicroGifts immediately by calling 1300 000 889.
16.1. Applicable Law
Since MicroGifts Sites can be accessed from anywhere in Australia, as well as from other countries around the world, and each of these places has laws that may differ from those of Australia, by accessing a Site both you and MicroGifts agree that the statutes and laws of the State of New South Wales, Australia without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of such Site and its MicroGifts Content. MicroGifts makes no representation that the Sites or MicroGifts Content are appropriate or will be available for use in other locations. If you use a Site from outside Australia, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Site and MicroGifts Content and any third-party content. Unless otherwise explicitly stated, all marketing or promotional materials found on a Site are solely directed to individuals, companies or other entities located in Australia.
16.2. Jurisdiction and Venue
You and MicroGifts further agree to submit to the exclusive personal jurisdiction of Courts of the State of New South Wales, Australia with respect to any matters relating to the services, the use of a Site and its MicroGifts Content, or any transactions arising therefrom. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All costs and taxes on a Site are quoted in AUS dollars. You must pay all applicable taxes on purchases made on a Site and on any associated charges. We may, in our sole discretion, add, delete, or change some or all the prices of our products and services at any time without notice, other than as set forth on the relevant Site.
Except to the extent a Site states otherwise, if you purchase a MicroGifts Product from a Site, there are no refunds, and all sales are final.
You warrant to us that: (i) you own or have the requisite authority over any Submitted Data; (ii) any Submitted Data will be accurate and complete; (iii) any Submitted Data and any of your activities on a MicroGifts Site, through the Services, or in connection with MicroGifts Products: (a) do not infringe in any manner on any third-party rights, (b) do not violate any applicable laws or regulations, (c) are not defamatory, libelous, slanderous or threatening, (d) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, (e) have not resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity, (f) are not false, deceptive or misleading, and (g) will be free of any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information.
You agree to defend, indemnify, and hold harmless MicroGifts and its related body corporates (and the officers, directors, agents, employees, and representatives of MicroGifts and its related body corporates), our licensees, suppliers and fulfillers, owners and operators of Linked Sites and MicroGifts Merchants from and against any and all Claims and Damages arising out of or related to: (i) your use of a MicroGifts Site, the materials it contains, and/or any Linked Sites; (ii) your breach of these Terms; (iii) your violation of applicable law; (iv) your infringement of any intellectual property right or other right of any person or entity; (v) actions taken by any person using your login information (User ID and password); (vi) your use of any Inappropriate Content; or (vii) any acts prohibited under Section 10 with respect to your Submitted Data, except that the indemnity will not apply to the extent that any such Damages are caused or contributed to by MicroGifts.
You will be deemed to have authorised any Electronic Communication received from you or in your name, and you authorise us to rely and act upon any such communication. For our mutual protection, we may record telephone calls that relate to the use of or include instructions for using MicroGifts Products or the Site. To the maximum extent permitted by applicable law, you agree that our records regarding any Electronic Communication will be admissible in any legal, administrative or other proceedings as if such records were original written documents. To the maximum extent permitted by applicable law, our records will be conclusive proof of the information contained in such Electronic Communications. You consent to receive communications from us electronically, including via email or text message. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless otherwise provided by law.
You agree that you will not disclose or use any Confidential Information of MicroGifts. You acknowledge that any breaches of this provision may result in irreparable harm to MicroGifts for which no adequate remedy at law may be available and that as such MicroGifts will be entitled to equitable relief.
Survival
The proprietary rights, confidentiality, disclaimer of warranties, representations and warranties made by you, indemnities, limitations of liability, governing law, jurisdiction, venue, and general provisions shall survive any termination of these Terms.
Assignment
We may assign our rights and responsibilities hereunder without notice to you.
Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect and any invalid provision will be replaced with a valid provision that most closely approximates the intent of the invalid provision. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.
Amendment
We reserve the right to amend or modify these Terms or impose new conditions at any time provided that the changes do not materially reduce or limit your rights under these Terms. We will only change these Terms in a way that materially reduces or limits your rights under these Terms if the change is required by law, where such changes are imposed on us by third party suppliers or where the change is required to protect our legitimate commercial interests. You will not receive advance personal notice of such changes. If we make changes to these Terms in a way that materially reduces or limits your rights under these Terms, we will endeavour to give you 60 days’ notice by publishing the revised Terms on the applicable Site. Any change will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site.
No Wavier
The failure of MicroGifts to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MicroGifts in writing.
For complaints, customer service and general enquiries please contact:
Mailing Address:
MicroGiftsMicroGifts
Level 10, Suite 04
6A Glen St.
Milsons Point NSW 2060
Australia
Email: Au.support@microgifts.com
Phone: 1300 000 889
Updates to Terms of Use
This Agreement was last updated in October 2023.
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.
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 |
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
Pocket Money – Gift Card Promotion – Terms and Conditions
The Big W promotion for the Pocket Money gift card consists of the following pricing discount: 10% discount on the face value loaded on the card.
Promotion Includes Pocket Money variable load $25.00-75.00 cards only. Limit four cards per customer. While stocks last. Card is not redeemable for cash. Card cannot be replaced if lost or stolen. Funds remaining on card at the end of the expiry date will not be refunded. We reserve the right to cancel any or all promotions at any time if we suspect error, fraud or any other abuse of the promotion is occurring. Full T&C’s can be found at: https://www.microgifts.com/terms-of-use/
