Terms of Service

The domain name www.thinkwink.com.au (website) is the website and property of Think Wink Pty Ltd (Wink).

These conditions of use govern access to and use of the website. Your access to and use of the website constitutes your acknowledgement and acceptance of these conditions of use and Wink's privacy policy. The laws of New South Wales, Australia govern these conditions of use.

No Warranty or Representation

The information on the website may not be accurate or up to date in all instances. Wink does not warrant the quality, accuracy or completeness of any information on the website.

The website may contain links to third party websites. Wink does not make any representations regarding the contents of third party websites.

Disclaimer

Wink expressly disclaims any liability for or with respect to:

• the contents of the website
• the contents of any third party websites to which the website links.

No Professional Advice

No information provided on the website is intended to constitute professional advice. Many factors unknown to Wink may affect the applicability of any information on the website. You should seek appropriate professional advice from a qualified person.

Intellectual Property

All intellectual property rights (including but not limited to rights relating to copyright, trade mark, logo, design and patent, whether registered or not) relating to:

• the website;
• information on the website,

are vested in Wink except where those rights are vested in another person, body, corporation or other legal entity.

Prohibited Uses

You must not do any of the following without the prior written consent of Wink:

• accumulate, compile, disseminate, extract, process or reproduce in any form any webpages on the website or information on the website
• use or reproduce any trademark, logo or design on the website
• use contact information specified on the website about a person, body, corporation or other legal entity to send unsolicited communications in any form to that person, body, corporation or other legal entity
• use the website in any manner that hinders or prevents access to or use of the website by Wink or other users
• use any type of device, process, routine or software which either systematically or non-systematically interferes or attempt to interferes with the functioning of the website or any transaction or process conducted on or through the website

Tokenised Prepaid Mastercard^® Terms and Conditions

These Terms and Conditions apply to your Digital 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 TCN Group Pty Limited ABN 87 626 501 568 (“The Card Network”) or (“TCN”) EML has authorised The Card Network to arrange for the issue of the card. In these card terms and conditions, we, us or our means EML and The Card Network; 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.

Pays availability is subject to your respective Card program sponsor and device capability. Although the Card is Pays enabled, availability of the Pays is contingent upon the card program you have signed-up for. In addition, Cardholders associated with Pays enabled programs must ensure their device is Pays capable. This means your device must have the ability to store the Card and actuate a purchase.

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, 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 TCN app.
4. The Card is not a credit card and nor is it linked to a deposit account with us.
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 TCN 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 TCN 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 TCN 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, except where there has been fraud or negligence by our staff or agents. If you notice any error relating to the Card, you should notify The Card Network Client Services immediately.
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 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:
    1. if authorisation is declined for any transaction, except where the authorisation has been declined because of an act or omission on our part;
    2. if you have other cards stored on your Device for payment and you inadvertently use the Card when using your Device as a payment method;
    3. for the use, functionality or availability of a Device;
    4. the availability of merchants who allow the use of the Device and Card as payment;
    5. 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
    6. 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. The Card is like cash and may not be replaced if misused lost, stolen or damaged.
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 cannot resolve the dispute with the merchant, you can contact The Card Network.
    
    If you notice any error relating to the Card or have a query about the Card, you should initially contact The Card Network by phoning Client Services during business hours.
    
    
    The Card Network Client Services can be contacted on
    • Phone: 1300 375 346, or
    • Email: info@thecardnetwork.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:
    1. we determine the Card has been used for an unlawful purpose;
    2. we determine suspicious activities have occurred;
    3. we discover you have breached these Terms and Conditions;
    4. you provide inaccurate, incomplete, false or deceptive information when applying for or using the Card.
20. 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.
21. We may delay, suspend, block or terminate the processing of any transaction, without incurring any liability if we suspect the transaction:
    1. involves in any way illicit proceeds, illicit conduct or relates to an unlawful purpose;
    2. may be in breach of any laws and regulations in Australia or any other country.
22. 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.
23. If you have a query about the Card, you should initially contact The Card Network by emailing Client Services on info@thecardnetwork.com.au 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

24. 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://thecardnetwork.com.au/pages/privacy-policy
25. We reserve the right to change these Terms and Conditions at any time. Any changes to the Terms and Conditions can be viewed at thinkwink.com.au.

Visa Gift Card Terms & Conditions

GENERAL INFORMATION

These Conditions of Use govern the use and operation of your Visa gift card (“Card”). Your Visa Card is issued to you by TCN Group Pty Ltd ABN 87 626 501 568 (“the Distributor”).

By acquiring this Visa Card, you accept these Conditions of Use.

In these Conditions of Use, “you” refers to the person who acquires the Card, whether by purchasing the Card or receiving the Card as a gift, and “us”, “we” or “our” refers to TCN Group Pty Ltd (“TCN”).

The Distributor is the distributor and promoter of your Card. The Distributor is also responsible for providing certain cardholder services to you. These services include providing you with your Card, providing lost and stolen services and assisting you with any enquiries you may have regarding the use of your Card.

Pays availability

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 phone or wearable device that allows you to store a Card to the Device. Pays availability is subject to your respective Card program sponsor and device capability. Although the Card is Pays enabled, availability of the Pays is contingent upon the card program you have signed-up for. In addition, Cardholders associated with Pays enabled programs must ensure their device is Pays capable. This means your device must have the ability to store the Card and actuate a purchase.

Using the Card and Expiration

The Card is a prepaid Visa card that can be used for purchasing goods and services where prepaid Visa cards are accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions). Your Card cannot be used to make direct debit or recurring or regular instalment payments. Such attempted unauthorised use may result in your Card being suspended or cancelled and any remaining value on your Card being forfeited.

The card will expire according to the month and year found on your tokenised card on your device. The Card is valid until the expiry date and cannot be used after expiry. On the expiry of your Card, any balance that remains after the expiry date will not be available for use and will be forfeited by you and become the property of the Distributor.

All transactions conducted overseas will be converted into Australian dollars. Transactions will either be converted directly into Australian dollars or will be first converted from the currency in which the transaction was made into US dollars and then converted to Australian dollars by Visa Worldwide PTE Ltd (“Visa”). The conversion rate used is either:

• a wholesale market rate selected by Visa from the range of wholesale rates available in wholesale currency markets for the applicable processing date, which may vary from the rate Visa receives; or
• the government-mandated rate in effect for the applicable processing date.

You must not use your Card for any unlawful purpose, including the purchase of goods or services prohibited by the laws of Australia and/or the laws of the location where the Card is used or where the goods or services are provided. Should your Card be used for unlawful purposes, we may restrict you from accessing any value available on your Card.

Card Limitations

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.

Your Card is not reloadable. This means that additional funds cannot be added onto your Card. The Card is not a credit card and nor is it linked to a deposit account with us.

The Card cannot be used to obtain or redeem cash and cannot be used for making direct debit, recurring, or regular instalment payments.

Authorisations may be declined at some merchants (such as gambling merchants or merchants who choose not to accept the Card). Merchants may also impose their own restrictions on the use of your Card, such as minimum payment amounts.

Waivers

We are not liable in any way when an authorisation is declined for any particular transaction except where the authorisation has been declined because of an act or omission on our part.

We are not liable in circumstances where you have other cards stored on your Device for payment and you inadvertently use the Card when using your Device as a payment method. You must ensure that you select the correct card prior to using your Device as a payment method.

We are not otherwise liable for the use, functionality or availability of a Device, the availability of merchants who allow the use of the Device and Card as payment, or a reduced level of service caused by the failure of third party communications and network providers (except to the extent deemed liable under the ePayments Code).

Ensure you keep your Card secure. We are not liable for transactions on your Card if: a) your Device security measures are compromised; or b) where you allow others access to, or the means to access, your Device; or c) any other circumstances in which you allow others to circumvent the security measures of your Device.

You are responsible for all transactions on your Card, except those that are as a result of TCN employees and/or agent’s fraud or negligence. If your Card is lost or stolen, or you suspect an unauthorised transaction, immediately report this to TCN by calling 1300 375 346.

The Card is like cash and may not be replaced if misused, lost, stolen or damaged.

We may (at our discretion) replace a faulty, lost or stolen Card. Any replacement Card will have the same unused value at the time of replacement and expiry date as the original Card.

The Card will be void if it is defaced, mutilated, altered or tampered with in any way.

Fees

We do not charge any fees for using the Card. However, 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.

A Currency Conversion Fee is payable by you when you make a transaction on your Card in a currency other than Australian dollars. A Currency Conversion Fee may also be payable if you make a transaction on your Card in any currency (including AUD) that is processed by a card scheme or financial institution or billed by the merchant outside of Australia. It may not always be clear, particularly when purchasing online, that the merchant, financial institution or card scheme processing is located outside of Australia.

Refunds

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.

Refunds in currencies other than Australian dollars are converted to Australian dollars as at the date they are processed by using exchange rates determined by them. This may lead to the refund being converted using an exchange rate different from the one used to convert the original purchase. The converted Australian dollar amount appears on your transaction history as the transaction amount.

Disputes, Complaints & General Queries

If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved. If you cannot resolve the dispute with the merchant, you can contact The Card Network.

We have the ability in certain circumstances to investigate disputed transactions which occur on your Card and attempt to obtain a refund for you. In accordance with the Visa scheme rules, our ability to investigate a disputed transaction on your behalf is limited to the time frames imposed pursuant to the Visa scheme rules. The maximum timeframes vary between 75 days and 120 days so it is important that you notify us as soon as you become aware of a disputed transaction.

If you notice any error relating to the Card or have a query about the Card, you should initially contact The Card Network by contacting Client Services during business hours on 1300 375 346 or support@thecardnetwork.com.au.

Disclaimers

You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents.

We may restrict or stop the use of the Card if suspicious activities are noticed.

You are responsible for checking your transaction history, knowing the available balance and date of expiry for the Card. Balance and transaction history are available to you within the app on your Device.

We reserve the right to change these Terms and Conditions at any time. Any changes to the Terms and Conditions can be viewed at www.thecardnetwork.com.au.

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://thecardnetwork.com.au/pages/privacy-policy