moving money homehome

Click Here for Printer Friendly Version

BillFoldTM Terms and Conditions for a Technocash BillFold Facility

GENERAL

These Terms and Conditions apply to any use of a Technocash BillFoldTM and any use of a Technocash BillFold constitutes an agreement to abide by these Terms and Conditions with Technocash, Inc. or Technocash Pty Ltd as amended and posted on the www.technocash.com website from time to time.

Technocash BillFold (General Terms and Conditions for all cards)
Global FX Card or Global BillFold
B2B Facility
Technocash Merchant Facility/Retail BillFold/Business, including CashBack
Organization
Organization with Retailer, including CashBack
Distributor
Master Distributor
Agent

TECHNOCASH CUSTOMER TRUST

1 Security Trust Deed

All monies received for the purchase of or deposit to Technocash BillFolds other than Customer initiated transactions are non-refundable (other than in accordance with clause 2(b)) and will be held in a bank account ("Accounts") by Technocash subject to a mortgage over the Accounts held on trust for each Customer ("Technocash Customer Trust") by the Technocash Trustee, pursuant to a Security Trust Deed between the Security Trustee and Technocash dated 19 November 2003 and registered with ASIC with allotted charge number 997227 on the 25th November 2003, ("Security Trust Deed"), for the protection of each Customer. Monies in the Accounts will only be withdrawn as follows:

  1. in accordance with these Terms and Conditions; or
  2. for the payment of fees (including bank fees) and charges which Technocash incurs in respect of the Accounts.

2 Withdrawals from the Accounts

The following monies can be withdrawn:

  1. monies held in Accounts that have not been applied for purchases or payments by the Customer before the specified expiry date and where no renewal has taken place for that BillFold will become the property of Technocash and can be withdrawn by Technocash;
  2. In the event that Technocash becomes insolvent, the Technocash Trustee may withdraw and pay to each Customer their unspent BillFold Account Balance to the extent that monies are available, in accordance with the Security Trust Deed, as soon as practicable after the Technocash Trustee has been advised in writing by Technocash that Technocash has become insolvent or in the Security Trustee's opinion an "Insolvency Event" as defined in the Security Trust Deed has occurred; and
  3. monies to be invested in Authorised Investments by Technocash.

3 Excluded monies

For the avoidance of doubt it is acknowledged that the following monies do not comprise part of the Technocash Customer Trust and therefore are not part of the Technocash Customer Trust:

  1. any interest that accrues in respect of the Accounts;
  2. the monies described in clause 2(a); and
  3. any other monies payable by the Customers to Technocash other than monies paid
for the purchase of or paid into a Technocash BillFold.

4 Definitions relating to Security Trust Deed

"Accounts" means deposit accounts opened in the name of the Security Trustee or such other account as nominated in writing by the Company to the Security Trustee from time to time.

"Authorised Investments" means:

  1. bonds, debentures, stock, treasury bills, notes or any other security issued by the Commonwealth of Australia or any government of any State or Territory of the Commonwealth of Australia; and
  2. deposits or certificates of deposit which have not more than 90 days to final maturity (and are not convertible into any other form of security) which are rated at least P1 by Moody's Investor Services Inc. or A1 by Standard & Poor's (Australia) Pty Limited or other similar reputable rating agency.

"BillFold" means the facility operated by Technocash to login using a number or username and a password, or alternatively plastic card with magentic stipe or smart card information and password (or PIN) to access various services offered by Technocash including financial transaction processing and detailed reporting. The BillFold may be associated with a plastic (or other material) card with its related number (typically a 16 digit mod10 number) and alternative access modes such as wireless, barcodes or membership numbers.

"Customer" means any person or business who has purchased or been issued with a Technocash BillFold in accordance with the Technocash Terms and Conditions.

"Company" means Technocash Pty Ltd.

"Technocash Trustee" means Firepond Pty Limited ABN 57 003 952 869 appointed as Security Trustee under the Security Trust Deed which is an independant company in Australia associated with Frazer Hall Chartered Accountants and Auditors.

end trust section

AUTHORISED USER

Any person may acquire this type of Technocash BillFold card provided that they are acceptable to Technocash and the relevant application process is completed.

APPLICATION

All BillFold applicants will need to at least provide a login password.

A BillFold card can be purchased directly from Technocash or from an authorized salesperson or another BillFold card login. You can purchase a BillFold card from within another BillFold when funds permit. A new BillFold card's login information can be sent to the intended owner by the purchaser. The intended owner should change the password, after which transfer of ownership to them is completed. Prior to this ownership change the original purchaser can still access the login information from within their BillFold. Once a card is paid for Technocash will send the physical card to the address involved in the purchase.

Application procedures and terms and conditions set by Technocash may change from time to time.

BILLFOLD IDENTIFICATION NUMBER

When approved by Technocash, each applicant will be issued with a BillFold Identification Number. Your BillFold Identification Number will not change except in exceptional circumstances and then only with the express agreement of Technocash. The BillFold Identification Number is commonly used throughout the BillFold system for all BillFold card users to uniquely identify each BillFold card.

ACCESS TO BILLFOLD SERVICES AND USE OF PASSWORDS

Technocash does not represent or guarantee that access to your BillFold or the Technocash service will be uninterrupted. You acknowledge that access to your BillFold or the Technocash service may be affected by outages, faults and delays however caused. If a malfunction or error in the operation of an Account is identified, the Account holder should contact Technocash via the online feedback form available at Technocash's website/s or using the contact details in the "Contact Us" section of Technocash's website/s

Your BillFold card login can only be accessed using your BillFold Identification Number or Username - if set and applicable to a particular type of BillFold card - and your Password.

Upon issue of a BillFold, you will be provided a temporary password. Generally upon first use, you will need to input your own password to access your BillFold. As well, you have the option to add a spend password dealing with purchases from or transfers from your BillFold card.

As the authorized user of your BillFold, you shall:

(a) choose your Password carefully;

(b) ensure that your Password does not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence number, licence plate number or passport number;

(c) ensure that your Password is not an obvious combination of letters or numbers;

(d) commit your Password to memory and under no circumstances write it down or record it electronically or otherwise and especially not keep a written record of your Password in your wallet or purse;

(e) not disclose your Password to anyone else;

(f) be vigilant about protecting your Password and to take all steps necessary to ensure and safeguard your Password including changing your Password if necessary;

(g) be aware that any hints provided by the Technocash System to assist you in recalling your Password are provided as a convenience only and information supplied by you in these hints are supplied at your own risk especially having regard to the matters outlined above. Also in choosing the hints be aware that people close to you may have sufficient personal information so as to correctly answer the hints and cause damage such as changing the password to lock you out or transferring some or all of your funds from your BillFold, so you need to choose your hints carefully; and

(h) protect any personal identification number issued to you to be used with a card version of your BillFold with the same care and responsibility as your Password as outlined above.

Ownership of a Technocash BillFold account is a privilege and not a right. Should Technocash believe that your BillFold account is being used for money laundering, tax evasion, fraud, any other purposes Technocash considers suspect or improper or as representing an unacceptably high risk to the Company, the BillFold account owner, other Technocash customers or consumers generally, offering or selling goods or services online requiring customers to be of a particular age such as tobacco, alcohol or adult services, or where the BillFold account owner breaches any of these terms and conditions, Technocash reserves the right to indefinitely suspend or terminate your BillFold account. In such cases Technocash will use its best endeavours to return all funds in a customer's BillFold account to the rightful owner. To this end, the Account holder will be required to nominate a bank account to which Technocash Pty Ltd will return the balance of the funds remaining in the Account, less any applicable fees. The nominated bank account must, except in exceptional circumstances and at the absolute discretion of Technocash, be in the same name of the Account holder or an Account signatory. The right to have outstanding funds returned must be exercised by the Account holder within 12 months of the date upon which the Account becomes suspended or is terminated.

Unauthorised Access to BillFold Services

If you reasonably believe that:

(a) your BillFold Identification Number/Username and/or your Password/s have been compromised, lost or stolen;
(b) the security of your Account has been breached; or
(c) unauthorized Account activity has occurred:

you have a responsibility to inform Technocash immediately on 1300 137 494 or using the telephone contact numbers available on the Technocash website/s "Contact Us" section as posted from time to time. Provision is made for calls outside regular business hours, and notice provided by telephone is effective to limit your liability for any losses which may occur after the time at which notification is given. It may be necessary in such circumstances for Technocash to immediately and indefinitely suspend access by any party to the particular Account subject of the notification, in which case timing of resumption of access rights and conditions attaching thereto shall be determined by Technocash in its sole discretion as necessary to ensure security and viability of the Account and the TECHNOCASH system. Any delay in notifying Technocash in relation to the above matters may result in the Account holder's personal liability for any losses or damages incurred.

Liability for losses incurred due to unauthorised transactions or activity on a non-business customer's Account shall be determined under the Electronic Funds Transfer Code of Conduct.

Circumstances Where Account Holder not Liable

An Account holder will not be liable for any losses resulting from unauthorized transactions where it is clear that they have not contributed to such losses.

Account holders will not be liable for any losses that are:

(a) caused by the fraudulent or negligent conduct of employees or authorized agents of Technocash Pty Ltd;
(b) incurred prior to the account holder receiving their BillFold Identification Number and initial Password;
(c) incurred due to the account holder's BillFold Identification Number or initial Password being forged, faulty, expired or cancelled; or
(d) the result of any incorrect double debit transactions caused by Technocash Pty Ltd.

Where an Account holder notifies Technocash Pty Ltd that:

(a) their BillFold Identification Number/Username and/or Password/s have been compromised, lost or stolen;
(b) the security of their Account has been breached; or
(c) unauthorized Account activity has occurred:

the Account holder will be liable for any losses resulting from unauthorized transactions occurring following notification unless they have strictly and completely followed the procedures for notification outlined in these terms and conditions.

Circumstances Where Account Holder is Liable

An Account holder will be liable for losses resulting from unauthorised transactions on their Account where it is proven by Technocash on the balance of probability that:

(a) the Account holder contributed to the loss through their own, or another signatory to the Account's own, fraud or contravention of the requirements not to: (i) voluntarily disclose, to anyone, their BillFold Identification Number/Username or Password/s; (ii) make a record of their BillFold Identification Number/Username or Password/s; (iii) select a Username or Password/s representing their name, birth date, address, telephone number, driver's licence number, licence plate number or passport number, or any other otherwise obvious combination of letters or numbers; and (iv) act with extreme carelessness in failing to protect the security of their BillFold Identification Number/Username or Password/s; or
(b) the Account holder contributed to the loss by their own, or another signatory to the Account's own, unreasonably delaying notification to Technocash Pty Ltd after becoming aware: (i) of the misuse of or unauthorised access to their Account; or (ii) that the security of their BillFold Identification Number/Username or Password/s has been breached.

Where an Account holder has incurred losses and neither paragraph (a) nor (b) above apply, the Account holder will be liable for the least of: (i) $150; or (ii) the balance of the Account; or (iii) the actual loss at the time the Account holder notified Technocash in relation to the misuse of or unauthorised access to their Account or breach of the security of their BillFold Identification Number/Username or Password/s.

Loading Funds to Your BillFold Facility

Funds deposited via Internet banking or deposit over the counter to a Technocash bank account will generally be credited the following business day to the BillFold facility identified in the bank transfer reference field, subject to the condition that Technocash will only credit cleared funds into the BillFold system. Payments received into Technocash bank accounts that do not have the correct reference or are otherwise unidentifiable will be held by Technocash until such time that the rightful beneficiary of the funds is determined. Funds deposited via Australia Post are subject to Australia Post payment clearance times and will generally be credited next business day. Refer to the Digital-Cash Voucher Terms & Conditions and your BillFold login for more information.

Dedicated Bank Accounts

If a BillFold owner is provided a dedicated bank account or BPay collection service administered by Technocash, then the BillFold owner agrees that Technocash will process all payments directly into their BillFold account subject to the right of Technocash to withdraw funds in the event that funds are erroneously or fraudulently deposited into the dedicated bank account or BPay collection service. In the event that funds are erroneously or fraudulently deposited into a BillFold owner's dedicated bank account or BPay collection service the BillFold owner indemnifies Technocash against any resulting loss including any costs incurred.

Transaction Reporting and Money Laundering Prevention

Technocash may be required by law to: (i) verify the identity, address and other details of BillFold account holders; (ii) keep records of all transactions together with identification provided; and (iii) monitor, and in some cases report to relevant government authorities, certain types of transactions or suspicious transactions of any size.

Where a BillFold account: (i) has AUD $1000 or greater, or foreign currency equivalent, credited to it within any single 24-hour period; or (ii) has AUD $2000 or greater, or foreign currency equivalent, credited to it within any 30-day period: Technocash must be able to confirm the BillFold account owner's identity and other personal details. Customers transacting at this level will need to have provided to Technocash:

(i) a completed Identification Record form; and
(ii) if the BillFold account is held in the name of a body corporate, a copy of the certificate of incorporation; and
(iii) if the BillFold account is held in a business name, a copy of the certificate of registration of the business name; and
(iv) if the BillFold account is held in the name of an unincorporated association, a copy of the instrument authorising the signatory to sign.

If Technocash has not received this information your account may be blocked or otherwise subject to transaction limits until such time that the information is received by Technocash.

Customers may be requested to confirm their identity by submitting a completed Identification Record form, copy of certificate of incorporation, copy of certificate of registration of business name, and instruments authorising signatories for unincorporated associations, whether they are applying to be a new customer or are an existing customer.

TECHNOCASH CashBack

Holders of Technocash BillFold Cards or Facilities ("customers") can receive TECHNOCASH CashBack when they shop at participating merchants.

Customers can only receive CashBack where they use their Card for purchases at a merchant participating in their CashBack program powered by TECHNOCASH. CashBack generally applies to all goods and services offered by participating merchants unless the participating merchant specifies that CashBack does not apply.

CashBack Transactions are subject to review and modification by the participating CashBack merchant. Notwithstanding any prior email or SMS to the customer, the merchant's review and modification of sale value is generally final and binding on the customer.

Approved CashBack Transactions result in a cash refund to the customer's CashBack Card for a percentage of the purchase price. The refund is generally a minimum 10% of the purchase price. This percentage or amount may vary from retailer to retailer. CashBack will be available not less than 2 business days after the CashBack Transaction is processed.

For SMS notification of CashBack Transaction processing sent to a customer’s mobile phone Technocash accepts no responsibility for the failure of any SMS to arrive where: such failure is due to any telecommunications provider failing to process the relevant SMS; the SMS is delayed due to congestion; or for other reasons. Technocash further accepts no responsibility for the failure of any notification email to be sent or received.

Information contained in any SMS or email notification received by the customer in relation to a CashBack Transaction should not be solely relied upon as an indication of the actual or pending value of any CashBack due to the customer. The only accurate indication of actual or pending CashBack funds is the information provided to the customer inside their CashBack Card login. Customers should regularly log in to their CashBack Card to check the actual values of available and pending CashBack funds for their particular CashBack Cards.

Where you have received CashBack from a purchase and later seek a refund from the retailer, you agree that you are only entitled to the purchase price less the CashBack amount already received, and should assist the retailer by not attempting to obtain a full refund. Where you have received CashBack from a purchase and later obtain a refund for the full purchase price, Technocash may reverse the CashBack received by you for that CashBack Transaction from available or future CashBack funds received by you in order to credit the funds back to the retailer.

Customers are only entitled to receive CashBack once per CashBack Transaction. Technocash reserves the right to reverse CashBack funds that are pending or have been credited to a customer’s CashBack Card where it is determined that the CashBack Transaction was compromised by operator error. If a customer fraudulently obtains CashBack more than once on any one CashBack Transaction Technocash can reverse any funds as appropriate, cancel the customer’s CashBack Card, and pursue legal remedies for recovery of funds. Technocash retains at all times the right to reverse payments and pursue legal remedies where a customer is the recipient of fraudulent funds.

Card Renewal
Each CashBack Card has a renewal date of up to 3 years from the date of issue. If your Card has been issued in conjunction with your social club, union or organisation, the renewal date is determined by them. Contact Technocash to renew your Card. You cannot receive CashBack to a Card that has not been renewed, however you can still access existing funds and services. Monies in a CashBack Card that has not been renewed and has had no login activity for 365 days become the sole property of Technocash and are not to be covered under the Technocash Customer Trust.

TYPES OF BILLFOLD CURRENCY OPTIONS

There are two types of BillFold Currency setting - Home Currency or Multicurrency. A Home Currency-only BillFold operates in the nominated Home Currency of a BillFold. - usually set during the purchase of the BillFold. A Multi-currency BillFold can hold all currencies available to the TECHNOCASH system.

A Technocash BillFold is Home currency only. To gain multi-currency, you will need to upgrade to a Global BillFold or a Global FX Card or other Technocash Facility supporting multicurrency.

AMENDMENTS TO THE SERVICE

Technocash may at any time add to, remove, change, vary, or impose conditions upon the functions of all or any BillFolds in any respect without limitation to the fullest extent permitted by law.

MEMBERSHIPS

If your BillFold has been issued by or is linked as a member of an Organisation, Social Club or other entity with members (indicated in your BillFold login), that entity may have access to certain personal information which may be used for communication, marketing or other purposes. For example, your Social Club may have access to your date of birth and use it to send you a birthday special offer. You are able at any time to opt out of receiving communications, marketing and other materials: If you wish to do so you must contact your Social Club or Organisation. Any personal information is used only in accordance with the Technocash Privacy Policy.

FEES AND CHARGES

Fees and charges are set out in "Fees and Charges" (Hyperlink) as amended from time to time on Technocash's websites, as well as in the Product Disclosure Statement relevant to the particular product for which the fees and charges apply. BillFold card holders agree to pay the applicable fees and charges. All fees and charges shall be debited from your BillFold card, whether in Home Currency or Multicurrency, subject to any applicable fees and charges for the debiting of the outstanding amount, unless otherwise agreed.

Any fees and charges debited but unpaid will be carried forward and debited from any credit in any currency from your Billfold, whether in Home Currency or Multicurrency, subject to any applicable fees and charges for the debiting of the outstanding amount.

Technocash may at any time add to, remove, change, vary, or impose conditions upon the fees or charges for all or any of the functions of all or any BillFold cards in any respect without limitation, to the fullest extent permitted by law.

Each BillFold has an expiry date. A Billfold card can be extended upon payment of the appropriate monthly fee. Monies in a BillFold that has expired and has had no login activity for 365 days become the sole property of Technocash and are not to be covered under the Technocash Customer Trust.

TIME PERIOD

Technocash aims to maintain your transaction records indefinitely, however Technocash is only required to maintain transaction details in a BillFold for a period of 2 calendar years (or part thereof).

It is the responsibility of each BillFold card holder to copy or print a copy of all transactions prior to the expiration of the 2 calendar years (or part thereof) period.

Each BillFold has an expiry date as determined by Technocash from time to time but which in any event shall not be less than the expiry date as first notified to the BillFold card holder by Technocash.

Each individual TECHNOCASH Voucher has a specific expiry date. If a Voucher reaches its expiry date any remaining monetary value becomes the sole property of Technocash.

PAYMENTS AND TRANSFERS IRREVOCABLE

All BillFold payments and transfers are irrevocable and the sole responsibility of the BillFold holder.

ACCURACY OF PAYEE DETAILS

When entering payee details and authorising transactions it is the operator's responsibility to ensure that all details entered are correct. In processing payments, Technocash does not check that the account number entered matches the account name, BSB, or other details provided. To the extent permitted by law, Technocash is not liable for any loss arising from any error in details or instructions given by you or an authorised signatory to your BillFold account.

PHONE RECHARGES

Technocash may from time to time allow BillFold owners to purchase phone recharges from within their BillFold login. In such cases Technocash acts as an agent only and is not the supplier of the goods: any offer is subject to availability, and prices and type of stock may change without notice.

GENERAL TERMS AND CONDITIONS

The BillFold Terms and Conditions supplement and complement the General Terms and Conditions and include any specific BillFold functions' terms and conditions (such as those applying to Organization with Retail facilities) and must be read in conjunction with them.

Technocash subscribes to, and will comply with the requirements of, the Electronic Funds Transfer (EFT) Code of Conduct in providing payment services and applying the General and BillFold Terms and Conditions for its non-business customers.

In the event of a conflict between the BillFold Terms and Conditions and the General Terms and Conditions the BillFold Terms and Conditions shall prevail to the extent of any inconsistency.

Use of a BillFold constitutes an express acknowledgement of the intellectual property ownership of Technocash in respect of the Technocash Payment system, BillFold, and trademarks.

To the fullest extent permitted by law Technocash is not liable for any loss or damage arising from the operation of your BillFold.

AGREEMENT TO BILLFOLD TERMS AND CONDITIONS

BillFold holders' login process and any ongoing use of their BillFold constitutes an agreement to abide by the BillFold Terms and Conditions with Technocash as amended and posted on the website from time to time. Amendments may be for all or only specified BillFold types.

A BillFold with retail sales functionality has additional Terms and Conditions which can be viewed in full from the Technocash website. Retail Card holders agree that Technocash can promote their business, its names and logos as a participant in the TECHNOCASH system on Technocash's websites, in emails and through the press, television, radio and other mediums.

COMPLAINTS HANDLING AND DISPUTE RESOLUTION

Technocash has a comprehensive Complaints Handling and Dispute Resolution System dedicated to handling customer complaints and resolving customer's issues honestly, efficiently and fairly. Customers wishing to activate complaint investigation and resolution processes should visit Technocash's website/s and detail the nature of the problem or complaint via the online feedback form. Alternatively, customers may submit complaints via telephone, facsimile or in writing using contact details available on the Technocash website/s "Contact Us" section as posted from time to time.

ELECTRONIC COMMUNICATIONS

Unless precluded by operation of law, Account holders agree that any communication to be provided to them by Technocash in relation to the operation of their Account, these BillFold and General Terms and Conditions, or other communication, may be provided to their nominated electronic address. Account holders may opt out of this arrangement and must contact Technocash Pty Ltd if they wish to do so.