Conditions of Use and Credit Guide

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1 Conditions of Use and Credit Guide Important details about your Gem Visa Effective March 2014 The way to pay with 0% interest

2 6 reasons you ll be saying it s a gem Booklet no.

3 Enjoy 6 months interest free on any purchase over $250 Even longer interest free terms are available at thousands of stores Plus, receive up to 55 days interest free on all your other purchases Gem Visa paywave an exciting, faster way to pay at the checkout It s a Visa card so you can use it everywhere Visa is accepted Fraud protection means real-time monitoring of unusual transactions Please refer to the enclosed conditions of use for details of applicable terms and conditions, including payment requirements for up to 55 days interest free access. Gem is a registered trade mark in Australia of GE Capital Finance Australia ABN

4 CREDIT GUIDE GE Capital Finance Australia ABN Australian Credit Licence number This credit guide gives you some information about our responsible lending obligations and dispute resolution procedures. If you have any queries, you can contact Customer Solutions on We will not make an unsuitable contract with you We are not permitted to enter into a credit contract or increase the credit limit of an existing credit contract if the contract would be unsuitable for you. A contract will be unsuitable for you if at the time of our assessment it is likely that you will be unable to comply with your financial obligations under the contract or could only do so with substantial hardship, or if the contract will not meet your requirements or objectives. In order to ensure that we do not enter into a contract with you that is unsuitable, we are required to make reasonable inquiries about your financial situation, your requirements and objectives and to take reasonable steps to verify your financial situation. We will make an assessment that the contract is not unsuitable for you We are required to assess that the credit contract is not unsuitable for you before we enter into the contract or agree to increase your credit limit. You may also request a copy of the assessment within 7 years of the date the contract is entered into or your credit limit is increased. If your request is made within 2 years, we will provide you with the assessment within 7 business days of your request, otherwise we will provide you with the assessment within 21 business days. We will not charge you a fee for providing the assessment. If you have a complaint in relation to your credit contract If you have a complaint, please contact us first. We have a free internal dispute resolution procedure which you can access by telephoning us on or by writing to GE Capital Finance Australia at 572 Swan Street, Richmond VIC To help ensure

5 we address your complaint quickly please provide us with your name, address and account number and all the relevant information relating to your complaint. Once we are aware of your complaint our staff will take the appropriate steps to address your concerns straight away. If the staff member is not able to resolve this with you immediately the matter will be further investigated and all reasonable steps will be taken to resolve the matter with you or your authorised representative. If however, you are not satisfied with the outcome of your complaint, our external dispute resolution provider is the Financial Ombudsman Service Limited and can be contacted at , or at GPO Box 3, Melbourne VIC 3001 (Australia).

6 Gem Visa Conditions of Use Contents Part A: Information about your credit contract Establishing your credit contract and account When are you bound by the credit contract? 07 Part B: Cards, the account and the statement of account What can a card be used for? Authorising and processing transactions Additional cards Card ownership, expiry and reissue Your credit limit Statements of account and statement periods 10 Part C: Promotional offers, Gem Visa card purchases, BPAY, cash advances, Online Service Centre and insurance Promotional offers Gem Visa card purchases Visa paywave Cash advances and the cash limit BPAY payments out Online Service Centre Insurance option 14 Part D: Interest Annual and daily percentage rates Interest on Gem Visa card purchase amounts up to and from $ Interest on promotional purchases Interest on cash advances, balance transfer balances and BPAY Payments Interest on balance transfer balances relating to balance transfer promotions Interest on insurance premiums Interest on fees, enforcement expenses and credit balances Debited interest part of interest bearing balance 17 4

7 Part E: Fees and charges What fees and charges apply 17 Part F: Payments What is the minimum amount you must pay for each statement period? Payment on our demand Payment methods When do you get credit for a payment? Payment allocation How are refunds processed and applied? 20 Part G: Defaults, enforcement and cancellation or suspension of the card and closure of the account What happens on default? Card suspension, cancellation and account closure 22 Part H: General conditions Security Liability for unauthorised EFT transactions and non - EFT transactions Liability for loss caused by card/eft terminal failure Some cases when we re not liable We re able to act on your instructions You must advise us of a change in details You must advise us of change in your financial circumstances Compliance with legislation Changes to the credit contract Is it possible for credit contract terms to be waived? Notices Effective dating and adjustments Glossary and interpretation 28 5

8 About this Document This Document does not contain all of the information we are required to give you before we enter into a credit contract with you. The other information is in the Contract Schedule. Your GEM Visa credit contract is made up of these Conditions of Use and the Contract Schedule. Words printed in bold in your credit contract documents are explained in 45 together with some other key words. It is important that you and any additional cardholder read your GEM Visa credit contract carefully. Please use our Online Service Centre to update your contact details recorded with us. Alternatively you may let us know either by phone or letter. If you have any questions about your account, please contact us at: GE Capital Finance Australia ABN trading as GE Money 572 Swan Street BURNLEY 3121 Phone: Facsimile: If contacting us from overseas: Phone: Fax:

9 Conditions of Use Part A: Information about your credit contract 1. Establishing your credit contract and account Your account and each card are issued and operate in accordance with your credit contract. Use of your account and each card and our processing of transactions may also be subject to: limits or policies of suppliers or financial institutions the Online Service Centre terms and conditions Visa card scheme rules BPAY scheme rules and promotional offer terms and conditions. 2. When are you bound by the credit contract? You re bound by the credit contract from the earlier of when you or any additional cardholder: (a) activate or use your card (b) access or draw down credit on the account (c) authorise a transaction on the account or (d) otherwise tell us after we ve opened your account that you re bound. Part B: Cards, the account and statement of account 3. What can a card be used for? 3.1 Your card can be used to obtain credit from us: (a) to pay for all or part of purchases (b) for cash advances (c) for cash equivalent transactions (d) for BPAY payments and (e) for balance transfers where suppliers, financial institutions or EFT terminals accept Visa credit cards, or as otherwise nominated by us. Registered to BPAY Pty Ltd ABN

10 Additional cardholders can use their cards to obtain credit from us to pay for all or part of purchases, cash advances or cash equivalent transactions where suppliers, financial institutions or EFT terminals accept Visa credit cards, or as otherwise nominated by us. 3.2 A supplier, financial institution or EFT terminal doesn t have to accept a card for any transaction. 3.3 A card can be used to obtain credit by physically presenting it, or by giving its details to the supplier or financial institution over the telephone, on an order form or electronically. 3.4 For a supplier or financial institution to accept a card, the following requirements will generally need to be satisfied: (a) it is activated in accordance with our procedures, signed by the cardholder and used before the card s expiry date; (b) in a Gem Visa card purchase transaction which is not a Visa paywave transaction, the cardholder signs a voucher and the signature matches the signature on the card or the cardholder enters the PIN; or the cardholder provides their name, card number and card expiry date in a telephone transaction (c) in a Visa paywave transaction, the transaction is carried out in accordance with Visa paywave procedures; (d) there are no outstanding defaults under the credit contract in respect of which we have taken, or are entitled to take, any action under 31.2; (e) the account hasn t been closed or use of the card suspended or cancelled; and (f) any identification required by the supplier or financial institution has been provided. 3.5 Use of each card and/or your account is an unchangeable instruction from you or an additional cardholder to us and any transaction carried out by you or any additional cardholder cannot be stopped. 8

11 3.6 You must direct any supplier that you or an additional cardholder have authorised to make periodic charges to your account to vary or cancel those charges if you want to vary or cancel them. You must direct the supplier to cancel them if your account has been suspended or closed. If any additional cardholder s card has been suspended or closed, you must procure the additional cardholder to direct the supplier to cancel the periodic charges made against the account through the additional cardholder s card. 3.7 You and each additional cardholder must protect your cards from damage and misuse and must not tamper with or destroy their embedded chips. 3.8 An account must be used wholly or predominantly for personal, domestic or household purposes. 4. Authorising and processing transactions 4.1 We can decline to authorise a proposed transaction if it is an overlimit transaction or if there is any overdue amount on the account. 4.2 We can stop processing an overlimit transaction and reverse all entries relating to it. 5. Additional cards 5.1 We can, subject to our lending and card issuing policies, issue an additional card to anyone over the age of 16 that you nominate. You authorise that person to operate your account to make purchases, obtain cash advances and make cash equivalent transactions in the same way you can operate the account using your card. Each use of that card or operation of the account by the additional cardholder is subject to the credit contract. 5.2 You ll be liable for any use of a card and any breach of the credit contract by the conduct of an additional cardholder. However, you won t be liable if the additional cardholder s right to use a card was previously cancelled in accordance with You must advise us if you want to cancel the authority of an additional cardholder to operate your account. 9

12 6. Card ownership, expiry and reissue 6.1 Each card and card number is our property. You must return or destroy your card if we tell you to and you must ensure that any additional cardholder returns or destroys any card which has issued to them if we tell them to do so. 6.2 We can issue a new card to you or to an additional cardholder at any time subject to the credit contract. We reserve the right not to reissue or replace a card. 7. Your credit limit 7.1 Your credit limit is the maximum amount of credit you can access. Your initial credit limit is shown in the financial table. 7.2 You can apply to increase, or request us to reduce, your credit limit at any time. We may reduce your credit limit at any time without your consent. 7.3 If you or any additional cardholder enter an overlimit transaction, you must make a payment to bring your unpaid balance within your credit limit immediately. 8. Statements of account and statement periods 8.1 We ll send you a statement of account each month after the end of each statement period unless an applicable law says that we don t have to (for example, where there have been no transactions during a statement period and the amount outstanding is less than $10 and in certain circumstances where you are in default). We can also issue copies of any statement of account to you at your request. You can also access your statements online at the Online Service Centre. 8.2 If you have advised us of an address for you, an alert will be sent to your address advising you that your statement is accessible at the Online Service Centre. Unless you elect via the Online Service Centre to receive your statement in electronic form and free of charge at your address, paper statements will be posted to your last mailing address known to us for a fee. 10

13 8.3 Your account will be debited with, and you agree to pay to us: the amount of each purchase, cash advance, and balance transfer interest calculated under Part D fees and charges including those described in the financial table as varied from time to time and fees and charges we later introduce under your credit contract enforcement expenses which we reasonably incur and any other amounts owing under the credit contract. 8.4 Amounts on your statement of account will be expressed in Australian dollars. 8.5 Foreign currency transactions will be converted into Australian dollars before being charged to your account. Some foreign currency transactions might be converted to United States dollars before being converted to Australian dollars. This conversion is made as at the date the transaction is processed by Visa and using a wholesale market rate selected by Visa from a range of wholesale market rates or, if applicable, the government mandated rate. 8.6 You should promptly check all entries on your statement of account and report any apparent error or possible unauthorised use of the account to us immediately. Part C: Promotional offers, Gem Visa card purchases, BPAY, cash advances, Online Service Centre and insurance 9. Promotional offers 9.1 We can make promotional offers available to you. As part of these offers you will be able to use your Gem Visa account to: (a) make interest free purchases, instalment interest free purchases or buy now pay 11

14 later purchases or (b) participate in balance transfer promotions or (c) make an instalment payment advance. 9.2 Promotional offers will be made available to you on conditions which may include: what purchases are eligible when an eligible purchase or balance transfer must be made for it to be part of the promotional offer the length of the relevant promotional offer term and any other applicable conditions. Each promotional offer will be subject to those conditions as well as the credit contract. To the extent that promotional offer conditions are different from your credit contract, those conditions vary your credit contract in relation to the purchase under the promotional offer. 9.3 Where the promotional offer term of an interest free promotional purchase of $250 or more is different from the interest free period that would apply if it was a Gem Visa card purchase, the promotional offer term will apply. 9.4 We may decline a balance transfer request from you if: (a) you re not solely liable for the account you re proposing to make the transfer from (b) the other account is an account that we don t accept balance transfers from (c) you don t comply with any conditions of the balance transfer promotion (d) you don t give us the information required to make the balance transfer (e) you don t properly authorise the balance transfer or (f) the balance transfer would result in your credit limit being exceeded. 9.5 If we exercise any of our rights under 31.2 or close the account under 32.1, any promotional offer term applying to a promotional purchase or 12

15 balance transfer or interest free period for a Gem Visa card purchase at the time will be taken to have ended on the date that we exercise those rights or close the account. 10. Gem Visa card purchases 10.1 You can use your card to make Gem Visa card purchases Gem Visa card purchases of, or with a combined total (if more than one purchase) of up to $ in the one transaction may, subject to 17.1, be interest free for up to 55 days from the transaction date Gem Visa card purchases of, or with a combined total (if more than one purchase) of $250 or more in the one transaction, will be interest free for 6 months from the transaction date. 11. Visa paywave Each card may be used to make Visa paywave purchases at merchants that have Visa paywave readers and display the Visa paywave logo. 12. Cash advances and the cash limit 12.1 The minimum amount of a cash advance may vary between suppliers and financial institutions and some might impose additional restrictions and identification requirements Your cash advance balance mustn t exceed the cash limit. We can reduce the cash limit at our discretion. A daily limit on cash advances might apply. If there is a daily limit it will be set out in your financial table or advised to you in writing We can decline cash equivalent transaction requests or impose any condition on them at our discretion We have the discretion to suspend, limit, reduce the limit of or withdraw the cash advance facility at any time. 13. BPAY payments out 13.1 Subject to biller acceptance, you may pay bills 13

16 using the BPAY scheme through the Online Service Centre or in any other way that we advise you of in writing To use the BPAY scheme, you must first register for the Online Service Centre You can t use your card to make BPAY payments of amounts you owe us under your credit contract Your use of the BPAY scheme is governed by the credit contract and the Online Service Centre terms and conditions. If there is any inconsistency between the credit contract and the Online Service Centre terms and conditions regarding BPAY, the Online Service Centre terms and conditions will apply to the extent of that inconsistency. 14. Online Service Centre 14.1 Your Gem Visa account entitles you to register for the Online Service Centre. It doesn t entitle additional cardholders to register in relation to your account You register for the Online Service Centre by logging onto gemvisa.com.au and accepting the Online Service Centre terms and conditions Online Service Centre features include: check your account balance review your most recent transactions make BPAY payments update the personal details of you and any additional cardholder receive electronic versions of your statement of account free of charge access up to 7 years of previous electronic statements of account and opt out of receiving paper statements of account. These capabilities may change from time to time. 15. Insurance option 15.1 Shopper s Protection (consumer credit insurance) is optional cover available for you to take out on your account after you ve entered your credit contract. 14

17 Part D: Interest 16. Annual and daily percentage rates 16.1 Interest on the amounts set out in this part is accrued at the end of each day at the daily percentage rate The annual percentage rate is divided by 365 to calculate the daily percentage rate Interest will be debited monthly to the account as at the last day of each statement period. 17. Interest on Gem Visa card purchase amounts up to and from $ Gem Visa card purchases up to and including $ as described in 10.2 may be interest free for an interest free period of up to 55 days from the assigned transaction date for the purchase. To receive an interest free period for those purchases, you must pay, by the due date: (a) the closing balance of the statement of account which lists those purchases, less any unexpired interest free, unexpired instalment interest free purchase balance or buy now pay later amounts listed on the statement or carried forward from previous statements, plus (b) the proportion of the minimum monthly payment for that statement which relates to any unexpired interest free promotional purchases and unexpired interest free purchases over $250 listed in the statement or carried forward from previous statements. This proportion is calculated by multiplying the dollar amount of those unexpired interest free purchases by the percentage that is used to calculate your minimum monthly payment, plus (c) an instalment payment if you have an unexpired instalment interest free purchase balance. The amount of interest free days you receive will depend on when you made the relevant purchase 15

18 during the statement period. If you do not meet the requirements under this clause for an interest free period, interest will be charged from the day the purchase amounts are debited to the account until they are paid Any Gem Visa card purchase of $250 or more as described in 10.3 will be interest free for an interest free period of 6 months. We ll charge interest on any outstanding amount of the purchase price from the day after the expiry date for that purchase shown on your statement of account. 18. Interest on promotional purchases 18.1 Interest is not charged on purchases which are subject to promotional offers until the applicable promotional offer term has expired, unless the promotional offer is expressed to be interest bearing (or uses words to that effect). If it is interest bearing, the annual percentage rate applies to that purchase for the duration of the promotional offer term unless a different rate is contained within the promotional offer, in which case that annual percentage rate applies Interest on any expired promotional purchase amount is charged on its outstanding balance from the day after its promotional offer term ends until it is paid in full. 19. Interest on cash advances, balance transfer balances and BPAY payments Interest on any amount owing for: (a) a cash advance (including BPAY payments treated as cash advances) (b) a balance transfer balance (other than a balance transfer balance which is subject to an unexpired balance transfer promotion which you have taken up) or (c) BPAY payments out is charged on a daily basis from the day of the relevant transaction until the day the amount is paid in full. 16

19 20. Interest on balance transfer balances relating to balance transfer promotions If a balance transfer is the subject of a balance transfer promotion which you take up after entering into this credit contract interest will only apply to that balance transfer in accordance with the terms of the balance transfer promotion. 21. Interest on insurance premiums We don t charge interest on insurance premiums for Shopper s Protection. 22. Interest on fees, enforcement expenses and credit balances 22.1 We charge interest on late fees, enforcement expenses and domestic and international cash advance fees from the day they are debited to the account We don t pay interest on credit balances in your account. 23. Debited interest part of interest bearing balance Any interest charges debited to your account will form part of the balance on which future interest charges are calculated. We charge interest on any debited interest from the day it is debited to the account until the day it is paid. Part E: Fees and charges 24. What fees and charges apply? 24.1 You agree to pay all fees and charges described in the financial table and any other fees and charges imposed as a result of a variation of this credit contract Any fee or charge payable by you will be debited to your account at the time stated in the financial table or as otherwise specified in any variation relating to the fee or charge. 17

20 Part F: Payments 25. What is the minimum amount you must pay for each statement period? 25.1 Your statement of account for a statement period will set out the minimum amount payable for that statement period. This is shown on your statement as the total due The total due in respect of a statement period is comprised of the aggregate of: (a) the amount specified as your minimum monthly payment in the financial table (b) any overdue amount (c) any overlimit amount and (d) any enforcement expenses which you are obliged to pay us under this credit contract You must pay the minimum monthly payment by the date specified in the statement. Any other amount which forms part of the total due must be paid immediately. You re also able to make payments in excess of these amounts to clear other transaction amounts or associated fees and charges, including amounts which are not yet due. 26. Payment on our demand On our request, you must pay the closing balance of your account excluding any unexpired instalment interest free purchase balance and unexpired buy now pay later purchase amount, unless we close the account in which case you must also pay all unexpired instalment interest free purchase balances and unexpired buy now pay later purchase amounts. 27. Payment methods You must make payments by one of the methods set out in your statement of account. Your payments must be in Australian dollars and be accompanied by details identifying your account. You might not receive credit for your payment unless you adequately identify your account with 18

21 your payment. 28. When do you get credit for a payment? We ll give you credit for any payment you make from and including the date we receive the proceeds of the payment. It may take up to 3 business days for us to receive the proceeds of BPAY payments. 29. Payment allocation 29.1 If more than one annual percentage rate applies to amounts that have appeared on a statement of account we will apply a payment in the following order: (a) in accordance with an agreement (if any) we have with you about how a payment is to be applied (see 29.3 for how that agreement may be made); (b) then, if there is any part of the payment remaining, we will apply it to pay off the amount that has the highest annual percentage rate; (c) then, if there is any part of the payment remaining, we will apply it to pay off the amount that has the next highest annual percentage rate, and so on until all amounts to which an annual percentage rate applies have been paid off; (d) then, if there is any part of a payment remaining, we will apply it to pay off amounts to which an annual percentage rate applies that have not yet appeared on a statement of account. (e) then, if there is any part of the payment remaining, we will apply it to pay off the amounts to which a Buy Now Pay Later Promotion applies (if there is more than one such amount we will pay off the first to expire) If the same annual percentage rate applies to all of the amounts that have appeared on a statement of account, we will apply a payment in the following order: (a) in accordance with an agreement (if any) we have with you about how a payment is to be applied (see 29.3 for how that agreement may be made); 19

22 (b) then, if there is any part of a payment remaining we will apply it pay off all amounts to which an annual percentage rate applies; (c) then, if there is any part of a payment remaining we will apply it as described in 29.1 (d) and (e) Subject to 29.4 and 29.5, if a cardholder makes a purchase subject to an Instalment Interest Free Purchase then we will have made an agreement with you to apply a payment first to any instalment payment If we make an agreement with you to apply a payment first to any instalment payment, you may pay a greater amount of interest than you would otherwise pay. You can (at any time) withdraw your request to apply a payment to any instalment payment If you withdraw your request under 29.4, our agreement with you to apply a payment first to any instalment payment will come to an end. Any Instalment Interest Free Purchase to which the withdrawal of your request relates will be taken to have ended on the date that you withdraw your request and the standard annual percentage rate will apply to the relevant amount from the day after that date. 30. How are refunds processed and applied? We process refunds for goods or services returned to a supplier with effect from and including the return date as advised to us by the supplier. We ll apply a refund in such order as we decide against amounts due from you. Part G: Defaults, enforcement and cancellation or suspension of the card and closure of the account 31. What happens on default? 31.1 You re in default if: 20

23 you don t pay any amount by the time your credit contract requires you to pay it you have an outstanding overlimit amount on your account you breach any term of your credit contract you ve given us false or misleading information in connection with your account or you become bankrupt or assign your estate to a creditor If you re in default, and: consumer credit legislation doesn t require us to provide you with a notice of default and time to remedy the default before we can take action or consumer credit legislation requires us to give you notice of the default and time to remedy it and we ve complied with these and any other regulatory requirements, the following applies: (a) we may demand immediate payment of the unpaid balance of your account and otherwise enforce your credit contract against you (b) you must immediately pay us the unpaid balance of your account (c) you and each additional cardholder must cut each card and its chip in half, or, if we require it, return or arrange the return of each card (d) any purchases under promotional offers will be deemed to be expired promotional purchases and interest will continue to accrue at the applicable rate (e) you might be liable to pay all enforcement expenses (including reasonable legal and administrative costs) that we reasonably incur as a result of the default and we may debit these amounts to your account (f) we may at any time and without notice to you, set off against any money owing by any 21

24 member of the GE Group to you, any debt or liability you may have to us on any account. 32. Card suspension, cancellation and account closure 32.1 We may at any time and without notice suspend or close your account or suspend or cancel your card and any card issued to any additional cardholder If we suspend or close your account or suspend or cancel your card, you mustn t attempt to obtain credit on your account and you must cut your card and its chip in half, or, if we require it, return or arrange the return of each card. You must also procure that the same measures are taken by any additional cardholder whose card has been cancelled If we suspend or close your account or suspend or cancel your card, your credit contract continues to operate until the whole of the unpaid balance of the account and any amounts subsequently debited to your account (regardless of when the amounts accrued) are paid in full Grounds on which we may suspend use of a card or account or refuse to let you or any additional cardholder use a card or the account include: where the card hasn t been used for an extended period of time where we suspect unlawful or unauthorised activity on the account where use would result, or has resulted, in you exceeding your credit limit where you re in default of your credit contract where a card has been reported lost or stolen or has expired If we suspend your card and/or account you may ask us to lift the suspension. We ll consider all requests in good faith. Part H: General conditions 22

25 33. Security 33.1 When you or an additional cardholder receive your card you must sign it You must tell us immediately if your card or PIN is misused, lost or stolen or you suspect an unauthorised transaction has been made on your account or if you wish to dispute a transaction. Call us anytime on You must give us all the information that you or the additional cardholder have regarding the misuse, loss, theft or dispute. You may call us from overseas on We strongly recommend that you tell us no later than the due date on your statement of account for the month of the transaction. If you do not do so, our ability to investigate under the Visa card scheme rules may be restricted and you may be liable for losses unless they can be limited under Before authorising a Visa paywave purchase you must check that the correct amount is displayed on the Visa paywave reader or on the supplier s register. Once the purchase is completed you should retain the receipt and check it against your statement. 34. Liability for unauthorised EFT transactions and non-eft transactions 34.1 You won t be responsible for losses from unauthorised EFT transactions where it is clear that neither you nor any additional cardholder has contributed to such losses or that the losses: occurred after we were notified that the card had been misused, lost or stolen or the security of the PIN or password had been breached; or are losses which we re able to recover by exercising any rights we have against a supplier Subject to 34.3, you re liable for losses resulting from unauthorised EFT transactions and non- EFT transactions caused by: (a) your fraud or the fraud of an additional 23

26 cardholder (b) your or an additional cardholder s extreme carelessness in failing to protect the card, PIN or password (c) you or an additional cardholder unreasonably delaying in notifying us after becoming aware of the misuse, loss or theft of a card, or that the security of the PIN or password has been breached. In this case, you ll be liable for the actual losses which occur between the time you or the additional cardholder became aware (or should reasonably have become aware, in the case of a lost or stolen card) and when you notify us and (d) in the case of non-eft transactions only, you or an additional cardholder contributed to losses by not signing a card immediately upon receiving it in which case you ll then be liable for the actual losses which occur before we re notified that the card has been misused, lost or stolen You re not liable for the losses in connection with unauthorised EFT transactions on the account resulting from matters referred to in 34.2 which: on any one day exceed any daily transaction limit(s) applicable to you; exceed any other periodic transaction limit(s) applicable to you in the period the transactions occurred in; exceed the credit limit on your account or occur after use of an account access method which we and you agreed could not be used for your account Where no part of 34.2 and 34.3 applies, you re liable for, in the case of unauthorised EFT transactions where a PIN was required to perform the transactions, the least of: $150 the amount of credit available immediately before the unauthorised transaction 24

27 the actual loss at the time we re notified that the card has been misused, lost or stolen or that the security of the PIN or password has been breached (excluding, that portion of the losses incurred on any one day which exceeds any applicable daily or other periodic transaction limit). and in the case of non-eft transactions where you did not contribute to the loss, took all reasonable security precautions and advised us in accordance with 33.2, your liability is nil. 35. Liability for loss caused by card/eft terminal failure We ll be responsible for direct and/or reasonably foreseeable loss or damage caused by the failure of either a card or an EFT terminal (excluding any card or EFT terminal which is obviously faulty, or any EFT terminal where it has been advised by notice or display to be faulty) to function properly. Our liability is limited to the correction of any errors in the account, and the refund of any charges or fees imposed as a result of those errors. 36. Some cases when we re not liable 36.1 If we are a linked credit provider under unfair competition, consumer credit or consumer protection laws you may have rights against us concerning your purchase(s). Except as required by those or any other laws, we re not responsible and give no warranty for goods or services obtained by use of your card. You must resolve any complaints concerning such goods or services with the supplier We re not responsible or liable if a supplier or other person or ATM refuses to accept or honour your card. 37. We re able to act on your instructions You acknowledge that, subject to the credit contract, we can act on your or any additional cardholder s written or verbal instructions. 25

28 38. You must advise us of a change in details You must notify us promptly of any change in your contact details or the contact details of any additional cardholder. 39. You must advise us of a change in your financial circumstances You must notify us immediately of any change in your financial circumstances which will adversely impact your ability to meet your payment obligations to us. 40. Compliance with legislation 40.1 We ll comply with all legislation which applies to the credit contract If any legislation makes a term of your credit contract illegal, void or unenforceable, or would be contravened by any term of your credit contract, your credit contract is to be read to omit the term or otherwise ensure no contravention occurs. 41. Changes to the credit contract 41.1 Subject to relevant legislation, we can change any term of the credit contract We may at any time impose new fees or charges or change the amount, frequency, calculation method or time for payment, of any annual percentage rate, fee, charge, limit, minimum or maximum purchase amount, interest free period or other payment required under your credit contract We ll notify you of any increase to the annual percentage rate in writing or by advertisement in a newspaper circulating throughout Australia no later than the day the change takes effect. Newspaper notice will be followed by written notice in your next statement of account after the change takes effect Subject to 41.5, we ll notify you of other changes made under 41.2 in writing at least 20 days before the change takes effect If the change reduces your obligations or extends 26

29 the time for payment we may instead advise you of the change before or in the next statement of account which is sent to you after the change. We will give you 6 months written notice if the change increases the maximum purchase amount required for a purchase to qualify for a Gem Visa card interest free period or which reduces the interest free period. 42. Is it possible for credit contract terms to be waived? We may either unilaterally or by written agreement waive any term in the credit contract or any fee or charge. A waiver doesn t apply on an ongoing basis or have the effect of changing any term of the credit contract or creating a new credit contract. 43. Notices 43.1 A notice must be in writing except that if it is a notice from us of an interest rate variation, it may be given in a newspaper In addition to giving notice to us in any other way permitted by law, if you wish to give us a notice you may send it by post to GPO Box 1007, Melbourne VIC 3001, except that we can, at our discretion, accept verbal notice from you about your change of address. If we wish to give you a notice we may: deliver it personally to you leave it at, or send it by post, facsimile or similar facility to the address of your residence or place of business last known to us it to the address that you ve nominated to us or make it available for retrieval by you when you next access your Online Service Centre account A notice is taken to be: (a) delivered personally on the earlier of its date or the date received by the addressee (b) received by post on the later of its date or 27

30 the date it would be delivered in the ordinary course of post; or (c) received by facsimile or similar facility or on the later of the date it bears or the date which the facility that the transmission or was sent from reports that the document was sent to the addressee Any notice from us to you is taken to be given to any additional cardholder unless separate notice is required by law to be given to that additional cardholder. 44. Effective dating and adjustments 44.1 We may assign any date we consider appropriate to a debit or credit to the account. Debits won t be given a date earlier than the date of the specific transaction We may subsequently adjust a debit or credit to the account for the purposes of correction. If we do this, we may make consequential adjustments to, for example, interest, account balances or fees. 45. Glossary and interpretation 45.1 These meanings of words apply: account means your GEM Visa account with us. additional cardholder means a person issued with a card under 5.1. adjusted closing balance means the closing balance minus any unexpired buy now pay later purchase balance and minus any unexpired instalment interest free purchase balance. annual fee means the fee charged each year to keep the account active. annual percentage rate means the annual percentage rate of interest disclosed in the financial table, or as notified to you from time to time. ATM means automatic teller machine. balance transfer means a transaction where you ask us to debit your account with a specified amount and to pay that amount to us or another card issuer or financial institution 28

31 balance transfer balance at any time means the amount outstanding on the account for a balance transfer promotion, being: credit provided in relation to that balance transfer interest debited to the account in respect of that credit and interest debited to the account in respect of the above interest. balance transfer promotion means a promotion under which a balance transfer amount will attract a reduced annual percentage rate. BPAY payment means a payment from your account made through the BPAY scheme. BPAY scheme means the payment scheme promoted by BPAY Pty Ltd ABN buy now pay later purchase means a purchase that is made under a buy now pay later promotional offer where: no interest will accrue on the purchase amount during the promotional offer term, monthly repayments are not required during the promotional offer term and repayments of principal and interest will be required after the promotional offer term expires. card means the GEM Visa card issued to you or any additional cardholder on your account and includes any replacement card. cardholder means the person to whom a card has been issued (including you) and, unless the context requires otherwise, any additional cardholder. cash advance means a transaction where cash or its equivalent is obtained. It includes cash withdrawals from any credit balance on the account. It also includes BPAY payments if either: a biller doesn t accept BPAY payments from a credit card or we otherwise advise you that the payment won t be treated as a purchase and you then elect to treat the payment as a cash advance under the Online Service Centre terms and 29

32 conditions. cash advance balance at any time means the total of the amount outstanding on the account for: credit provided in relation to cash advances cash advance related fees and charges debited to the account interest debited to the account in respect of either of the above and interest debited to the account in respect of the above interest. cash equivalent transaction means a transaction where the equivalent of cash is obtained or used and includes: (a) a purchase of traveller s cheques or money orders (b) a purchase of tokens (c) a funds transfer debited to the account (except balance transfers) (d) a purchase of, or loading of value on, a pre-paid or stored-value card or facility (e) a transaction made through bill payment facilities where the supplier or financial institution doesn t accept direct payment by credit card (for example payment of bills through a third party or over the counter at a financial institution) or (f) other transactions that we notify you will be treated as cash equivalent transactions. cash limit means the maximum amount of credit by way of cash advances and any related fees available to all cardholders in respect of the account, and is equal to the credit limit unless a different cash limit is notified to you. closing balance means the total of the amounts shown as outstanding on your statement of account. contract schedule means the document named contract schedule with the number of your account on it which contains the financial table and other information relating to your account. credit contract means these Conditions of Use and 30

33 the contract schedule. credit limit means the maximum amount of credit available to you in respect of the account. daily percentage rate means the current rate of interest applied to balances on a daily basis. debited interest means interest which has been debited to your account. due date is set out in your statement of account and means the date your minimum monthly payment is due. It is also the date that you must have made the payment referred to in 17.1 by to obtain an interest free period under EFT means electronic funds transfer. EFTPOS means electronic funds transfer at the point of sale. EFTPOS terminal means an EFT terminal, other than an ATM located at a merchant s point of sale. EFT terminal means any terminal, device or electronic equipment approved by us in which you may use your card and PIN, or, in the case of Visa paywave, a card and contactless reader. This includes ATMs. EFT transaction means a funds transfer initiated by your instruction through an EFT terminal. expired promotional purchase means a purchase under a promotional offer that you owe us an amount for after the promotional offer term has expired. financial table means the table within the contract schedule headed Financial Table which contains information about your account including the credit limit, minimum monthly repayments and fees. Gem Visa means either Gem Visa card or Gem Visa account as the context allows or requires. Gem Visa account means your account. Gem Visa account purchase means a purchase under a promotional offer using credit from your Gem Visa account. Gem Visa card means your card. Gem Visa card purchase means a purchase made with your Gem Visa card which is not a purchase under a promotional offer. 31

34 instalment interest free purchase means a promotional offer allowing a period of time for an eligible purchase during which no interest will accrue on that purchase and payments must be made by specified instalments. instalment payment means a payment due under the terms of an instalment payment advance or an instalment interest free purchase (or any other promotion where payments must be made by instalments). instalment payment advance means an advance made on your account which is to be repaid by fixed monthly payments over such period as may be agreed between us and you (or any additional cardholder on your behalf). interest free period means the finite period of time during which no interest is charged on the outstanding balances of Gem Visa card purchases or interest free promotional purchases. interest free promotional purchase means a Gem Visa account purchase that is made in response to a promotional offer under which no interest will accrue on, but monthly repayments must be made from, the purchase amount during the promotional offer term. international transaction means a transaction denominated in a currency other than Australian dollars, or a transaction where Visa designates the supplier to be located in a country other than Australia, regardless of whether the transaction is denominated in Australian dollars. late fee means the fee imposed by us when any amount due and payable to us is not paid in full buy the due date. minimum monthly payment means the amount calculated as specified in the financial table and Online Service Centre means the internet based service provided by us that allows you to access your account under the Online Service Centre terms and conditions. overdue means any unpaid part of a minimum monthly payment due in a previous statement period. 32

35 overlimit amount means the excess of the closing balance over the credit limit. overlimit transaction means a transaction which is a purchase, BPAY, cash advance, or cash equivalent transaction for an amount which results, or, if completed would result, in your credit limit or cash limit being exceeded on the date of the transaction. password means a word, code or set of characters which identifies a cardholder and enables access to the account. PIN means the personal identification number which is to be used by a cardholder, with a card. previous statement means, with respect to a purchase, cash advance or balance transfer, the statement of account before the current statement for that transaction. promotional offer means an offer for you to make an interest free, instalment interest free purchase, or buy not pay later purchase or carry out a balance transfer on terms and conditions which relate to that specific promotion. promotional offer term means the time from the promotional purchase or balance transfer date that the promotional terms and conditions will apply to the promotional offer transaction. Regarding promotional purchases, it is the time from the transaction date that the purchase will be interest free or not require monthly repayments. purchase means a purchase of goods or services using your Gem Visa card or a purchase under a promotional offer using your Gem Visa account. Shopper s Protection is the name of the optional insurance cover which can be taken up by cardholders. It is issued by Hallmark Life Insurance Company Ltd. ABN AFSL and Hallmark General Insurance Company Ltd. ABN AFSL (the insurer) both trading as GE Money. The insurer s address is Level 12, 255 George St, Sydney NSW The insurer pays a commission of 20% of the premium, before government charges. statement date means the last day of your statement period. 33

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