Terms & Conditions

The Sustainability Card – Terms and Conditions

These are the Terms and Conditions pursuant to which you may become a member of the Sustainability Card program, and by which you may use the Sustainability Card (the “Sustainability Card Program”).

By joining the Sustainability Card Program, you will be deemed to have accepted the terms of use in “Part A – Sustainability Card Program Terms and Conditions.”

By activating your Sustainability Card, you will be deemed to have accepted the terms of use in “Part B – Sustainability Card Terms and Conditions”. Definitions used in these terms and conditions are set out in Part B.

Part A and Part B together form one agreement between you, the member of the Sustainability Card Program and user of the Sustainability Card (“you”), and The Sustainability Card Pty Ltd ABN 48 140 001 083 (“we”, “us” or “our”)

PART A – SUSTAINABILITY CARD PROGRAM TERMS AND CONDITIONS

1. What is the Sustainability Card Program?

1.1 The Sustainability Card Program encourages the production and purchase of environmentally sustainable products.

1.2 The Sustainability Card Program rewards you for purchasing environmentally sustainable products, by providing you with credit that can be used to purchase other goods and services.

1.3 Products under the Sustainability Card Program are independently assessed to be environmentally sustainable, d to “beyond compliance”. Details of the compliance standards are available at the Website.

1.4 By purchasing products certified under the Sustainability Card Program, you can be confident that you are doing the “right thing” by the planet, and you’ll also enjoy the rewards that credit on your Sustainability Card makes available.

2. What do I get from the Sustainability Card Program?

2.1 When you join the Sustainability Card Program, you will be provided with a Sustainability Card.

2.2 If you accept the terms and conditions for the Sustainability Card (in Part B of this document) by activating your Sustainability Card, you will be entitled to the award of Sustainability Card Credit under the Sustainability Card Program.

2.3 You may use your Sustainability Card Credit in exchange for any goods and services from most merchants in Australia that accept EFTPOS cards.

3. What is Sustainability Card Credit?

3.1 Sustainability Card Credit is a benefit awarded to you under the Sustainability Card Program. Sustainability Card Credit can be exchanged for goods and services where there is an EFTPOS terminal.

3.2 For convenience, references to Sustainability Card Credit are expressed in Australian dollars. One unit of Sustainability Card Credit has an exchange value under the Sustainability Card Program of one Australian dollar.

3.3 Credit on your Sustainability Card is not cash, and can never be redeemed for cash. Your sustainability card will not be accepted by any ATM, nor can you make “cash out” transactions from EFTPOS terminals.

3.4 We will maintain a balance of your Sustainability Card Credit. However, this balance is not an account of money, and at all times your Sustainability Card Credit remains a benefit conferred by us in accordance with these terms and conditions.

3.5 Sustainability Card Credit has no value, except when used in conjunction with the Sustainability Card Program. If you leave the Sustainability Card Program, any outstanding Sustainability Card Credit will be cancelled, unless we decide otherwise.

4. How do I accrue Sustainability Card Credit?

Customer Card

4.1 The Website contains a listing of all products that have been certified under the Sustainability Card Program for use by all Sustainability Cards.

4.2 By purchasing a product assessed by us and promoted at the Website, you can receive Sustainability Card Credit. The Sustainability Card Credit you can receive depends on the product that you purchase. Associated with each product will be a statement of the Sustainability Card Credit, expressed in Australian dollars, that you can receive on purchase of the product.

4.3 When you purchase a product that is part of the Sustainability Card Program, you must follow the procedure described on the Website to notify us of your purchase.

4.4 We will verify your purchase.

4.5 After your purchase is verified, at our absolute discretion, the Sustainability Card Credit associated with the product you have purchased will be added to your Sustainability Card Credit balance.

Corporate Card

4.6 In addition to our regular customer Sustainability Card, some businesses may ask us to issue corporate cards that will relate to special promotions or offers they are making (“Corporate Cards”).

4.7 To be eligible for a Corporate Card, you must agree to the terms and conditions offered by the business that supplies it to you as well as these terms and conditions.

4.8 Corporate Cards will include all of the benefits of the Sustainability Card as well as any additional offers made to you by the supplier.

5. How do I use my Sustainability Card Credit?

5.1 The Sustainability Card is a magnetic stripe card that may be used at any approved EFTPOS terminal in Australia.

5.2 To use your Sustainability Card Credit, simply present your Sustainability Card to any merchant in the same way you would any other EFTPOS card.

5.3 You may purchase any goods or service using your Sustainability Card, provided that the price for that good or service is equal to or less than the balance of your Sustainability Card Credit.

5.4 Your Sustainability Card Credit unit balance will reduce by an amount equivalent to the purchase price in Australian dollars of the items you have purchased.

6. How do I join the Sustainability Card Program?

6.1 You join the Sustainability Card Program by making an application to us, and paying the Annual Membership Fee.

6.2 If your application is accepted by us, you will be notified and your Sustainability Card will be sent to you.

6.3 If your application is not accepted by us, or if you notify us that you do not accept the terms and conditions for the Sustainability Card (in Part B of this document), we will refund the Annual Membership Fee to you, less an administration fee.

6.4 On each anniversary of your joining the Sustainability Card Program, you will be required to pay the Annual Membership Fee.

6.5 You will be required to pay other fees and charges for your use of the Sustainability Card. Those fees and charges are set out at website for fees and charges.

6.6 The Annual Membership Fee and all other fees will be paid from Sustainability Card Credit. If you are out of Credit, we reserve the right to cancel your membership. You will be given not less than 30 days notice of any overdue amount before your account is cancelled.

7. General

7.1 Nothing in these terms and conditions excludes or limits any rights you may have under applicable law, including the Trade Practices Act 1974 (Cth).

7.2 We will have no responsibility for any loss you may suffer resulting from your participation in the Sustainability Card Program, your use of your Sustainability Card, any product you purchase using the Sustainability Card, or for any other reason whatsoever.

7.3 We may suspend, terminate or vary the terms of the Sustainability Card Program at any time for any reason, at our absolute discretion. However, before any such suspension, termination or variation takes effect, we will give you at least 30 days notice and the opportunity to use the available Credit on your Sustainability Card in that time and then terminate your membership.

7.4 If we reasonably suspect you are engaged in, or are associated with, fraud or abuse in connection with the Sustainability Card Program, we may terminate your membership to the Sustainability Card Program and cancel any Sustainability Card Credit immediately and without liability to you.

7.5 You are responsible for any tax, duty or other government obligation that arises in connection with your membership of the Sustainability Card Program, or your use of the Sustainability Card.

7.6 We may assign any of our rights under this Agreement without notice to you.

7.7 This Agreement is governed by the laws of New South Wales, Australia, and you agree that any dispute will be determined in accordance with the laws of that State.

7.8 You are required to have an active email account and all notices to you under this agreement will be by email.

PART B – SUSTAINABILITY CARD TERMS AND CONDTIONS

1. BEFORE YOU USE YOUR SUSTAINABILITY CARD AND INTRODUCTION

Please read these Conditions of Use. They apply to all transactions initiated by you through an Electronic Banking Terminal (which in these Conditions of Use refers to EFTPOS devices) by the combined use of your Sustainability Card and a Personal Identification Number (PIN).

The first time that you use your Sustainability Card you will be deemed to have agreed to abide by these Conditions of Use. Therefore, these Conditions of Use should be read carefully. We suggest that you seek advice if you do not understand any information contained within these Conditions of Use or how they apply to you. Once you accept these Conditions of Use, they will apply to your use of your Sustainability Card.

If you fail to properly safeguard your Sustainability Card and PIN you may increase your liability for unauthorised use (refer to section 12 for a list of circumstances where you may be held liable for unauthorised use of your Sustainability Card).

Words that are capitalised are defined in Part C below.

2. CARD ISSUER

The Sustainability Card Pty Ltd ABN 48 140 001 083 (“we”, “us” or “our”) is the issuer of the Sustainability Card. By activating your Sustainability Card, you are entering into a contract with us.

3. SIGNING YOUR SUSTAINABILITY CARD

You agree to sign your Sustainability Card as soon as you receive it and before using it, as a means of preventing unauthorised use.

4. THE SUSTAINABILITY CARD

The Sustainability Card is an EFTPOS Reloadable card.

The Sustainability Card allows purchases and payments to be made wherever Eftpos Sustainability Cards are accepted, if a sufficient Credit is stored on the Sustainability Card. The Sustainability Card cannot be used to withdraw cash at ATMs. Some merchants may choose not to accept Eftpos prepaid cards. You should always check with the merchant that it will accept your Sustainability Card before you attempt to purchase any goods or services.

You acknowledge and agree that you will not earn any interest on any Value that is stored on your Sustainability Card from time to time.

We will debit (deduct) against your Credit any transaction you authorise using your Sustainability Card.

We will (in the first instance) consider a transaction as having been authorised by you when:

you conduct an Electronic Transaction;
your Sustainability Card is used to conduct an Electronic Transaction; or
your Sustainability Card is presented to a merchant (or someone else on behalf of a merchant) in a way acceptable to us.

Fraudulent transactions can occur on your Sustainability Card. Where you advise us that a transaction that has been debited (deducted) is fraudulent, unauthorised or disputed, we will investigate and review that transaction in accordance with section 14 of these Conditions of Use.

5. ACTIVATING THE SUSTAINABILITY CARD

After successful application for a Sustainability Card, you will be required to activate your Sustainability Card before being able to use your Sustainability Card.

To activate your Sustainability Card, you will need to go online at www.sustainabilitycard.com.au and follow the prompts.

6. PERSONAL IDENTIFICATION NUMBER (PIN) SECRECY

If you fail to properly safeguard your Sustainability Card or PIN, you may increase your liability for unauthorised use (refer to section 12 below for a list of circumstances where you may be held to be liable for an unauthorised transaction). We therefore strongly recommend that:

you not record your PIN on your Sustainability Card or on anything with or near your Sustainability Card;
you not tell anyone your PIN and try to prevent anyone else from seeing your PIN;
you try to prevent anyone else seeing you enter your PIN into an Electronic Banking Terminal; and
if you think that your PIN has become known to someone else, you must notify us immediately.

If you forget your PIN, you are able to reset it by going online to www.sustainabilitycard.com.au and following the prompts.

7. IMPORTANT POINTS TO REMEMBER TO SAFEGUARD YOUR SUSTAINABILITY CARD

Important information you should consider:

no-one from us or any merchant will ever ask you for your PIN, therefore, you should never disclose it to anyone either verbally, in writing or electronically;
do not access our website via an email link embedded in an email. Always access the website directly from your internet page;
cover your hand when entering your PIN at an Electronic Banking Terminal;
do not allow anyone to swipe your Sustainability Card when it is not in full sight of you;
maintain up-to-date anti-virus software and a firewall on your computer;
don’t choose a PIN that is easily identified with you, e.g. your date of birth, an alphabetical code which is recognisable part of your name or your car registration;
don’t choose a PIN that is merely a group of repeated numbers;
never lend your Sustainability Card to anyone;
never leave your Sustainability Card unattended, e.g. in your car or at work;
examine your card activity regularly to identify and report, as soon as possible, any instances of unauthorised use;
immediately report the loss, theft or unauthorised use of your Sustainability Card to us;
for security reasons, on the Expiry Date, destroy your Sustainability Card by cutting it diagonally in half.

8. REPORTING THE LOSS OR THEFT OF YOUR SUSTAINABILITY CARD

By Website

If you believe your PIN record has been lost or stolen or your PIN has become known to someone else, you should IMMEDIATELY logon to www.sustainabilitycard.com.au and select “change your PIN”, and follow the prompts. A PIN Reset Fee applies in circumstances where you change your PIN.

If you believe your Sustainability Card has been lost or stolen, you should IMMEDIATELY logon to www.sustainabilitycard.com.au and select “lost and stolen card” and follow the prompts.

Upon successful suspension of your Sustainability Card, all transactions will be blocked (other than transactions which are below merchant’s floor limits and where no electronic approval is required) and even if you should find your Sustainability Card, you will not be able to use it until you have spoken with us to reactivate your Sustainability Card. We will use our best endeavours to contact you within 24 hours of the next Business Day from when you placed a stop on your Sustainability Card to arrange either a replacement card to be issued to you or for your Sustainability Card to be reactivated in circumstances where you have found it.

If the website referred to above is not operating when you try to use it for notification purposes, you will not be liable for any losses occurring due to non-notification whilst the website is non operational . To avoid further losses you are required to continue to try to contact us through the website. Providing you continue to try to contact us by notifying us of the loss through the website, you will not be liable for any loss occurring on your Sustainability Card. If you do not try to contact us, then you may become liable for any losses occurring on your Sustainability Card in accordance with section 12 below.

Procedure

Once a replacement Sustainability Card is issued to you, the Credit remaining on your lost or stolen Sustainability Card will be transferred to your new Sustainability Card less any unauthorised transactions for which you are liable (refer to section 12 for a list of circumstances where you may be held liable for unauthorised transactions).

You must give us a reasonable time to arrange cancellation and the issue of a replacement Sustainability Card.

9. USING YOUR SUSTAINABILITY CARD

The Sustainability Card cannot be used to make or complete a transaction that exceeds the value of the Credit that is stored on your Sustainability Card from time to time. Any attempted transaction that you make that is in excess of the value of the Credit stored on your Sustainability Card at that time will be rejected.

The Sustainability Card may be used as many times as desired as long as the necessary Credit is available, the Expiry Date has not been reached and the Sustainability Card has not been suspended or cancelled.

We do not warrant or accept any responsibility if an Electronic Banking Terminal does not accept your Sustainability Card. You should always check with the relevant merchant that it will accept your Sustainability Card before purchasing any goods or services.

We are not responsible in the event that you have a dispute regarding the goods or services purchased using your Sustainability Card. In the first instance, you must contact the merchant directly. If you cannot resolve the dispute with the merchant, we have the ability in certain circumstances to investigate the disputed transaction on your behalf (refer to section 14 below for a list of the circumstances when we can investigate a disputed transaction) and attempt to obtain a refund for you.

10. CARD EXPIRY

The Sustainability Card is valid until the Expiry Date. You must use all available Credit or renew your membership by the Expiry Date to ensure you receive the benefit of the Credit.

Prior to the Expiry Date, you may contact us and request that a new Sustainability Card be distributed to you and any Credit remaining on your existing Sustainability Card will be transferred to the new Sustainability Card.

If after 6 months after the Expiry Date we have not been able to contact you after reasonable enquiries have been made in order for us to transfer the Credit remaining on your Sustainability Card to your new Sustainability Card then all Credit will be forfeited.

11. CANCELLATION OF YOUR CARD

The Sustainability Card always remains the property of us.

We may cancel and demand the return of the Sustainability Card issued to you at any time:

for security reasons and to protect the remaining Credit where the Sustainability Card has been or is reasonable suspected by us to have been compromised and such compromise has been caused directly by you or third parties; or

if you breach these Conditions of Use and that breach is of a serious nature.

If these circumstances arise, we will notify you that your Sustainability Card has been cancelled.

You may cancel your Sustainability Card at any time by giving us notice in writing or by telephone. Prior to the cancellation of your Sustainability Card, you should ensure that you use all Credit that is remaining on your Sustainability Card.

If after 6 months after the Cancellation Date we have not been able to contact you after reasonable enquiries have been made in order for us to return the Credit remaining on your Sustainability Card to you, then all Credit will be forfeited.

12. YOUR LIABILITY IN CASE YOUR SUSTAINABILITY CARD IS LOST OR STOLEN OR IN CASE OF UNAUTHORISED USE

(1) You are not liable for any unauthorised use of your Sustainability Card:

(a) before you have actually received your Sustainability Card or PIN;

(b) after you have reported it lost or stolen under section 8; or

(2) For the purpose of section 12(1)(c) you will be taken to have contributed to any loss caused by unauthorised use of your Sustainability Card if:

(a) in relation to a transaction arising out of a sales voucher, you unreasonably delay notification of your Sustainability Card being lost or stolen or of any unauthorised use of your Sustainability Card;

(b) you voluntarily disclose your PIN to anyone, including a family member or friend;

(d) you write or indicate your PIN on your Sustainability Card;

(e) you write or indicate your PIN (without making any reasonable attempts to disguise the PIN) on any article carried with your Sustainability Card or likely to be lost or stolen at the same time as your Sustainability Card;

(f) you allow anyone else to use your Sustainability Card;

(g) you unreasonably delay notification of:

(i) your Sustainability Card or PIN record being lost or stolen;

(ii) unauthorised use of your Sustainability Card; or

(iii) the fact that someone else knows your PIN.

(3) If you are taken to have contributed to the unauthorised use of your Sustainability Card under section 12(2), your liability will be the lesser of:

(a) the actual loss when less than the Credit stored on your Sustainability Card at that time the loss occurred; or

(b) the Card Limit.

(4) Where a PIN was required to perform an unauthorised transaction and it is unclear whether or not you have contributed to any loss caused by unauthorised use of your Sustainability Card, your liability will be the lesser of:

(a) $150;

(b) the actual loss when less than the Credit stored on your Sustainability Card at that time the loss occurred; or

(5) In determining your liability under section12(4):

(a) we will consider all reasonable evidence including all reasonable explanations for an unauthorised use having occurred; and

(b) the fact that an account is accessed with the correct PIN, while significant, is not of itself conclusive evidence that you have contributed to the loss.

(6) Your liability for losses occurring as a result of unauthorised access will be determined under the EFT Code of Conduct as issued from time to time by the Australian Securities and Investments Commission. The guidelines set out at sections 6 and 7 to safeguard your Sustainability Card are the minimum suggested security measures you should take.

13. STATEMENT OF TRANSACTION HISTORY

You may check the Credit that is on your Sustainability Card and your transaction history, 24 hours a day 7 days a week, by visiting the Website.

14. RESOLVING ERRORS

If you believe a transaction is wrong or unauthorised or your account statement contains any instances of unauthorised use or errors, you must immediately notify us at www.sustainabilitycard.com.au. As soon as you can, you must also provide us the following:

your name and address and Sustainability Card number;
details of the transaction or the error you consider is wrong or unauthorised;
the Credit value of the transaction and an explanation as to why you believe it is an unauthorised transaction or an error; and
details of whether your Sustainability Card is signed and your PIN secure.

If we are unable to settle your complaint immediately to your satisfaction, it will advise you in writing of the procedures for further investigation and resolution and may request further relevant details from you.

Within 21 days of receiving these further relevant details from you, we will:

advise you in writing of the results of its investigations; or
advise you in writing that it requires further time (not exceeding a further 24 days) to complete its investigation.

Where an investigation continues beyond 45 days, we will provide you with monthly updates on the progress of the investigation and a date when a decision can be reasonably expected, except in cases where we are waiting for a response from you and you have been advised that we require such a response.

We have the ability to investigate any disputed transactions which occurs on your Sustainability Card. You may wish to dispute a transaction in circumstances where:

the transaction is not recognised by you;
you did not authorise the transaction;
you did not receive the goods or services to which the transaction relates;
the transaction amount differs to the purchase amount; or
you believe a transaction has been duplicated.

If we find that an error was made or that you are not liable for the transaction in accordance with the terms set out in section 12 above, then we will make the appropriate adjustments to your Sustainability Card and will advise you in writing of the amount of the adjustment.

15. PRIVACY AND INFORMATION COLLECTION

Collection of information

We may collect your personal information:

to provide information about a product or service;
to consider your request for a product or service;
to provide you with a product or service;
to assist in arrangements with other organisations in relation to the promotion and provision of a product or service or suspend its operation until it is provided;
to perform administrative and operational tasks (including systems development and testing, staff training, and market or customer satisfaction research);
to prevent or investigate any fraud or crime (or a suspected fraud or crime); and
as required by relevant laws and scheme rules.

Absence of relevant information

If you do not provide some or all of the information requested we may be unable to provide you with a product or service.

Providing your information to others

We may provide your information:

to another member of its group;
to any outsourced service providers (for example mailing houses, data switch service companies);
to regulatory bodies, government agencies, law enforcement bodies and courts;
to other parties as is authorised or required by law; or
to participants in the payments system and other financial institutions for the purpose of resolving disputes, errors or other matters arising out of your use of the Sustainability Card or third parties using your Sustainability Card or card information.

Accessing your personal information

Subject to the provisions of the Privacy Act 1988 (Cth), you may access any of your personal information at any time by contacting us through the Website. We may charge you a reasonable administration fee for access. This fee will be advised to you upfront in order for you to determine whether you wish to access your personal information. If you can show that information about you is not accurate, complete and up to date, we will take reasonable steps to ensure it is corrected so that it is accurate, complete and up to date.

Collecting your sensitive information

We will not collect sensitive information about you, such as health information, without your consent.

16. CHANGES TO THESE CONDITIONS OF USE

We may only change, add or delete the terms and conditions set out in these Conditions of Use if we provide you with at least 30 days notice of the change or variation. If you wish to cancel your Sustainability Card as a result of any change or variation, you must contact us to cancel your Sustainability Card.

Any notice we are required to give you concerning any changes to these Conditions of Use may be given to you by:

a notice on electronic equipment (including the Website);
press advertisements; or
a letter.

Any notice or document may be given by us sending it to your last known address. If we send it to your last known address, it is taken to have been received on the date it would have been delivered in the ordinary course of the post.

A copy of the latest version of these Conditions of Use will be available at all times online at www.sustainabilitycard.com.au at no cost to view.

17. OTHER GENERAL CONDITIONS

You may not assign your rights under these Conditions of Use to any other person. We may assign its rights or transfer the contract to another person where such assignment is to a related party or third party where such third party has similar dispute resolution procedures than us. If we transfer or assign the rights under these Conditions of Use, these Conditions of Use will apply to the transferee or assignee as if it were named as us.

18. INTERPRETATION

Reference to:

one gender includes the other;
the singular includes the plural and the plural includes the singular;
a party named in these Conditions of Use includes the party’s executors, administrators, successors and permitted assigns;
money is referring to Australian Dollars unless otherwise stated;
“Including” and similar expressions are not words of limitation;
where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
headings and any table of contents or index are for convenience only and do not form part of these Conditions of Use or affect its interpretation;
if an act must be done on a specified day which is not a Business Day, it must be done on the next business day.

PART C – DEFINITIONS

In Part A and Part B of these terms and conditions, unless otherwise indicated:

Annual Membership Fee means the fee, payable annually, for participation in the Sustainability Card Program.

Business Day means a day that banking institutions are open in Brisbane, excluding Saturday, Sunday and public and bank holidays.

Credit means Sustainability Card Credit.

EFTPOS or Eftpos means Electronic Funds Transfer Point of Sale.

Electronic Banking Terminal means an EFTPOS device, but not an Automatic Teller Machine.

Electronic Transaction means a transaction: (i) initiated by your instruction to purchase goods and/or services using the Sustainability Card and your PIN (or signature depending on the relevant authorisation requirement at the Electronic Banking Terminal); (ii) arising from use of your Sustainability Card; or (iii) arising from information stored on your Sustainability Card.

Expiry Date means the expiry date printed on the front of the Sustainability Card.

PIN means the Personal Identification Number required to be entered by you when using the Sustainability Card for Electronic Transactions (except for transactions requiring a signature and transactions conducted over the internet). The PIN is set by you at the same time you activate your Sustainability Card and may be changed by you from time to time.

Sustainability Card means the EFTPOS Sustainability Card issued by us to you.

Sustainability Card Limit means the total Credit that may be stored on a Sustainability Card at any one time.

Sustainability Card Program means the loyalty scheme referred to in Part A, Section 1.

Sustainability Card Credit means the loyalty scheme credit referred to in Part A, Section 3.

Website means www.sustainabilitycard.com.au