Terms & Conditions: Load&Go Business Portal
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Load&Go Business Portal Terms & Conditions
Terms & Conditions
1. Acknowledgement and acceptance of terms Click to expand Click to collapse
Before applying for the Load&Go Business Portal (the "Portal"), please read through these Terms. These terms and conditions govern your access to and use of the Portal. Terms and Conditions specific to your Load&Go Load Facility or other products and services accessible via the Portal may also apply, please refer to those terms for details as to how the product or service can be used via the Portal.
By accepting these Terms during the application process, you agree to be bound by these Terms.
We reserve the right to amend these Terms at any time. We will notify any such changes on the Website. Your continued use of the Portal following the posting and notification of changes will mean you accept and agree to the changes.
References in these Terms to "we", "us" and "our" are references to Australian Postal Corporation ("Australia Post") whose registered office is at 111 Bourke Street, Melbourne, Victoria 3000.
2. Portal features Click to expand Click to collapse
The Portal enables your Users to:
- Apply for and purchase products and services offered by third parties (including Load&Go Gift Cards and the Load&Go Load Facility) in your name;
- Manage your products and services in accordance with the terms and conditions of the respective product or service. For example activate and load funds to products and services and change product settings (i.e. ATM access and transaction limits); and
- Provide support to others such as providing cardholders access to card details and servicing functions.
We may from time to time introduce other services that form part of, or complement, the Portal. Such additional services may be made available to you with or without charge. We will notify you, and obtain your consent, before providing any service that attracts an additional charge. You will be entitled to opt in to receive any new service functionality at your discretion, and to opt out of some of these communications.
3. Application Click to expand Click to collapse
You need to apply to be able to use the Portal. To be entitled to apply online, you must satisfy our prevailing eligibility criteria that may change from time to time.
The individual that completes the Portal online application process on your behalf will be automatically deemed to be the Administrator who will be responsible for the administration of your Portal (which includes the ability to grant other persons access to it). You must confirm this appointment by completing the application form and sending it to email@example.com. You can only appoint one Administrator at any time to act on your behalf.
4. User rights and deemed authority Click to expand Click to collapse
In order for a new User to be granted access to the Portal the User must be authorised by an Administrator in accordance with our instructions. We will assign Security Information to each User. Authority levels assigned to individuals can be limited by an Administrator against a specific set of criteria allowed by us. Your Administrator must submit a request to us immediately if a User's rights are to be amended or terminated.
You agree and acknowledge we will act upon any Instructions given by a User prior to their access being withdrawn. We will be entitled to act on the Instruction or on notification effected through the Portal (subject to the authorisation model nominated within the Portal and our requirements). If any functionality needs to be changed for a specific User, the Administrator must address this requirement on a per User basis.
You agree and acknowledge:
- we are authorised to act upon all Instructions given through the Portal;
- we are authorised to treat any Instruction effected through the Portal by the use of Security Information as an Instruction that is undertaken with your authority without us being required to verify your authority in any case;
- we are not required to check the accuracy of any Instructions, notifications or request; and
- in consideration of us so acting you release us from all actions, suits, proceedings, claims, costs and demands that may be made, brought or incurred by or against us arising from any unauthorised or incorrect Instructions or requests to effect Instructions.
You give your Administrator the standing authority to appoint Users within the Portal. You authorise Users to purchase for, receive and distribute to persons within your organisation any products and services available via the Portal. You authorise your Users to accept the terms and conditions of those products and services on your behalf. All products and services applied for via the Portal will be opened in your name.
You agree that in being provided access and login/s to the Portal, you take full responsibility for administering and managing Users whom have been granted logins to access the Portal on your behalf.
You must notify Australia Post if a User ceases to be employed or is no longer authorised to access the Portal to enable Australia Post to change the login details for you.
We reserve the right to suspend a User's access if we suspect that verification of their identity has not been conducted in accordance with our requirements. If you wish to change the Administrator, you must provide us with notification in accordance with our requirements.
You agree to provide true, accurate, current and complete information about yourself as part of your application and to promptly update your application information to keep it true, accurate, current and complete. If you do not keep your information current your use of the Portal may be affected and you may not be able to use the Portal to full advantage.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information may be untrue, inaccurate, not current or incomplete, we may in our sole discretion suspend or terminate your Portal and refuse any and all current or future use of the Portal (or any other Portal we may offer from time to time) on written notice to you.
5. Security information Click to expand Click to collapse
You must ensure that all Users of the Portal adhere to Security Information Terms and Conditions.
You agree to immediately notify us of any unauthorised use or suspected unauthorised or fraudulent use of your Portal or any other breach of security.
Australia Post will not be liable for any unauthorised access to the Portal by persons other than the Users or for any inaccuracy, error, delay or loss that any User incurs as a result of connecting to, uploading or accessing the Portal, therefore you must ensure that Users keep login details secure and confidential.
If you become aware of the loss or theft of a record of any element of Security Information, if you suspect that any Security Information has become known to someone else who is not authorised to use them, or if you otherwise suspect any unauthorised access you must ensure that:
- the passwords to the Portal are changed, and
- you notify us immediately
6. Portal restrictions and cut-off times Click to expand Click to collapse
These Terms relate solely to the use of the Portal for your own internal business requirements. Without limitation, you are not permitted to provide the Portal on a sub-licence basis or resell the Portal or to use the Portal to provide any outsourcing services.
The Portal will display records of the transactions initiated via the Portal. We also recommend you regularly print or save your receipts for future reference.
Instructions received after a Cut-Off Time may not be processed until the next business day. This may be the case even if the Portal shows a change in account balances resulting from the operation. For Cut-Off Times for Instructions refer to our User Guide. We may vary Cut-Off Times at any time in our User Guide. Any Instruction that is processed after Cut-Off Time may not be released until later in the evening or on the next business day.
7. Use of the Portal Click to expand Click to collapse
We will make reasonable efforts to make the Portal available except for:
- planned downtime for maintenance and upgrades, or
- any unavailability caused by circumstances beyond our control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving our employees), or internet service provider failures or delays.
We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your Portal.
8. Portal limitations Click to expand Click to collapse
You acknowledge and agree that:
- the internet is accessible to anyone with the appropriate technical capability and that it is impossible to totally protect the Portal (including your Data) from the actions of third parties, including other users of the Portal;
- you are responsible for ensuring that your own business information and information technology systems are protected against the actions of third parties;
- you are responsible for ensuring that your connection to the Portal is secure;
- your application has not been made on the basis of any representations made by us regarding future functionality or features of the Portal;
- we do not warrant that your use of the Portal will be free from any interruption or delay, nor do we warrant that the Portal will be free from any errors, defects or faults. We may temporarily suspend availability of the Portal where upgrades, repair or maintenance are (in our absolute discretion) required. Our sole obligation in relation to any unavailability, errors or defects affecting the Portal will be to use commercially reasonable efforts to repair or correct the Portal (as the case may be);
- if you are unable to access the Portal on a regular basis or for an extended period of time, it is your responsibility to make alternate arrangements; and
- we have no control over, and do not assume any responsibility or liability in respect of, the content of certain Instructions sent via the Portal or changes to your products or services. If you disagree with the content of any Instruction or change to a product or service acquired via the Portal you are responsible for raising your objections with the User or issuer of the product or service (as applicable).
9. Third party content and links to other websites Click to expand Click to collapse
You acknowledge that the content provided or generated by use of the products and services, and certain other content listed on the Portal, may not be ours ("Third Party Content"). The Third Party Content and the layout of the Third Party Content is the sole responsibility of the third party entity that makes it available to you via the Portal. While we may review Third Party Content to determine whether it is unlawful or violates our policies, we are not obliged to review, and we do not accept any liability whatsoever in connection with, the Third Party Content and we make no representations to you about its appropriateness, accuracy, currency and completeness.
The Portal and Third Party Content may also contain hyperlinks and other pointers to websites operated by third parties. These linked websites are not under our control, and we are not responsible for the contents of any linked website or any hyperlink contained in a link to a website. We provide these hyperlinks to you for your convenience only, and the inclusion of any link does not imply any endorsement of the linked website or its contents by us. Your use of any link to another website is entirely at your own risk.
10. Indemnity Click to expand Click to collapse
You must defend and indemnify Australia Post and its Representatives (those indemnified) from and against all Losses suffered or incurred by and of those indemnified to the extent that those Losses are suffered as a result of, whether directly or indirectly, of:
- any breach of a term of this Agreement;
- any unlawful act;
- any illness, injury or death to any person arising out of or in connection with the performance of this Agreement; or
- any loss or damage to any property of any person, arising out of or in connection with the performance of this Agreement,
caused or contributed to by you except to the extent that the Loss is caused by the negligence or wrongful act or omission of those indemnified.
11. Liability and indemnity Click to expand Click to collapse
To the extent permitted by Law, Australia Post's liability to you with respect to any Claim arising under this agreement whether in contract, tort (including negligence), bailment, under statute or otherwise will be limited to resupplying the service in respect to each Claim.
Clause 11.1 will not apply to any Loss suffered by any third party as a result of any Claim arising out of an injury to or the death of any person, to the extent that such Loss was caused by the negligent act or omission of Australia Post or its Representatives.
Except for liability arising under or out of clause 11.1 and indemnities contained within clause 10, neither party will be liable to the other party for any loss of profit, revenue or business, indirect, consequential, special or incidental Loss suffered or incurred by the other party arising out of or in connection with this Agreement whether in contract, tort, equity or otherwise. This exclusion applies even if those Losses may reasonably be supposed to have been in contemplation of both parties as a probable result of any breach at the time they entered into this Agreement.
12. Your warranties Click to expand Click to collapse
You warrant that:
- you will ensure that all people who use the Portal with your permission or consent comply with these Terms;
- all material uploaded, displayed or transmitted by you in connection with your use of the Portal will not be false, offensive, defamatory, threatening, obscene, unlawful or infringe any third party's rights (including without limitation their Intellectual Property rights);
- you will not use the Portal in a way which disrupts, interferes with or restricts the use of the Portal by any third party or otherwise contravenes any applicable laws (including without limitation, laws relating to privacy) or otherwise than as contemplated by these Terms;
- you are solely responsible for maintaining the confidentiality and security of your password(s) and you will be responsible for any loss or damages arising (directly or indirectly) as a result of your failure to do so;
- you will not do anything which is inconsistent with our rights in the Portal under these Terms, including without limitation removing any trademarks, copyright or other proprietary notices contained in or appearing on any material you download from the Portal;
- you will not do any other thing in connection with the Portal which is not expressly authorised by these Terms;
- you will not email, transmit or otherwise make available any content received via the Portal that you do not have a right to make available under law or under contractual or fiduciary relationships;
- you will not engage in the practices of "screen scraping", "database scraping", "data mining" or any other activity with the purpose of obtaining lists of users or other information from the Portal or use web "bots" or other similar data gathering or extraction methods, or permit or enable another party to do so;
- you will not interfere with or disrupt the Portal or servers or networks connected to the Portal, or disobey any requirements, procedures, policies or regulations of networks connected to the Portal, including using any device or software; or
- intentionally or unintentionally violate any applicable local, state, national or international law.
You undertake and agree, if you are a trust, to:
- comply with the terms of the trust and the duties as trustee of the trust;
- use the Portal in accordance with this Agreement exclusively for:
- proper trust purposes;
- not do anything which may result in the loss of your right to indemnity from the trust assets or the termination of the trust;
- remain sole trustee of the trust; and
- not re-settle, set aside or distribute any of the assets of the trust without our consent unless compelled to do so by the current terms of the trust document..
You represent and warrant that if you are a trust:
- you are validly existing under the laws of the place of formation and have taken all necessary action to authorise entry into and performance of this Agreement;
- you are properly appointed as sole trustee of the trust;
- you have a full right to indemnity from the trust assets in respect of the Agreement;
- none of the trust assets have been resettled or set aside; and
- the trust has not terminated nor has any event for the vesting of the assets occurred.
13. Exclusion of warranties Click to expand Click to collapse
Australia Post excludes to the maximum extent permitted by Law all guarantees, conditions and warranties, express or implied by Law, in respect to the Portal except any implied condition or warranty the exclusion of which would contravene any statute (including the Competition and Consumer Act 2010 (Cth)) or cause any part of this clause to be void. Australia Post makes no warranty as to:
- the accuracy of the information available via the Portal; or
- the suitability of use and delivery of any cards sold via the Portal
14. Privacy Click to expand Click to collapse
15. Fees and payment Click to expand Click to collapse
The Fees and payment terms for the Portal can be found at www.auspost.com.au/loadandgobusinessportal.
16. GST Click to expand Click to collapse
Unless the contrary intention appears, words or expressions used in this clause 16 which are defined in the A New Tax System (Goods and Portal Tax) Act 1999 have that same meaning.
All states prices and amounts are payable under these Terms as consideration have been calculated without including an amount for GST (unless GST-inclusive amounts have been specified). In addition to any GST-exclusive amounts payable the customer must pay an amount equivalent to the GST applicable to the taxable supply (the "GST Amount"). The GST Amount is to be calculated by multiplying the GSTexclusive amount by the GST rate applicable to the supply at the time that supply is made. The GST Amount shall be paid to Australia Post at the same time and in the same manner as the relevant consideration is otherwise required to be paid or provided.
Australia Post, as the supplier of a taxable supply under these Terms, will issue a compliant tax invoice to you.
If a supply made under these Terms is treated as not subject to GST but is or becomes a taxable supply Australia Post may charge and recover from the customer in addition to any other consideration, an amount equivalent to the GST payable in respect of that taxable supply.
If in in relation to a supply made under these Terms an adjustment event occurs that gives rise to an adjustment, the price of that supply (including any GST Amount) will alter accordingly and where necessary a payment will be made to reflect the price adjustment.
If any party is required to pay, reimburse or contribute to the other party an amount paid or payable in respect of an acquisition from a third party, the GST-exclusive amount for payment, reimbursement or contribution to the other party shall be the acquisition price paid by the acquiring party, less any input tax credit it is entitled to claim.
Sub-clauses 16.4 and 16.5 of these Terms shall survive the completion of the transactions contemplated by these terms.
17. Suspension and termination Click to expand Click to collapse
You may terminate your licence to access the Portal by submitting a written request to firstname.lastname@example.org. Termination of your access to the Portal will be effective within a reasonable period of your request. No refund of any Fees will be made to you.
We have the right (in our absolute discretion) at any time to notify you that your use of the Portal is for a purpose which we consider does not comply with these Terms. In the event that we give you such notification, we will (in our absolute discretion) delete the offending Data (if applicable) or temporarily suspend providing you Portal and give you 14 days to remedy the nature of our concerns. Your failure to do so within 14 days of such notification will entitle us to cancel access to the Portal without any further notification to you.
We may terminate, limit your access to or suspend your Portal and access to the Portal by providing you with 30 days written notice. The grounds for such termination, limitation of access or suspension will include, but not be limited to, discontinuance or material modification to the Portal (or any part thereof) or a strategic decision of Australia Post.
We will be entitled to terminate these Terms with immediate effect where:
- you materially breach any of your obligations under these Terms and fail to remedy such breach within 14 days of receiving written notice of the breach;
- become insolvent, makes any assignment in or proposal under bankruptcy law, makes any other assignment for the benefit of creditors;
- have a receiver appointed (except for the purposes of reorganisation or amalgamation);
- pass a resolution for or become subject to a winding up order; or
- a request by law enforcement or other government agencies require the termination.
Upon receiving notice of termination of these Terms under clause 17.2-4, you must:
- immediately cease using the Portal; and
- make alternate arrangements for your products or services with the issuer of the product or service.
Note: Termination of the Portal may cause termination of your product or service acquired via it. Please read the product terms and conditions for details.
All Fees paid to us under these Terms are not refundable. Termination will not relieve you of the obligation to pay any Fees due to us prior to termination. Termination of these Terms under this clause will not limit us from pursuing any other remedies available to us.
18. Survival Click to expand Click to collapse
The following clauses will survive termination or expiration of these Terms: clauses 1.3, 4, 8, 11, 13, 18, 19 and 23-27.
19. Intellectual property rights Click to expand Click to collapse
All Intellectual Property rights in the Portal and the technology used to provide the Portal (including but not limited to the Software, Portal or Website and any materials we provide to you under these Terms) are either licensed or owned by us and will not be transferred to you under these Terms.
You shall not copy, reproduce, adapt or otherwise infringe our or our Portal providers' Intellectual Property rights in, any part of the Portal, Portal or the technology used to provide the Portal except as expressly permitted by these Terms.
You grant us and our service providers a non-exclusive, irrevocable, worldwide and royalty free licence to host and reproduce your content for the purposes of providing the Portal.
20. Notices Click to expand Click to collapse
Any notice to be given under these Terms by us will be sent by e-mail to the email address you provided during application (or otherwise as notified to us in writing).
You must direct any notices to us at email@example.com.
Notices will be deemed to have been received by the addressee upon the sender receiving confirmation from the addressee or the addressee's computer system of successful transmission.
21. Assignment and subcontracting Click to expand Click to collapse
We may assign or subcontract any of our rights or obligations in performing the Portal under these Terms at any time without your prior written consent.
22. Waiver Click to expand Click to collapse
Failure by either party to exercise or enforce any term of these Terms will not be deemed a waiver of enforcement of that term or any other term. Other than as stated in these Terms, the remedies provided are in addition to any other remedies available to a party at equity or law.
23. Governing law Click to expand Click to collapse
These Terms are governed by the laws of the State of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.
24. Complaints Click to expand Click to collapse
If you have a query or complaint about the Portal, you may access our internal dispute resolution procedure by calling 1300 886 437 or email firstname.lastname@example.org.
25. Enforceability Click to expand Click to collapse
Any provision of these Terms that is prohibited or unenforceable in a jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforcement of that provision in any other jurisdiction.
26. Suspected illegal activity Click to expand Click to collapse
In order for Australia Post to meet its regulatory and compliance obligations you should be aware that:
- further to any other rights under these Terms, transactions may be delayed, blocked, frozen or refused where Australia Post has reasonable grounds to believe that they breach Australian law or sanctions (or the law or sanctions of any other country). Where transactions are delayed, blocked, frozen or refused. Australia Post is not liable for any loss you suffer (including consequential loss) howsoever caused in connection with any services;
- Australia Post may from time to time require additional information from you to assist it in the above compliance process; and
- where legally obliged to do so, Australia Post will disclose the information gathered to regulatory and/or law enforcement agencies, other banks service providers or to other third parties.
You provide Australia Post the following undertakings and indemnify Australia Post against any potential losses arising from any breach by you of such undertakings:
- you will not initiate, engage in or effect a transaction that may be in breach of Australian law or sanctions (or the law or sanctions of any other country); and
- the underlying activity for which the Services are being provided does not breach any Australian law or sanctions (or the law or sanctions of any other country).
27. Defined terms and interpretation Click to expand Click to collapse
"Administrator" means the person you authorise, amongst other things, to:
- identify, add, amend and delete Users;
- reset passwords, lock and unlock Users;
- add and delete accounts or services for you to access; and
- amend the Portal access to accounts or services.
"Claim" means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature howsoever arising and whether present or future, fixed or unascertained, actual or contingent, whether at Law, in equity, under statute or otherwise.
"Cut-Off Time" means the time, as set out in the User Guide, at which we will not be able to process your Instructions.
"Data" means information you enter into the Portal and the results of processing information as part of your use of the Portal.
"Instruction" means any notice, request, order or instruction provided by you or a User to us via the Portal in respect to the Portal or product or service in your name.
"Intellectual Property" includes:
- all rights of ownership created under or by copyright, design registration, business name registration, patent registration and trade mark registration;
- the exclusive entitlement to claim ownership of rights created under or by copyright, design registration, business name registration, patent registration and trade mark registration;
- the exclusive entitlement to register designs, business names, patents and trademarks, and
- all other rights in intangible property including rights in present and future intangible property and rights in information granted by law or equity from time to time under the law of any jurisdiction throughout the world.
"Law" means all present and future laws, regulations, codes ordinances, local laws, by-laws, orders, judgments, licences, rules, permits, agreements and requirements of all government agencies applicable in any jurisdiction in which activities contemplated by these Terms.
"Load&Go Load Facility" means the Load&Go Load Facility issued by Heritage Bank Limited.
"Loss" means any damage, loss, cost and expense (including legal and other professional advisors' costs and expenses) suffered by a party.
"Malicious Code" means code which contains a virus, worm, trojan horse or any other harmful or malicious component or program.
"Parties" means Australia Post and you.
"Portal" means browser based user interface available from the Website and all related information technology infrastructure used in providing the services to you as described in clause 2.1.
"Representatives" of a party includes an employee, agent, officer, director, contractor or sub-contractor of that party or of a Related Body Corporate of that party.
"Security Information" means any passwords and usernames provided to you or the Users to access the Portal.
"Software" means any software that is used to provide any part of the Portal.
"Terms" means these Load&Go Business Portal Terms and Conditions.
"User" means an individual nominated by the Administrator to access the Portal for viewing, entering or providing Instructions.
"We", "us", "our" or "Australia Post" means Australian Postal Corporation.
"Website" means www.australiapost.com.au
"you" or "your" means the business applicant of the Portal who satisfies the application requirements set out in clause 3.1.
The following rules apply to these Terms unless the context requires otherwise:
- The singular includes the plural and vice versa.
- Headings are for ease of reference only and do not affect interpretation of the Agreement.
- A reference to a party includes its employees, agents, representatives and sub-contractors and any servant or agent of its sub-contractors.
- A reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it.
- Use of the words "includes" or "including" means "without limitation" and the use of these or similar words shall not limit the meaning of the general words.
Load&Go Load Facility Product Disclosure Statement
Product Disclosure Statement
Introduction Click to expand Click to collapse
About this disclosure statement
This Product Disclosure Statement ("PDS") is issued by Heritage Bank Limited ABN 32 087 652 024 AFSL 240984 Australian Credit Licence 240984 ("Issuer") as a requirement under the Corporations Act 2001.
This PDS is designed to assist you in deciding whether to acquire the Australia Post Load&Go Load Facility (the "Facility"). It is important that you read and understand the PDS.
The information in this PDS does not take into account your individual objectives, financial situation or needs. Any advice in this PDS is general advice only. You should consider the appropriateness of any general advice to your circumstances before acting on it.
This PDS is dated 23 March 2015.
Updates relating to this PDS
Information in this PDS that is not materially adverse information is subject to change for time to time. You may access this updated information via the internet at www.auspost.com.au/loadandgobusinessportal. Alternatively, you may request a paper copy of this information free of charge from Australia Post. The information which Heritage will make available by way of these updates is subject to change from time to time.
General description of the Facility
The Facility is a Reloadable Prepaid Card. You can load value to the Facility and then use the Facility to load funds on to products and services as permitted within the Load&Go Business Portal.
The product is not a credit or charge card and the balance does not earn interest. The acquisition of, or value loaded to, the Facility does not represent a deposit with, or investment, in Heritage.
Australian Postal Corporation, ABN 28 864 970 579 ("Australia Post") is the distributor of the Facility and the Authorised Representative (AR No 338646) of Australia Post Services Pty Ltd ABN 67 002 599 340 AFSL No 457551.
Australia Post can be contacted via:
Mail: Australia Post, GPO Box 9911, Melbourne, VIC 3001
Phone: 13 11 18
Australia Post is not the issuer of the Facility.
The Issuer of the Facility is Heritage Bank Limited ABN 32 087 652 024 AFSL 240984 Australian Credit Licence 240984 and if you acquire the Facility you will have a contract with Heritage.
The terms of the contract are contained in the "Conditions of Use" Section of this PDS.
Heritage is an authorised deposit-taking institution and the holder of Australian Financial Services Licence No. 240984 authorising it to provide financial product advice for, and deal in, certain products including the Facility.
Heritage can be contacted via:
Mail: PO Box 190 Toowoomba, QLD 4350 Australia.
Phone: 13 14 22
Roles of the Card Distributor and Issuer
Australia Post is responsible for the distribution of the Facility under an arrangement with the Heritage and is also responsible for providing various cardholder services.
Heritage is responsible for the settlement of transactions using the Facility, but may outsource these functions to service providers.
The significant benefits of the Facility are:
- Unless we advise you otherwise pursuant to Section 16 of the Conditions of Use, we charge no fees for use of the Facility.
- The Facility is a reloadable virtual prepaid card. You can load value to the Facility and then use the Facility to load funds on to your cards as permitted within the Load&Go Business Portal.
- The Facility is reloadable, which means that you can load value to it within applicable limits as many times as you like until you or we terminate the Facility.
- You can access only the value that you have loaded to the Facility. It is not a credit card.
The significant risks associated with the Facility include:
- You will not be provided with a physical device.
- The Facility can only be used or accessed within the Load&Go Business Portal.
- Unauthorised Transactions can occur using the Facility if unauthorised persons log in to the Load&Go Business Portal. You may be liable for losses resulting from an Unauthorised Transaction under the terms and conditions of the product outlined in this PDS.
- You might not be able to get your money back if unauthorised or unintended transactions occur.
- If the electronic network or Load&Go Business Portal enabling the use of the Facility is unavailable, you may not be able to undertake transactions or get information about your Facility.
Other important information
There are some other important things that you need to be aware of about the Facility:
- It does not generate any interest or other return to the holder. In other words, you do not earn interest on the value loaded to the Facility.
- Although Heritage is an authorised deposit-taking institution carrying on banking business in Australia, the acquisition of, or value loaded to, the Facility does not represent a deposit with or investment in Heritage.
- You do not become a depositor with Heritage by holding the Facility. If you have another deposit account with Heritage, the value loaded to your Facility is not counted in working out how much money you might have on deposit with Heritage for any purpose.
- Certain limits apply to the use of and reloading of the Facility including a maximum Available Balance at any time of $250,000.00. See Section 6 "Loading of value, available Balance and limits" of these Conditions of Use for further information.
- Value loaded on the Facility will usually become available for use by you within 3 business days (depending on your financial institution) for transactions carried out via Direct Credit (eg online from your bank account using a "Pay Anyone" instruction). A longer period may apply in some circumstances, such as if there is a delay in your financial institution processing a transaction.
Queries and complaints
If you have a query about the Facility, you should initially direct the query to Australia Post through customer assistance.
For Unauthorised Transactions and disputes relating to the Facility, call customer assistance immediately on (+61) 1300 886 437. It is your responsibility to regularly review your transaction history by logging in to the Load&Go Business Portal to identify Unauthorised Transactions. Under the Conditions of Use, we may not be responsible for any loss to you if you do not dispute an Unauthorised Transaction within a reasonable time limit.
If you have a complaint about the Facility and we are unable to resolve your complaint to your satisfaction within 45 days, you may be eligible to escalate the complaint to Heritage's external dispute resolution service. The external dispute resolution service is:
Financial Ombudsman Service (FOS)
Mail: GPO Box 3, Melbourne, VIC, 3001
Phone: 1300 78 08 08
Fax: 03 9613 6399
In addition, if your complaint is not satisfactorily addressed, you may contact Heritage directly:
Mail: Heritage Bank Limited, PO Box 190, Toowoomba, QLD, 4350
Phone: 13 14 22 (from within Australia) or +61 7 4694 9000 (from outside Australia)
Fax: 07 4694 9782 (from within Australia) or +61 7 4694 9782 (from outside Australia).
1. Definitions Click to expand Click to collapse
"Authorised User" - means the persons nominated by you or your agent from time to time with sufficient authority to order and/or fund products and services on your behalf via the Load&Go Business Portal.
"Available balance" - means the monetary value recorded by us as loaded for transactions using the Facility, as denominated in Australian dollars, less any authorisations, fees and charges or other amounts debited under these Conditions of Use.
"Australia Post" - means Australian Postal Corporation, ABN 28 864 970 579.
"Facility" - means the Australia Post Load&Go Load Facility being a reloadable virtual prepaid card.
"Conditions of Use" - means these Conditions of Use.
"Customer assistance" - means the Load&Go Business support team available via the telephone number (+61) 1300 886 437 and any additional or replacement phone number or numbers we notify to you as support numbers for the purposes of these Conditions of Use from time to time.
"Identifier" - means information that you:
- know but are not required to keep secret, and
- must provide to perform a transaction.
"Issuer" - means Heritage Bank Limited ABN 32 087 652 024 AFSL 240984 Australian Credit Licence 240984.
"Load&Go Business Portal" - means the Australia Post online interface used by Authorised Users to order and manage permitted products and services on your behalf.
"Negative balance" - means a negative balance on the Facility arising because the debits using the Facility exceed the Available Balance on the Facility.
"Pass Code" - means a password or code that you must keep secret, that we may be required to authenticate your identity or a transaction. Examples include your login details to access the Load&Go Business Portal.
"Security Requirements" - means the Security Requirements described under Section 8 "Security of Facility".
"Unauthorised Transaction" - means a transaction not authorised by you, but does not include any transaction carried out by you or by anyone performing the transaction with your knowledge and consent.
"we/us/our" - means the Issuer and its agents.
"Website" - means www.auspost.com.au/loadandgobusinessportal and any additional or replacement website we notify to you as the website for the purposes of these Conditions of Use from time to time.
"you/your" - means the person or entity on whose behalf the Facility has been (or is to be) issued.
The singular includes the plural and vice versa.
References to days, times or periods of time in these Conditions of Use are reckoned according to Australian (AEST) time.
2. Introduction and becoming bound by these Conditions of Use Click to expand Click to collapse
These Conditions of Use govern the use of the Facility. Please read them carefully and keep a copy for your records. By using the Facility you agree to be bound by these Conditions of Use (but these are not the only ways that you can be taken to have agreed to be bound by these Conditions of Use).
Any Authorised User may access the Facility via the Load&Go Business Portal.
By agreeing to these Conditions of Use, you agree that you are financially responsible for all uses of the Facility by your Authorised Users or as otherwise specified in these Conditions of Use.
By agreeing to these Conditions of Use, you acknowledge that you have been given a copy of the Product Disclosure Statement (PDS) in which these Conditions of Use are included.
If you are an individual or small business (as defined by the Mutual Banking Code of Practice) we are bound by the Mutual Banking Code of Practice when we provide the product and services to you.
You acknowledge and agree to the disclosures and other information contained in the Product Disclosure Statement in which these Conditions of Use are printed. Those disclosures and information form part of the agreement between you and us except to the extent that these Conditions of Use provide otherwise or qualify the disclosures and information.
3. The Facility Click to expand Click to collapse
- The Facility is a virtual reloadable prepaid card and value must be loaded to the Facility before the Facility can be used.
- Value can only be loaded in Australian Dollars (AUD).
- The Facility is reloadable. You can load value to the Facility in accordance with these Conditions of Use.
- The Facility cannot be used except for loading funds to other products and services as permitted from time to time within the Load&Go Business Portal, if a sufficient Available Balance exists for the amount of the transaction.
- The Facility is not a credit card.
- The Facility is not an account by which the Issuer takes deposits from you.
- There is no interest payable to you on the credit balance on the Facility.
- Subject to Section 16, we charge no fees for use of the Facility.
4. Obtaining the Facility Click to expand Click to collapse
You can only obtain the Facility if your application to access the Load&Go Business Portal is successful.
5. Using the Facility Click to expand Click to collapse
- You can access the Facility upon your successful application for the Load&Go Business Portal.
- The Facility can only be used within the Load&Go Business Portal by your Authorised Users.
- If there is an insufficient Available Balance on your Facility to pay for a load transaction the transaction will be declined.
- You agree not to make or attempt to make transactions that exceed the Available Balance.
- If you make or attempt to make any transactions that exceed the Available Balance then you will be liable for any Negative Balance, along with any costs or interest we incur in recovering or attempting to recover from you the amount you owe us.
- If a Negative Balance arises, that does not mean that a Negative Balance will be allowed to arise or be increased on subsequent occasions.
- You can use the Facility as often as you like subject to the Available Balance on the Facility and the limits specified in Section 6 and Section 7 of this PDS.
- We may restrict or stop the use of the Facility if excessive use of, or other suspicious activities are noticed.
- You cannot "stop payment" on any transaction after it has been completed. If you have a problem with a transaction made with the Facility, or a dispute with Australia Post, you must deal directly with Australia Post.
- If you are entitled to a refund for any reason relating to a Facility transaction, you agree to accept the refund under the policy of Australia Post.
- We are not liable in any way when authorisation is declined for any particular transaction regardless of reason.
- You are responsible for all transactions using the Facility.
- If you permit someone else to use the Facility, you will be responsible for any transactions initiated by that person with the Facility.
6. Loading of value, available balance and limits Click to expand Click to collapse
- Value can be loaded to your Facility only as specifically provided in these Conditions of Use.
- You can load value to your Facility using a direct credit facility (commonly described on internet banking sites as a "Pay Anyone" facility) provided by your bank or other financial institution. You must enter the BSB number and unique account number provided to you which is available via the Load&Go Business Portal.
- No minimum load value applies.
- The maximum Available Balance that can be loaded to your Facility, is $250,000
7. Limitations on the use of Facility Click to expand Click to collapse
The Facility cannot be used to:
- Initiate transactions or purchases outside of the Load&Go Business Portal; or
- Purchase products and services or load funds to existing products and services within the Load&Go Business Portal if the Facility has expired and a replacement Facility hasn't been issued
8. Security of Facility Click to expand Click to collapse
You must promptly notify us immediately by calling Customer Assistance if:
- the Load Facility is misused;
- the Load Facility is not working properly;
- the security of the Load Facility is breached in any way; or
- there is reason to believe any of the above might occur or might have occurred.
The notification can be made by phone to customer assistance. The notification must then be confirmed in writing. We may require the written confirmation to be made on a particular form or sent to a particular address.
You must make sure that you keep the Load Facility safe and secure. The precautions we require you to take ("Security Requirements") are set out below.
You must not:
- allow anyone other than Authorised Users to use the Facility;
- unnecessarily disclose the Facility details;
- voluntarily disclose any Pass Code to anyone, including an employee or adviser;
You must comply with any instructions we give about keeping the Load Facility safe and secure.
9. Liability for Unauthorised Transactions Click to expand Click to collapse
- You will not be liable for losses resulting from Unauthorised Transactions where it is clear that you have not contributed to the loss.
- You will not be liable for losses resulting from Unauthorised Transactions that are caused by:
- fraud or negligence by our staff or agent, a third party involved in networking arrangements;
- a Pass Code which is expired or cancelled;
- a transaction that occurred before an Authorised User received the Facility and/or Pass Code;
- a transaction being incorrectly debited more than once to the Facility;
- an Unauthorised Transaction performed after notification to us that your Facility has been misused or compromised, or that the security of the relevant Pass Code has been breached.
- Where we can prove on the balance of probability that you contributed to the losses resulting from Unauthorised Transactions:
- through your fraud; or
- by failing to comply with the Security Requirements,
- However, you will not be liable for any loss on any day, or in any period, exceeding any applicable transaction limit for that day or period and you will not be liable for loss in excess of the Available Balance.
- You will be liable for losses resulting from Unauthorised Transactions where we can prove on the balance of probability that you have contributed to the losses through unreasonably delaying notification of the misuse of a Facility. Your liability in this case is limited to losses occurring between the time that you became aware of the security compromise, but, you will not be liable for any loss on any day, or in any period, exceeding any applicable transaction limit for that day or period and you will not be liable for loss in excess of the balance of the Facility available for transactions using the Facility.
10. Transaction history Click to expand Click to collapse
- Your Facility balance and transaction history are available within the Load&Go Business Portal.
- If you notice any error (or possible error) in any transaction or statement relating to the Facility, then you must notify customer assistance immediately. We may request you to provide additional written information concerning any error (or possible error) and you must comply with that request.
- It is your responsibility to regularly review your transaction history to identify Unauthorised Transactions.
11. Facility revocation and cancellation Click to expand Click to collapse
- We may revoke the Facility at any time without cause or notice or if your use of the Load&Go Business Portal ceases.
- You may ask for the Facility to be cancelled at any time. If this occurs your ability to access and manage new and existing products and services within the Load&Go Business Portal will be limited.
- On the revocation or cancellation of the Facility, we will pay the Available Balance to you when:
- We are satisfied that there are no un-cancelled or unexpired authorisations or approvals on either of the Facility.
- We are satisfied that there are no further amounts that we will be debiting, or that we anticipate debiting, against the available balance.
- You give us instructions, on any form we require, for the payment of the Available Balance.
12. Liabilities and disclaimers Click to expand Click to collapse
We are not liable:
- if, through no fault of our own, the Available Balance is not enough to cover a transaction.
- if circumstances beyond our control prevent a transaction, despite any reasonable precautions having been taken by us.
- for any failure due to events outside our reasonable control.
- for any industrial dispute.
- for the way in which any refusal to accept the Facility is communicated.
- for any indirect, special or consequential losses.
- for taking any action required by any government, federal or state law or regulation or court order.
- for anything specifically excluded or limited elsewhere in these Conditions of Use.
You are otherwise liable for all other Unauthorised Transactions.
Our liability in any event (other than in relation to Unauthorised Transactions) shall not exceed the amount of the Available Balance.
If any guarantees, warranties or conditions are implied because of the Australian Securities and Investments Commission Act 2001 or any similar law in respect of services supplied under these Conditions of Use or in connection with the Facility, then our liability for a breach of such a guarantee, warranty or condition will in any event be limited to:
- the supplying of the services again.
- the payment of the cost of having the services supplied again.
The Issuer and Australia Post:
- do not make or give any express or implied warranty or representation in connection with the Facility (including the type, quality or standard of fitness for any purpose).
- are not liable for any loss you suffer (including indirect or consequential loss) arising in connection with the Facility (whether a failure to provide the Facility or its loss, theft or destruction).
All conditions, warranties or other terms implied by law are excluded to the fullest extent permitted by applicable laws and regulations.
Any failure or delay to enforce a term of these Conditions of Use does not mean a waiver of them.
13. Foreign transactions Click to expand Click to collapse
The Available Balance is in Australian dollars. No foreign transactions can be made via the Facility.
14. Privacy and information collection Click to expand Click to collapse
- Information will be disclosed to third parties about the Facility, or transactions made with the Facility, whenever allowed by law and also when necessary:
- For completing a transaction.
- In order to verify the existence and condition of the Facility.
- To utilise services of affiliates who assist in providing the Facility.
- If you give us permission.
- If you owe us money.
- If there are legal proceedings in connection with the Facility.
- To protect against potential fraud and other crimes.
15. Communications Click to expand Click to collapse
- You agree that we may give written notices or other communications to you under or in connection with these Conditions of Use either:
- By writing to you at your registered business address last known to us.
- By electronic communication to your e-mail address last known to us.
- If the notice or communication is not personal to you - by publishing it on the Website.
- If we give a notice or other communication to you by e-mail, the content of the notice or communication may be:
- Set out in the body of the e-mail.
- Included as an electronic document attached to the e-mail.
- Made available at the website for retrieval by you (with the e-mail advising you of this and of the general nature of the information, and giving you the ability to readily retrieve the information electronically).
- If we give a notice or other communication to you:
- By writing to you - you are taken to have received it when it would be delivered in the ordinary course of the post.
- By giving it to you personally or leaving it for you - you are taken to have received it on the day of delivery.
- Electronically - you are taken to have received it on the day it is transmitted.
- In addition to the ways set out in these Conditions of Use, we may give you a notice or other communication by using any method allowed or required by a law. If a law requires us to use a particular method, we will do so.
- You agree that, for the purpose of telephone communications originated or received by us or customer assistance or through the website, and for the purpose of electronic communications received by us or customer assistance or through the website, we or customer assistance or the operator of the website:
- May verify your identity by reference to any or all of the information given by you when purchasing the Facility or during application or any changes made to this information.
- May proceed on the basis that we or they are dealing with you if satisfied by that verification.
- You must notify us immediately of any change to your address and other contact details either through the website or by contacting customer assistance. You should also contact customer assistance if you change your name. We will not be responsible if you do not receive any notice or correspondence that has been sent in accordance with the contact details you have provided.
- The Issuer and Australia Post accept no responsibility or liability for late, lost or misdirected SMS messages or emails caused by inaccurate provision of personal details by you, or by system constraints or failures experienced by your email or mobile phone service providers.
16. Changes to these conditions of use Click to expand Click to collapse
- We may change these Conditions of Use at any time. A change may:
- Introduce or change the fees payable under these Conditions of Use.
- Bring in new Conditions of Use.
- Alter these Conditions of Use in some other way.
- We will notify you in advance of most changes on www.auspost.com.au/loadandgobusinessportal, which will take effect no earlier than 20 days after the notification.
- However, changes necessitated by an immediate need to restore or maintain the security of the system in which the Facility is used can be made subject to the law and the ePayments Code without prior notice.
- We can give advance notice of a change by:
- Publishing it in a notice or advertisement in a major daily newspaper distributed in Australia.
- Placing it on our Website.
- Letter or circular.
- Notification on or with an account statement or other written notice we send to you.
- Using another method that the law allows or requires us to use.
- When we notify you of a change:
- We will comply with any applicable requirements under a law.
- Subject to doing that, it will be good enough if the notification or announcement explains the substantial effect of the change.
17. The Website Click to expand Click to collapse
- Although considerable effort is expended to make the Website and any other operating communication channels available at all times, no warranty is given that these channels will be available and error free every minute of every day.
- You are not liable for any loss caused by the failure of a system or equipment provided by any party to a shared electronic network to complete a transaction accepted by the system or equipment in accordance with your instructions. However, if you were aware, or should have been aware, that the system or equipment was unavailable or malfunctioning, our responsibility will be limited to:
- correcting any errors; and
- refunding any charges or fees that may apply imposed as a result.
- Otherwise, you agree that neither the Issuer nor Australia Post is responsible for temporary interruptions in service due to failure beyond their control including, but not limited to, the failure of interconnecting operating systems, computer viruses, forces of nature, labour disputes and armed conflicts.
- You agree that we are not responsible for any content on the Website other than content relating specifically to you, the Available Balance or the Facility.
Load&Go Load Facility Financial Services Guide
Financial Services Guide
Financial Services Guide prepared 23 March 2015.
1. About this Financial Services Guide Click to expand Click to collapse
This Financial Services Guide (FSG) is issued by Australian Postal Corporation ABN 28 864 970 579 Authorised Representative No. 338646 (Australia Post) and Australia Post Services Pty Ltd ABN 67 002 599 340 Australian Financial Services Licence No. 457551 (Australia Post Services). (Together "us", "our" or "we".)
The purpose of this FSG is to assist you in deciding whether or not to use any of the financial services as described in this FSG relating to the Load&Go Load Facility provided by Heritage Bank Limited ABN 32 087 652 024 AFSL 240984 Australian Credit Licence 240984 (Heritage), and how Australia Post provides services, including:
- how you can contact Australia Post;
- what financial services Australia Post is authorised to provide;
- how Australia Post and other relevant parties are paid in relation to the services offered; and
- what to do if you have a complaint.
2. What other documents should you receive? Click to expand Click to collapse
If you decide to purchase the Load&Go Load Facility you will also receive a Product Disclosure Statement (PDS). The purpose of the PDS is to assist you in making an informed decision about the Load&Go Load Facility. It contains important information about the features, benefits, risks and terms and conditions of the Card.
3. How do you contact us? Click to expand Click to collapse
You can contact Australia Post and Australia Post Services by:
13 13 18 from Australia, or +61 3 8847 9045 from overseas
Customer Sales and Service
GPO Box 9911
Melbourne VIC 3001
4. What financial services are we authorised to provide? Click to expand Click to collapse
Australia Post Services and Australia Post (as Australia Post Services' Authorised Representative) are authorised to provide financial services in relation to a Load&Go Load Facility. We are authorised to arrange the issue, variation and disposal of a Load&Go Load Facility.
We are also authorised to provide general advice in marketing materials about a Load&Go Load Facility but we are not authorised to give personal advice. This means any commentary, statements of opinion and recommendations by us in relation to a Load&Go Load Facility contain only general advice. That is, such statements of opinion and recommendations that have been prepared without taking into account your personal objectives, financial situation or needs.
5. Compensation arrangements Click to expand Click to collapse
Australia Post will be acting on behalf of Australia Post Services. Australia Post Services is therefore responsible for the financial services described in this FSG. Australia Post Services has professional indemnity insurance cover and other internal arrangements in place in respect of financial services provided to retail clients.
These arrangements comply with the requirements of Section 912B of the Corporations Act 2001.
6. How is Australia Post paid? Click to expand Click to collapse
Australia Post receives remuneration and benefits in respect of, or attributable to, the financial services that Australia Post is authorised to provide.
The remuneration and benefits will be payable if Australia Post arranges for Heritage to issue, sell or vary a Load&Go Load Facility to you, or arranges for you to acquire or apply for a Load&Go Load Facility.
By purchasing and enabling your representative to use a Load&Go Load Facility, you agree to the fees payable to Australia Post as outlined in this FSG.
Commissions Australia Post receives from Heritage
Australia Post receives fees paid by you for using the product (as outlined in the PDS), as well as commission from Heritage. The commission is paid monthly. Heritage calculates the commission on daily total balances available for transactions for all Load&Go Load Facilities issued. Heritage then calculates the commission at a rate determined by which of the following tiers the daily total balance falls into. The commission rate is based on the Cash Rate Target (CRT) published by the Reserve Bank of Australia. The CRT can vary and can be viewed at: www.rba.gov.au
|Daily Balance||Commission Rate
|$1 or more, but less
|CRT minus 0.75%|
|$5,000,000 or more,
but less than
|CRT minus 0.5%
|$15,000,000 or more,
but less than
|CRT minus 0.25%
|$35,000,000 or more||CRT minus 0.10%|
Other money Australia Post receives from Heritage
Each month, Heritage pays to Australia Post the following amounts Heritage receives from you:
- the fees and charges, as listed in the PDS for the Load&Go Load Facility, debited to the available balances of the Load&Go Load Facility (subject to any fees and charges Heritage retains as section 7 of this FSG); and
- any unused fund balances remaining on any Load&Go Load Facility after the card for the product has expired or been cancelled or revoked in accordance with the terms and conditions of the Load&Go Load Facility.
7. How is Heritage paid? Click to expand Click to collapse
Heritage receives the following amounts in respect of each Load&Go Load Facility issued to you - $0.10 for each card sold, $0.02 for each facility reload, $7.50 for returned reload if manual work is required and 25% of the currency conversion fee.
8. What should you do if you have a complaint? Click to expand Click to collapse
If you have a dispute about the services provided by us, you should contact Australia Post by:
13 13 18 from Australia, or +61 3 8847 9045 from overseas
Customer Sales and Service
GPO Box 9911
Melbourne VIC 3001
Our internal dispute resolution process requires that we aim to resolve most complaints within 10 working days. If we are unable to resolve your complaint to your satisfaction within 45 days, you may be eligible to escalate the complaint to our external dispute resolution service.
Australia Post Services uses the services of the Financial Ombudsman Service for external dispute resolution and their contact details are as follows:
GPO Box 3, Melbourne VIC 3001
1300 78 08 08
03 9613 6399
Please note that FOS will refer your complaint back to Australia Post Services if it has not been investigated.