Laybuy

Last Update: 3 November 2020

Part A | General Information

1. About these Terms of Use

The terms that apply to Your Laybuy card (the “Laybuy Card”) are made up of: these Terms of Use which include the Terms and Conditions at Part B of this document; and the Laybuy BNPL Terms which can be accessed at https://www.laybuy.com/au/consumer-terms You will be bound by these Terms of Use and the Laybuy BNPL Terms if You activate and/or use Your Laybuy Card.

These Terms of Use are issued by Laybuy Australia Pty Ltd ACN 640 349 971 (“Laybuy”, "we", "us " and "our") to provide You with sufficient information about the Laybuy BNPL Product and the interaction of the Laybuy BNPL Product and the Laybuy Card.

We will use reasonable endeavours to comply with the ePayments Code when our dealings with you fall under that code.

This Part A is designed to assist You in understanding the key characteristics of the Laybuy Card. Please note the Laybuy Card is not a financial product under the Corporation Act 2001. You should refer to the Laybuy BNPL Terms for the ways in which You can use the Available Balance and the Laybuy Account linked to Your Laybuy BNPL Product.

2. About the Card

Your Laybuy Card is a Tokenised Card, which provides You with the means to make purchases using the Available Balance of Your Laybuy Account anywhere in the world where Mastercard cards are accepted, subject to Laybuy’s purchase approval criteria and the Laybuy BNPL Terms.

The Laybuy Card does not allow You to spend more than Your Available Balance within Your Laybuy Account. You must pay to us any amount owing in excess of Your Available Balance immediately.

Any payments using the Laybuy Card are subject to Laybuy’s transaction approval criteria set out in the Laybuy BNPL Terms. Purchases at particular merchants may not be allowed under the Laybuy BNPL Terms.

3. Statement of account

Your electronic statements of accounts showing Laybuy Card transactions, the Account Balance and other features of Your Laybuy Account are available both online at http://dashboard.laybuy.com and on the Laybuy App.

Please contact us by visiting https://www.laybuy.com/au/ or by emailing us on [email protected] if You require any assistance accessing electronic statements of accounts.

4. Changes to these Terms of Use

The information in these Terms of Use is subject to change from time to time under clause 10.21 "Changes to these Terms and Conditions" and is correct and current as at the date stated on the front cover of these Terms and Conditions. Information regarding Your Laybuy Card may need to be updated from time to time. Any updated information will be made available on our Website.

5. Parties involved in the distribution of The Card

Laybuy is the provider of the Laybuy BNPL Product and distributor of the Laybuy Card. Laybuy provides the Laybuy BNPL Product under the Laybuy BNPL Terms, which You accepted when You opened Your Laybuy Account.

Laybuy can be contacted via: Mail: Level 3, WeWork, 100 Harris Street, Pyrmont NSW 2009 Email: [email protected] Internet: https://www.laybuy.com/au/

6. Who is eligible for the Card?

To be eligible for the Laybuy Card You must be: a verified Laybuy customer, with an approved Laybuy Account. [any other eligibility criteria set by the Laybuy)

7. Significant Benefits To Cardholders

The significant benefits of the Laybuy Card are as follows:

The Laybuy Card is a Mastercard which is linked to Your Laybuy Account. The Laybuy Card can be used to pay for goods and services from merchants who accept Mastercard cards including online purchase transactions (via a Device Wallet only), subject to the Laybuy BNPL Terms.

8. Significant Risks To Cardholders

Some of the risks that may be associated with the use of the Laybuy Card are outlined below. The risks described are intended to be a summary of the major risks associated with the Laybuy Card and are not exhaustive. There may be other risks that relate to the use of Your Laybuy Card.

Significant risks to cardholders are:

The Laybuy Card will expire on the expiry date. You cannot access any value loaded on the expired Laybuy Card;
As the Laybuy Card is a Tokenised Card you will not be provided with the expiry date, the PAN or the CCV number;
Unauthorised Transactions can happen using the Laybuy Card if it is lost or stolen, a PIN is revealed to any other person, or as a result of fraud;
Unintended transactions can happen if electronic equipment with which the Laybuy Card is being used is operated incorrectly or incorrect details are input;
You might not be able to get Your money back if Unauthorised Transactions or unintended transactions occur;
if the electronic network enabling the use of the Laybuy Card is unavailable, You may not be able to undertake transactions or get information using the Laybuy Card;
the Device You use Your Laybuy Card with could be lost or stolen.

9. Problems Or Disputes

If You have a query about the Laybuy Card, You should direct the query to Laybuy. Laybuy can be contacted via: Email: [email protected]

If we are unable to resolve Your complaint to Your satisfaction within 45 days or if You are not satisfied with our resolution, You may escalate the complaint to an independent external dispute resolution service, the Australian Financial Complaints Authority (AFCA). AFCA provides fair and independent financial services complaint resolution that is free to consumers.

AFCA can be contacted at the following:

Mail: GPO Box 3, Melbourne VIC 3001;

Phone: 1800 931 678 (free call)

Website: www.afca.org.au

Email: [email protected]

Where Your Laybuy Card is used for Unauthorised Transactions, we will seek to reverse the transaction if this is possible under the Mastercard Scheme Rules. Your ability to dispute a transaction or reverse an Unauthorised Transaction may be lost if You do not notify us immediately. It is Your responsibility to regularly review Your online transaction history to identify Unauthorised Transactions. Under these Terms and Conditions, we may not be responsible for any loss to You if You do not dispute an Unauthorised Transaction within 45 days.

Part B | Terms and Conditions

Terms and Conditions of the Card

10.1 Definitions

Words in the Terms of Use are defined as follows.

Approved Merchant means retailers approved by Laybuy.

Available Balance means the monetary value recorded by Laybuy within Your Laybuy Account which is available for transactions, less any purchases, authorisations, fees and charges or other amounts debited under the Laybuy BNPL Terms.

Biometric Identifier means a fingerprint, faceprint or any other similar biometric identifier.

Contactless Transaction means a transaction made by holding a Laybuy Card (which is capable of making a Contactless Transaction) in front of a Contactless Terminal, to complete a transaction, rather than inserting the card into the terminal.

Contactless Terminal means a terminal that can be used to make a Contactless Transaction.

Device means a compatible smartphone or wearable device that supports a Device Wallet, enabling You to use the Device as a payment method for purchase transactions.

Device Pass Code means anything used to unlock and access a Device including, but not limited to, a password, numerical code, pattern or Biometric Identifier.

Device Wallet means the Apple Pay, Google Pay or Samsung Pay mobile applications that store the Laybuy Card as a Tokenised Card on a compatible phone or wearable device.

EFTPOS means electronic funds transfer at point of sale.

ePayments Code refers to the code issued by the Australian Securities & Investments Commission, effective from 29 March 2016, and includes any subsequent amendments or replacements.

Electronic Communication means a message which is sent to You and which You receive electronically, in a form that You can retain for later reference such as by printing or by storing for later display.

Identifier means information that You know but are not required to keep secret and which You must provide to perform a transaction (for example, a card number).

Laybuy Account means Your account which forms part of the Laybuy BNPL Product.

Laybuy App means the Laybuy mobile application, downloadable to a mobile device, used by You to manage Your Laybuy BNPL Product.

Laybuy BNPL Product means the credit product issued and administered by Laybuy and made available to You, subject to the Laybuy BNPL Terms.

Laybuy BNPL Terms means the terms and conditions governing the credit product issued and administered by Laybuy, including the Available Balance, Laybuy Account, Laybuy BNPL Product and access to and use of Laybuy’s proprietary platform.

Laybuy Card means the Tokenised Card issued as part of Your Laybuy BNPL Product which can only be used in a Device Wallet.

Mastercard means Mastercard International Incorporated.

Mastercard Scheme Rules means the Mastercard Scheme Rules and the Mastercard Technical Operational and Security Rules.

Negative Balance means a negative rather than a positive Available Balance.

Nominated Payment Method means the account that You have nominated (in accordance with the BNPL Terms) to charge all amounts owning to Laybuy in connection with any product or service You purchase using Your Laybuy Card.

Pass Code means a password or code that You must keep secret that is used to authenticate Your identity or a transaction. Examples include a code delivered to You by text or email which is required to perform a transaction (often called Two Factor Authentication).

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about You when Your identity is apparent or can reasonably be ascertained from the information or opinion.

PAN means the 16-digit Primary Account Number, which is the number embossed on the front of the Laybuy Card

Pays Providers means the mobile payment and Device Wallet service created by Apple, Google and Samsung Pay respectively.

PIN means the four-digit personal identification number which we issue to You to access some of the Laybuy Card services.

Security Requirements means the Security Requirements described under section 10.9 “Card Security”.

Terms of Use means this document and include the Terms and Conditions.

Terms and Conditions means Part B of this document.

Tokenised Card means the process in which the sensitive Personal Information (including, but not limited to, a Cardholder’s Primary Account Number (PAN)) is substituted for a unique identifier (token) by Mastercard and stored within a Device for You to use as payment. A Tokenised Card can be used for Contactless Transactions as well as card not present transactions, including online purchases.

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 Laybuy and, except where the context indicates a different intention, also includes any agent acting on behalf of Laybuy

Website means the secured web site for the Laybuy Card and any additional or replacement website we notify You as the website for the purposes of these Terms & Conditions from time to time.

You refers to a person who has been approved by Laybuy to open a Laybuy BNPL Product and has been issued with the Laybuy Card. Any other grammatical form of the word “You” has a corresponding meaning. References to a person include companies and trusts and any other kind of body. Singular words include plural words and vice versa.

10.2 Overview

These Terms and Conditions and the Laybuy BNPL Terms govern the use of the Laybuy Card. If there is any inconsistency between these Terms and Conditions and the Laybuy BNPL Terms, the Laybuy BNPL Terms will prevail. Please read both of these documents carefully and keep a copy for Your records. By activating and/or using the Laybuy Card, You agree to be bound by the Laybuy Terms & Conditions.

Important points to remember to safeguard Your Laybuy Card include to:

memorise Your PIN and never store it with or near Your Device;
never lend Your Device to anyone;
never communicate Your PIN or Pass Code to anyone;

When using Your Device, You should:

always lock Your Device and never leave Your Device unattended;
assign a Device Pass Code to unlock Your Device;
not share Your Device Pass Code to anyone;
not store anyone else’s Biometric Identifier within Your Device;
remove any other registered Biometric Identifier which is not Your own from Your Device;
ensure that any security details to access Your Device or authorise a payment with Your Device is not easily guessed;
immediately report the unauthorised use of Your Laybuy Card to Laybuy on [email protected];
examine Your Laybuy Account and Available Balance on a regular basis to identify and report, as soon as possible, any instances of unauthorised use; and
keep Laybuy Card information (including any Identifier, Pass Code or Personal Information such as Your Tokenised Card number, PIN and CVV number) private and never store or communicate the information to anyone.

10.3 The Card

The Laybuy Card is a Tokenised Card which provides You with the means to make purchases using the Available Balance of Your Laybuy Account wherever Mastercard is accepted for electronic payment, subject to Laybuy’s purchase approval criteria and the Laybuy BNPL Terms.

Your Laybuy Card is only valid during the period stated on the card. You must not attempt to use Your Laybuy Card before or after this date, and you must destroy an expired card and not attempt to use Your Laybuy Card after this date.

There is no stored value on the Laybuy Card. Any transactions made by using the Laybuy Card are debited against the Available Balance of Your Laybuy Account.

The Laybuy Card is not a facility by which Laybuy takes deposits from You.

10.4 Using the Card

Upon approval by Laybuy on the opening of Your Laybuy Account and subsequent request for a Laybuy Card:

we will issue you a Laybuy Card to use with Your Laybuy Account; and
Your Laybuy Card will be ready for activation and use.

Subject to section 10.4(c), 10.4(d) and 10.7 "Limitations of Use of the Card", the Laybuy Card allows You to purchase goods and services:

at an outlet within Australia that has EFTPOS available by making a Contactless Transaction; and/or
over the internet solely via a Device Wallet;

regardless of whether the merchant is an Approved Merchant or not.

Any payments made using Your Laybuy Card at an Approved Merchant will be debited against Your Available Balance and Your repayments will be due in accordance with the BNPL Terms.

Any payments made using Your Laybuy Card at a merchant that is not an Approved Merchant will be immediately debited in full from, and subject to the available balance of, your Nominated Payment Method.

We are not responsible if a merchant refuses to accept Your Laybuy Card.

You agree not to make or attempt to make transactions on Your Laybuy Card that exceed the Available Balance. If there is no Available Balance on Your Laybuy Account, any attempted transactions with the Laybuy Card may be declined.

If You make or attempt to make any transactions that exceed the Available Balance then You:

will be liable for any Negative Balance if we allow it, along with any costs or interest we incur in recovering or attempting to recover from You the amount owing; and
must immediately to us any Negative Balance (along with the additional costs outlined above) immediately.

Laybuy may restrict or stop the use of the Laybuy Card if excessive uses of the Laybuy Card or other suspicious activities are noticed or are otherwise prohibited transactions under the Laybuy BNPL Terms.

Laybuy has the right to decline Your authorisation for any transaction if it is uncertain for any reason of the authenticity or validity of the authorisation or Your legal capacity to give the authorisation.

Laybuy will not be liable to You or any other person for any loss or damage which You or such other person may suffer as a result of our action.

You should ensure that the correct amount is entered into the Contactless Terminal or on the online payment system, before you authorise the transaction.

By entering your PIN or authorising a payment, You are indicating your agreement that the transaction amount is correct - You cannot “stop a payment” on any transaction after it has been completed. As your instructions to us to debit your Laybuy Account and pay another person will be regarded as being final and irrecoverable once processed, You must contact the merchant with any disputes regarding incorrect charges. If You cannot resolve the dispute with the merchant, You should notify Laybuy in writing at [email protected] in accordance with the Laybuy BNPL Terms.

If You are entitled to a refund for any reason relating to a transaction, You agree to accept the refund under the policy of that specific merchant. Refunds may be in the form of a credit to Your Laybuy Card or in store credit.

If we are unable to match the refund to the original transaction, we may hold this balance in suspense for you to allocate to the correct original transaction.

If the Laybuy Card is expired or revoked before You have spent any value loaded to the Laybuy Card resulting from a refund (whether or not the original transaction being refunded was made using the Laybuy Card) then You will have no access to those funds unless a replacement Laybuy Card has been issued to You.

We are not liable in any way when an authorisation is declined for any particular transaction regardless of reason.

You must not permit use of Your Laybuy Card by any other person. If the Laybuy Card is or was used by any other person, or if You know or suspect any other person has obtained Your Laybuy Card, You must immediately notify Laybuy at [email protected].

You may not make pre-authorised regular payments through the use of the Laybuy Card.

Your Laybuy Card may not be used for any direct or recurring debit payments.

10.5 Fees and Charges

You agree to pay the fees provided in these Terms and Conditions. Applicable fees are as follows:

Fees and Charges to be paid by the Cardholder relating to the use of the Card: N/A

All fees and charges are expressed in Australian dollars and are inclusive of any applicable GST.

Certain merchants may charge an additional fee for goods and services when you pay with Your Laybuy Card rather than with cash. This fee is determined and charged by the merchant and is not retained by us.

10.6 Transactions OUTSIDE AUSTRALIA

The Available Balance on Your Laybuy Card is in Australian dollars. Transactions made in a currency other than Australian dollars will be subject to the prevailing Mastercard exchange rate at the time.

For a full listing of fees and charges please refer to section Fees and Charges.

10.7 Limitations of Use of the Card

The following limitations apply to the Laybuy Card: the Laybuy Card may not be used for, and authorisation may be declined for, any illegal transactions or for any transactions not approved by Laybuy; Laybuy may restrict the use of the Laybuy Card at certain merchants and for certain type of products and services restricted by Laybuy; and some merchants may choose not to accept Mastercard cards. The following table illustrates the transaction limits applicable to the Laybuy Card. Merchants or other providers of facilities may impose additional limits. Transaction Limit Maximum Point of Sale transaction As per Your Laybuy Account Daily Point of Sale Limit As per Your Laybuy Account Maximum number of Point of Sale transactions per day As per Your Laybuy Account

10.8 PIN and Pass codes

Your PIN has been provided to You in the Laybuy App (upon verification of registration). You must not disclose Your PIN to any other person. A Pass Code may be provided to Your registered Device to complete a transaction – this is often referred to as Two Factor Authentication. Where You are provided a Pass Code in these circumstances, You must not disclose that Pass Code to any other person.

10.9 Security

It is important to take all reasonable precautions to ensure that Your PIN, Pass Code and other access codes remain secure and confidential. Access codes should be memorised, and any correspondence notifying you of an access code must be destroyed. The precautions we require you to take in relation to your PIN, Pass Code and other access codes are set out below.

You must not:

tell anyone your PIN or Pass Code, including any friends, members of your family or your attorney; select a PIN and Pass Code that is comprised of repeated, ascending or descending numbers, or numbers that are associated with Your birth date, or an alphabetic code which is a recognisable part of Your name, or any other combination of numbers and letters readily identifiable with You;
give Your Laybuy Card to anyone else or let them use it; where a Device is required to perform a transaction, write or make a record of any PIN or Passcode on the device, or anything carried with the device or liable to loss or theft with the device, unless you make a reasonable attempt to protect the security of the access codes;
be careless about protecting the security of your PIN or Pass Code; carry the PIN or Device Pass Code with the Device, or record the PIN or Device Pass Code on anything carried with the Laybuy Card or liable to loss or theft simultaneously with a Device, unless You make a reasonable attempt to protect the security of the PIN or Device Pass Code; or voluntarily disclose the PIN, Device Pass Code or Pass Code to anyone, including a family member or friend.
You must not act with extreme carelessness in failing to protect the security of your PIN and Pass Code – for example, by storing Your PIN in a notebook that is not protected under the heading ‘PIN Code’.

10.10 Loss, Theft and Misuse of Cards or Devices

If You know or have reason to suspect that Your Device is lost, stolen or damaged, likely to be misused or You have reason to suspect that someone else may know the PIN, Identifiers or Pass Codes You must immediately notify Laybuy. We will then suspend Your Laybuy Card to restrict further use.
You may be required to confirm details of the loss, theft or misuse in writing (and to provide particular information in the confirmation) and You must comply with that requirement.

If we know or suspect that anyone else knows Your PIN, Identifiers or Pass Codes, we may place a stop on the relevant service. In that event, You can contact us for a new access code or PIN and to have the stop removed.

You must regularly check to make sure You still have your Laybuy Card.

Your PIN may be automatically de-activated after three unsuccessful attempts to enter Your PIN. If this happens, we can re-activate Your PIN, or send you a reminder of Your PIN, as long as your Laybuy Card is in Your possession.

10.11 Liability for Unauthorised Transactions

Your liability for losses arising from Unauthorised Transactions will be determined under the ePayments Code. Where You are not liable If transactions not authorised by You (Unauthorised Transactions) are processed on your Laybuy Account, You must inform us as soon as you become aware of these.

You will not be liable for transactions:

that You did not contribute to, or You were not aware of and could not have known about;
that are caused by fraudulent or negligent conduct by our employees or agents, a third party involved in networking arrangements, or a merchant or their employee or agent;
which relate to a Laybuy Card, Identifier or Pass Code which is forged, faulty, expired or cancelled; took place before You received the Laybuy Card and/or Pass Code (including a reissued Laybuy Card and/or Pass Code);
when they are caused by the same transaction being incorrectly debited more than once to Your Laybuy Card; or performed after You have informed us that Your Laybuy Card has been misused, lost or stolen, or the security of a Pass Code has been breached; or
which result from an Unauthorised Transaction that can be made using an identifier without the Laybuy Card or a PIN. Where a transaction can be made using the Laybuy Card, or a Laybuy Card and an identifier, but does not require a PIN, You are liable only if You unreasonably delay reporting the loss or theft of the Laybuy Card or a Device.

Where You are liable

You are liable for loss resulting from an Unauthorised Transaction if we can prove on the balance of probability that the loss resulted from You:

acting fraudulently; and
breaching section 10.9 and 10.10.

Your liability will extend to the total loss suffered before You report the loss, theft or misuse of a Laybuy Card or Device or breach of PIN or Pass Code security to us.

If we can prove that You contributed to losses incurred by unreasonably delaying reporting to us the misuse, loss or theft of a Laybuy Card or Device, or the breach of the security of Your PIN or Pass Code, You are liable for any Unauthorised Transactions occurring between when You became aware, or should have reasonably become aware of the misuse, loss, theft or breach, and when You actually notified us.

You will not be liable for any portion of the losses incurred:

on any one day in excess of any applicable daily transaction limit; and
in any period in excess of any applicable periodic transaction limit; and that exceed that Available Balance; and
if we and You had not agreed that the Available Balance could be accessed using the Laybuy Card or identifier and/or PIN used to perform the transaction.

Liability for unreasonably delaying notification

You will be liable for losses arising from an Unauthorised Transaction if we can prove on the balance of probability that You contributed to those losses by unreasonably delaying reporting the misuse, loss or theft of a Laybuy Card or Device, or that the security of all PINs has been breached.

In those circumstances, You are liable in full for the actual losses that occur between when You become aware of the security compromise, or should reasonably have become aware in the case of a lost or stolen Laybuy Card, but:

You are not liable for the portion of losses incurred on any one day in excess of any applicable daily transaction limit; and
You are not liable for the portion of losses incurred in any period in excess of any applicable periodic transaction limit; and
You are not liable for the portion of losses that exceeds the Available Balance; and
You are not liable for the portion of losses incurred if we and You had not agreed that the Available Balance could be accessed using the Laybuy Card or Identifier and/or PIN used to perform the transaction. When you will have limited liability

If a PIN was required to perform an Unauthorised Transaction not already covered above, You will be liable for the least of:

$150; or
the Available Balance; or
the actual loss at the time that the misuse, loss or theft of a Laybuy Card or breach of PIN security is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily of other periodic transaction limit.

If You report an Unauthorised Transaction, we will not hold You liable for losses arising from the Unauthorised Transaction for an amount greater than Your liability if we exercised any rights under the rules of the Mastercard scheme, at the time of the report, against other parties to the Mastercard scheme (for example, chargeback rights).

Important Information about Chargebacks

In some circumstances, You may be able to request a chargeback of a transaction when You have a dispute with a merchant, such as the merchant’s failure to supply the goods or services You paid for.

A chargeback is a right under the Mastercard Scheme rules by which a transaction can effectively be reversed by us debiting an amount to the merchant’s financial institution and crediting back to Your Available Balance. We can only process chargebacks if the Mastercard Scheme Rules allow us to. If You believe that You are entitled to a chargeback, You must notify us as soon as possible by contacting Laybuy.

The Mastercard Scheme Rules impose time limits for initiating chargebacks. The time limit is generally 90 days from the date of the disputed transaction.

If You request a chargeback, we may need You to provide additional information. If we do ask You for additional information and You do not provide it within 10 days, then You may lose any rights to the chargeback and if it has already been processed, we may reverse it.

Please note that if we process a chargeback, the merchant may have rights under the Mastercard Scheme Rules to have the transaction investigated further, and this can in some circumstances result in the chargeback being reversed (which means the original transaction might be reinstated by being debited to Your Available Balance).

10.12 Statements

When you register for a Laybuy Account, you consent to us giving you notices, statements and other documents in connection with our dealings with You electronically (ie through the Laybuy App) and by email. You understand that by giving this consent:

we will no longer send you paper copies of notices and other documents;
You should regularly check your nominated email address for notices, statements and other documents; You may withdraw your consent to the giving of statements, notices and other documents electronically at any time; and
You have the facilities to print statements, notices or other documents sent to You by us if You wish.
We can send you a paper statement, notice or other document if you request at any time.
Provided You have registered Your Laybuy Card, it’s balance and transaction history will be made available 24 hours a day, 7 days a week, through the Laybuy App (see section 10.4 “Using the Laybuy Card”).
If You notice any error (or possible error) in any transaction or statement relating to Laybuy Card, then You must notify us 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.

10.13 Card Expiry

The Laybuy Card is valid until the expiry date shown on it unless it is cancelled before then. Your Laybuy Card cannot be used after expiry. You cannot access the Available Balance on the expired Laybuy Card unless a replacement Laybuy Card is issued to You.

We may issue You with a replacement Laybuy Card if requested by You at any time after expiry and provided You have registered Your details with us, including Your name and Australian address. We reserve the right not to issue a replacement Laybuy Card to You, in which case You will not be able to use the Laybuy Card as a means to access the Available Balance of Your Laybuy BNPL Product. In such circumstances, You should refer to the Laybuy BNPL Terms for information on how to access Your Available Balance.

10.14 Replacement Cards

If Your Laybuy Card is misused, lost or stolen, You should notify Laybuy in accordance with section 10.10 so that Your Laybuy Card can be cancelled.

You can request Laybuy to provide You with a replacement Laybuy Card.

A replacement Laybuy Card will be arranged after You notify us that Your Laybuy Card or Laybuy Card details are misused, lost or stolen in accordance with section 10.10 and the misused, lost or stolen Laybuy Card has been blocked. You will need to register and activate the new Laybuy Card in accordance with section 10.4 and add Your Tokenised Card to Your Device Wallet.

10.15 Card Revocation and Cancellation

You may ask for the Laybuy Card to be cancelled at any time. If You ask for the Laybuy Card to be cancelled, You must not use the cancelled Laybuy Card thereafter.

We may cancel Your Laybuy Card at any time. Where possible, we will give You 20 days’ advance notice of the cancellation. However, we may act without prior notice if:

we believe that use of the Laybuy Card may cause loss to You or to us; or
we believe that it is required for security purposes; or
You breach any material term or conditions, including these Terms and Conditions or the Laybuy BNPL Terms; or - we suspect the Laybuy Card, or the Available Balance, has been used illegally.

If we cancel Your Laybuy Card, we will give You notice as soon as reasonably practical afterwards.

We may revoke the Laybuy Card at any time without cause or notice. On the revocation or cancellation of the Laybuy Card, we will ensure that:

we are satisfied that there are no un-cancelled or unexpired authorisations or approvals on Your Laybuy Card; and
we are satisfied that there are no further amounts that we will be debiting, or that we anticipate debiting, against the Available Balance.

10.16 Liabilities and Disclaimers

Subject to any warranties implied by law that cannot be excluded, we are not responsible for, or liable for loss, damage, or interruption arising out of:

if, through no fault of our own, the Available Balance is not enough to cover a transaction;
if, through no fault of our own, a terminal or system does not work properly;
if circumstances beyond Laybuy’s control prevent a transaction, despite any reasonable precautions having been taken by us;
for any loss resulting from any failure due to events outside our reasonable control;
for any loss resulting from any system failure or industrial dispute outside our reasonable control;
for any industrial dispute;
for the way in which any merchant refuses to accept the Laybuy Card;
for any indirect, special or consequential losses;
for any infringement by You of any currency laws in the country where the Laybuy Card is issued or used;
for any dispute between You and the supplier of any goods or services purchased with the Laybuy Card;
for our taking any action required by any government, federal or state law or regulation or court order; or
for anything specifically excluded or limited elsewhere in these Terms and Conditions.

However:

Your liability for Unauthorised Transactions will be determined according to the ePayments Code; and
we will not avoid any obligation to You under the ePayments Code on the basis that another party to a shared electronic payments network (to which we are also a party) has caused the failure to meet the obligation.

Our liability in any event shall not exceed the amount of the Available Balance except in relation to:

Unauthorised Transactions; and
consequential losses arising from a malfunction of a system or equipment provided by any party to a shared electronic network (unless You should reasonably have been aware that the system or equipment was unavailable or malfunctioning, in which case our liability is limited to correcting any errors and refunding any fees or charges imposed on You).

Laybuy does not make or give any express or implied warranty or representation in connection with the Laybuy Card (including quality or standard or fitness for any purpose), other than as set out in these Terms of Use and the Laybuy BNPL Terms or when the warranty or representation is imposed or required by law and cannot be excluded.

Any failure or delay enforcing a term of these Terms and Conditions or the Laybuy BNPL Terms does not mean a waiver of them.

10.17 Anti-Money Laundering and Counter Terrorism Financing Obligations

Laybuy is subject to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and the rules and other subordinate instruments under the Act (AML/CTF Laws). Before the Laybuy Card can be used, Laybuy is obliged to collect certain identification information from You (and verify that information) in compliance with the AML/CTF Laws.

Customer identification information may include detailed 'know your customer' (KYC) information about the Cardholder such as:

full name, and
address, and
date of birth.

Laybuy may be prohibited from offering services or entering into or conducting transactions with You if You do not provide this information.

You should be aware that:

Laybuy is not required to take any action or perform any obligation under or in connection with the Laybuy Card if it is not satisfied as to Your identity, or where there are reasonable grounds to suspect that by doing so it may breach the AML/CTF Laws;
transactions may be delayed, blocked, frozen or refused where we have reasonable grounds to believe that they breach Australian law or sanctions (or the law or sanctions of another country). Where transactions are delayed, blocked, frozen or refused, Laybuy is not liable for any loss You suffer (including consequential loss) howsoever caused in connection with Your Laybuy Card;
Laybuy may from time to time require additional information from You to assist us in the above compliance process; and
where legally obliged to do so, we will disclose the information gathered to regulatory and/or law enforcement agencies, other banks, service providers or to other third parties.

You provide Laybuy with the following undertakings and indemnify Laybuy against any potential losses arising from any breach by You of such undertakings:

You will not initiate, engage or effect a transaction that may be a breach of Australian law or sanctions (or the law or sanctions of any other country); and
the underlying activity for which Your Laybuy Card is being provided does not breach any Australian law or sanctions (or the law or sanctions of any other country).

10.18 Privacy and Information Collection

Laybuy (in this Privacy Statement referred to as "we"), collects Your Personal Information so that we can establish and administer the Laybuy Card provided to You. We may also use Your Personal Information in accordance with Laybuy’s Privacy Policy located at https://www.laybuy.com/au/privacy and to: tell You about products and services offered by us or our affiliate companies (unless You tell us not to); and satisfy identification requirements under the Anti-Money Laundering & Counter-Terrorism Financing Act 2006 (Cth) and the Rules and other subordinate instruments under that Act and such information may be exchanged with verification agencies (which may be overseas).

We may also exchange information with Pays Providers:

to enable the use of the Laybuy Card with the Device Wallet and to improve and promote the Pays Providers generally; and
to detect and address suspected security breaches or fraud.

Without Your information, we cannot make the Laybuy Card available to You and You should not apply for the product.

If You provide us with Personal Information about someone else, You should ensure that You are authorised to do so and agree to inform that person of the contents of this notice.

Information will be disclosed to third parties about the Laybuy Card, or transactions made with the Laybuy Card, whenever allowed by law and when necessary:

for completing a transaction; or
in order to verify the existence and condition of a Laybuy Card; or
to utilise services of affiliates who assist in providing a Laybuy Card; or
if You give us permission; or
if You owe us money; or
if there are legal proceedings or a complaint in connection with the Laybuy Card; or
to protect against potential fraud and other crimes.

By applying for and using the Laybuy Card, You consent to us collecting, using and disclosing Your personal information under these terms and conditions in the manner described above.

Our Privacy Policies sets out how You can access and correct information we hold about You, how You can complain about a breach by us of Your privacy rights and how Your complaint will be handled. Our Privacy Policy is available at https://www.laybuy.com/au/privacy.

You may contact Laybuy’s Privacy Officer in relation to Your Personal Information (or to opt out of marketing) on [email protected] .

10.19 Communications

You agree that we may give written notices or other communications to You under or in connection with these Terms and Conditions (including information under the ePayments Code such as statements) by either:

sending the notice, information or communication using Electronic Communication; or
using Electronic Communication to notify You that the notice, information or communication is available from an electronic address (such as the Website).

You may vary Your nominated email address for Electronic Communication by notifying us through the Website and satisfying us of Your identity.

In addition, we may give You notices, information or other communications to You relating to the Laybuy Card by Electronic Communication to Your email address last known to us or which You last gave us for sending notices and communications to You or, if the notice or communication is not personal to You, by posting it to the Website.

10.20 Keeping your contact details up to date

You must notify us immediately of any change to Your address and other contract details by updating Your details through the Website. 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.

We 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.

10.21 Changes to these Terms and Conditions

Acting reasonably, we may change any term of the Terms of Use (including the Terms and Conditions) at any time without your consent, including:

to comply with any change or anticipated change in any relevant law, code of practice, guidance or general banking practice; or
to reflect any decision of a court, ombudsman or regulator;
to reflect a change in our systems or procedures, for security reasons; or
as a result of changed circumstances (including by adding benefits or new features); or
to respond proportionality to changes in the cost of providing the Laybuy Card; or to make them clearer.

Except in the case of changes to fees and charges or the introduction of a new fee or charge and any changes that are not materially adverse, we will notify You at least 20 days before any changes to these Terms and Conditions take effect.

If the change involves an increase to our fees and charges or the introduction of a new fee or charge, we will give You notice at least 30 days before the change takes effect.

We will notify You of the above changes to these Terms and Conditions by sending an individual notice to You (either by giving it to You or by electronic communication).

If a change to these Terms of Use is not materially adverse, we may update the information by making information about the change available on the Website. However, changes necessitated by an immediate need to restore or maintain the security of the system in which the Laybuy Card is used can be made subject to the law and the ePayments Code without prior notice.

10.22 The Website

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 agree that we are not responsible for temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labor disputes and armed conflicts.

10.23 Governing Law

Any legal questions concerning these Terms and Conditions, the agreement between You and us (which is governed by these Terms and Conditions) or the Laybuy Card will be decided under the laws of New South Wales, Australia. Any legal proceedings concerning these Terms and Conditions, the agreement between You and Laybuy (which is governed by these Terms and Conditions) or the Laybuy Card may be conducted in the courts at New South Wales, Australia.