Laybuy Card Terms and Conditions

Last Update: Updated 7 December 2020

1. Introduction

   1. When these terms apply: These Laybuy Card Terms of Use supplement and form part of the “Laybuy BNPL Terms” (located at https://www.laybuy.com/nz/consumer-terms) and apply if you apply for, and are issued, a Laybuy Card. References to Merchants in these Laybuy Card Terms of Use include Merchants (as defined in the Laybuy BNPL Terms) and any other retailer that accepts Mastercard (subject to clause 3.5).
   2. Agreement: Please read the Laybuy BNPL Terms and these Laybuy Card Terms of Use carefully. By using a Laybuy Card, you acknowledge that you have read, and agree to comply with, these Laybuy Card Terms of Use and the Laybuy BNPL Terms. If you do not wish to be bound by these Laybuy Card Terms of Use, do not apply for a Laybuy Card.

2. How Laybuy Card Works

   1. Applying for a Laybuy Card: You can apply for a Laybuy Card through our mobile app. When you apply for a Laybuy Card you must supply all of the information required by us (including information required to enable us to comply with our legal obligations and to determine your tax status, if necessary). We reserve the right to decline an application for a Laybuy Card at any time for any reason.
   2. No top up: You cannot currently top up your Laybuy Card. Your limit for purchases at Merchants is the same as your account limit decided by Laybuy in accordance with the Laybuy BNPL Terms. For purchases at other merchants your limit will be the same as the limit on the account that you have nominated (in accordance with the Laybuy BNPL Terms) to charge all amounts owning to Laybuy in connection with any product or service you purchase using your Laybuy Card.
   3. Transactions must be authorised: Each transaction using your Laybuy Card will require instruction and authorisation by you before completion using the Platform or your Laybuy Card. A transaction cannot be stopped once you authorise and instruct the use of your Laybuy Card. You cannot dispute a transaction if you change your mind about a purchase, make a mistake in a purchase, or have a dispute with the Merchant about the quality, non-delivery or late delivery of the relevant Products or Services.
   4. Restrictions on use: You must not:
      1. Use your Laybuy Card:
         1. to purchase financial products; or
         2. for any unlawful activity.
   5. Disputing transactions: If you notice any error in any transaction listed on the Platform then you must notify us as soon as possible, and in any case within 30 days of the date on which the transaction occurred. If you don’t report it within this timeframe we cannot reverse the purchase, meaning you will have to pay for it. We may ask you to provide additional information concerning any error and you must comply with that request.
   6. Closing your Laybuy Card: You may close your Laybuy Card at any time by emailing [email protected].
   7. We may cancel your Laybuy Card: We will cancel your Laybuy Card if your access to the Platform is terminated.
   8. You must comply with the law: You must comply with all laws and regulations in respect of your Laybuy Card and we may suspend your Laybuy Card or end these Laybuy Card Terms of Use if you attempt to use your Laybuy Card in violation of such laws and regulations. We may block the use of your Laybuy Card where required by law or where subject to any applicable sanctions. You acknowledge that we may be required by law to block access to your Laybuy Card and immediately refuse to process or complete any transaction or suspend or terminate our arrangements with you. You agree that under these circumstances we are under no liability to you.
   9. We can delay, block or refuse a transaction: You agree that we may delay, block or refuse to process any transaction without incurring any liability if we suspect that the transaction:
      1. may breach any laws or regulations in New Zealand or in any other country;
      2. involves any person (natural, corporate or governmental) that is sanctioned or is connected, directly or indirectly, to any person that is sanctioned under economic and trade sanctions imposed by the United States Office of Foreign Assets Control, United Nations, the European Union, Australia autonomous sanctions, New Zealand police or any country; or
      3. may directly or indirectly involve the proceeds of, or be applied for the purposes of, any unlawful conduct.

3. Using Your Laybuy Card

   1. Signature: If you are provided with a physical Laybuy Card, you must sign it immediately with your usual signature in the space provided on the back of your Laybuy Card. You must not use your Laybuy Card before you have signed it.
   2. Activation: Your card must be activated and you must set a personal identification number (“PIN”) before you can use it. You can do this through our mobile app.
   3. Use: Your Laybuy Card may be used to purchase Products and Services wherever Mastercard is accepted, subject to clause 3.5 below. Point of sale terminals are not owned or operated by us or Mastercard and neither we nor Mastercard are responsible for ensuring that all Merchants accept Mastercard. If a Merchant has not been approved by us to offer payment using your BNPL Account, the full amount of the transaction value will be deducted underlying funding mechanism linked to your Laybuy account.
   4. Authorisation: Each time any transaction is initiated or instruction is given through the use of your Laybuy Card and PIN, we will act on the transaction initiated or instruction given to us, whether or not you authorised the transaction or instruction. We need not, and will not, make any further enquiries to verify a transaction or instruction and will assume that you gave it to us.
   5. Limits on use: You cannot use your Laybuy Card:
      1. to withdraw cash from an ATM;
      2. to make a purchase using a manual imprinter; and /or
      3. at certain Merchants or other merchants that Laybuy from time to time (in its sole discretion) considers high risk, such as money transfer, betting, or some financial institutions.
   6. Security precautions: You must make sure that you keep your Laybuy Card, your PIN and the information given by you in connection with your Laybuy Card safe and secure by:
      1. choosing a PIN that cannot be easily guessed or discovered;
      2. not writing your PIN anywhere or recording your PIN anywhere that it may be accessed by other people;
      3. taking extra care when keying in your PIN to make sure that no-one else can see it;
      4. A promptly changing your PIN as soon as you discover that another person knows (or might know) your PIN;
      5. never allowing anyone else to use your Laybuy Card or leaving your Laybuy Card unattended;
      6. not unnecessarily disclosing your Laybuy Card number;
      7. not interfering with any magnetic stripe or integrated circuit on your Laybuy Card; and
      8. complying with any instructions we give you about keeping your Laybuy Card safe and secure.
   7. What to do if you Laybuy Card is lost or stolen: If you know or have reason to suspect that:
      1. your Laybuy Card is lost, stolen or damaged;
      2. your PIN, security details or the details on your Laybuy Card might have been disclosed to an unauthorised party; or
      3. your Laybuy Card is likely to be misused, you must immediately place a block on your Laybuy Card using our mobile app and notify us using the details set out on our website.
   8. What we will do if your Laybuy Card is lost or stolen: If you tell us your Laybuy Card has been or may be lost, stolen, damaged or misused we will suspend your Laybuy Card to restrict further use. We may ask you to confirm details of the loss, theft, damage or misuse in writing (and provide other particular information) and you must comply with that request. You must also assist us and the police in any enquiries and attempts to recover a lost or stolen Laybuy Card. You must destroy any damaged Laybuy Card. If any lost Laybuy Card is subsequently found it must not be used unless we confirm it may be used.
   9. Expiry: Your Laybuy Card will expire 3 years from the date it is activated. You must not use any expired Laybuy Card. We may automatically issue or send you a replacement Laybuy Card when your Laybuy Card expires, or you may need to apply for a replacement Laybuy Card.
   10. PIN: Your Laybuy Card will be disabled if an incorrect PIN is entered three consecutive times or if we otherwise consider it prudent to be disabled for security reasons. If you forget your PIN, you can change your PIN through our mobile app by following the prompts and answering the security questions you supplied on your application.
   11. Ownership: Your Laybuy Card is our property. You must return your Laybuy Card to us or destroy your card if asked to do so by us.
   12. Cancellation of your Laybuy Card:
       1. You can ask us to cancel your Laybuy Card at any time. You can do this by emailing [email protected].
       2. We may suspend or cancel your Laybuy Card with or without notice if we think there is a good reason to do so. For example, where:
          1. you have misused, or may misuse, your Laybuy Card;
          2. we consider that you have breached, or may breach, the Terms and Conditions;
          3. we suspect that your Laybuy Card has been used to facilitate a criminal offence;
          4. you provided us with false, inaccurate or incomplete information when your applied for your Laybuy Card; or
          5. your BNPL Account are closed.
       3. We will give you notice as soon as reasonably practicable after cancelling or suspending your Laybuy Card, unless prohibited by law. Where we have suspended your Laybuy Card, we will lift the suspension if and when the matter has been resolved to our reasonable satisfaction, but until then we may choose to cancel the Laybuy Card at any time.
   13. Mass cancellation: We can also cancel your Laybuy Card as part of a general withdrawal from the market. In such cases we will give you at least 5 days’ notice before cancelling your Laybuy Card unless we are prevented from doing so by law.
   14. Our fees: We will not charge you any fees for services we provide in relation to your Laybuy Card although we may pass on our out-of-pocket expenses incurred in relation to the funding, issuance and replacement of Laybuy Cards.
   15. Third party fees: Banks, financial institutions and Merchants and other retailers may charge you fees for using EFTPOS terminals or other payments services using your Laybuy Card. You are responsible for checking what third party fees apply before using your Laybuy Card. We are not responsible for any of these fees.