The ANNA Card Agreement
Important information you need to know
Please read this Agreement carefully before you use the Card or any of our services. This information forms the Agreement between you and ANNA Money Solutions Pty Ltd (the card issuer) for the Card and for services that ANNA provides to you in connection with the Card. By confirming that you accept the terms of this Agreement, or by activating your Card and using our services, you accept this Agreement.
It is important that you read and agree to the terms of use of the Account and the terms of use of the Card as your agreement to those terms are required in order for ANNA to provide you the services described in this Agreement including any associated services that we may provide to you.
Your use of the Card is also conditional on your understanding and acceptance of the ANNA Platform terms and the Business Account terms.
If there is anything you do not understand, please contact Customer Services using the contact details in paragraph 18 of this Agreement before using the Card or any of our services.
Definitions and interpretation
3DS or 3DSecure – A security measure that allows a Cardholder to authenticate a high risk transaction, for instance by confirming a one-time password texted to their device or by similar means made available by ANNA.
Account – The electronic ANNA Money Business Account issued to the Account Owner by Hay Limited which is associated with your Card.
Account Details – Any details related to your Account, such as BSB and Account Number.
Account Owner – The entity legally responsible for, and to which Hay Limited has issued, an Account.
Card Sub-Limit – A subsidiary limit set by you within the ANNA App in relation to any one or more of the following: a Cardholder; Card usage; or the portion of the Available Balance that can be used by a Cardholder.
Agreement – This agreement as varied from time to time.
ANNA – ANNA Money Pty Ltd, a company registered in New South Wales, Australia with ACN 681 600 073 and whose registered office is at 212 Cumberland St, Sydney NSW 2000.
ANNA Money App – The application made available to you pursuant to the ANNA Platform Agreement by ANNA, as downloaded from the Website, Apple Store or Google Play App Store, as updated from time to time.
ATM - Automated Teller Machine.
Available Balance - The value of funds available on your Account to use at any point in time.
Business Days – A day, other than Saturday, Sunday or public holiday in NSW.
ANNA Money Solutions Pty Ltd - the issuer of the ANNA card, a company registered in New South Wales, Australia with ACN 654 770 199 and whose registered office is at 212 Cumberland St, Sydney NSW 2000.
Card - Any ANNA Card or Virtual Card associated with your Account.
Card Number - The 16-digit number on the front of your Card.
Cardholder - An employee or officer of the Institution to whom a Card is issued.
Contactless - A payment feature that provides Cardholders with a way to pay by tapping the Card on a point-of-sale terminal reader for transactions of up to $100 (as amended from time to time).
Force Majeure - Any event outside the reasonable control of the performing party that affects its ability to perform its obligations under this Agreement, including without limitation failure of internet connectivity, strikes, failure of utility supply, an act of God, fire, earthquake, war, revolution, act of terrorism, riot or civil commotion.
Full Deductible Amount - The full transaction amount, including the transaction itself along with any associated fees, charges and taxes.
Information - Any information provided to ANNA related to the Account Owner and any personal information (within the meaning of that term in the Privacy Act 1988 (Cth)) related to a representative of the Account Owner or a Cardholder.
Institution- A company incorporated and registered in Australia.
Mastercard Acceptance Mark - The Mastercard International Incorporated Brand Mark, indicating acceptance of the Card.
Mastercard - Mastercard International Incorporated whose head office is at 2000 Purchase Street, Purchase, New York, 10577 USA.
Merchant - A retailer, or any other person that accepts cards which display the Mastercard Acceptance Mark, other than those blocked by ANNA on the basis of its risk management policies.
Misconduct - includes the following:
PIN - A four-digit personal identification number for use with the Card by the Cardholder.
Prohibited Activity- A company incorporated and registered in Australia.
Prohibited Purpose- Any purpose set out at Appendix 2 to this Agreement.
Self Service Account Management Portal- An online portal that allows you to have access to your Account, and functions such as receiving support, submitting Information and forms and filing complaints.
Trusted Device- A device that has been registered and verified for Card usage using various security measures which may include One time password (OTP) delivered via SMS or calls, biometric authentication, and other verification processes. This device must have hardware encryption enabled, must not be jailbroken or use custom Android builds, and must be secured with biometric authentication and a unique device PIN distinct from the ANNA Money App PIN. A Trusted Device also includes any device where a Card has been added to Apple or Google Wallets. Such devices are treated as verified and authorised payment tools and transactions made with these cards are considered to meet the requirements of two-factor authentication (2FA).
Two-Factor Authentication (2FA) and Strong Customer Authentication (SCA) - Enhanced security processes used to verify the identity of the Cardholder during Account access or payment authorisation. These processes involve the use of two or more authentication factors, such as something the customer knows (e.g., password or PIN), something the customer has (e.g., a card or Trusted Device), and something the customer is (e.g., biometric data).
Virtual Card- When this feature is available, this means an ANNA Card provided in electronic form, such as in picture format. It has the same features as the physical ANNA Card except for any activities which may require a physical Card. For example, ATM withdrawals or PIN changes using an ATM will not be available with a Virtual Card.
we, us or our - ANNA Money Solutions Pty Ltd, or ANNA Money Pty Ltd acting on its behalf.
Website- www.annamoney.au
you, your- The Account Owner.
In this Agreement, unless the context requires otherwise:
the words "including", "include", "for example", "in particular" and words of similar effect shall not be deemed to limit the general effect of the words which precede them and "including", "include" and "for example" shall be deemed to have the words "but not limited to" following them.
1. Account settings
Your Account and ANNA Money App provide information about your Available Balance and Card Sub-Limits. If you require changes, you may request an Account review by contacting Customer Services. You may also set Card Sub-Limits in relation to one or more Cardholders, provided that the total spend across all Cardholders is not more than the Available Balance.
1.1 You may set Account access privileges and available functionalities and features for each Cardholder.
1.2 Depending on the settings under paragraph 1.2, each Cardholder may be able to restrict certain functions associated with the Card, such as ATM withdrawals.
2. Scope of this Agreement
2.1 Your Card is a credit card which is issued by ANNA Money Solutions Pty Ltd and is administered by ANNA Money pursuant to a licence from Mastercard. A third party payment processing service provider, Thredd (Australia) Pty Ltd ACN 637 959 990, provides services to us in connection with the Card. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. Mastercard is a registered trade mark of Mastercard International Incorporated. Your rights and obligations relating to the use of this Card are subject to this Agreement between you and us; you have no rights against Mastercard or its respective affiliates. If you experience any difficulties in using the Card you should contact Customer Services in any of the ways set out at paragraph 18.
2.2 The Card remains our property.
2.3 This Agreement is written and available only in English and we undertake to communicate with you in English regarding any aspect of your Card or Account.
2.4 You agree that we may communicate with you by e-mail, SMS, phone, secure social media messages or via the ANNA Money App for the purpose of issuing any notices or information about your Account or Card and therefore it is important that you ensure you keep your e-mail address, mobile phone number and other contact details updated via the ANNA Money App as we may need to contact you in the circumstances detailed in paragraph 8.9 or in an emergency.
3. Applying for and registering your account
3.1 To apply for a Card you must meet the minimum eligibility criteria that your business is a Pty Ltd company.
3.2 The Account Owner must be incorporated and registered in Australia.
3.3 Representations
(a) In applying for a Card, you represent and warrant to us that you have all the required permissions and approvals in place in order to:
(i) enter into and comply with this Agreement; and
(ii) transfer to us the personal information associated with the use of the Card, including information about Cardholders.
(b) In applying for a Card, you represent and warrant to us that your Institution is in full compliance with the requirements of applicable tax legislation and that each Cardholder is at least 18 years old and a permanent resident or a citizen of Australia.
(c) You represent and warrant that you are authorised to provide and will provide all information to us that we may require in connection with your Account and your Card and to allow us to identify or authenticate the identity of you, your officers and employees, ultimate beneficial owners (as appropriate), and any Cardholders and validate your funding sources.
4. Receiving and activating a card
4.1 You can request that additional Cardholders are issued with a Card subject to your billing plan. Each Card will be posted to the Account Owner's registered office. Once available, a Virtual Card will be delivered through the ANNA Money App.
4.2 When the Card is received, it must be activated via the ANNA Money App.
4.3 Once the Card has been activated, the ANNA Money App will give the Cardholder the option to reveal the PIN. The PIN should never be revealed to anybody other than the Cardholder. We will not reveal the PIN to a third party.
4.4 The PIN can be changed through the ANNA App. When selecting or changing the PIN, the Cardholder must not select a PIN that may be easily guessed, such as a number that:
(a) is easily associated with the Cardholder, such as a telephone number or birth date;
(b) is part of data imprinted on the Card;
(c) consists of the same digits or a sequence of running digits; or
(d) is identical to a previously selected PIN.
4.5 You are responsible for all the Cards issued and the use of your Account by all Cardholders under this Agreement and any fees or charges that these Cards may incur. You will ensure that each Cardholder uses their Card in accordance with this Agreement. You must provide a copy of this Agreement to each Cardholder before their first use of a Card and you must keep each Cardholder informed of any variations to this Agreement.
5. Using the Card
5.1 The Card must only be used for business purposes and must not be used for any transactions which are wholly or partly for personal, domestic or household use.
5.2 Subject to Mastercard's terms of use, the Card can be used at any Merchant to make purchases in-store, via the internet or over the phone and can be used to obtain cash through ATMs (fees may apply; see the fee schedule in the ANNA Money App and the Website). Each transaction will need to be authorised by the Cardholder. We will treat the transactions as authorised and genuine if:
(a) the Card is tapped against a Contactless enabled reader and accepted by such reader;
(b) the Card PIN or other security code personal to the Cardholder is used and, where prompted by ANNA, authenticated by the Cardholder through 3DS; or
(c) the Card is used and the Cardholder has authorised the transaction by signature of the receipt.
5.3 The Card is a credit card. The Available Balance will be reduced by the full amount of each transaction and authorisation, plus any applicable taxes and charges, including additional ATM charges, if any. The Cardholder must not use the Card if the Full Deductible Amount exceeds the Available Balance or any applicable Card Sub-Limit.
5.4 Due to security safeguards, Merchants that accept the Card are required to seek authorisation from us for all of the transactions that are made by the Cardholder. There are some circumstances where Merchants may require the Cardholder to have an Available Balance greater than the value of the intended transaction. The Cardholder will only be charged for the actual and final value of the transaction they make. Merchants request this as they may need to access more funds than the Cardholder initially planned to spend. For example:
(a) hotels, rental cars, and
(b) internet Merchants – certain internet Merchant sites will, on registration or at checkout stage, send a request for payment authorisation to verify if funds are available. This will temporarily impact the Available Balance. Please bear in mind that many sites will not deduct payment until goods are dispatched so please be aware of this when checking the Available Balance to make sure sufficient funds are available to cover all purchases. For card-based payment transactions where you do not know the exact amount of the payment transaction at the time you authorise it, we will not block funds on your Card unless you authorise the exact amount to be blocked. This could be the case for payments you make at hotels for example. We will release any blocked funds without undue delay as soon as we are aware of the exact amount of the payment transaction and immediately after receipt of the relevant payment order.
5.5 The Card can be used in situations where it is not possible to obtain online authorisation up to a limit that is set for the Card by us. This includes transactions on trains, ships, and some inflight purchases. You must consider these offline authorised transactions when reviewing and calculating your Available Balance.
5.6 The Card must not be used as a form of identification.
5.7 The Card must not be used for any Prohibited Activity or Prohibited Purpose.
5.8 We may ask you to surrender any Cards or suspend any Virtual Cards at any time for a valid reason in accordance with the provisions in paragraph 13 of this Agreement.
5.9 If a Merchant agrees to give a refund for a purchase made using the Card, the funds will be added to the Available Balance of the Account when we receive the funds from the Merchant, provided that any refunds to the Card will only be permitted in respect of purchases made with the Card.
5.10 The Card can be used to make transactions in a currency other than Australian dollars (“foreign currency transaction”). The amount of each foreign currency transaction will be converted to Australian dollars on the day we receive details of that foreign currency transaction. We will use a rate set by Mastercard, which will be available on each Business Day and changes in the exchange rate will take effect immediately. Exchange rates can fluctuate and they may change between the time a transaction is made and the time it is applied against your Card Sub-Limits. You can find out the exchange rate applied to a transaction in your transaction history. We may charge an additional 1% foreign transaction fee for foreign currency transactions and details of any such fees are available in the ANNA Money App.
5.11 If a refund is given to you, in accordance with paragraph 5.9, of a foreign currency transaction, or you are credited for any other reason in a currency other than Australian dollars, the amount credited to you will be converted from the currency of the transaction to Australian dollars on the day we receive the funds from the retailer, who has agreed to the refund, or from the sender of the money. The amount credited to your will be calculated in accordance with the exchange rate set by Mastercard and applicable on that day.
5.12 If a transaction is cancelled after the relevant Payment Instruction has been made but before the funds are applied against your Card Sub-Limits, your Card Sub-Limits may not be updated until the Merchant confirms the cancellation of the Payment Instruction, which could be up to 30 Business Days. We may make the funds available earlier if you contact us and provide evidence of the cancelled transaction.
5.13 The expiry date of the Card is printed on the front of the Card. The Cardholder will not be able to use their Card once it expires. We may send the Cardholder a replacement Card or renew a Virtual Card if requested by the Cardholder (fees may apply, see paragraph 10).
5.14 You must keep secure at all times and not share or let anyone access your Card, Account details, Account security information, your device that was used to access your Account or other information that could be used to make a transaction or otherwise exploit your Account.
5.15 To protect you and others, we will monitor your Account for fraud, money laundering, criminal use, Prohibited Activity, Prohibited Purpose and activities giving rise to a security concern.
5.16 It is the Cardholder's responsibility to check there is sufficient Available Balance before any payment is made using the Card.
5.17 We will treat a payment as authorised by you and genuine if:
(a) the transaction was authorised from the ANNA Money App, and, where prompted by ANNA, authenticated by the Cardholder through 3DS; or
(b) an Automatic Payment was set up.
5.18 A payment including any Automatic Payment will not be sent out if:
(a) the Cardholder authorising the Payment Instruction has reached any Card ;
(b) the Cardholders have collectively reached the Available Balance even if not all Card Sub-Limits have been reached;
(c) upon being prompted by ANNA, the Cardholder has failed to authenticate the payment or Payment Instruction through 3DS;
(d) we suspect the payment instruction is connected with a Prohibited Activity or Prohibited Purpose; or
(e) the Merchant declined the payment for its own compliance reasons which may be unknown to us.
5.19 You authorise us to make automatic deductions from your Account to reimburse us and our partners (see 2.1) for the Full Deductible Amount of your Card transactions, without prior notice to you. We may make these deductions as frequently as we determine, including daily or more frequently than daily.
5.20 You may be liable for late fees as specified in the app if your Available Balance is less than the Full Deductible Amount of your Card transactions at the time we attempt to deduct the Full Deductible Amount from your Account.
6. Checking account balance and access to your Account
6.1 You can check the Available Balance and transaction history on the Account via the ANNA Money App.
6.2 A Cardholder can check the Available Balance through the ANNA Money App. You may limit a Cardholder’s ability to see the Available Balance such that the Cardholder may only see the amount remaining in relation to the Account Sub-Limit for that Cardholder, rather than the overall Available Balance; and/or that the Cardholder may only see the history of their own transactions, rather than all transactions on the Account.
6.3 We will make your monthly Account statements available in the statement section of the ANNA Money App and we will notify you of this monthly in the ANNA Money App or via email.
6.4 You must ensure that each Cardholder is aware that their transactions may be reviewed by others.
7. Cancelling Cards
7.1 You may cancel any Cards before activating them, and up to 14 calendar days after the date of activation ("cancellation period") by messaging Customer Services through the ANNA Money App.
7.2 You will ensure that each Cardholder is aware that their Card will be blocked and access to the Account through the ANNA Money App will cease upon cancellation of a Card
8. Your liability and authorisations
8.1 You are responsible for the use of your Account and any Cards issued for your Account. You must ensure that all Cardholders Users understand and comply with this Agreement.
8.2 We may restrict or refuse to authorise any use of your Account and any Cards issued to your Account including transactions in any legal jurisdiction if using the Card or Account is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you, a Cardholder or a third party has committed or is about to commit a crime or other abuse in connection with the Card or Account.
8.3 Where appropriate, any refusal to authorise a Card transaction will be relayed to the Cardholder via the Merchant concerned.
8.4 You will be liable for all unauthorised transactions that arise from the use of a lost or stolen or otherwise accessed or misappropriated Card or Account security information or the device used to access the Account if you or any Cardholder fails to:
(a) keep the Card and/or security features of the Card, Account, Account security information or device used to access the Account safe, or
(b) notify us that the Card is lost or stolen, or that the image of a Virtual Card has been copied, or that the Account security information or your device have been otherwise accessed or misappropriated.
8.5 You must ensure the Cardholder and/or any representative of the Account Owner does not:
(a) allow another person to use a Card, PIN or security information related to the Account;
(b) write down password(s), PIN or any security information or copy a Virtual Card unless this is done in a way that would make it impossible for anyone else to recognise any of that information;
(c) disclose their PIN or any security information, or a copy of the Virtual Card or otherwise make them available to any other person, whether orally or by entering them in a way that allows them to be observed by others;
(d) enter the PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached or is operating in a suspicious manner; and
(e) you must ensure that each Account User does not disclose any security information, or otherwise make them available to any other person, whether orally or by entering them in a way that allows them to be observed by others.
8.6 You will be responsible for all transactions which you or any Cardholder authorises, whatever the manner of such authorisation.
8.7 You will be liable for all unauthorised transactions that arise from the use of a lost or stolen or otherwise accessed or misappropriated Card or Account security information or the device used to access the Account if you or any Cardholder fails to:
(a) keep the Card and/or security features of the Card, Account, Account - security information or device used to access the Account safe, or
(b) notify us that the Card is lost or stolen, or that the image of a Virtual Card has been copied, or that the Account security information or your device have been otherwise accessed or misappropriated.
8.8 It is your responsibility to keep us updated of changes to the Information, including e-mail address and mobile numbers. Failure to do so may result in us being unable to contact you regarding your Account, including the provision of refunds to which you might be entitled or to let you know about changes to this Agreement or to authenticate payments or Payment Instructions through 3DS.
8.9 You agree to indemnify and hold harmless, us and our distributors, partners, agents, sponsors, and service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or use of the Card, Account, ANNA Money App log in details, or PIN by or authorised by either you or any Cardholder, which is in connection with a Prohibited Activity or Prohibited Purpose.
9. Lost, stolen or damaged cards
9.1 In the event of loss, theft, fraud or any other risk of an unauthorised use of the Card, or if the Card is damaged or malfunctions, you must ensure that the Cardholder:
(a) uses the ANNA Money App immediately to either report the Card as lost, stolen or copied and block it through the customer care chat or blocks the Card by using the ‘Block Card’ button in the ANNA Money App; or
(b) if the Cardholder cannot access the ANNA Money App, they contact Customer Services at support@annamoney.au so that we can block the Card, Account and PIN.
9.2 In the event that the Cardholder either blocks their Card or notifies us in accordance with this Agreement that a Card has been lost or stolen you will be liable for any loss that takes place prior to us being notified. You will not be liable for any losses which occur on your Card after you have informed us that it has been lost or stolen. If you are due a refund for an unauthorised transaction, we will endeavour that you receive this no later than the end of the next business day.
9.3 Provided that the Cardholder has followed one of the steps in accordance with paragraph 9.1 and that paragraph 9.4 does not apply, then you will not be liable for losses that take place following the date on which the Cardholder blocked the Card or informed Customer Services. If there is an Available Balance remaining on your Account, the Cardholder can request for a replacement Card for your Account via the ANNA Money App. If we replace the Card, the Card will be delivered to the Account Owner’s registered office and a Virtual Card will be delivered through the App (fees may apply, see paragraph 10).
9.4 In the event that we have reason to believe that either you or the Cardholder have acted in connection with a Prohibited Activity or Prohibited Purpose, or have engaged in Misconduct or have intentionally failed to notify us of the lost, stolen or copied Card or the Cardholder has failed to keep their Card or security information related to the Account safe or you or the Cardholder have breached this Agreement then you will be liable for all losses.
10. Fees
10.1 There is no upfront fee for the issuance of a Card. Usage of the Card is subject to the fees set out in the fee schedule in the ANNA Money App and on the Website.
10.2 You must pay (and we will debit your Account with) all purchases, interest charges, government charges, taxes, our fees and charges payable in connection with the Card and our reasonable expenses for enforcing the terms of this Agreement.
11. Disputes and incorrect transactions
11.1 If you have a reason to believe that a transaction (whether a normal payment or an Automatic Payment) on your Account was not authorised by either you or a Cardholder, or was made incorrectly, you must inform us immediately via the ANNA Money App, but in any event within thirteen months of the date of the relevant transaction. If you tell us about an incorrect payment more than thirteen months after it was made, we won’t give you a refund but we will try and trace it for you. We may charge you a reasonable fee to cover our costs in doing this.
11.2 If you dispute a Card transaction:
(a) the Merchant must be able to prove that the transaction took place;
(b) subject to paragraph 11.2(c) below, we will no later than the end of the next Business Day after you notify us refund the amount to your Account to restore it to the position it would have been in if the unauthorised transaction had not taken place. We will have no further liability to you. You will be required to complete and return to us a ‘Disputed Transactions’ form within ten Business Days of our request. We may also request you to provide any additional information about the relevant transaction. If we subsequently discover that you were not entitled to a refund, we will treat the refund as a mistake and be entitled to reapply the transaction, including any charges to your Account. Fees apply; see the fee schedule in the ANNA App and the Website; and
(c) if there are reasonable grounds for thinking that you may not be entitled to a refund (based on the evidence available to us at the time you report the unauthorised transaction), we may investigate before giving you a refund and we will not be obliged to give you a refund if we have reasonable grounds to believe that you are not entitled to a refund.
11.3 Subject to paragraph 11.4, if you tell us that a transaction has been made incorrectly, after we are informed, we will:
(a) In the case of an outbound payment, immediately refund your Account with sufficient funds including any charges to restore your Account to the same position as if the incorrect transaction had not been made;
(b) if you ask us to, make reasonable efforts to trace the incorrect payment and notify you of the results.
11.4 The actions listed in paragraph 11.3 are at our absolute discretion and we are not responsible for an incorrect transaction on your Account where you fail to tell us of the incorrect transaction without undue delay and in any case within thirteen months of the date on which the transaction occurred, or the cause of the incorrect transaction is because you gave us the wrong or insufficient Payment Details for us to make the transaction.
11.5 You will be liable for all transactions made from your Account(s):
(a) if you or any Cardholder have acted in connection with a Prohibited Activity or Prohibited Purpose; or
(b) if the transaction was made because the Cardholder engaged in Misconduct or otherwise deliberately failed to keep their Card or Card details secure or their PIN or other security information related to the Account secret or otherwise shared, made available or failed to prevent access to the Card, Account, security information or device used to access the Account.
11.6 Where you or the Cardholder have agreed that another person can take a payment (Card or Direct Debit) from your Account (for example, if the Cardholder has given their Card details to a Merchant for the purpose of making a payment), you can ask us to refund a payment if all of the following conditions are satisfied:
(a) the authorisation given did not specify the exact amount to be paid;
(b) the amount that has been charged to your Account was more than you or the Cardholder could reasonably have expected to pay, based on the circumstances, including previous spending patterns; and
(c) you make the refund request within eight weeks of the date when the payment was taken from your Account.
11.7 We may ask you to provide information as is reasonably necessary to verify that conditions in paragraphs 11.6 (a) – 11.6 (c) apply.
11.8 If you ask us to make a refund under paragraph 11.6 then, within ten Business Days of the date we receive your request (or if we ask for more information under paragraph 11.7, within ten Business Days of the date we receive that information) we will either:
(a) refund the payment in full; or
(b) tell you the reasons why we do not agree to the refund.
11.9 You will not be entitled to a refund under paragraph 11.6 if:
(a) if the payment in question was higher than you reasonably expected to pay due to a change in currency exchange rates; or
(b) if you or a Cardholder have given us your consent for the payment to be made and, where applicable, we (or the person or a Merchant you agreed to pay) have given you information on the payment in question at least four weeks before the due date of the payment.
12. Variation
12.1 Subject to the other provisions in this paragraph 12, we may change this Agreement, including fees and limits, by providing you with at least two months' prior notice by e-mail (using the latest e-mail address you have provided to us) and will ensure the most recent version is always available in the Settings menu in the ANNA Money App and on the website.
12.2 If you do not agree with the changes to the Agreement, you may at any time within the two month notice period terminate your Agreement and cancel your Card in accordance with paragraph 7 at that time without a charge. However, in the event you do not cancel during this period then you will be deemed to have accepted them and the changes will apply to you from the end of the two month notice period.
12.3 Where an amendment to this Agreement is required by law or relates to the addition of a new service, additional functionality for the Account or any other change that neither reduces your rights nor increases your responsibilities, the amendment may be made with ten days prior notice by email. In the event that you do not cancel during this period then you will be deemed to have accepted the amendment and the changes will apply to you from the end of the ten day period.
13. Termination or suspension
13.1 In addition to the rights set out elsewhere in this Agreement, we can terminate this Agreement at any time:
(a) if we give you two months’ notice and refund the Available Balance to you without charge, or
(b) with immediate effect and without any prior notice if you, any Cardholder or Account User have breached this Agreement, or if we believe that you or any Cardholder or Account User have used, or intend to use the Card or Account for a Prohibited Activity or Prohibited Purpose, in a grossly negligent manner or for other unlawful purposes, or if we can no longer process your transactions due to the actions of third parties, or if we are unable to verify your identity or otherwise unable to apply our customer due diligence measures to you.
13.2 We can suspend or terminate any Cards and Account Details at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you if:
(a) we discover any of the Information that the Applicant provided to us when applied for your Account was incorrect or that you failed to notify us of changes that render the Information incorrect; or
(b) a transaction has been declined because of a lack of Available Balance; or
(c) if we suspect unauthorised use of the Card or Account, or use in connection with fraud, money laundering, criminal use, a Prohibited Activity or Prohibited Purpose or if we suspect an activity giving rise to a significant security concern; or
(d) if we suspect that any payment is made or received in breach of this Agreement;
(e) if you have exhausted your Available Balance; or
(f) you have breached this Agreement or we believe that you, or any Cardholder or Account User have used, or intend to use the Card or Account or the ANNA Money App Password or Passcode for a Prohibited Activity or Prohibited Purpose, or engaged in Misconduct or used a Card for other unlawful purposes, or if we cannot process any transactions due to the actions of third parties.
14. Our liability
14.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence, breach of statutory duty or otherwise) is subject to the following exclusions and limitations:
(a) we will not be liable for any default resulting directly or indirectly from any cause beyond our control, including a lack of funds and/or failure of network services at ATMs or through the ANNA Money App, maximum withdrawal limits set by ATM operators, payments declined by a Merchant, and failure of data processing systems;
(b) we will not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
(c) we will not be liable for any loss or damage caused by your act or omission, such as making available access to your Card, Account, security information or device used to access your Account;
(d) we will not be liable for any loss or damage caused by your use of functionalities, features or services provided by third parties;
(e) where the Card is faulty due to our default, our liability will be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
(f) where sums are incorrectly deducted from your Available Balance due to our default, our liability will be limited to payment to you of an equivalent amount;
(g) in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability will be as set out in paragraph 14; and
(h) in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
14.2 Nothing in this Agreement will exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
14.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
14.4 The above exclusions and limitations set out in this paragraph will apply to any liability of our affiliates, and other suppliers, contractors, agents and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
15. Your information
We may at any time confidentially verify the information you provide us or we obtain ourselves on you, your officers and employees, ultimate beneficial owners (as appropriate), and any Cardholders through third parties from secure databases. Some of the searches which we or a third party may perform, such as a credit check, will leave a soft footprint on the relevant individual’s credit history. This will not affect the individual’s credit rating. By entering into these terms and conditions, you confirm that you, your officers and employees, ultimate beneficial owners (as appropriate), and any Cardholders consent to us or a third party on our behalf carrying out such verifications.
16. Complaints procedure
16.1 Complaints regarding any element of the service provided by us can be sent to Customer Services via instant messaging through the ANNA Money App.
16.2 All complaints will be subject to our complaints procedure, according to which we will try to resolve any complaints you have about the service we provide within thirty business days of receiving your complaint, or in exceptional circumstances, within forty five business days of receiving your complaint. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted to you.
17. General
17.1 Any delay or failure to exercise any right or remedy under this Agreement by us will not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
17.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
17.3 You may not assign or transfer any of your rights or benefits under this Agreement and you will be the sole party to the contract between us. You will remain liable until all Accounts issued to you are terminated and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
17.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement save that Mastercard and their respective affiliates may enforce any provision of this Agreement which confers a benefit or a right upon them and a person specified in paragraph 14.4 may enforce paragraph 14.
17.5 This Agreement is governed by New South Wales law and you agree to the exclusive jurisdiction of the courts of New South Wales and Australia.
17.6 If a party performing an obligation under this Agreement (“Performing Party”) is affected by Force Majeure it must notify the other party as soon as possible (the “Non-Performing Party”) in writing of the matters constituting the Force Majeure. The Performing Party affected by Force Majeure must take all reasonable steps available to it to minimise the effects of Force Majeure on the performance of its obligations under this Agreement. The Performing Party will not be in breach of this Agreement or otherwise liable to the Non-Performing Party, by reason of any delay in performance, or non-performance of any of its obligations due to the Force Majeure. If the Force Majeure continues for longer than twenty one days, either party may, at any time while such Force Majeure continues, by notice in writing to the other party, terminate (without liability) this Agreement.
18. Contacting customer services
18.1 If you have a query regarding your Account, you can send us an instant message via the ANNA Money App.
18.2 Lost, damaged, stolen or copied Cards can be reported via the ANNA Money App, or if the app is not accessible, via support@annamoney.au.
Appendix 1 – Prohibited Activity
Each of the following is a Prohibited Activity
Appendix 2 – Prohibited Purpose
Each of the following is a Prohibited Purpose
