Terms & Conditions

Gopher Gift Card by Mastercard

Terms and Conditions

It’s important you read this document carefully.

These terms and conditions set out the terms and conditions for your Gopher Gift Card by Mastercard (“Card”). The Card is issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 pursuant to license by Mastercard Asia/Pacific Pte. Ltd. (‘Issuer’). TechEngin Pty Ltd (ACN 626 018 246) is the distributor of the Card and is responsible for providing various cardholder services (“Distributor”). In these terms and conditions any reference to ‘we’ or ‘us’ is a reference to the Issuer or the Distributor, as relevant; ‘you’ are the Card purchaser or user of the Card; and a ‘Device’ means a mobile or wearable device that allows you to store or otherwise add a Card to the Device.

Accepting the Card and agreeing to these Conditions of Use

  1. By activating, loading the Card into your digital wallet on your Device or using the Card, you agree to be bound by these terms and conditions. The Card must be activated in accordance with our instructions before use.
  2. You must give these terms and conditions to the user of the Card if it is not you. The Card remains our property. Once a Card has been activated neither it, nor the contract between you and us is transferable by you. The Card may only be used by the person who has activated it. We may transfer this contract to someone else.

How and where you can use the Card

  1. The Card is a Mastercard Prepaid gift card that can be used for purchasing goods and services where Mastercard Prepaid gift cards are accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions).
  2. Upon purchase of the Card, Cardholders must provide their mobile number and email address.
  3. To initiate the activation process for your Card, cardholders must email customer support at sales@gophergiftcards.com.au. Within 48 hours of receipt of your email activation request we will email you with activation instructions and an activation code.
  4. To activate your Card, cardholders must download the INC.C app and enter the unique activation code provided via our activation instruction email. Cardholders will then be prompted to set up their PIN and asked to read and accept these Terms and Conditions.
  5. The Card can be loaded with balances of either $30, $50, $100 or $200 at the time of purchase. No further reloads are permitted.
  6. The Card must be activated prior to use and at least one (1) week prior to expiry. To activate the Card, you must go through the activation steps outlined in the INC.C app.
  7. Use and access to the Card is subject to your respective Device capability. This means your Device must have the ability to store the Card and make a purchase using a digital wallet.
  8. You must use your PIN to complete transactions over one hundred ($100) dollars.
  9. The Card is not a credit card and nor is it linked to a deposit account with us or any financial institution. Some merchants may choose not to accept Mastercard Prepaid gift cards. Merchants or other providers may impose limits on the use of your Card. We are not responsible if a merchant refuses to accept a Card. If you have a complaint or concern about goods or services purchased with your Card, you must resolve this directly with the merchant. Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction was made using the Card) then you will have no access to those funds.
  10. When using the Card with some merchants (such as hotels, taxis, rental cars, restaurants and cruise ships) or for mail order purchases, Card “tolerance limits” may apply. This means that the authorisation or approval obtained on the Card can be for an amount up to 20% or more than the total bill (or anticipated bill) to cover additional items such as tips and incidentals or to ensure that adequate funds are available to cover the final purchase. The entire amount of the authorisation or approval will be debited and will not form part of the available balance until the authorisation or approval clears, although only the amount actually spent or authorised will be finally deducted from the available balance after the authorisation or approval clears.
  11. You may use the Card as often as you like until the available balance is spent or the Card has expired. The Card is not reloadable. The Card cannot be used to make transactions that exceed the available balance. For such a transaction you need to pay the difference by another method if the Merchant agrees. In the event the available amount on the Card is less than the purchase amount, some Merchants may not allow the Cardholder to combine multiple payment types (such as cash, cheque or another payment card) to complete the Transaction. The Card can be used on more than one occasion but cannot be used to make transactions that exceed the available balance.

Validity and Expiry of the Card

  1. The Card is valid until the expiry date shown on the Card in your digital wallet on your Device and cannot be used after expiry. At expiry, the remaining available balance will be forfeited. We will not give you any notice before this happens.
  2. To check expiry date, go to the INC.C app or view expiry details on the Card in your digital wallet.

No Cash Advances

  1. The Card cannot be used to obtain or redeem cash (for example at ATMs or over the counter at financial institutions) and cannot be used for making direct debit, recurring, or regular instalment payments.
  2. Authorisations may be declined at some merchants (such as gambling merchants or merchants who choose not to accept the Card).

Fees

  1. The following fees apply to your Card:
Card purchase price (one-off): $5.95
Balance and transaction history – Online: Free
Balance and transaction history – Phone: Free
Foreign currency conversion fee 3% of the AUD amount of the transaction value applies when you make a transaction on your Card in a currency other than AUD or you make a transaction on your Card in any currency (including AUD) that is processed by a Card scheme or billed by the merchant outside of Australia.
  1. The Card purchase price will be charged at the time of purchase and will not be deducted directly from the available Card balance at the time the transaction or action is carried out. Subject to any applicable law, we may deduct from the Card Value any government duties, taxes, rates or charges now or in the future charged upon or in relation to the use of your Card or transactions deducted from the Card Value, whether or not you are primarily liable for such duties, taxes, rates or charges.
  2. When you make a transaction on your Card in a currency other than AUD, a foreign conversion will be performed at the applicable exchange rate and the Foreign Currency Conversion Fee (set out in the above table) will be applied to the AUD amount of the transaction. The applicable exchange rate used is either:a. a wholesale market rate selected by Mastercard from a range of wholesale rates one day before the transaction is processed by Mastercard; or
    b. the government-mandated rate in effect for the applicable processing date.
  3. To the extent permitted by law, some merchants may charge you for using the Card and such fees may be deducted from the balance of your Card at the time of the transaction.

Your Card, your responsibility

  1. You should care for the Card like it is cash. We have no obligation to replace or refund value for misused, lost or stolen Cards except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these terms and conditions (for example, warranties as to the exercise of due care and skill in providing services and as to fitness for purpose of materials we provide). A request to replace a damaged or faulty Card may be made by calling 1300 293 926 between 9am and 5pm Monday to Friday (excluding national public holidays). Replacement Card details cannot be sent to a physical address outside of Australia. If a replacement Card is issued, the replacement Card will be loaded with the available balance on the Card at the time of replacement.
  2. You are liable for all transactions on the Card, except where there has been fraud, negligence or wilful misconduct by us (including that of our officers, employees, contractors or agents). If your Card has been lost or stolen please call on 1300 293 926 in Australia. Lost or stolen Cards will not be replaced so keep your Card secure at all times.
  3. You are responsible for checking your transaction history online and knowing your available balance. You can check your balance and transaction history on your Device through the INC.C app. For disputed transactions you should contact Mastercard immediately. Mastercard Scheme Rules impose time limits after the expiry of which our or the Issuers ability to dispute a transaction on your behalf may be lost. We may not be responsible for any loss to you where it can be shown that you have unreasonably delayed notifying us.
  4. To protect your Card, you should:
    a. Carry your Card holding Devices with you whenever you can and not leave them unattended;
    b. Regularly check that you still have your Card and check your transaction history online; and
    c. Not allow anyone else to use a Card or your Devices.
  5. Except to the extent that the liability is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents), we are not liable for any loss or damage arising out of or in anyway related to the use of the Cards, including:a. if authorisation is declined for any transaction, except where the authorisation has been declined because of an act or omission on our part;
    b. reduced levels of service caused by the failure of third-party communications and network providers; or
    c. in relation to tokenised Cards:i. if you have other cards stored on your Device for payment and you inadvertently use the Card when using your Device as a payment method;
    ii. for the use, functionality or availability of a Device;
    iii. the availability of merchants who allow the use of the Device and Card as payment;
    iv. if your Device security measures are compromised, you allow others access to your Device or to otherwise circumvent the security measures of your Device.
  6. if authorisation is declined for any transaction, except where the authorisation has been declined because of an act or omission on our part;
    (a) reduced levels of service caused by the failure of third-party communications and network providers (except to the extent deemed liable under the ePayments Code); or
    (b) in relation to tokenised Cards:
    (i) if you have other cards stored on your Device for payment and you inadvertently use the Card when using your Device as a payment method;
    (ii) for the use, functionality or availability of a Device;
    (iii) the availability of merchants who allow the use of the Device and Card as payment;
    (iv) if your Device security measures are compromised, you allow others access to your Device or to otherwise circumvent the security measures of your Device.
  1. We are not liable in any way if your Card or Device is lost or stolen, or if funds are misappropriated, except where there has been fraud, negligence or wilful misconduct by us (including that of our officers, employees, contractors or agents). If your Card or Device is lost or stolen please visit www.gophergiftcards.com.au and contact us for further assistance.
  2. Our liability for breach of a condition or warranty implied by law and which cannot be excluded is limited to either the resupply of the services or the payment of the cost of having the services supplied again.

Errors and Complaints

  1. If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved.
  2. If you have a problem with your Card or have a complaint, please contact our customer support at sales@gophergiftcards.com.au . You can ask for information about how we manage complaints in alternative formats and languages upon request by calling 1300 293 926. If you have a hearing or speech impairment, you can access additional support through the National Relay Service on 1300 555 727.
  3. We will handle all complaints according to our internal dispute resolution procedure.
  4. If you are not satisfied with our response, you may lodge a complaint with the Australian Financial Complaints Authority (AFCA). AFCA provides free and independent financial services complaint resolution and can be contacted on Website: www.afca.org.au Email: info@afca.org.au Phone: 1800 931 678 (free call) Mail: GPO Box 3, Melbourne VIC 3001. Time limits may apply to complain to AFCA and so you should act promptly or otherwise consult the AFCA website to find out if or when the time limit relevant to your circumstances expires.
  5. To contact the Issuer about your complaint you can send an email to support@emlpayments.com.au
  6. We or the Issuer may restrict or stop the use of the Card if suspicious activities, or potentially illegal transactions, are noticed. We may also restrict or stop your use of the Card for security reasons.

Refunds or exchanges

  1. Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.

Privacy and confidentiality

  1. Information will be disclosed to third parties about the Card, or transactions made with the Card, whenever allowed by law, and also where necessary to operate the Card and process transactions.

Changes to these Conditions of Use

  1. We reserve the right to change these Terms and Conditions at any time. Except where we are required by a law to do so, or the change is materially adverse to you, you will not receive advance personal notice of such changes. If the change is materially adverse to you, we will notify you at least 14 days before the effective date of the change. However, if the change is made for one or more of the following reasons we can implement such change without prior notice:
    a. to comply with any change or anticipated change in any relevant law, code of practice, or guidance;
    b. to reflect any decision of a court, ombudsman or regulator;
    c. for security reasons where reasonably necessary to address security concerns or vulnerabilities.
  2. Changes can be viewed via our website or by using another method that the law allows or requires us to use. The current version of these Terms and Conditions are available on this page.

General

  1. If we fail to exercise or delay in exercising any of our rights under these Terms and Conditions, that failure or delay does not constitute a waiver of our rights.
  2. Mastercard Prepaid Management Services Australia Pty Ltd (ABN 47 145 452 044, AFSL 386 837) arranges for the issue of the Card in conjunction with the issuer, pursuant to a license by Mastercard Asia/Pacific Pte Ltd.
  3. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
  4. These Terms and Conditions are governed by the law of Queensland.

Cardboard Gift Card Packaging Terms and Conditions

The Gopher Gift Card by Mastercard (“Card”) is not reloadable, and is only valid until the expiry date shown on the Card and cannot be used after this date. At purchase, the card must be loaded with an amount of your choice of either $30, $50, $100 or $200. Card Purchase Price also applies.

Any remaining balance on the Card at expiry will be forfeited. We will not give you any notice before this happens. The Card cannot be used to obtain or redeem cash. See full terms and conditions for limitation on Card use on this page. Lost or stolen Cards will not be replaced, so keep the Card secure at all times. Any balance on a lost or stolen card will be forfeited. Except as required by law, the issuer and distributor only accept liability where there has been fraud or negligence caused by it.

Please read the full Card terms and conditions, available on this page, before purchasing or using the Card. TechEngin Pty Ltd (ACN 626 018 246) arranges for the issue of the Card in conjunction with the issuer EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131, pursuant to a license by Mastercard Asia/Pacific Pte Ltd. The issuer can be contacted at: support@emlpayments.com.au.

Use of the Card excludes ATMS, over the counter at financial institutions and merchants who do not accept Mastercard prepaid cards. Merchants or other providers may impose limits on use of the Card.

Card purchase price (one-off): $5.95
Balance and transaction history – Online: Free
Balance and transaction history – Phone: Free
Foreign currency conversion fee 3% of the AUD amount of the transaction value applies when you make a transaction on your Card in a currency other than AUD or you make a transaction on your Card in any currency (including AUD) that is processed by a Card scheme or billed by the merchant outside of Australia.
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