‘Account’ – means the method of storing your details and holdings with a Participating Merchant.
‘Business Partner’ – means a company that has agreed by way of written agreement to distribute Flexepin vouchers.
‘Customer’ – means a member of the public who purchases a Flexepin Voucher.
‘Issue Date’ – means the date that a Flexepin Voucher is purchased from a Business Partner or Retailer by a Customer.
‘Participating Merchant’ is a business or other organisation with whom you have opened an Account with after completing that merchant’s identification process and that has a contract with Flexepin to integrate the Flexepin payment scheme into its payment processing system and operates under the Flexepin rules.
‘Holder’ – means a member of the public who has lawfully purchased a Flexepin Voucher.
‘Retailer’ – means any preselected location with which Flexepin Vouchers has a valid, written agreement authorizing the sale of vouchers on its premises.
‘Terminal’ – means the device, which allows Flexepin Voucher to be purchased and printed.
‘Use-By-Date’ – means the final date that a Flexepin Voucher may be used.
‘Voucher’ – means a Cash Top-up Voucher or a Flexepin and sold by an authorized Retailer in an authorised manner, delivered through a Terminal.
1.1. Flexewallet Pty Ltd is authorised and regulated by the Australian Securities and Investment Commission with an Australian Financial Services Licence (AFSL) authorised for non-cash payment products. AFSL 448066.
1.2. Flexewallet Pty Ltd has a registered address of Level 1, Legacy House, 293 Swanston Street, Melbourne 3000, Victoria, Australia.
1.3. Flexepin is a product of Flexewallet issued under its AFSL
1.4. The Flexepin enables you to top-up your accounts through the use of individually encoded Flexepin voucher codes issued in exchange for cash or other cleared funds. Flexepin provides an online validation of the presented Flexepin voucher code to participating Merchants.
1.5. Flexepin will not credit any interest to the value of the voucher code.
2. Acceptance of terms and conditions
2.1. You become bound by these terms and conditions set out in this Agreement in relation to any use of the Flexepin payment system by becoming the Holder of a Flexepin voucher code.
2.2. You are not permitted to transfer or assign your rights under this Agreement to a third party.
2.3. You become a Holder of a Flexepin voucher code by purchasing a Flexepin voucher code from a Retailer contracted to distribute Flexepin voucher codes.
2.4. You cease to be a Holder of a Flexepin voucher code when:
2.4.1. The Flexepin voucher code and amount is submitted to a Participating Merchant; or
2.4.2. The Flexepin voucher code is refunded by Flexewallet.
2.5. You may obtain, subject to the processes deployed by Flexepin and/or the merchant to detect and prevent fraud, up to 10 Flexepin voucher codes of up to $500 each in Australia unless otherwise restricted to a lower amount on any one day.
2.6. You may not hold in excess of $5,000 at any time, and these terms and conditions apply to all such Flexepin voucher codes and their use. Failure to adhere to this would constitute a breach of these terms and conditions and will give rise to suspicion of fraudulent and/or criminal activity as a result of which Flexepin reserves the right not to redeem and/or refund the Flexepin voucher code.
2.7. All Flexepin voucher codes are monitored to determine any irregular activity and Flexewallet reserves the right to cancel any Flexepin voucher code where the acquisition of a Flexepin voucher code is reasonably regarded as suspicious to Flexepin. In these circumstances you must contact Flexewallet customer services as soon as possible in order to verify that all activity in relation to all your vouchers is authorised and lawful. Flexewallet will issue new voucher codes to you for the same value as your invalidated vouchers only if you can prove to our reasonable satisfaction that you have acted lawfully and in accordance with this Agreement in every respect. Your failure to do so will lead to the value of all your affected vouchers being permanently forfeited.
2.8. Flexewallet reserves the right to refuse to validate a Flexepin voucher code and amount if it reasonably suspects that any breach of any applicable law or regulation or fraud has occurred or is likely to occur.
2.9. You must not use the Flexepin payments scheme and/or Flexepin voucher code for any illegal purpose.
2.10. You must keep proof of purchase of the Flexepin voucher code including the original Flexepin voucher receipt and this proof of purchase may be requested by Flexepin (in addition to any other information we may reasonably require you to provide) to establish that you are the Holder of the Flexepin voucher code.
3. Receiving a Flexepin voucher code
3.1. Flexepin voucher codes are distributed by Business Partners.
3.2. Such Business Partners may distribute Flexepin voucher codes at retailers and other outlets.
3.3. Business Partners and any associated retailers or other outlets, are listed on the website www.Flexepin.com and you should satisfy yourself that any company purporting to distribute Flexepin voucher codes to you is a Flexepin contracted Business Partner.
3.4. Flexepin is not liable for the validity of any Flexepin voucher codes obtained from any person who is not a Flexepin contracted Business Partner or for any losses or damages resulting from the supply of Flexepin voucher codes from any such persons (whether such voucher code is supplied direct to you, or is obtained by you in the manner described in clause 2).
4. Redemption by Flexepin
4.1. Each Flexepin Cash Top-up voucher code supplied or generated, will be accompanied by a Use By Date.
4.2. If you do not submit details of your Flexepin voucher code to a Participating Merchant on or before the Use By Date stated, the Flexepin voucher code shall no longer be usable for making a top-up transaction and Flexepin is under no obligation to validate it and this Agreement will terminate on the day after the Use By Date.
4.3. Failing to submit your Flexepin voucher code to a Participating Merchant on or before the Use By Date stated will not affect your refund rights; however, the value of your refund will be subject to redemption fee detailed in clause 7 (Refunds & Fees).
5. Making payments with Flexepin at Participating Merchants
5.1. Your Flexepin voucher code can be used to top-up your own account as described in this clause 5 from the Issue Date.
5.2. You may use the Flexepin payments scheme to make payments to Participating Merchants.
5.3. Upon submission by you of the Flexepin voucher code and face value of the Flexepin voucher to the Participating Merchant, and the presentation by the Participating Merchant to Flexewallet of the Flexepin voucher code and face value of the Flexepin voucher, Flexewallet will validate the Flexepin voucher code details and will advise the Participating Merchant of the validity or otherwise of the submission.
5.4. In the event that Flexewallet advises the Participating Merchant that the submission is valid, the Participating Merchant may accept such advice and proceed to accept the Flexepin voucher code as payment.
5.5. Should Flexewallet advise the Participating Merchant that the submission could not be validated the Participating Merchant will advise you accordingly.
5.6. Flexepin voucher codes are unique 16 to 19-digit numbers. Each number applies to a single voucher code for a single stated face value amount. If a Flexepin voucher code and amount submitted to Flexewallet for validation matches our issuing records, Flexewallet shall be entitled to confirm such validation to the Participating Merchant and redeem the voucher. Flexewallet shall not be obliged to undertake any verification of the identity of the person submitting the Flexepin voucher code and amount for validation but shall be entitled to rely on the act of submission as a warranty that you are the legitimate Holder of the voucher code and entitled to use it.
5.7. Flexewallet only issues cash top-up vouchers and provides payment services, and has no involvement in any contract or other dealings you have with the Participating Merchant. Flexepin shall not be liable in any way under the terms of that contract or other dealings or in any way arising therefrom.
5.8. Once Flexewallet has advised a Participating Merchant that a submitted Flexepin voucher code and amount are validated, Flexewallet has no means of subsequently withdrawing such validation and the Flexepin voucher code and amount will be considered redeemed and cannot be used again.
5.9. Any refund of a payment resulting from a claim against a Participating Merchant is subject to the Participating Merchant’s own terms and conditions of business and refund policy. You should make yourself aware of such terms and policies before using a Flexepin voucher code to top-up your account.
5.10. Paying with Flexepin voucher codes is like paying with cash, and so you must keep your own records of payments.
6. Security of your Flexepin voucher code
6.1. You are solely responsible for the security and integrity of your Flexepin voucher code. You acknowledge that Flexewallet is entitled to act on any request submitted through a Participating Merchant website for validation without enquiry into the identity or entitlement of the Holder.
6.2. Flexewallet shall not be obliged to verify that the person presenting the Flexepin voucher code and amount to Flexewallet via a Participating Merchant is the Holder of, or is otherwise entitled to use, the Flexepin voucher code.
6.3. If you have lost your Flexepin voucher, you may contact Flexewallet via the www.flexepin.com website and request that the voucher code is cancelled. You will be asked to provide the Flexepin voucher code, amount, currency and the date, time and place of issue. If the voucher code has not been redeemed prior to such notification Flexewallet will normally cancel the Flexepin voucher code and issue a replacement voucher code to you in substitution. Flexewallet shall have absolute discretion to refuse to issue a replacement code, or to delay issuing a replacement if it reasonably suspects fraud, money laundering or other unlawful activity.
7. Refunds & Fees
7.1. Your right to request a refund commences on the Issue Date of the voucher code and continues for a period of 1 year after the Use By Date; and
7.2. Flexepin voucher codes (or Change voucher codes) must be unused at the time of refund request; and
7.3. You must have acquired the voucher from a Business Partner; and
7.4. Flexepin reserves the right to decline a refund request if you cannot prove that you are a Holder of a Flexepin voucher code as defined in clause 2 and you should retain proof of purchase including the original voucher receipt.
7.6. Subject to clause 7 you can obtain a refund for the full value of the Flexepin voucher, at no cost, if you cancel the voucher within 14 days of acquiring it (the “Cancellation Period”). After the cancellation period Flexewallet will refund the face value of the Flexepin voucher code on request subject to a fee of $30 for processing a refund (the “Redemption Fee”) if you ask for a refund:
7.6.1. on or before the Use By Date; or
7.6.2. after the 12 month period following the Use By Date.
7.7. The Redemption Fee will be shown on the Consumer Refund Application Form available in the FAQs section at www.flexepin.com
7.8. Flexewallet will apply a monthly administration charge of $4.00 (the “Monthly Charge”) to the value of your Flexepin voucher code after the Use By Date, which will be directly deducted from the balance of your Flexepin voucher. This will be calculated on a daily basis
7.9. Fees will be applied to the voucher accordingly until the value of the Flexepin voucher code is reduced to zero or your right to claim a refund has expired.
7.10. You can avoid incurring further Monthly Charges by applying for a new Flexepin voucher code for the full value less any accrued Monthly Charges, which will be issued at no cost, at any time on or before the Use by Date.
7.11. The amount of any refund (subject to the above fees) will be remitted to you following contact with Flexepin customer service, who subject to you having complied with the terms of this Agreement in every respect, will issue you a new Flexepin voucher code less any applicable fees
7.12. All fees will be for the amounts stated above.
7.13. Any personal data provided in connection with a refund will be protected as specified in this agreement.
8. Flexewallet rights to restrict access to, suspend and permanently cancel Flexepin vouchers and products
8.1. Flexewallet may temporarily or permanently invalidate Flexepin voucher codes issued by a Business Partner of Flexepin if, (or in the case of a temporary invalidation, if, pending investigation):
8.1.1. Flexewallet has reasonable suspicion of unauthorised use for trade purposes; or
8.1.2. the value of Flexepin voucher codes held exceeds the limit stated in clause 2.6; or
8.1.3. you have redeemed or attempted to redeem a Flexepin voucher code originating from any person who is not a Flexewallet contracted Business Partner (in any of the circumstances described in clause 3.4); or
8.1.4. Flexepin has good reason to suspect that the vouchers are associated with suspicious activity that is normally related to fraudulent and/or illegal use.
8.2. If Flexewallet has temporarily invalidated your Flexepin code in accordance with clause 8.1, then unless you have confirmed that all activity in relation to your vouchers is authorised, lawful and in accordance with this agreement in accordance with clause 2.7, Flexewallet will permanently invalidate (cancel) this Flexepin voucher code on the day after the Use by Date.
8.3. If Flexewallet permanently invalidates your Flexepin voucher code it may also permanently invalidate any other Flexepin voucher code supplied to or held by you (whether or not any such other vouchers originate from a person who is not a Flexewallet contracted business partner).
8.4. Upon becoming aware that Flexewallet has invalidated your Flexepin voucher code in accordance with clauses 8.1, 8.2 or 8.3 above, you must contact Flexepin customer services as soon as possible in order to confirm that all activity in relation to all your vouchers is authorised, lawful, and in accordance with this Agreement. You may be asked to provide proof of identification and your address or location, the original Flexepin voucher details and any other information or actions deemed necessary for the purposes of avoiding any unauthorised use of the Flexepin voucher. You may also be required to give your consent through registration on the Flexepin website for us to undertake checks with 3rd party companies in order to verify your identity. If you can prove to our reasonable satisfaction that you did not use your Flexepin voucher code as envisaged by any part of clause 8.1, Flexewallet will issue new voucher codes to you for the same value as your invalidated vouchers.
8.5. Flexewallet may monitor all issuance, redemption, and Flexepin transactions to ensure compliance and to monitor any fraudulent transactions.
8.6. Flexewallet reserves the right to permanently cancel any Flexepin voucher codes supplied to you where Flexepin reasonably considers the use of such Flexepin voucher to be unlawful, and/or fraudulent.
8.7. You agree that should further identification and/or verification be required to perform transactions, you consent to Flexepin performing such Customer Due Diligence checks deemed necessary to comply with AML/CTF and other Regulatory requirements.
9.1. If you are unhappy in any way with the Flexepin top-up voucher scheme or Flexepin voucher codes please try and resolve the matter first with Flexepin Customer Support via the website www.flexepin.com
9.2. If you are not happy with the Flexepin response you can ask for your case to be escalated as a complaint. If you are then not happy with the outcome or the way your complaint has been handled, and after 8 weeks has elapsed from receipt of the escalated complaint, you may be able to take the complaint to the Australian Financial Ombudsman Service at the following address or you can also call the Australian Financial Ombudsman using the following telephone numbers in Australia: 1800 367 287 or 1300 780 808.
Financial Ombudsman Service Ltd
GPO Box 3
Melbourne VIC 3001
10.1. This Agreement terminates automatically on the earlier of:
10.1.1. the date on which the Flexepin voucher code is used at a Participating Merchant; or
10.1.2. the date on which the Flexepin voucher code is refunded; or
10.1.3. the day following the Use by Date, if your Flexepin voucher code has not been used on or before the Use By Date.
10.2. Flexewallet may terminate this Agreement immediately if:
10.2.1. Flexepin permanently invalidates the Flexepin voucher code to which this Agreement relates in accordance with clause 8.2 or 8.3; or
10.2.2. you receive your Flexepin voucher code from someone other than a Business Partner; or
10.2.3. you are in serious breach of this Agreement; or
10.2.4. we have reason to believe there has been or may be some illegality or fraud or misuse of the Flexepin payment scheme in relation to your Flexepin voucher code.
11. Variation of terms
11.1. Flexewallet reserves the right to vary these terms and conditions from time to time on www.flexepin.com for any of the following reasons:
11.1.1. where we reasonably consider it will make the terms and conditions easier to understand or fairer to you or the change would not be to your disadvantage; or
11.1.2. to reflect any changes in the cost of providing our services to you (where the change made will reflect the change in costs to us); or
11.1.3. to take account of a regulatory requirement; or
11.1.4. because of changes to Applicable Law, codes of practice or the way in which we are regulated.
11.2. We may change our fees and charges or introduce a new fee or charge if there is a change in (or we reasonably expect that there will be a change in):
11.2.1. The costs we incur in carrying out the activity for which the fee or charge is or will be made; or
11.2.2. Regulatory requirements.
11.3. Any change or new fee or charge will be a fair proportion, as reasonably estimated by us, of the impact of the underlying change on the costs we incur in our business.
11.4. Any changes will be notified on our website and will take effect two months after the date of posting on the website (or shorter if required by law) and shall apply to your use of the Flexepin payment service after that two months period.
11.5. You are deemed to accept any changes made unless, before the proposed changes are due to come into effect, you tell us that you want to terminate your Agreement with us and not accept the change. In this case you will be able to terminate your Agreement free of charge.
11.6. For the avoidance of doubt, these terms shall apply to vouchers issued on or after 1st October 2015.
12. Suspension of service
12.1. Flexewallet gives no warranty or representation that its Flexepin payment scheme will be available at all times.
12.2. Flexewallet reserves the right to suspend its system when it considers necessary for maintenance or upgrade to the systems. Flexepin will use reasonable endeavours to minimise any periods during which the system is unavailable and where possible will post notice on its website www.Flexepin.com of such suspension.
13. Exclusion of representation and warranties
13.1. Flexewallet makes no warranty or representation, either express or implied, as to the suitability or fitness for purpose of the Flexepin top-up system in relation to any specific customer requirements, needs or particular circumstances.
13.2. The Flexepin scheme is a method of making top-ups only. Accordingly, unless we tell you otherwise:
13.2.1. Flexepin gives no warranty, makes no representation and disclaims all liability so far as the law allows with respect to the quality, availability, legality, delivery or any other aspect of your dealings with Participating Merchants; and
13.2.2. the process by which Flexewallet authorises merchants to accept payment through the Flexepin payment system does not involve any assumption of responsibility or investigation by Flexewallet as to those merchants’ dealings with any particular consumers and you therefore deal with Participating Merchants entirely at your own risk. Any grievance you may have with a Participating Merchant must be pursued with that merchant and not with Flexepin.
14. Limitation of liabilities
14.1. You acknowledge that Flexewallet is solely providing a top-up service and that some limitation of liability on Flexewallet’s part is reasonable and customary in an Agreement such as this.
14.2. Accordingly, you agree that Flexewallet shall not be liable for:
14.2.1. Any validation provided by Flexewallet not being acted upon by a Participating Merchant where the Participating Merchant’s failure to act does not result from our wrongful act or omission; or
14.2.2. Any delay or failure to carry out Flexewallet’s obligations under this Agreement arising from any abnormal and unforeseeable event outside our control where the consequences would have been unavoidable despite all our efforts to the contrary.
14.3. Save in relation to death or personal injury caused by negligence, in no circumstances shall Flexewallet’s liability hereunder exceed the face value of the Flexepin voucher code that is issued to you.
14.4. The Financial Services Compensation Scheme is not applicable to Flexepin voucher codes. No other compensation schemes exist to cover losses claimed in connection with a Flexepin voucher code.
15. Payment for loss and third party claims
15.1. You will pay Flexewallet any amount we lose or have to pay arising from any third party claim resulting from your misuse of the Flexepin top-up system, or for harm suffered directly or indirectly by Flexewallet as a result of your breach or non-observance of your obligations under this Agreement.
16. Privacy of your data
17.1. This Agreement is governed by and construed in accordance with the laws of Australia.
17.2. Flexewallet reserves the right to assign, subcontract, novate or transfer its obligations hereunder to any third party (a “third party transferee”) without your consent provided that we will only assign or transfer such obligations if, in our reasonable opinion:
17.2.1. the third party transferee to whom we make the transfer is capable of performing this Agreement; and
17.2.2. the way in which you are treated under this Agreement will not be affected in an important way by, or following, that transfer.
17.3. Where we assign or transfer (including by declaration of trust) all or any part of our rights and/or obligations under this Agreement to a third party transferee, references in this Agreement to “we”, “us” and “our” shall be references to that third party transferee.
17.4. Nothing in this Agreement is intended to create any rights that are enforceable by any person who is not a party to this Agreement, unless otherwise stated.
17.5. If any clause or part of any clause of this Agreement shall be found to be illegal or unenforceable, then the validity and enforceability of the remainder of the Agreement shall not be adversely affected.
17.6. Any delay or failure by you or Flexepin to enforce or pursue any remedy or right hereunder shall not be deemed to be a waiver of that remedy or right and, unless we tell you otherwise in the case of Flexepin not exercising or enforcing a right or remedy, will not prevent that right or remedy from subsequently being exercised or enforced.
17.7. This Agreement constitutes the entire agreement between us relating to the provision of the Flexepin payment scheme and supersedes any previous agreements and understandings between us relating thereto.