Acceptance of Terms
Privacy Policy
Intellectual Property
Revisions to data
Disclaimer
Links to third party Web sites
Limitation of Liability
Indemnification
Restrictions on Use
Responsibilities of use
Suspension or discontinuation
Governing Law
Miscellaneous

ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. The www.cashcard.com.au web-site is owned and operated by Cashcard Australia Limited ACN 002 405 754, a member of the First Data group of companies (jointly and severally referred to in these terms and conditions as "First Data" or “us” or “we”). This website is hosted by First Data Resources Australia Limited. By accessing or using this web site you signify your acceptance of terms, conditions, notices and disclaimers contained in this document and elsewhere on this web site (known collectively as "Terms of Use"). You warrant that you have authority to accept these Terms of Use on behalf of any First Data customer ("Customer") with which you are associated ("your Associated Customer").
From time to time, First Data may modify these terms and conditions by altering these terms and conditions as posted on this web site. Any amendment will be effective from the date it is posted on this web site. If, at any time, you do not wish to accept the Terms of Use, or any alterations to them you may not use this web site. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by First Data and shall be of no force or effect
 

PRIVACY POLICY

Our commitment to privacy

Protecting consumer privacy is very important to us. Our online Privacy Statement is available to inform you about our collection, use and disclosure of personal information so that you can make informed choices about how your own information is collected and used. This Privacy Statement applies to personal information collected, used stored and disclosed in Australia through this web site. Our online Privacy Statement reflects our policies covering personal information collected at this web site on or after the effective date shown above and incorporates the National Privacy Principles by which we are bound.

We believe that information used responsibly benefits consumers and the economy, whether it is information we house on behalf of consumers conducting transactions or information we collect on behalf of our business clients. For example, we use consumer information every day to ensure fast and accurate processing of thousands of electronic transactions. In addition, we strive to better serve our Customers by offering goods and services that we believe fit their needs and interests. When identifying an opportunity, we may use aggregated consumer information in an effort to identify Customers who may be interested in that opportunity.

These policies guide us in the collection and use of information as well as our employee's responsibilities in protecting your privacy. We use personal information about consumers, Customers and users only in a manner consistent with these policies.

Cookies

A "cookie" is an identifier that we transfer to users’ computer hard drives through users’ web browsers to enable our systems to recognise users’ browsers and interact more efficiently with Customers’ and users’ computers.

This web site uses cookies only to aggregate information about the pages that users visit so that we can update and redesign this website, as necessary, in order to provide you with the most useful information.

We do not disclose domain name or aggregate information to third parties other than vendors who assist us with this web site and who are under strict confidentiality requirements. You can generally configure your browser to accept or reject all cookies or notify you when a cookie is used. We suggest that you refer to your browser instructions or help screens to learn more about these functions, bearing in mind that if you configure your browser so as to not receive any cookies the functionality of this web site will be lost and may affect the functionality of other web sites.

Collection of personal information

The nature of the personal information we collect about you online is generally comprised of your name, mailing address, e-mail address phone number, the company you represent and is strictly limited to the information that you voluntarily provide to us and that is collected by use of Cookies as described above. We use and hold the personal information that you supply to us on this web site to:

• contact you so that we can provide you with the information you have requested (such as press releases and information about ATM placement), assess and process any application you make for services, provide services to you and administer services provided to you;
• occasionally sending you other information that we believe you would find interesting about First Data and our services or those of other companies in our corporate group. If you do not wish to receive the later information, please let us know;
• perform our administrative operations, including accounting, risk management, record keeping, archiving, systems development and testing, credit scoring and staff training;  and
• validate the user’s rights to view the information provided. This information is also used by us as an audit of activity against your institution’s information and records.

We also may use and hold personal information, which is provided to us in connection with services that you request, for the purposes (as relevant) of:

• complying with legislative and regulatory requirements or as otherwise permitted or authorised by law;
• considering any other application you may make to us;
• managing our rights and obligations in relation to external payment systems, e.g. credit card schemes and debit payment schemes;
• conducting market or customer satisfaction research;
• developing, establishing and administering alliances and other arrangements (including rewards programs) with other organisations in relation to the promotion, administration and use of our respective products and services; and
• developing and identifying products and services that may interest you.

If you provide information about another person to us (i.e. an individual – for example, a referee, or a person to whom a payment is to be directed), you warrant that you are authorised to do so and that you will inform that person of who we are and that we will use and disclose their information as set out in this privacy statement.

If you provide incomplete or inaccurate information to us, we may not be able to provide you with the services you are seeking.

We do not seek to collect nor store information about anyone’s ethnic origins, political or religious beliefs, trade union membership, sexual preferences or criminal record.  If you provide these and other types of sensitive information to us, then by doing so, you consent to our collection of that information and to the use and disclosure of that information as set out in this privacy policy.

Use and disclosure of personal information

Information collected by us in relation to electronic transactions is used to process those transactions and so will be disclosed to the parties to the transaction and their respective financial institutions.

Other information is used to provide and administer the provision of services to you, managing our rights and obligations under contracts and at law, systems development and testing, in connection with alliance arrangements and identifying and marketing the products or services provided by us, our related bodies corporate or alliance partners that we think may be of interest to you and telling you about them.  If you do not want to receive this information, please let us know.

In common with many other businesses, we use agents and other third parties to conduct certain activities on our behalf and provide certain services to us. For this purpose, we may need to provide these third parties with your personal information. The types of organisations to which we may disclose a customer’s, consumer’s or user’s personal information include:

• financial institutions for the purpose of processing transactions and tracing transactions;
• external payment systems operators and participants (e.g. credit card payment systems or debit payment systems);
• our agents, contractors and external advisers whom we engage from time to time to carry out, or advise on, our functions and activities;
• providers of other services to us;
• anyone supplying goods or services to you in connection with an alliance program associated with the services you request;
• any person or organisation who introduces you to us;
• any person to the extent necessary, in our view, in order to carry out any instruction you give to us;
• regulatory bodies;
• debt collection agencies; 
• any person considering purchasing a contract entered into by you from us and that person's advisers, persons involved in assessing the risks and funding of the purchase and, after purchase, the purchaser and any manager on an ongoing basis;
• your and our insurers or prospective insurers and their underwriters; and
• (unless you tell us not to) other organisations including our related bodies corporate (and our agents and their agents) and organisations with whom we have alliances or arrangements (including reward programs) for the purpose of promoting our respective products and services.

any of whom may be located overseas. Where such disclosure occurs, we will require these third parties to keep your information confidential and use it only for the purposes for which we are permitted to use it.

We may also disclose a Customer’s, consumer’s or user’s personal information to parties associated with you or your Associated Customer including:

• your agents and contractors, including your finance broker, referees and your legal or financial adviser;
• your executor, administrator, trustee, guardian or attorney; and
• your franchisor (if applicable); 

In addition, we may be required or permitted by law to use and disclose your personal information, (such as disclosures to credit reporting agencies as permitted under the Privacy Act or to law enforcement bodies and government agencies to prevent fraud or other malicious activities). In addition, First Data may disclose Customer or consumer information to companies that, like First Data, are part of the First Data corporate family which may be located overseas (in which case your personal information will remain confidential and the purpose for which the information is collected and used will not change). These disclosures may consist of the following:

• financial background information describing a Customer's financial status;
• identification information, such as name and address data;
• consumer transaction information, such as account activity, debit activity or credit activity; and
• other information relating to financial matters.

There may also be circumstances in which we consider a Customer or user has, by their actions, released us from our duty of confidentiality or has consented to the disclosure of personal information about them without actually stating that this is the case.

Commercial Electronic Messages

First Data may use any electronic addresses you have provided to us or for which you are the relevant electronic account holder (both “your addresses”) to send you commercial electronic messages in order to provide you with information and to tell you about products and services, including those of third parties, which we consider may be of interest to you.

You warrant that you have authority either as or on behalf of the relevant electronic account holder to provide this consent.

You agree that until you provide written notice or use an unsubscribe facility included with a commercial electronic message to withdraw your consent, we may continue to send commercial electronic messages to your addresses.

We are committed to protecting the confidentiality of personal consumer information

We limit access to your personal information to those of our employees and employees of other entities in the First Data corporate group who need your personal information to fulfil their business responsibilities. Such employees must adhere to our privacy policies. Employees violating these policies may be subject to disciplinary action, up to and including dismissal. Our service providers and other outside contractors are subject to contractual requirements to ensure that your personal information is safeguarded.

We use appropriate security safeguards

At First Data, security is a priority. We employ appropriate measures to protect personal information against unauthorised access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security and other appropriate technologies. We continually review and enhance our security systems as necessary.

Requests for access

Subject to the provisions of the Privacy Act 1988 (Cth), you may request that we provide you with access to the personal information we hold about you and we will provide you with such access where possible. In the event that we are unwilling to provide you with such access, we will provide you with the reasons for our decision.

In the event that you require access to your personal information maintained by First Data, please contact our Client Services group or our Privacy Officer. Cardholders requesting information may also wish to contact their issuer institution with their access request as their card issuer would hold more complete information about them. The card issuer institution may also seek cardholder personal information from us and forward it to the cardholder.

Where information is collected by us directly from consumers or sources other than our business Customers, we will permit such sources, if possible, to dispute or correct any erroneous, incomplete or out-of-date personally identifiable information. Of course, this correction is not possible if the information is proprietary to one of our business Customers, reflects historical transaction information or if correction would violate the privacy or legal rights of a third party. Where applicable, we abide by laws related to such information.

You can also correct factual errors in your personally identifiable information by sending us a written request that credibly shows error. We reserve the right to independently verify any such claims made. To protect your privacy and security, we will also take reasonable steps to verify your identity before making corrections. In the event that we are unwilling to correct personal information, we will provide you with the reasons for our decision.

We reserve the right to assess a service charge for providing you any information in connection with your request (although such a fee will not apply to the lodging of a request for access).

Our web site is not directed at children under the age of 18

Our web site is not directed at children under the age of 18 and we do not collect or maintain information at our web site from those we actually know are under the age of 18.

Our web site may be linked to other web sites

We may create links to third party web sites. We are not responsible for the content or privacy practices employed by web sites that are linked from our web site.

Consent

We may collect, hold, use and disclose to third parties personal information about users, Customers and cardholders as described earlier in this Privacy Statement. 

Notwithstanding anything else in this statement, you may, at any time, ask us not to send you any further information about products and services and not to disclose your personal information to any other organisations (including related bodies corporate) for that purpose. You may do this by contacting our Privacy Officer at the address below.

General

We are committed to meeting the highest standards for our privacy program. To that end, we have appointed a senior official, who serves as the company-wide officer with responsibility for the administration and implementation of our privacy program.

The First Data officer, working closely with individual business units, is responsible for:

• administering employee privacy training and employee compliance related to the our privacy policies;
• conducting periodic assessments of our compliance with our privacy policies, as well as specific implementation policies and procedures; and
• ensuring that we actively participate in appropriate privacy activities, including self-regulatory initiatives.

If you choose to visit http://www.cashcard.com.au, your visit and any dispute over privacy is subject to this online Privacy Statement and our Terms of Use. If you have any questions or comments about our online Privacy Statement, or for some reason believe we have not adhered to our statement, please contact our Privacy Officer. You can also obtain more information on request about the way in which we manage your personal information by contacting our Privacy Officer.
The contact details for our privacy officer are:

The Privacy Officer
First Data International
Level 9/168 Walker St North Sydney 2060
Tel: +61 2 9959 7333
Fax: +61 2 9929 7998

As stated above, this Privacy Statement is currently only applicable to our web site customers and visitors in Australia. As we develop web sites for international audiences, we may adopt additional rules and practices consistent with this statement to conform to the policies or requirements of those countries. We may alter this statement as needed for certain products and services and to abide by local laws or regulations around the world. We reserve the right to amend or modify this statement from time to time. We urge you to review this statement whenever you visit in order to obtain the most current statement. You may change your choices at any time.
 

INTELLECTUAL PROPERTY
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type arising at law, including rights in and to all applications and registrations relating to this web site (including, but not limited to, all data contained on this web site relating to you and your Associated Customer ("Data"), information, text, look and feel, material, graphics, software and advertisements) (the "Intellectual Property Rights") shall, as between you and First Data, at all times be and remain the sole and exclusive property of First Data. You assign upon creation all Intellectual Property Rights to First Data.
The CASHCARD trademark and logo are registered and/or used by Cashcard Australia Limited ACN 002 405 754. The FIRST DATA name, logo and related trademarks and services marks are owned by First Data Corporation and are registered and/or used in the United States and many foreign countries. The TELECHECK trademark and logo are registered and/or used by TeleCheck International Inc. The DIRECT CASH trademark and logo are registered and/or used by Direct Cash Pty Ltd ACN 077 573 203. The WESTERN UNION trademark and logo are registered and/or used by Western Union Holdings Inc. Without the prior written permission of the respective trademark owners, you agree not to display or use in any manner, the FIRST DATA, CASHCARD, TELECHECK, DIRECT CASH and WESTERN UNION trademarks or logos contained in this site.
You acquire no rights or licences in or to the Intellectual Property Rights, this web site and materials contained within this web site other than the limited right to use this web site in accordance with the Terms of Use.
You agree to protect the Intellectual Property Rights of First Data and all others having rights in this web site during and after the term of this agreement and to comply with all reasonable written requests made by First Data or its suppliers of content (including Data) ("Content"), equipment or otherwise to protect their and others' contractual, statutory and common law rights in this web site.
 

REVISIONS TO DATA
You and Your Associated Customer are responsible for all revisions to the Data executed by you. You accept responsibility as a representative of your Associated Customer and represent your Associated Customer in all access and use of this web site. You acknowledge and agree that First Data:

1. relies in good faith on any revisions to the Data executed by you; and
2. does not take any steps to verify the accuracy of any revisions to the Data executed by you.
    

DISCLAIMER
First Data has made and will continue to make great efforts to include accurate and up-to-date Content on this web site. However, First Data makes no warranties or representations, express or implied, as to the accuracy or completeness of the Content contained or referenced therein and all Content provided on this web site is provided to you "as is". Any warranties regarding the Content or other services provided, which may be implied by law, statute or otherwise are excluded to the fullest extent permitted by law.
You agree that your use of this web site is at your sole risk and acknowledge that this web site and anything contained within this web site, including, but not limited to, Content, services, goods or advertisements are provided in their then state and condition, subject to all latent and patent defects. First Data excludes all warranties except for all non excludable statutory warranties.
First Data does not warrant that this web site is compatible with your equipment or that this web site is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features.
You agree that First Data, its suppliers and its third-party agents shall have no responsibility or liability for:

1. any injury or damages, whether caused by the negligence of First Data, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with this web site and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against First Data by any other party; or
2. any fault, inaccuracy, omission, delay or any other failure in this web site caused by your computer equipment.
    

LINKS TO THIRD PARTY WEB SITES
The content of other web sites, services, goods or advertisements that may be linked to this web site is not maintained or controlled by First Data. First Data is therefore not responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on, this web site.
Where this web site contains hyperlinks to web sites operated by third parties these linked web sites are not under the control of First Data and First Data is not responsible for the contents of any linked web site. First Data provides these hyperlinks to you for convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by First Data. You link to any such web site entirely at your own risk.
First Data does not:

1. make any warranty, express or implied, with respect to the use of the links provided on, or to, this web site;
2. guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to this web site; or
3. make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to this web site.
    

This web site may also contain third party advertisements which contain embedded hyperlinks to web sites operated by third parties. All third party advertising is paid for by the relevant third party advertiser which you can accept by linking to the third party advertisers and are not recommendations or endorsements by First Data. The third party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services you agree to purchase from the third party web site.
First Data is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access this web site.
You understand that First Data and/or third-party contributors to this web site may choose at any time to inhibit or prohibit their content from being accessed under the Terms of Use.
 

LIMITATION OF LIABILITY
Subject to the qualifications in Section 68A of the Trade Practices Act (Cth) 1974 ("the Act") First Data’s liability for any breach of a condition or warranty implied by Division 2 of Part V of the Act (other than a condition or warranty implied by Section 69 of the Act) shall be limited to one of the following (as First Data may determine):

1. in the case of services supplying of the services again; or paying the cost of having the services supplied again;
2. in the case of goods the replacement of the goods or the supply of equivalent goods; the repair of such goods or the payment of the cost of having the goods repaired; or the payment of replacing the goods or acquiring equivalent goods.
    

You agree that you use this web site at your sole risk. You agree that any Content downloaded by you is done so entirely at your own risk and you shall be solely responsible for the consequences of downloading any such Content.
Under no circumstances, including but not limited to negligence, shall First Data, its suppliers and its third-party agents be liable to you for indirect, incidental, consequential, special, punitive or exemplary damages even if a First Data authorised representative has been advised specifically of the possibility of such damages, arising from use of or inability to use the service or any links or items on the service or any provision of the Terms of Use, such as, but not limited to, loss of revenue or anticipated profits or lost business.
Under no circumstances shall First Data, its suppliers and its third-party agents be liable to you for any damage, cost, loss or expense incurred by you arising out of or in connection with any revisions to the Data executed by you.
Under no circumstances shall First Data be liable to you for any amount (if any) in excess of any fee payable by you for the right to use this web site.
 

INDEMNIFICATION
You agree, at your own expense, to indemnify, defend and hold harmless First Data and its employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against First Data, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against First Data, its employees, representatives, suppliers and agents is based on or arises in connection with this web site, or any links on this web site, including, but not limited to:

1. your use or someone using your computer's use of this web site;
2. your use or someone using your account, where applicable;
3. a breach of the Terms of Use by you or anyone using your computer (or account, where applicable);
4. a claim that any use of this web site by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party;
5. any revisions, deletions, additions, insertions or alterations to, or any unauthorised use of, this web site or the Content (including the Data) by you or someone using your computer (or account, where applicable); or
6. any misrepresentation or breach of representation or warranty made by you contained herein.
    

RESTRICTIONS ON USE
You acknowledge and agree that you shall not:

1. use this web site for any illegal purpose or in any manner inconsistent with the Terms for Use;
2. copy, reproduce, recompile, decompile, disassemble, reverse engineer, frame, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit this web site, except as permitted by the Terms for Use or by applicable law;
3. interfere or disrupt networks connected to this web site;
4. use, transfer, distribute or dispose of information contained in this web site in any manner that would compete with the business of First Data;
5. post any information from this web site to a newsgroup, chat room or discussion board; or
6. use the web site or information in a manner that breaches any applicable privacy legislation or First Data’s Privacy Statement,
    

without the prior written consent of First Data. Requests for permission to reproduce any information contained on this web site should be addressed to www.FirstData.com.au
 

RESPONSIBILITIES OF USE
You acknowledge and agree that you are responsible for:

1. at the request of First Data, providing such information and assistance as are reasonably required by First Data in order for First Data to meet its obligations under these Terms of Use;
2. complying with all reasonable directions and instructions of First Data in relation to your use of this web site provided prior reasonable notice is given to you of any of the same;
3. taking every reasonable precaution in the use of this web site to prevent contamination and diffusion of any software or hardware contamination including viruses, worms or "Trojan horses";
4. the accuracy of revisions to the Data (and for the avoidance of doubt such responsibility shall be solely your responsibility);
5. taking every reasonable precaution to ensure that access to this web site and the Data is restricted to those persons (including sub-contractors and agents) who are authorised users of this web site;
6. not sharing your Customer ID number and password (if applicable) with any third party;
7. changing your password (if applicable) on a regular basis; and
8. using this web site in accordance with all applicable laws and regulations.
    

SUSPENSION OR DISCONTINUATION
First Data may at any time, without liability, suspend or discontinue the operation of this web site generally or your access to or operation of this web site.
 

GOVERNING LAW
The Terms for Use shall be governed and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
 

MISCELLANEOUS
You accept that First Data has the right to change the Content or technical specifications of any aspect of this web site at any time at First Data’s sole discretion. You further accept that such changes may result in your being unable to access this web site. If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force. At the request of First Data, you will execute and deliver to First Data any documents necessary to effect this agreement.
The goods and services detailed in this website are available to persons carrying on business in Australia only, unless otherwise expressly agreed by First Data.