Terms & Policies
FCG FINANCIAL SERVICES PTY LTD TERMS AND CONDITIONS
1. Introduction to FCG Financial Services Pty Ltd, information on how you can contact us and on how we will contact you.
1.1 We are FCG Financial Services Pty Ltd. Where these terms refer to “we”, “us” or “our”, this means FCG Financial Services Pty Ltd, a company registered in Queensland, Australia (A.C.N. 635 012 396) with its registered address and principal place of business at Level 25, Waterfront Place, 1 Eagle Street, Brisbane, QLD 4000.
1.2 How you can contact us:
By calling customer service on 1300 51 3302 or using any other electronic means of us speaking to you that we make available to you.
Using the text chat functionality on the platform you use to, amongst other things, obtain access to our services (the “Platform”) or the chatbot functionality on our website.
1.3 In providing you with services under these terms, we are acting as an authorised agent of Hay Limited (hereinafter referred to as “Hay”) to market, promote and distribute non-cash payment products. Hay is a company incorporated in Australia (ABN 34 629 037 403) and has Australian Financial Services Licence No. 515459 which allows it to provide financial services including issuing non-cash payment facilities such as issuing payment cards and payment accounts.
1.4 By acceptance this Terms and Conditions, you also agree to be bound by the Hay Terms and Conditions, a copy of which is available here. To the extent of any inconsistency between this Terms and Conditions and the Hay Terms and Conditions, the later shall prevail.
1.5 How we can contact you:
We can send you messages directly on the Platform.
Your postal address, as set out on the Platform.
Your telephone number, as set out on the Platform.
Your e-mail address, as set out on the Platform.
In the event of security threats or fraud
We will contact you using whichever we think is the most appropriate of the above methods given the circumstances.
It is essential that you update your contact details on the Platform as soon as they change. We will not be liable for any losses you incur as a result of your contact details having changed where you have failed to inform us that they have changed.
1.6 All communications between you and us shall be in the English language only.
2. Information on these terms
2.1 Why should you read these terms? You should read these terms carefully as they apply to the services which we will provide to you. They explain your responsibilities to us and our responsibilities to you, how and when these terms can be terminated and the extent of our liability to you. You should accept these terms only if you agree to be bound by them.
2.2 How do you become our client? You will need to provide us with information and documentation that we request and accept these terms before we will consider onboarding you as a client. You can agree to these terms by ticking the relevant box when signing up to use our services.
2.3 When do these terms come into force and when do they end? These terms come into force when we confirm to you that you are our client and shall remain in force until terminated in accordance with these terms.
2.4 How can these terms be terminated? You can terminate these terms at any time by providing us with notice or by calling us. We can terminate these terms without cause, by providing you with sixty calendar days’ notice. Please note that just because these terms are in force, this does not oblige us to accept any orders from you to execute payments.
2.5 What happens if these terms are terminated? Upon these terms being terminated you will no longer be able to use the services described in these terms. If you hold any money in your BSC Account when these terms are terminated:
(a) we will debit from your BSC Account any monies you owe us;
(b) you should withdraw any remaining funds or value within 14 days of deemed receipt of the notice of termination.
2.6 What happens if you don’t claim your money after these terms have been terminated? After the closure of your BSC Account, we are able to send your money to any account we have on record as belonging to you. If we are aware that this account is of a different currency to the money we hold for you, we shall use a reasonable rate to exchange the money we hold into the currency of your account before sending this money. If we do not have account details for you or are unsure that this account is still open, then we will continue holding this money for you, but will refuse any withdrawal request that comes from you if it is made more than six (6) years after these terms have been terminated.
Any transactions or remittances contemplated herein are subject to us meeting our compliance obligations.
2.7 What are our obligations to you? Upon you agreeing to these terms and onboarding you as a client, we will:
(a) arrange for an account to be opened for you (the “BSC Account”);
(b) allow you to credit your BSC Account;
(c) make available to you the financial services part of the Platform that allows you to access our services (as more particularly described in section 4.3) (the “FSP”);
(d) issue you with a virtual card (the “BSC Card”) linked to your BSC Account.
2.8 Is there anything else you should be aware of when reading these terms? Yes:
(a) these terms are concluded in the English language – if you are reading a non-English language version, please note that this is provided for reference only and that the English language version is the version which applies;
(b) when we refer to a business day, we mean a day other than a Saturday, a Sunday, a bank holiday in Australia.
3. Information on your BSC Account
3.1 What is your BSC Account? Your BSC Account is an account within which you can hold money in AUD. It has an IBAN linked to it so that you and third parties can easily send money to your BSC Account (with your name as the payee). In addition, you can send money to third parties from your BSC Account and you will be named as the payer.
3.2 What can money in your BSC Account be used for? Once you have money in your BSC Account you can:
(a) use this money to pay merchants which sell goods/services on the Platform;
(b) send it to BSC Accounts held by other persons (for example, friends or family);
(c) spend it with merchants that accept VISA using your BSC Card;
(d) withdraw cash from an ATM using your physical BSC Card (if you have one);
(e) send it to an account belonging to you or a third party with another financial institution.
3.3 What currencies can money in your BSC Account be held in? You can only hold money in AUD in your BSC Account.
3.4 How does your BSC Account differ from a bank account? Your BSC Account differs from a bank account in that money in your BSC Account:
(a) will not be invested or lent to third parties;
(b) will not accrue interest; and
(c) will be safeguarded, but will not be covered by Australia’s Financial Claims Scheme or any other similar type of scheme, as further explained in section 5.
3.5 How can you credit your BSC Account? You can credit your BSC Account by:
(a) entering details of a debit or credit card (other than your BSC Card) onto the FSP; or
(b) making a payment via bank transfer using the IBAN details of your BSC Account as the beneficiary details for the payment, the details of which are on the FSP, including the relevant reference number.
3.6 If you choose to credit your BSC Account using a payment method that may be subject to a right to claim funds back (a “Chargeback”) such as, but not limited to, credit or debit card or direct debit, you declare that you will not exercise such Chargeback other than for unauthorised use of the payment method or for a breach by us of these terms which would result in you having a right to a refund of the credit amount.
3.7 You should be aware that the receipt of funds within your BSC Account does not necessarily mean that these transactions cannot be reversed. We reserve the right to reverse a payment if you, your bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to chargeback or otherwise reverse) a credit of your BSC Account.
3.8 Are there limits on how much money you can credit your BSC Account with? Yes, there are dynamic limits (which we refer to in these terms as your “KYC Limit”) based on the quality and amount of “know-your-client” documentation that you have provided to us (and how satisfied are with it) and security and legal requirements. If you:
(a) attempt to credit your BSC Account by using your debit or credit card, then we will refuse your credit attempt if it would cause your BSC Account to exceed its KYC Limit;
(b) make a payment via bank transfer to credit your BSC Account, then we will freeze any amount which was intended to be credited to your BSC Account which exceeds your KYC Limit.
You can increase your KYC Limit by providing us with the documentation which we request, of satisfactory quality.
3.9 Will you require any other documentation from us? Yes, we may require documentation and information from you during the lifetime of these terms. If you do not provide us with the information or documentation we require, we may withhold our services and/or freeze all of the money in your BSC Account until we receive the documentation or information that we require.
3.10 How long will it take for money to be credited to your BSC Account? This depends on the payment method used. If you pay by:
(a) bank transfer, your BSC Account will be topped-up at the time your money has arrived in the appropriate account in cleared funds; or
(b) debit card or credit card, your BSC Account will be credited at the time your bank (card issuer) authorises the payment.
3.11 What if you send money to the wrong account by mistake when trying to credit your BSC Account? In this case, you should contact the financial institution you sent your money from as we cannot correct mistakes within the records of another institution nor can we accept responsibility for the error, its correction or reversal.
3.12 What if you use money in the wrong currency to credit your BSC Account? If:
(a) you send money in a currency other than AUD to the IBAN linked to your BSC Account; or
(b) you use a debit card which is linked to an account which is in a currency other than AUD to credit your BSC Account to top up your BSC Account,
(c) the money in the original currency will be converted into AUD using our standard exchange rate. If our standard exchange rate is used, your statement will show the exchange rate which applied at the time that the money was credited to your BSC Account.
3.13 What if money is credited to your BSC Account by mistake? We can deduct money from your BSC Account where we deem that the money was credited to your BSC Account by mistake. If we deduct money from your BSC Account for this reason or let you know that we intend to do so, you must let us know if you think that it was not credited by mistake. If money was credited to your BSC Account and you think that this was not a mistake, we may share your personal information with the paying payment service provider so that you can be contacted directly in order to resolve the matter.
3.14 Can someone other than you credit your BSC Account? Yes, using the IBAN linked to your BSC Account.
3.15 When will we deduct money from your BSC Account? We will deduct money from your BSC Account when:
(a) you spend money in your BSC Account by using your BSC Card or withdraw cash using an ATM from your BSC Account or purchase a good or service from a merchant through the Platform
(b) you send money from your BSC Account to another person’s BSC Account or to an account you or a third party holds at another financial institution;
(c) you owe us fees – please see section 13 (Charges, fees and interest) for more information;
(d) you owe money to any member of our Group (where our “Group” means us, any of our related entities, subsidiaries or holding companies (from time to time) or any subsidiary (from time to time) of any of our holding companies.)
3.16 How will you know when your BSC Account has been credited? You can check this on the FSP. We will send a notification to your mobile device each time money is credited to or debited from your BSC Account. You can turn off these notifications, through the FSP or in your device’s settings, at any time. If you turn off notifications, you should regularly check the transactions in your BSC Account.
3.17 Will you receive a statement relating to your BSC Account? Yes, you may request that your balance and transaction history is provided by us in a monthly statement sent to your email address. Your account balance and transaction history will also be available on the FSP. You should check your transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting us.
3.18 How do you withdraw money from your BSC Account? You can send money to an account you hold with another financial institution by following the instructions set out in section 6.1(c). You can also withdraw money using an ATM and your physical BSC Card.
3.19 How long can money in your BSC Account be held for? Money will be held in your BSC Account indefinitely. However, if your BSC Account has had no activity in it for more than two years, we shall try and contact you to establish whether you want to leave money in your BSC Account or send it to another account.
If we are unable to get in touch with you, we reserve the right to send the money in your BSC Account, less our costs, to the last known bank account we have on file for you. Any money will be converted to the currency this bank account is denominated in, using our standard exchange rate, if required, prior to being sent.
3.20 Can you ever have a negative balance in your BSC Account? You cannot borrow money on your account (for example, make payments of more than the value of the money in it). However, in some circumstances your balance may become negative, for example when you use your BSC Card on a plane or you are charged fees in excess of your balance. If this ever happens, you must immediately top up your BSC Account. Repayment of the negative balance is due immediately without notice.
4. The Platform and the FSP
4.1 What do you need to access the Platform and the FSP? To access the FSP, you need access to the Platform. To access the Platform:
(a) via our app on your mobile device, you require IOS version 12 or Android version 21; and
(b) via our website, you require access to the internet.
4.2 Do any other terms apply to your use of the Platform? Yes, there are separate terms relating to the use of the Platform which you must agree to, to access the Platform. These are set out in the following weblink FCG Australia Platform Terms. In addition, you are able to access services from companies other than us via the Platform. You must agree to separate terms with those companies if you want to use their services.
4.3 What is the FSP? The FSP is the part of the Platform where you can:
(a) view the amount of money you hold in your BSC Account in the currencies available in the Platform;
(b) make requests for us to send money in your BSC Account to:
(1) another user’s BSC Account; or
(2) an account which is not a BSC Account; and
(c) view details of transactions that have taken place in your BSC Account, such as:
(1) you crediting your BSC Account;
(2) you sending money to:
(a) another user’s BSC Account;
(b) an account belonging to you or a third party beneficiary which is not a BSC Account;
(c) a merchant which has sold you a good/service through the Platform;
(3) you spending money or withdrawing cash using your BSC Card.
4.4 Is the Platform available at all times? Our aim is for the Platform to be available 24 hours a day, seven days a week. However, we cannot guarantee this and accept no liability for this not being the case. You agree and understand that part of or all of the Platform may be periodically unavailable during scheduled maintenance or unscheduled downtime. We are not liable or responsible to you for any inconvenience or damage to you as a result of this downtime.
5. How money in your BSC Account is protected
5.1 When is money safeguarded on your behalf? When money is credited to your BSC Account, the equivalent amount of money is placed in into a segregated bank account. This is commonly known as safeguarding.
5.2 What is the point of safeguarding? Safeguarding means that in the unlikely event that we or Hay get into financial difficulties, the money which is safeguarded will be protected from the claims of Hay’s and our creditors and it should be returned to you in full, less the insolvency practitioner’s costs of distributing the safeguarded funds.
5.3 What are segregated bank accounts? These are bank accounts held with mainstream banks and only hold client money and not our own money.
5.4 When is money not safeguarded on your behalf? Only money shown as credited to your BSC Account is safeguarded. Accordingly, money will not be safeguarded if is has been used:
(a) to pay us fees;
(b) to send to another BSC Account or to another account belonging to you which is not a BSC Account;
(c) to purchase a good or service from a merchant through the Platform; or
(d) to purchase an item from a third party using your BSC Card.
6. Sending money in your BSC Account to another account
6.1 How do you make a request to send money from your BSC Account to another account? There are several ways to send money from your BSC Account to another account, namely:
(a) if you want to send money to another person which has a BSC Account, you should:
(1) enter on the FSP:
(a) the amount and currency of the money you want to send; and
(b) the name of the person you want to send the money to from your contact list on the FSP; or
(2) scan the persons QR code or use their digital id;
(b) if you are sending money to an account with another financial institution, you should enter on the FSP:
(1) the amount and currency of the money you want to send; and
(2) the name of the beneficiary;
(3) the account’s BSB and account number or IBAN and any other information we request.
6.2 Each payment is executed immediately upon authorisation of the payment. If the details you enter are not correct, your payment might be delayed or you might lose your money if it’s sent to the wrong account. If the person you want to pay does not receive the money we will not be liable to you if we processed the payment as requested but you gave us the wrong details. If you ask us to, we’ll be happy to use reasonable efforts to try to get your money back, but we cannot guarantee that we will be able to do so. We may charge you our reasonable costs for doing so.
6.3 Does the FSP record each time you send money from your BSC Account? Yes, after each payment is executed, it will appear as an executed payment on the FSP.
6.4 Will we ever refuse your request to send money? Yes. If we do so, we shall, unless it would be unlawful for us to do so, notify you of the refusal and the reasons for that refusal. We will also let you know the procedure for rectifying any problems that led to that refusal.
6.5 What if you think that you have provided us with incorrect details or that money was sent incorrectly or without your authorisation? If this is the case, you must contact us as soon as possible, by speaking to us or sending us an email using the contact details set out in section 1.2.
6.6 Can you cancel your request for money to be sent? You cannot cancel the request for money to be sent. This is because, ordinarily, once you send us a request to send money to a third party, it is executed very quickly and is impossible to reverse.
7. Your BSC Card
7.1 What can the BSC Card be used for? You can make payments using your BSC Card by providing a merchant with the details of your BSC Card (the name of card holder, card number, expiry date and CVC number) or your PIN. We will consider these actions as you providing consent to make payments or withdraw cash from your BSC Account. You can also give your consent to make payments from your BSC Account using your BSC Card by:
(a) touching your physical BSC Card at the electronic card reader or your smart device (for example your phone) at the electronic card reader (a ‘contactless’ transaction), selecting your BSC Card as your payment option and taking other actions requested on the electronic card reader. No PIN code is required for contactless payments up to a certain amount;
(b) signing for the purchase on the receipt issued by the electronic card reader;
(c) providing your BSC Card number and other details and consenting to the initiation of payment orders for debiting your account when entering into an agreement with a trader or service provider.
When you use your BSC Card to make a payment (for example, in a shop or restaurant), we will consider the payment to be authorised by you unless:
(d) you let us know that the money has been stolen from your BSC Account;
(e) you report to us that you lost your BSC Card; or
(f) you don’t think we’ve carried out your instructions correctly.
7.2 Do you have to pay for a BSC Card? No, we issue your BSC virtual and physical card for free. If you would like replace a physical BSC Card, you may be charged a fee for this. Please see section 13 (Charges, fees and interest).
7.3 What if you no longer want a BSC Card after you have ordered it? If you change your mind and don’t want a BSC Card anymore, please let us know and we’ll cancel it.
7.4 What if you use the BSC Card to purchase goods or services or withdraw cash in a currency you don’t hold in your BSC Account? If this is the case, you can use the exchange rate offered by Visa which can be found here https://www.visa.co.uk/support/consumer/travel-support/exchange-rate-calculator.html or you can use the rate offered by the merchant’s payment service provider. The exchange rate used will be shown on the FSP after the transaction has completed. Please be careful when opting to use a merchant’s payments service provider’s exchange rate as they are often less competitive than VISA’s exchange rate.
8. Keeping the FSP and BSC Card safe
8.1 What are your obligations to keep money in your BSC Account safe? You are obliged to keep the FSP and the BSC Card safe. This includes:
(a) not writing down your personal identification number (PIN) and leaving it in an easily discoverable place;
(b) disguising or protecting the information you use to access the FSP if you write them down or store them;
(c) not sharing your security details used to access the FSP with anyone other than an open-banking provider or third-party provider who is acting in line with regulatory requirements;
(d) making sure you close down the FSP when you are not using the FSP;
(e) downloading the latest software for your mobile device and the latest version of our app as soon as they are available;
(f) keeping your mobile phone and your email account secure and not letting other people use them.
8.2 What should you do if you think that your BSC Account is no longer safe? If your BSC Card is misappropriated, used without authorisation or otherwise compromised, or if someone other than you could obtain access to your account on the FSP without your permission, you should:
(a) contact us using the details set out in section 1.2, as soon as possible;
(b) if you can, freeze your BSC Card using the FSP. (If you later realise there is not a risk to your BSC Card’s security, you can unfreeze it.)
We recommend that you check your BSC Account balance and transaction history on a regular basis to identify any potential unauthorised use of your BSC Account and to check for transactions which you do not recognise.
9. What happens if something goes wrong?
9.1 What should you do if money which you asked to be sent has been sent to the wrong account or someone has stolen money from you BSC Account? You must contact us via the Platform, or by email using the contact details set out in section 1.2, as soon as possible after the date of the transaction. If you do not contact us as soon as possible after the transaction you will not be entitled to a refund.
9.2 When might you be entitled to a refund? We will provide you with a refund if any of the following apply:
(a) the payment happened because we incorrectly executed a payment from your BSC Account;
(b) the security details of the FSP were compromised as a result of something done by our employees or agents;
(c) the payment was taken after you told us that someone knew your security details or your BSC Card was misappropriated or we did not give you a way to tell us about this.
9.3 Are there any circumstances where you are not entitled to a refund in accordance with section 9.2? Yes. We will not be liable to you if you have acted fraudulently or intentionally or carelessly failed to keep access to your account on the FSP or the BSC Card safe (unless you told us about this before the payment was taken from your account). For example, we would not provide you with a refund if you gave someone your smart device which has the BSC Card enabled as a payment option on it, told them your PIN and they made a payment using your BSC Card without you knowing about it.
In addition, we are not liable for a payment not being credited to the beneficiary’s bank account on time, if we can prove to you that the beneficiary’s bank received the amount of the payment on time – in this case you or the beneficiary may be able to recover any losses from the beneficiary’s bank.
9.4 If you are entitled to a refund in accordance with section 9.2, how long will it take for you to be refunded? We will refund you by the end of the thirtieth business day following the day we become aware of the unauthorised payment unless we suspect fraud and notify the appropriate authorities.
9.5 What happens if you give us the wrong beneficiary account details? In this case, we will not issue you with a refund but we will try and trace the payment for you. We may charge you a reasonable fee for tracing this payment.
9.6 What if it takes longer than it should for money to be credited to the beneficiary account? Please let us know and we can make a request to the beneficiary’s account provider to treat the payment as if it was made on time.
9.7 What happens if these terms are terminated before you realise that you might be entitled to a refund? If this happens, both you and us shall still be entitled to rely on this section.
10. When we might freeze or close your BSC Account
10.1 When might we freeze or close your BSC Account? We reserve the right to freeze your BSC Account or close your BSC Account for any reason (acting reasonably) including if:
(a) we reasonably suspect that an unauthorised or fraudulent use of your BSC Account has occurred, or that any of its security features have been compromised;
(b) you breach any condition of these terms in a way that we reasonably believe justifies us freezing or closing your BSC Account;
(c) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorist financing or other criminal activity;
(d) you violate or we have reason to believe that you are in violation of any laws or regulations applicable to you or your use of the BSC Account and/or our services;
(e) you no longer have access to the Platform, for example, because the terms relating to your use of the Platform have been terminated;
(f) we need to do so to comply with our legal or regulatory obligations;
(g) you haven’t given us any information we need, or we have good reason to believe that the information you have provided is incorrect or not true;
(h) you fail in any respect to fully and promptly comply with any obligations set out in these terms;
(i) it becomes or may become unlawful for us to maintain or give effect to all or any of the obligations under these terms or otherwise to carry on our business;
(j) we or you are requested to do so by any governmental or regulatory authority whether or not that request is legally binding;
(k) we consider it necessary to do so if we suspect illegal activities, fraud or money laundering;
(l) we believe that you continuing to access the FSP could damage our reputation or goodwill;
(m) we have asked you to repay money you owe us and you have not done so within a reasonable period of time;
(n) you have been declared bankrupt or insolvent; or
(o) we believe that you have died or become of unsound mind.
We will tell you before, or as soon as reasonably possible after, we take any action under this section. We will also let you know why we’ve taken any action under this section, unless we are prohibited by law from notifying you. If we just freeze your BSC Account (and do not close it), we will unfreeze your BSC Account as soon as the reason(s) for freezing it no longer exists and will inform you by phone or email when your BSC Account is no longer frozen.
10.2 What happens if money in your BSC Account is frozen? If this happens, you will not be able to:
(a) send money in your BSC Account to another BSC Account or account;
(b) use your BSC Card.
11. Our Liability
11.1 Are there any limitations to our liability? We will not be responsible for losses resulting from us failing to meet our obligations because of:
(a) a legal or regulatory requirement or obligation;
(b) events outside our control;
(c) criminal or any other illegal actions of third parties resulting in damage to you or any other person; or
(d) the freezing of your BSC Account when implementing legal requirements including those in relation to anti-money laundering and counter-terrorist financing.
If you cannot use your BSC Card for any reason we will only be responsible to you for replacing the BSC Card.
In addition, we will only be responsible for any loss that we could have foreseen at the time you agreed to these terms. We won’t be responsible for any of the following, whether direct or indirect, that arises in connection with these terms:
(e) loss of income or profit;
(f) loss of goodwill or damage to your reputation;
(g) loss of business contracts or opportunities;
(h) loss of anticipated savings; or
(i) consequential loss.
We will use reasonable efforts to make your BSC Account and the services available to you, but we will not be liable to you for any loss or damage arising if they are unavailable at any time, or if access is interrupted.
Nothing in these terms removes or limits our liability for death or personal injury or any other harm resulting from fraud or fraudulent claims and statements.
12. Your liability
12.1 You agree and understand that if your balance becomes negative (for example because you do not have enough money to cover fees you owe us) you must top up your account with the required amount to correct the negative balance immediately.
12.2 If you have breached these terms and this has caused us to suffer a loss:
(a) you will be responsible for any losses we suffer as a result of your action;
(b) if your actions result in us losing profits, you may also be responsible for these losses; and
(c) you will be responsible for any reasonable legal costs that arise as a result of our losses.
13. Charges, fees and interest
13.1 Do we charge any fees? Yes, our fees are set out on our website, please click here to see them (Fee and Charges).
13.2 If you don’t have enough money in your BSC Account to pay the fees or other amounts you owe us, we can recover the amount by:
(a) taking the amount you owe us from your stored card;
(b) exercising our right of set-off; and/or
(c) taking other legal steps to recover the money you owe us, such as instructing lawyers or debt collectors.
If we take any or all of these steps, we might charge you our reasonable costs.
13.3 Are there any third-party fees you should be made aware of? Yes, in some circumstances a number of financial institutions may be involved in an international transfer of money, and such financial institutions may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. For example, in the event that you want to send AUD500 to an overseas bank account, AUD500 will leave your BSC Account but the beneficiary’s bank and other banks which handle the money on its way to the beneficiary’s bank might deduct their own charges and perhaps only AUD494 will arrive in the beneficiary’s account. We have no control over the fees and charges external to the FSP and you agree to accept the fees and charges of bank and financial institutions involved in the payment.
13.4 What happens if you fail to pay us on time? Without limiting the other sections in these terms, if you owe us money and fail to pay us on time, we reserve the right to charge interest on the outstanding sum at 4% per annum above the RBA Rate of the Reserve Bank of Australia from time to time in force. Such debt shall be compounded monthly and we shall be entitled to claim from you the reasonable costs in recovering any sums overdue. Amounts due under this section may at our reasonable discretion be converted to euro or any other currency at a rate to be reasonably determined by us.
14. Data Protection
By agreeing to these terms, you confirm that you consent to us accessing, processing and retaining personal data relating to you for the purpose of the provision of payment services. You can withdraw your permission by terminating these terms. If you do this, we’ll stop using your information for the purpose of providing our services, but we may need to keep your information for legal reasons.
15. Our duty of confidentiality
15.2 When might your confidential information be shared? We share information with (and receive information from) other companies in our Group, other companies that provide services through the Platform, Hay, our employees, officers, representatives or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with these terms. This information will include the fact that you are our client, the services we provide to you, your account number, your account balance(s), operations performed or being performed on your behalf, your debt obligations to us, circumstances of providing the financial services to you, your financial situation and assets, other commercial information you have provided to us when opening the account and your activities, plans, debt obligations or transactions with other persons. We may also share your confidential information: (a) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority;
(b) with any banks we or Hay work with to provide you with the services; and
(c) any third-party suppliers which we work with or you contract with when you are provided with services through the Platform;
(d) with third party suppliers which assist us in our goal to prevent fraud and/or money laundering and/or terrorist financing.
15.3 By agreeing to these terms you understand and confirm that in case you haven’t changed your preferences on the FSP, other users of the FSP having you in their contact list will be aware of the fact that you have a BSC Account. You can change your preferences at any time.
16. Restrictions on your use of our services.
16.1 Are there any restrictions on your use of the FSP, your BSC Account or your BSC Card? Yes. You must not:
(a) use our services for illegal purposes (for example, committing fraud or purchasing an illegal item);
(b) use our services in a way that we reasonably believe might harm our ability to provide our services;
(c) control or use a BSC Account that is not yours;
(d) give anyone else the ability to spend money using your BSC Card (for example by giving them your smart device which has the BSC Card as a payment option on it or give them your BSC Card number); or
(e) allow anyone else to have access to or use your account on the FSP.
17. Our intellectual property
All the intellectual property in our services (for example, the content in our app and on our website, our logo and card designs) is owned and/or licenced to be used by FCG Financial Services Pty Ltd and is being used by us and other companies in our Group to provide services to you. You must not use this intellectual property as your own, except to enjoy our services. You also must not reverse-engineer any of our services (that is, reproduce them after a detailed examination of their construction or composition). Any unauthorised use of our intellectual property is strictly prohibited.
18. Complaints and legal proceedings
18.1 How do you make a complaint about the service provided? If you feel that we have not met your expectations in the delivery of our services or if you think we have made a mistake, please let us know. You may let us know via the chat function/customer support on the Platform. Please make it clear that you wish to make a complaint. We have internal procedures for handling complaints fairly and promptly. A copy of our Complaints Procedure is available upon request.
18.2 What if you are still not happy once we have responded to your complaint? If you are unhappy with how we have dealt with your complaint, you can refer you complaint to Hay via [email protected]. If Hay can’t immediately respond to your complaint, Hay will:
(a) let you know who is handling your complaint;
(b) keep you informed of what is happening; and
(c) aim to revolve your complaints within 21 Business Days.
18.3 If Hay is unable to resolve your complaint to your satisfaction within 30 Business Day, you may refer it to the Australian Financial Complaints Authority. In this case the Australian Financial Complaints Authority would act as the out of court dispute resolution authority. The methods by which you can make a complaint are set out on the Australian Financial Complaints Authority’s website which is https://www.afca.org.au/make-a-complaint/complain. Examination of the complaint by the Australian Financial Complaints Authority is free of charge.
18.4 Where can legal proceedings in relation to these terms be brought? Unless:
(a) you take your complaint to an out-of-court resolution body in accordance with section 18.3; and
(b) the out-of-court resolution body agrees that it has jurisdiction to hear your complaint and hears your complaint,
(c) either you or we can bring legal proceedings in the courts of Queensland. In addition, you may bring an action in the courts of any place where you have a statutory right to bring legal action under these terms.
If your legal action relates to regulated services, you can bring legal proceedings against Hay in accordance with Hay’s terms and conditions.
19. Other important terms
19.1 Do we have a right of set off? Yes, we may at any time or times, without notice to you, set-off any amount we or any member of our Group owe to you against any amount (including without limit any loss) you owe to us or any other member of our Group whether or not any such amount is present or future, liquidated or unliquidated and whether or not the amount we owe to you arises under these terms or any terms you have with any other member of our Group and irrespective of the currency. If the amounts to be set-off are expressed in different currencies, we may convert any such amount at a rate of exchange which we determine to be reasonable for the purpose of set-off. Any exercise by us of our right under this section shall be without prejudice to any of our other rights or remedies.
19.2 Do we provide advice? No. You must rely entirely on your own judgement or the judgement of separate advisers when using our services.
19.3 Can these terms and associated contracts be transferred to another person? Yes, we may transfer our rights and obligations under these terms and associated contracts to another organisation without your consent. We shall let you know in advance before doing so. You cannot transfer your rights under these terms unless we confirm that you can in writing.
19.4 Do we record telephone conversations? Yes, we record telephone and electronic conversations between us and may use them as evidence if there is a dispute between you and us. We shall destroy our recordings in accordance with our normal procedures. 19.5 Can you obtain a copy of these terms? Yes. A copy of these terms is always available on our website and on the Platform. In addition, we can provide you with a copy of these terms upon request.
19.6 What if you or we delay in taking action under these terms? Unless otherwise specified in these terms, if either party breaches these terms but the other party doesn’t enforce its rights, or delays in enforcing its rights, this will not prevent the other party from enforcing those or any other rights at a later date.
19.7 What if something unexpected happens? We shall have no liability to you if we are prevented from or delayed in performing our obligations under these terms by acts, events, omissions or accidents beyond our reasonable control provided that you are notified of such an event and its expected duration.
19.8 If a court finds part of these terms illegal, will the rest continue in force? Yes. Each section of these terms operate separately. If any court or relevant authority decides that any section is unlawful, the remaining sections will remain in full force and effect.
19.9 Will we ever make changes to these terms? Yes. We can change these terms by giving you 30 days’ notice via email. You shall be deemed to have agreed to these changes, unless you tell us that you want to terminate these terms before the date on which the changes come into effect. You are not able to change these terms. If we add a new service that does not change these terms, we may add the service immediately and let you know before you use it.
19.10 Does anybody else have any rights under these terms? No. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.11 Which laws govern these terms? These terms are governed by the laws of Queensland, Australia.