Terms and Conditions

1. ABOUT THESE TERMS AND CONDITIONS

These Terms and Conditions have been issued by EML Payment Solutions Limited ABN 30 131 436 532, Australian Financial Services License number 404131, and govern the use of the Marlo Corporate Card ("Card").

By applying for and using the Card, you agree to be bound by these Terms and Conditions in respect of the Card.

2. ABOUT THE CARD

Your Card is a prepaid, reloadable Mastercard that may only be used to purchase goods or services from the Allowed Merchant participating in an approved Meet Marlow campaign, solely for the purpose of facilitating that campaign. Each transaction made on the Card must fall within the applicable campaign spending and merchant limits and be authorised by Meet Marlow at the time of purchase.

If you attempt to use the Card outside the applicable campaign limits, the transaction will be declined and the Card will not be able be used for that purchase.

Card Format

The Card may be issued in digital form, physical form, or both, at the discretion of Meet Marlow and EML. Access to a physical Card is optional, may be subject to additional eligibility criteria determined by Meet Marlow, and may be governed by additional terms, conditions, or program rules notified to you separately.

3. HOW TO USE THE CARD

▪ The Card can only be used within the transaction limits set out in section 5.
▪ The Card will expire at the date shown on the Card, within the App or Device Wallet and cannot be used after the expiry date.
▪ The Card does not allow cash withdrawals at ATMs.
▪ The Card cannot be used over the telephone or the internet, and cannot be used at outlets overseas.
▪ The Card cannot be used for pre-authorised regular payments, any direct or recurring debit payments or for any mail order transactions.
▪ You cannot "stop payment" on any transaction after it has been completed. If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved. If the dispute cannot be resolved with the merchant, you should contact Meet Marlow, using the contact details set out in section 4.
▪ If you are entitled to a reimbursement for any reason relating to a transaction, you should contact Meet Marlow using the contact details set out in section 4.

In using the Card, you should be aware of the following risks and limitations:

▪ if you permit someone else to make a purchase with the Card, you will be responsible for any transactions initiated by that person with the Card;
▪ Unauthorised Transactions can happen using the Card if the Device which stored the Card is lost or stolen, a PIN is revealed to any other person, or because of fraud;
▪ you may unintentionally use the Card if they have multiple tokenised cards within your Device Wallet and you inadvertently use the Card for purchases;
▪ incorrect amounts may be charged if you do not confirm the correct transaction amount before using the Card for a Contactless Transaction;
▪ unintended transactions can happen if electronic equipment with which the Card is being used is operated incorrectly or incorrect details are input;
▪ you might not be able to re-participate in the same campaign if Unauthorised Transactions or unintended transactions occur;
▪ if the electronic network enabling the use of the Card is unavailable, you may not be able to undertake transactions or get information using the Card;
▪ we are not liable in any way when an authorisation is declined for any particular transaction regardless of reason, except to the extent that the liability is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents);
▪ EML or Meet Marlow may restrict or stop the use of the Card if excessive uses of the Card or other suspicious activities are noticed; and
▪ the Financial Claims Scheme does not apply in relation to the Card.

4. PARTIES INVOLVED IN THE DISTRIBUTION OF THE CARD

EML Payment Solutions Limited ABN 30 131 436 532 ("EML") is the holder of Australian Financial Services Licence ("AFSL") number 404131. Under its AFSL, EML is authorised to provide financial services including arranging for the issue of non-cash payment facilities such as the Card Facility.

The Issuer of the Card is EML and if you acquire the Card, you will have a contract with EML. When providing financial services in relation to the Card, EML acts on its own behalf.

EML can be contacted via:

Phone: 1300 739 889 between 8:30am to 5pm Queensland time
Mail: Locked Bag 5, Fortitude Valley BC, QLD 4006
Email: support@emlpayments.com.au
Website: www.emlpayments.com

EML has authorised Meet Marlow Pty Ltd ABN 80 690 581 410 ("Meet Marlow"), to distribute the Card. Within these conditions 'you' are the Card purchaser or user.

Meet Marlow can be contacted via:

Mail: Unit 1, 9 Moira Cres, Coogee NSW 2034 Australia
Email: hello@marlo.io
Website: https://marlo.io/

5. LIMITATIONS OF USE OF THE CARD

The following limitations apply to the Card:

▪ the Card may not be used for, and authorisation may be declined for, any illegal transactions; and
▪ some retailers may choose not to accept prepaid Mastercard cards.

The following table sets out the limits applicable to the Card. Merchants or other providers of facilities may impose additional limits. Transaction limits set out below represent maximum allowable limits and do not override lower campaign-specific limits enforced within the App.

Account/Loading/Transaction Limit

Point of Sale Limits

Maximum Point of Sale transaction amount (in any one transaction) $4,999
Daily Point of Sale limit per day (cumulative for all transactions) $4,999
Maximum number of transactions per day 15

6. PIN AND PASS CODES

Your PIN is provided in the App. You must not disclose your PIN to any other person.

A Pass Code may be provided to a your registered mobile phone or email to complete a transaction – this is often referred to as Two Factor Authentication. Where a Pass Code is provided for Two Factor Authentication, you must not disclose that Pass Code to any other person.

7. PIN CHANGE

You can change your PIN on the App.

If you have any technical difficulty retrieving your PIN, please contact EML.

8. SECURITY

You must make sure that the Card, Identifiers and any PINs or Pass Codes are kept safe and secure. The precautions we require you to take (Security Requirements) are set out below.

You must not:

▪ allow anyone else to use the Card;
▪ unnecessarily disclose the PAN;
▪ write, or carry, the PIN with the Card or record the PIN or Device Pass Code on anything carried with the Card that is liable to loss or theft simultaneously with a Device, unless you make a reasonable attempt to protect the security of the PIN or Device Pass Code;
▪ voluntarily disclose the PIN, Device Pass Code or Pass Code to anyone, including a family member or friend;
▪ allow someone else to register a Biometric Identifier on your Device; or
▪ provide any Device Pass Code to another in order to access your Device.

In order to safeguard the Card from unauthorised use, you should:

▪ memorise the PIN and never store it with or near your Card;
▪ always lock your Device;
▪ assign a Device Pass Code to unlock your Device;
▪ not share your Device Pass Code to anyone;
▪ not leave your Device unattended;
▪ remove any other registered Biometric Identifier which is not your own from your Device;
▪ ensure that any security details to access your Device or authorise a payment with your Device is not easily guessed;
▪ promptly report the loss, theft or unauthorised use of your Card or Device to Meet Marlow or EML;
▪ examine the account statement on the App to identify and report, as soon as possible, any instances of unauthorised use; and
▪ on the Expiry Date, destroy the Card and/or delete the Card from your Digital Wallet.

9. LOSS, THEFT AND MISUSE OF CARDS

If you know or have reason to suspect that a Card is lost or stolen or damaged or likely to be misused, or that someone else may know the PIN, Identifiers, or Pass Code, you must promptly notify Meet Marlow or EML. We will then suspend the Card to restrict further use.

You may be required to confirm details of the loss, theft or misuse in writing (and to provide particular information in the confirmation) and you must comply with that requirement to the extent reasonable.

If any lost Card is subsequently found, it must not be used.

Should your Card be retained by any ATM, the Card is deemed to be lost or stolen and hence cannot be recovered. In that event, you will need to contact Meet Marlow or EML and arrange to be issued with a replacement Card.

10. LIABILITY FOR UNAUTHORISED TRANSACTIONS

Where you are not liable

You will not be liable for losses resulting from Unauthorised Transactions where it is clear that you have not contributed to the loss.

You will not be liable for losses resulting from Unauthorised Transactions are caused by:

▪ fraud or negligence by our employees or agents, a third party involved in networking arrangements, or a merchant or their employee or agent;
▪ a Card, Identifier or Pass Code which is forged, faulty, expired or cancelled;
▪ a transaction requiring the use of a Card and/or Pass Code that occurred before you have received the Card and/or Pass Code (including a reissued Card and/or Pass Code);
▪ a transaction being incorrectly debited more than once to your Card; or
▪ an Unauthorised Transaction performed after you have informed us that your Card has been misused, lost or stolen, or the security of a Pass Code has been breached.

You are not liable for loss arising from an Unauthorised Transactions that can be made using an Identifier without the Card or a PIN. Where a transaction can be made using the Card, or a Card and an Identifier without a PIN, you are liable only if you unreasonably delay reporting the loss or theft of a Card.

Where you are liable

You are liable for loss resulting from an Unauthorised Transaction if we can prove on the balance of probability that you contributed to the loss through fraud or breaching section 10 of these Terms and Conditions. In those circumstances you are liable in full for the actual losses that occur between when you become aware of the security compromise, theft or misuse of a Card, or should reasonably have become aware in the case of a lost or stolen Card or breach of PIN or Pass Code security is reported to us, however:

▪ you are not liable for the portion of losses incurred on any one day in excess of any applicable daily transaction limit; and
▪ you are not liable for the portion of losses incurred in any period in excess of any applicable periodic transaction limit.

You will be liable for losses arising from an Unauthorised Transaction if we can prove on the balance of probability that you contributed to those losses by unreasonably delaying reporting the misuse, loss or theft of a Card, or that the security of a PIN has been breached. In those circumstances, you are liable in full for the actual losses that occur between when you become aware of the security compromise, or should reasonably have become aware in the case of a lost or stolen Card, but:

▪ you are not liable for the portion of losses incurred on any one day in excess of any applicable daily transaction limit; and
▪ you are not liable for the portion of losses incurred in any period in excess of any applicable periodic transaction limit; and
▪ you are not liable for the portion of losses that exceeds the Available Balance; and
▪ you are not liable for the portion of losses incurred if we and you had not agreed that the Available Balance could be accessed using the Card or Identifier and/or PIN used to perform the transaction.

If a PIN was required to perform an Unauthorised Transaction not already covered above, you will be liable for the least of:

▪ $150; or
▪ the Available Balance; or
▪ the actual loss at the time that the misuse, loss or theft of a Card or breach of PIN security is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily of other periodic transaction limit.

If you report an Unauthorised Transaction, we will not hold you liable for losses arising from the Unauthorised Transaction for an amount greater than your liability if we exercised any rights under Mastercard Scheme Rules, at the time of the report, against other parties to the Mastercard scheme.

11. TRANSACTIONS

Electronic statements of account showing Card transactions are available for viewing on the App.

If you notice any error (or possible error) in any transaction or statement relating to Card, then you must notify Meet Marlow or EML promptly. You may be asked to provide additional written information concerning any error (or possible error) and you must comply with that request to the extent reasonable.

It is your responsibility to regularly review your transaction history to identify Unauthorised Transactions.

12. CARD EXPIRY

The Card is valid until the expiry date shown on it or within a Device unless it is cancelled before then.

The Card cannot be used after expiry. If there is any value loaded on the expired Card, you cannot access any value loaded on the expired Card unless a replacement Card is issued to you.

We may issue you with a replacement Card if requested by you at any time after expiry. We reserve the right not to issue a replacement Card to you.

13. REPLACEMENT CARDS

If the Card is misused, lost or stolen, you should notify EML so that your Card can be cancelled.

You can request EML to provide you with a replacement Card.

A replacement Card will be arranged after you notify us that your Card or Card details are misused, lost or stolen in accordance with section 9 and the misused, lost or stolen Card has been blocked.

14. CARD REVOCATION AND CANCELLATION

You may ask for the Card to be cancelled at any time.

We may cancel or revoke your Card with at least 14 days notice to you.

If we ask you to, you must surrender or destroy the cancelled or revoked Card and you must not use the Card.

However, we may cancel or revoke the Card immediately and without notice if:

▪ we have reason to suspect the Card has been or is likely to be misused;
▪ you breach any of these Terms and Conditions and we reasonably consider that this is likely to have a material impact on your ability to meet the obligations of these Terms and Conditions);
▪ we have reason to suspect any illegal use of the Card, such as fraud or criminal activity; or
▪ you gave us false, inaccurate or incomplete information when you applied for the Card.

15. LIABILITIES AND DISCLAIMERS

We are not liable:

▪ if, through no fault of our own, a terminal or system does not work properly;
▪ if circumstances beyond EML control prevent a transaction, despite any reasonable precautions having been taken by us;
▪ for any loss resulting from any failure due to events outside our reasonable control;
▪ for any loss resulting from any system failure or industrial dispute outside our reasonable control;
▪ for any industrial dispute;
▪ for the way in which any refusal to accept the Card is communicated to you;
▪ for the App being available or functioning as expected;
▪ any temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labor disputes and armed conflicts;
▪ for any loss arising where a transaction is declined because it falls outside the applicable campaign limits;
▪ for any indirect, special or consequential losses;
▪ for any infringement by you of any currency laws in the country where the Card is issued or used;
▪ for any dispute between you and the supplier of any goods or services purchased using the Card;
▪ for our taking any action required by any government, federal or state law or regulation or court order; or
▪ for anything specifically excluded or limited elsewhere in these Terms and Conditions, except to the extent that the liability is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).

Our liability in any event shall not exceed the amount of the Available Balance except in relation to:

▪ Unauthorised Transactions; and
▪ consequential losses arising from a malfunction of a system or equipment provided by any party to a shared electronic network (unless you should reasonably have been aware that the system or equipment was unavailable or malfunctioning, in which case our liability is limited to correcting any errors and refunding any fees or charges imposed on you).

If any warranties or conditions are implied because of Part 2 of the Australian Securities and Investments Commission Act 2001 or any similar law in respect of services supplied under these Terms and Conditions or in connection with the Card, then our liability for a breach of such a warranty or condition will in any event be limited to:

▪ the supplying of the services again; or
▪ the payment of the cost of having the services supplied again.

EML:

▪ does not make or give any express or implied warranty or representation in connection with the Card (including quality or standard or fitness for any purpose), other than as set out in these Terms and Conditions or when the warranty or representation is imposed or required by law and cannot be excluded; and
▪ is not liable for any loss you suffer (including indirect or consequential loss) arising in connection with the Card (whether a failure to provide the Card or its loss, theft or destruction) except to the extent that the liability is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).

Any failure or delay enforcing a term of these Terms and Conditions does not mean a waiver of them.

16. ANTI-MONEY LAUNDERING AND COUNTER TERRORISM FINANCING OBLIGATIONS

EML is subject to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and the rules and other subordinate instruments under the Act ("AML/CTF Laws"). Before the Card can be issued, EML is obliged to collect certain identification information to identify applicants (and verify that information) in compliance with the AML/CTF Laws.

EML may be prohibited from offering services or entering into or conducting transactions with you if you do not provide this information.

You should be aware that:

▪ EML is not required to take any action or perform any obligation under or in connection with the Card if it is not satisfied as to your identity or where there are reasonable grounds to suspect that by doing so it may breach the AML/CTF Laws;
▪ transactions may be delayed, blocked, frozen or refused where we have reasonable grounds to believe that they breach Australian law or sanctions (or the law or sanctions of another country). Where transactions are delayed, blocked, frozen or refused, EML is not liable for any loss you suffer (including consequential loss) howsoever caused in connection with your Card, except to the extent that the liability is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents);
▪ EML may from time to time require additional information from you to assist us in the above compliance process; and
▪ where legally obliged to do so, EML will disclose the information gathered to regulatory and/or law enforcement agencies, banks, service providers or to other third parties.

You provide EML with the following undertakings and indemnify EML against any potential losses arising from any breach by you of such undertakings:

▪ you will not initiate, engage or effect a transaction that may be a breach of Australian law or sanctions (or the law or sanctions of any other country); and
▪ the underlying activity for which your Card is being provided does not breach any Australian law or sanctions (or the law or sanctions of any other country).

17. CHANGES TO THESE TERMS AND CONDITIONS

We may change these Terms and Conditions at any time by sending an individual notice to you by Electronic Communication. However, if the change is made for one or more of the following reasons we can implement such change immediately and we will notify you where reasonable following the change:

to comply with any change or anticipated change in any relevant law, code of practice or guidance;
to reflect any decision of a court, ombudsman or regulator; or
for security reasons where reasonably necessary to address security concerns or vulnerabilities.

18. GOVERNING LAW

Any legal proceedings concerning these Terms and Conditions, the agreement between you and EML (which is governed by these Terms and Conditions) or the Card may be conducted in the courts at Brisbane, Queensland, Australia.

19. DEFINITIONS

AFSL means Australian Financial Services Licence.

Allowed Merchant means the relevant merchant who have registered a campaign with Meet Marlow.

AML/CTF Laws means the Anti-Money Laundering & Counter-Terrorism Financing Act 2006 (Cth) and the Rules and other subordinate instruments under that Act.

App means the Marlo mobile application provided by Meet Marlow which allows you to access your Card details and add the Card to a Digital Wallet.

Biometric Identifier means a fingerprint, faceprint or any other similar biometric identifier.

Business Day means a day that is not a Saturday, Sunday or public holiday being a day on which banks are open for general banking business in Brisbane, Queensland.

Card means the Marlo Corporate Card issued by EML Payment Solutions Limited ABN 30 131 436 532, AFSL 404131.

Contactless Transaction means a transaction made by holding a Card (which is capable of making a Contactless Transaction) in front of a Contactless Terminal, to complete a transaction, rather than inserting the card into the terminal.

Device means a compatible smartphone or wearable device that supports a Device Wallet, enabling you to use a Card as a payment method for purchase transactions.

Device Pass Code means anything used to unlock and access a Device including, but not limited to, a password, numerical code, pattern or Biometric Identifier.

Device Wallet means the Apple Pay, Google Pay or Samsung Pay mobile applications that store the Tokenised Card on a Device.

EFTPOS/POS means Electronic Funds Transfer at Point Of Sale/Point Of Sale.

EFTPOS Device means the device included in an authorised interchange network used by merchants to accepts cards for purchases at POS, including for Contactless Transactions.

Electronic Communication means a message which is sent to you and which you receive electronically, in a form that you can retain for later reference such as by printing or by storing for later display.

EML means EML Payment Solutions Limited ABN 30 131 436 532, AFSL 404131.

Expiry Date means the expiry date on the front of the Card as shown on a Device.

Financial Claims Schemes means the scheme administered by the Australian Prudential Regulation Authority (APRA) to protect depositors of authorised deposit-taking institutions from potential loss due to the failure of these institutions.

Identifier means information that you know but are not required to keep secret and which you must provide to perform a transaction (for example, a Card number).

Issuer means EML Payment Solutions Limited ABN 30 131 436 532, AFSL 404131.

Mastercard means Mastercard International Incorporated.

Mastercard Scheme Rules means the Mastercard Scheme Rules and the Mastercard Technical Operational and Security Rules.

PAN means the 16-digit Primary Account Number, which is the number provided for the Card as shown in the Device.

Pass Code means a password or code that must be kept secret that is used to authenticate user identity or a transaction. Examples include a code delivered by text or email which is required to perform a transaction (often called 'Two Factor Authentication').

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about you when your identity is apparent or can reasonably be ascertained from the information or opinion.

PIN means the four-digit personal identification number which we issue to you to access some of the Card services.

POS Transaction means Point of Sale transactions.

Security Requirements means the Security Requirements described under section 10.

Terms and Conditions means this document.

Unauthorised Transaction means a transaction not authorised by you but does not include any transaction carried out by you or by anyone performing the transaction with your knowledge and consent.

we, us, our means EML and, except where the context indicates a different intention, also includes any agent acting on behalf of EML.

MARLO CORPORATE CARD TERMS AND CONDITIONS