Common use of Liability for Unauthorised Charges Clause in Contracts

Liability for Unauthorised Charges. For unauthorised charges, provided that you, the business and any Employee Card Members complied with this agreement including the section ”Use of your Card(s)/Codes” and provided that you, the business and any Employee Card Members did not contribute to, were not in any way involved in or did not benefit from the theft, loss or misuse of the Card then you, the business and any Employee Card Members will not be liable to us for any unauthorised charges, unless you have delayed notifying us, in which case you will be liable for all unauthorised charges until you did notify us. If you, the business or any Employee Card Members did not comply with this agreement, or if you, the business and any Employee Card Members contributed to, were involved in, or benefited from the loss, theft or misuse, you, the business and any Employee Card Members are liable for any charges for example, if you gave your Card and/or codes to another person to use. You, the business and any Employee Card Members agree to cooperate with us, including giving us a statutory declaration, affidavit and/or a copy of an official police report, if we ask. You, the business and any Employee Card Members also agree that we may provide information to regulatory authorities. Changes We may change any provision of this agreement at any time, including fees, liquidated damages, commissions, how we apply payments and benefits and services associated with the account and changes affecting your payment obligations. We will inform you in accordance with the “Communicating With You” section of this agreement and as required by law. We will give you at least 20 days advance written notice, except where the change reduces what you have to pay or the change happens automatically under this agreement. If you are dissatisfied with any change to this agreement, you may cancel your agreement as set out under the “You May Close Your Account” section of this agreement. We will give you a pro-rated refund of any annual fee if you cancel this agreement as a result of a change that we have made to your detriment and such cancellation is communicated to us within 30 days of our notifying you of that change. If we have made a major change or a lot of minor changes in any one year, we may give you an updated copy of this agreement or a summary of the changes.

Liability for Unauthorised Charges. For unauthorised charges, provided that you, the business and any Employee Card Members complied with this agreement including the section ”Use of your Card(s)/Codes” and provided that you, the business and any Employee Card Members did not contribute to, were not in any way involved in or did not benefit from the theft, loss or misuse of the Card then you, the business and any Employee Card Members will not be liable to us for any unauthorised charges, unless you have delayed notifying us, in which case you will be liable for all unauthorised charges until you did notify us. If you, the business or any Employee Card Members did not comply with this agreement, or if you, the business and any Employee Card Members contributed to, were involved in, or benefited from the loss, theft or misuse, you, the business and any Employee Card Members are liable for any charges for example, if you gave your Card and/or codes to another person to use. You, the business and any Employee Card Members agree to cooperate with us, including giving us a statutory declaration, affidavit and/or a copy of an official police report, if we ask. You, the business and any Employee Card Members also agree that we may provide information to regulatory authorities. Changes CHANGES We may change any provision of this agreement at any time, including fees, liquidated damages, commissions, how we apply payments and benefits and services associated with the account and changes affecting your payment obligations. We will inform you in accordance with the “Communicating With You” section of this agreement and as required by law. We will give you at least 20 days advance written notice, except where the change reduces what you have to pay or the change happens automatically under this agreement. If you are dissatisfied with any change to this agreement, you may cancel your agreement as set out under the “You May Close Your Account” section of this agreement. We will give you a pro-rated refund of any annual fee if you cancel this agreement as a result of a change that we have made to your detriment and such cancellation is communicated to us within 30 days of our notifying you of that change. If we have made a major change or a lot of minor changes in any one year, we may give you an updated copy of this agreement or a summary of the changes.

Liability for Unauthorised Charges. Unauthorised electronic charges – when you have no liability You will not be liable for unauthorised electronic charges: • where it is clear that you have not contributed to the loss; • that are caused by the fraudulent or negligent conduct of our staff or agents, companies involved in networking arrangements, or merchants or of their agents or employees; • that happen with a card after notification to us that the card has been misused, lost or stolen or that the security of the relevant code has been breached; • that happen before you receive the cards and codes; • that are made with forged, faulty, expired or cancelled cards or numbers (as applicable); or • that are the result of the same transaction being incorrectly debited more than once to the same account. Unauthorised electronic charges – when you are liable You will be liable for unauthorised electronic charges where we can prove on the balance of probability that you have contributed to the losses through: • fraud; • voluntarily disclosing the relevant code to anyone, including a family member or friend; • indicating the relevant code on the card; • keeping a record of the relevant code (without making any reasonable attempt to protect the security of the relevant code) with any one article or several articles carried with the card or liable to loss or theft simultaneously with the card; • when selecting or changing a relevant code, choosing a relevant code which represents as a numeric code the cardholder’s birth date or an alphabetical code which is a recognisable part of the cardholder’s name after we or our agents have asked you not to select such a code and told you of the consequences of doing so; • acting with extreme carelessness in failing to protect the security of the relevant code, you will be liable for the losses which occur before we are notified of the unauthorised use, loss or theft of the card or breach of code security. Where we prove on the balance of probabilities that you have contributed to losses resulting from an unauthorised electronic charge by unreasonably delaying in notifying us of the unauthorised use, loss or theft of the card or that the relevant code has become known to someone else, you will be liable for the losses which occur between when you became aware of the loss, theft or unauthorised use (or should reasonably have become aware in the case of a lost or stolen card) and when we were actually notified. However, even if we prove on the balance of probabilities that you have contributed to a loss resulting from an unauthorised electronic charge you will not be liable for: • that portion of the loss incurred on any one day which exceeds any applicable daily transaction limits; • that portion of the loss incurred in a period which exceeds any other periodic transaction limits applicable to that period; or • that portion of the loss on your account which exceeds the available balance. Unauthorised electronic charges – when you have limited liability Where a code was required to authorise the unauthorised electronic charge and we do not prove that you have contributed to the losses, your liability for any loss arising from an unauthorised charge is limited to the lowest of: • AU$150; • your available balance; and • the actual loss at the time we are notified of the misuse, loss or theft of the card or of the breach of security of the code (excluding that portion of the loss incurred on any one day which exceeds the applicable daily transaction limit). Unauthorised charges which are not electronic charges For unauthorised charges which are not electronic charges, provided that you, the business and any Employee Card Members you complied with this agreement including the section ”Use of your Card(s)/Codes” and provided that you, the business and any Employee Card Members you did not contribute to, were not in any way involved in or did not benefit from the theft, loss or misuse of the Card card then you, the business and any Employee Card Members you will not be liable to us for any unauthorised charges (that are not electronic charges), unless you have delayed notifying us, in which case you will be liable for all unauthorised charges until you did notify us. If you, the business or any Employee Card Members you did not comply with this agreement, or if you, the business and any Employee Card Members you contributed to, were involved in, or benefited from the loss, theft or misuse, you, the business and any Employee Card Members you are liable for any charges (that are not electronic charges) for example, if you gave your Card and/or codes to another person to use. You, the business and any Employee Card Members agree to cooperate with us, including giving us a statutory declaration, affidavit and/or a copy of an official police report, if we ask. You, the business and any Employee Card Members also agree that we may provide information to regulatory authorities. Changes We may change any provision of this agreement at any time, including fees, liquidated damages, commissions, how we apply payments and benefits and services associated with the account and changes affecting your payment obligations. We will inform you in accordance with the “Communicating With You” section of this agreement and as required by law. We will give you at least 20 days advance written notice, except where the change reduces what you have to pay or the change happens automatically under this agreement. If you are dissatisfied with any change to this agreement, you may cancel your agreement as set out under the “You May Close Your Account” section of this agreement. We will give you a pro-rated refund of any annual fee if you cancel this agreement as a result of a change that we have made to your detriment and such cancellation is communicated to us within 30 days of our notifying you of that change. If we have made a major change or a lot of minor changes in any one year, we may give you an updated copy of this agreement or a summary of the changes.

Liability for Unauthorised Charges. For unauthorised charges, provided that you, the business and any Employee Card Members complied with this agreement including the section ”Use of your Card(s)/Codes” and provided that you, the business and any Employee Card Members did not contribute to, were not in any way involved in or did not benefit from the theft, loss or misuse of the Card then you, the business and any Employee Card Members will not be liable to us for any unauthorised charges, unless you have delayed notifying us, in which case you will be liable for all unauthorised charges until you did notify us. If you, the business or any Employee Card Members did not comply with this agreement, or if you, the business and any Employee Card Members contributed to, were involved in, or benefited from the loss, theft or misuse, you, the business and any Employee Card Members are liable for any charges for example, if you gave your Card and/or codes to another person to use. You, the business and any Employee Card Members agree to cooperate with us, including giving us a statutory declaration, affidavit and/or a copy of an official police report, if we ask. You, the business and any Employee Card Members also agree that we may provide information to regulatory authorities. Changes We may change any provision of this agreement at any time, including fees, liquidated damages, commissions, how we apply payments and benefits and services associated with the account and changes affecting your payment obligations. We will inform you in accordance with the “Communicating With You” section of this agreement and as required by law. We will give you at least 20 days advance written notice, except where the change reduces what you have to pay or the change happens automatically under this agreement. If you are dissatisfied with any change to this agreement, you may cancel your agreement as set out under the “‘You May Close Your Account” ’ section of this agreement. We will give you a pro-rated refund of any annual fee if you cancel this agreement as a result of a change that we have made to your detriment and such cancellation is communicated to us within 30 days of our notifying you of that change. If we have made a major change or a lot of minor changes in any one year, we may give you an updated copy of this agreement or a summary of the changes.

Liability for Unauthorised Charges. For unauthorised charges, provided that you, the business and any Employee Supplementary Card Members complied with this agreement including the section ”Use of your Card(s)/Codes” and provided that you, the business and any Employee Supplementary Card Members did not contribute to, were not in any way involved in or did not benefit from the theft, loss or misuse of the Card then you, the business and any Employee Supplementary Card Members will not be liable to us for any unauthorised charges, unless you have delayed notifying us, in which case you will be liable for all unauthorised charges until you did notify us. If you, the business or any Employee Supplementary Card Members did not comply with this agreement, or if you, the business and any Employee Supplementary Card Members contributed to, were involved in, or benefited from the loss, theft or misuse, you, the business and any Employee Supplementary Card Members are liable for any charges for example, if you gave your Card and/or codes to another person to use. You, the business and any Employee Supplementary Card Members agree to cooperate with us, including giving us a statutory declaration, affidavit and/or a copy of an official police report, if we ask. You, the business and any Employee Supplementary Card Members also agree that we may provide information to regulatory authorities. Changes CHANGES We may change any provision of this agreement at any time, including fees, liquidated damages, commissions, how we apply payments and benefits and services associated with the account and changes affecting your payment obligations. We will inform you in accordance with the “Communicating With You” section of this agreement and as required by law. We will give you at least 20 days advance written notice, except where the change reduces what you have to pay or the change happens automatically under this agreement. If you are dissatisfied with any change to this agreement, you may cancel your agreement as set out under the “You May Close Your Account” section of this agreement. We will give you a pro-rated refund of any annual fee if you cancel this agreement as a result of a change that we have made to your detriment and such cancellation is communicated to us within 30 days of our notifying you of that change. If we have made a major change or a lot of minor changes in any one year, we may give you an updated copy of this agreement or a summary of the changes.