Important documents

Prospa Business Account Terms and Conditions

The documents linked below make up the Terms which you agree to by signing up for a Prospa Business Account

Prospa Business Account and Card Terms and Conditions

Product Disclosure Statement

Financial Services Guide

TMD Determination for Non-Cash Payment Product

 

Privacy and disclosure consent

Privacy Policy

Consent Information

Online terms and conditions

Prospa Business Account and Card Terms and Conditions

 

 

1. Welcome

Thank you for choosing a Prospa Business Account (‘Business Account’ or ‘Account’) and Prospa Card (also ‘Card’). The Card and Account are issued by Hay Limited. This document sets out the terms and conditions of your account and forms part of your contract with Prospa (‘we’, ‘us’ or ‘Prospa’). You will be considered to have agreed to these terms and conditions, on the earlier of when you first use your account or when you otherwise agree to these terms and conditions. We encourage you to read this document.

You should also read through the Product Disclosure Statement (PDS) and Target Market Determination (TMD) you were provided with when you applied for the Card and your Business Account as together these form Hay Limited’s agreement with you for use of these products.

• You can find the PDS here www.prospa.com/product-disclosure-statement
• You can find the TMD here www.prospa.com/target-market-determinations
• You can find the Financial Services Guide (FSG) here www.prospa.com/financial-services-guide

 

2. Prospa Card and Business Account

• The Prospa Card is a Visa Debit card. When you are issued with a Card you will receive a physical version of the Card which is linked to your Business Account within the Prospa App.
• Once you have loaded value to your Card, you can use it anywhere in the world (where Visa Debit cards are accepted) to access your Available Balance and make payments.
• You can use the Card to withdraw cash at ATMs (note there is a daily limit that applies see clause 7 fees and limits) . Your Business Account is linked to your Card. You can make Pay Anyone transactions from your Account via the Prospa App.
• You only access the value you have loaded to your Card. The Card is not a credit or debit card.

 

3. Opening your account

• To apply for a Prospa Card and Business Account, you must be at least 18 years old and comply with any of our eligibility criteria communicated during the onboarding process.
• You will need to supply certain information and documents to us, including basic KYC (Know Your Customer) information such as your name, residential or business address and date of birth, financial (and related) information and other relevant information (if relevant for identifying you.

 

4. Using your account

• You can load value to your Account by transferring from an account held with another financial institution.
• Payments to your Account will be credited to your Available Balance when they have cleared. Once the value is showing in your Account, you can use it to make payments on your Card.
• You can access your account through the mobile app or the web portal.
• You can make payments from your account in two ways:
  • To have funds transferred directly to a third party, you can log into your online Prospa account (including through the Prospa mobile app) and use the available features, including BPay, scheduled payments or direct transfer to facilitate a payment directly to a third party.
  • To use funds to purchase goods and services in store, you can use your Prospa Card to make payments at any location that accepts Visa Debit .
• You can only withdraw cash from your account electronically or from an ATM .
• You can make Pay Anyone transactions from your Business Account via the Prospa App. It is really important to enter the correct BSB and account information when authorising internet payments from your Hay Issued Account. Where you enter the wrong information:
  • Funds may be credited to the account of an unintended recipient if the BSB number and/ or identifier do not belong to the person you name as the recipient; and
  • If you enter the incorrect details it may not be possible to recover funds from an unintended recipient.

 

5. Prospa Card

• Once we have approved your application for a Prospa Card and Business Account, your Card will be sent to you via the post . Before you use your Card for the first time you will need to unfreeze it in the settings of your Prospa App.
• You will receive a business Visa debit card which you can use to make payments wherever Visa debit cards are accepted (Prospa Card). The Prospa Card is linked to a digital account (which is not a bank account) which can be accessed via the Prospa App (Prospa Account). Because the Prospa Account is not a bank account, the debit cards are not protected under the financial claims scheme.

Card transactions

• You can use your Card to make payments anywhere that Visa Debit cards are accepted.
• Within Australia you can make contactless transactions under $100 without using your PIN. Contactless limits may vary in different countries. Like with any transaction, please make sure you check the amount is correct on the terminal before authorising a contactless transaction.
• You can withdraw cash from your Available Balance using your Card at any ATM up to the limit that applies for ATM transactions. There are no Prospa fees for using ATMs. However, you may be charged fees by other financial institutions or ATM providers when using some ATMs.
• Hay does not charge a fee for using an ATM while outside Australia where you withdraw up to $500 in a calendar month. Where you withdraw more than $500 in a month, a fee of 1.5% of the withdrawal amount (in excess of the $500) applies. ATM operator fees may apply.
• You only access the value you have loaded to your Prospa Card. The Prospa Card is not a credit or charge card.
• We will deduct the amount of any transaction using your Prospa Card from your Available Balance. You can’t stop payment on a transaction after it has been completed. For mistaken or disputed payments please refer to the section below titled Liability for mistaken payments, unauthorised or fraudulent transactions. We do not allow negative balances on the Prospa Card and Prospa Business Account.
• Sometimes a transaction cannot be processed due to reasons outside of our control, like where there are network issues which may affect the relevant payment terminal. We are not responsible where a transaction authorisation is declined for any reason.

Restrictions on Use

• You can’t use your Prospa Card or Prospa Account for any illegal purposes including purchasing anything that is illegal under Australian law.
• You can’t sell or give your Prospa Card to any other person;
• Your business entity can only have one Prospa Card at a time.

Using your Card outside Australia

• All transactions in foreign currencies will be converted into Australian dollars.
• All foreign currency transactions will be processed using the foreign exchange rate determined by Visa at the time of settlement. We do not charge fees, margins, or spreads for foreign exchange payments.
• The actual foreign exchange rate that has been applied will be shown in your App on settlement.

Card or Business Account cancellation

• We can cancel the Prospa Card where we have concerns about security or to protect your Available Balance where we suspect the Prospa Card has been compromised.
• If we become aware that you haven’t done what you’ve agreed to do as set out in these Terms we may cancel your Prospa Card or Business Account. If this happens, we will let you know as soon as possible and refund your Available Balance to your nominated account.
• We may cancel your Prospa Card or Business Account by giving 90 days’ notice. If this happens, we will refund your Available Balance to your nominated account.

Card expiry

• The expiry date is shown on your Prospa Card. We will contact you prior to the expiry to let you know next steps for continuing to use your Prospa products after the expiry date.

 

6. BPAY

• You must hold an active Prospa Business Account to make BPAY payments through the BPAY scheme and these terms and conditions will apply.
• Prospa provides BPAY through Hay, which is a member of the BPAY scheme. We will inform you if Hay ceases to become a member.

Using the BPAY scheme

• When you instruct us to make a BPAY payment, you must provide us with the following information:
  • the account from which the BPAY payment is to be debited;
  • the BPAY biller code of the biller to be paid;
  • the amount of the BPAY payment; and
  • the biller customer reference number.
  • The date you wish to make the payment
• You acknowledge and accept that we are not obliged to make a BPAY payment if you fail to provide all of the information or provide inaccurate information.
• If the information is successfully provided, we will debit the specified account with the amount of that BPAY payment on the date you have provided.
• We will not make the BPAY payment if there are insufficient funds in the specified account for the date you have instructed us to make that payment.

BPAY Scheme Payments

• We cannot not accept an instruction to stop a BPAY payment once you have instructed us to make that BPAY payment.
• The processing of a BPAY payment may be delayed where:
  • there is a public or bank holiday on the day you tell us to make a BPAY payment;
  • you tell us to make a BPAY payment on a non-business day;
  • another financial institution participating in the BPAY scheme does not comply with its obligations under the BPAY scheme;
  • a biller fails to comply with its obligations under the BPAY scheme.
• Although any BPAY payment processing delay is not expected to continue for more than one business day, you acknowledge and accept that a delay may continue for a longer period.

Incorrect payment amount to a biller

• If you believe that you have made a mistake in a BPAY payment, you must contact us as soon as possible so that we can identify and assess the transaction.
• If you discover that you have instructed us to make a payment to a biller for an incorrect amount:
  • if the amount you instructed us to pay is greater than the required amount, contact the biller directly for a refund.
  • if the amount is less than the required amount, you should make a further BPAY payment to the biller for the difference.

Biller unable to process a payment

• If we are notified that your BPAY payment cannot be processed by a biller, we will notify you and credit your account for the amount of the BPAY payment.

Suspension of BPAY

• If at any time in the future continued use of the BPay service may cause loss to you or Prospa or we elect to not continue with the service, we may;
  • suspend or cancel your right to use BPay in relation to a particular Biller; and
  • suspend or cancel your registration to use BPay without prior notice.

Processing Times

• BPAY payments made on a Saturday, Sunday or Public Holidays are processed on the next business day. BPAY payments may take longer if the biller does not process a payment as soon as they receive its details.

Liability for mistaken payments, unauthorised or fraudulent transactions

• You must notify us immediately if:
  • you become aware that you may have made a mistake (except in relation to the BPAY payment amount – see clause 4) when instructing us to make a BPAY payment;
  • you did not authorise the BPAY payment from your account;
  • you believe the BPAY payment was not processed as per your instructions (including delays);
  • you think you have been fraudulently induced to make a BPAY payment.
• We will attempt to rectify any issues with your BPAY payment in the way described in this clause. If a BPAY payment is made on your account without your knowledge or consent, liability for that unauthorised BPAY payment will be determined in accordance with these terms. Otherwise, except as outlined in this clause, we will not be liable for any loss or damage you suffer as a result of using the BPAY scheme.
• If a BPAY payment is made to a person or for an amount that is not per your instructions and your account has been debited with the amount of that payment, we will credit that amount to your account. However, if you were responsible for a mistake resulting in that payment, you must pay Prospa that amount, and you authorise us to debit that amount from your account.
• If a BPAY payment is made in accordance with a payment direction which appeared to us to be from you or on your behalf, yet you did not give authority, we will credit your account with the amount of that unauthorised payment. However, you must pay us the amount of that unauthorised payment, and you authorise us to debit that amount to your account.
• If a BPAY payment is induced by the fraud of a person involved in the BPAY scheme, you must bear that loss (and you authorised us to debit that amount of the fraud induced payment to your account) unless some other person involved in the BPAY scheme knew of the fraud or would have detected it with reasonable diligence, in which case we will attempt to obtain a refund for you of the fraud induced payment.
• If you tell us that a BPAY payment made from your account is unauthorised, you must first give us your written consent addressed to the biller who received that BPAY payment, consenting to us obtaining from the biller information about your account with that biller or the BPAY payment, including your customer reference number and such information as we reasonably require to investigate the BPAY payment. We are not obligated to investigate or rectify any BPAY payment if you do not give us this consent. If you do not give us that consent, the biller may not be permitted under law to disclose to us information we need to investigate or rectify that BPAY payment.
• You indemnify us against any loss or damage we may suffer due to any claims, suits, demands or action of any kind brought against us arising directly or indirectly because you:
  • did not observe your obligations under these BPAY conditions; or,
  • acted negligently or fraudulently in connection with the other terms and conditions of your account.
• We are not liable for any consequential loss or damage you suffer as a result of using the BPAY scheme, other than loss or damage which is due to our negligence or a breach of any condition or warranty implied by law which cannot be excluded, restricted or modified at all or only to a limited extent.

 

7. Fees and Limits

Fees

• Current fees and charges that apply to your Card and Account can be found here: https://www.prospa.com/ba-online-terms-and-conditions
• We will debit your Available Balance for any fees that are payable to us.
• We will let you know at least 30 days before a change takes effect through the App of any fee changes so that you can stop using the Card if you don’t like our new fees. Merchants and financial institutions may also impose fees or surcharges.
• The fees that apply for the issue and use of the Prospa Card (as at April 2022) are as follows:

 

 

At any time, we can adjust the limits to protect your interests or ours and we will let you know if this happens. You can find the actual limits that apply to your Prospa Card and Prospa Account within the Prospa App or Portal. Please check the Limits section in the App so you know what limits apply to your use of the Card.

 

8. Security

Protecting your Prospa Card information and PIN

• It is important you keep your Prospa App and Prospa Card information and PIN and Passcode secure. This means that you must not unnecessarily disclose the card number on your Prospa Card, write a PIN or Passcode down either on the Prospa Card or on something you carry with the Prospa Card, or share your PIN or Passcode with any other person.

What to do when you suspect your Prospa Card is compromised or lost

• If you believe your physical Prospa Card is lost (and there’s a chance you’ll find it) you can simply freeze your Prospa Card in the Prospa App so that it cannot be used. While the physical card is frozen you can continue to make payments from your Business Account. After you have frozen your Prospa Card, you will not be able to use your Prospa Card until you unfreeze it.
• If you believe your Prospa Card has been lost, damaged or compromised (not just temporarily lost) then you are able to request a new Prospa Card in the Prospa Web Portal or contact us immediately on 1800 992 160.
• We may need to block, delay, freeze or refuse transactions or suspend or close your account where we reasonably consider that a transaction is fraudulent or in breach of anti-money laundering laws or where we have concerns regarding your money laundering or terrorism financing risk. We are not responsible for any loss that arises where this occurs. Where we can, we will let you know why we have stopped the transaction. However, in some cases our legal obligations will stop us from being able to tell you.

 

9. Responsibility for mistaken or unauthorised transactions

Where you think a transaction is unauthorised or is otherwise incorrect, please get in touch with us immediately via the Prospa App, 1300 714 530 or [email protected] and provide as much information as you can about the relevant transaction so we can investigate further.

There are specific circumstances and time frames where we can claim a refund in connection with a disputed transaction. This means that our ability to investigate a disputed transaction is limited to the time frames imposed by payment service providers and schemes that we deal with so it is important to let us know as soon as possible after you become aware of a disputed transaction.

When might Prospa suspend or block a Prospa Card due to unusual activity?

• Prospa may temporarily block, suspend or terminate your Prospa Card or Business Account without notice if we suspect fraud or an unauthorised transaction has occurred, or where we are required by applicable laws
• We will endeavour to minimize disruption to you and will contact you to validate the transaction or activity before removing the suspension.

Mistaken payment
Where you make a mistake when making a payment, we will try to reverse the transaction and retrieve your funds. However, if we can’t reverse the transaction, we are not responsible, and you will be liable for the mistaken payment.

Incorrect payments/issues with a purchase
If you have a problem with a purchase made with your Prospa Card or a disputed transaction, the first step is to get in touch with the merchant you made the purchase from.

If you cannot resolve the matter with the merchant, contact us about the disputed transaction via the Prospa App.

Lost, stolen Prospa Card or compromised PIN

You will not be responsible for unauthorised transactions:

• that occur before your Card is issued to you;
• that occur after you have frozen or cancelled your Card and while it remains frozen; or
• where you didn’t contribute to the unauthorised transaction.

We may consider that you have contributed to an unauthorised transaction where:

• you have not kept your Card, PIN or Passcode reasonably secure; or
• there was an unreasonable delay in freezing or cancelling your Card where you believed it was lost, stolen or otherwise compromised.

Transaction history

You can view your transaction history in the App at any time. We take security seriously but please regularly check it to make sure there is nothing unusual such as:

• transactions you don’t recognise;
• transactions you didn’t authorise;
• transactions where you never received the relevant goods or services;
• transactions where the purchase price differs to the purchase amount; or
• you think a transaction may have been duplicated.

 

10. Closing your account

• You can close your Business Account via the Prospa App. We need to wait for all payments to be settled before your Business Account is closed. After your Business Account is closed, you will no longer be able to use your Prospa Card.
• You will remain liable for any transactions that were not processed, or that occur, on your Business Account (including, but not limited to, outstanding merchant purchases) at the time the Business Account is closed.
• You must also pay to us all unpaid fees and charges (and any outstanding amounts in relation to an overdraft, if applicable) prior to closing the Business Account.

 

11. Complaints and notices

Complaints

You can find our complaints process here which sets out what you can do if you have any complaint or dispute relating to you Prospa Visa Debit Card or Prospa Business Account.

Escalating a Complaint

If we are unable to resolve the dispute to your satisfaction, you may apply to the Australian Financial Complaints Authority (AFCA). AFCA provides fair and independent financial services complaint resolution that is free to consumers. It’s important you raise your concerns with us first before going to AFCA, as AFCA will generally encourage this before they will investigate. The contact details for AFCA’s details are:

• Australian Financial Complaints Authority
  Website: afca.org.au
  Email: [email protected]
  Phone: 1800 931 678 (free call)
  Mail: Australian Financial Complaints Authority, GPO, Box 3, Melbourne VIC 3001

How we communicate with each other

• You can contact us via the Prospa App or the Prospa website.
• We may give you any information, notices or other documents related to the Prospa Card or Business Account by:
  • notification (including a push notification) or message sent to you or your device through the Prospa App;
  • notification on the website;
  • by email to the email address recorded for you in the Prospa App;
  • by letter to the address recorded for you in the Prospa App.

 

12. Privacy

We will collect, handle and use your personal information in accordance with our privacy policy available at https://www.prospa.com/privacy-policy.

 

13. Limits and responsibilities

• We are responsible for things that occur that are directly our fault. This includes your Available Balance being incorrectly debited due to our error or our fraud.
• We are not responsible for matters outside our control including but not limited to;
  • where a merchant does not accept your Prospa Card;
  • delays or interruptions not caused by us;
  • transactions not being able to be processed, despite us taking reasonable measures;
  • a dispute between you and the supplier of goods or services purchased with the Prospa Card.
  • Where we are responsible, to the extent permitted by law and Visa scheme rules, the most we are responsible for is the value of a transaction processed due to our error or, for other things that we may be responsible for, the amount of your Available Balance.
  • If the laws in Australia impose any guarantees, warranties or conditions on the Prospa Card or Business Account, then our liability for a breach of such guarantee, warranty or conditions will be limited to:
    • supplying the services again; or
    • the payment of the cost of having the services supplied again.

 

14. Changes to these terms

• As the issuer of the Card and Account Hay Limited can make any necessary changes to the Card and Account Terms and Conditions, PDA, TMD or FSG. Prospa will upload the new Terms to our website and letting you know about the changes via the Prospa App. If you keep using your Prospa Card or Business Account after the change becomes effective, this shows that you agree to the changes.
• Where we decide to charge new fees or increase our fees or any other changes are made which are not in your favour, we will give you at least 30 days’ notice before the change so you can stop using your Prospa Card or Business Account if you don’t like the change.

 

15. Governing Law

• The laws of New South Wales will govern the Prospa Card and Business Account, and any legal questions concerning these Terms.

 

16. Meaning of words

In these Terms, words that have a capital letter have the following meaning:

• Available Balance: means the value stored on your Card and available in your Account at a particular point in time (in AUD) which you can see in the Prospa App.
• Account or Business Account: means the digital account that is linked to your Card and issued by Hay Limited. The Account represents your Available Balance but is not a bank account.
• Card or Prospa Card : means the physical reloadable Debit Visa card which Hay Limited issues to you for use wherever you see the Visa acceptance marks.
• Pay Anyone: means a payment from your Account to another person’s account with an Australian Financial Institution by using the BSB and account number of the person to whom you are making the payment.
• PIN: means the 4-digit personal identification number used to protect access to your Card which is created by you when signing up.
• Prospa Representative means an individual paid by Prospa Advance to promote, market or provide customer service for the Prospa Card and Account
• Unauthorised Transactions: means a transaction which you haven’t authorised and without your knowledge and consent.
• Visa: means Visa Worldwide PTE Ltd.
• Cardholders: means the person to whom a Prospa Business Account and Visa Debit Card is issued by Hay.
• Hay: means the Hay Limited ABN 34 629 037 403 the Card and Account Issuer and holder of the Australian Financial Services Licence No. 515459
• Issuer: means Hay Limited ABN 34 629 037 403
• Prospa Business Account: means the digital (virtual) account issued by Hay to which the Cardholder can transfer funds and to which the Prospa Visa Debit Card is linked.
• Prospa Visa Debit Card: means a physical debit Visa card which is issued by Hay, and which is linked to the Prospa Business Account.
• Prospa Business App: means the Prospa App through which Business Account customers will access their Prospa Business Account and Prospa Visa Debit Card.
• Merchant: means authorised vendors who can accept and process a Visa Debit Card.

Product Disclosure Statement

 

1. About this Product Disclosure Statement

This document forms the Product Disclosure Statement (“PDS”) for your Prospa Business Account and Prospa Card (the “Card and Account”). The PDS contains essential information, including the fees and other costs that apply to the Card.

This PDS is issued by Hay Limited ACN 629 037 403 Australian Financial Services Licence (AFSL) No.515459 (“Hay”) as a requirement under the Corporations Act 2001. This PDS is an important document designed to assist you in deciding whether to acquire the financial product to which it relates – the Card and Account. You should read this PDS in full before using your Card and Account.

Your contract with us for the Card and Account is comprised of this PDS document incorporating the Terms and Conditions, which contains essential information regarding your Card and Account. The product(s) are governed by the Terms and Conditions which are available in the Prospa App and Prospa’s Privacy Policy which is available at www.prospa.com/privacy-policy

You should also read through the Financial Services Guide (FSG) and Target Market Determination (TMD) you were provided with when you applied for the Card and your Business Account as together with this PDS these form Hay Limited’s agreement with you for use of these products. You can find the TMD here. You can find the Financial Services Guide (FSG) here.

The information in this PDS does not consider your individual objectives, financial situation or needs. Any advice in this PDS is general advice only. You should consider the appropriateness of any general advice to your circumstances before acting on it.

 

2. Important information

This PDS has been prepared by Hay. Hay is the issuer of the Prospa Card and Prospa Business Account.

The information contained in this PDS does not take into account your individual objectives, financial situation or needs. Nothing is intended to constitute investment, legal, tax, accounting or other professional advice and you should seek professional advice on whether the Hay Issued Card and Hay Issued Account are appropriate for your particular circumstances.

The PDS has not been lodged with the Australian Securities and Investments Commission (ASIC) and does not need to be lodged with ASIC. ASIC takes no responsibility for the contents of the PDS.

The PDS may only be used by people who receive it in Australia. The information in this PDS does not constitute an offer in any country other than Australia. The distribution of this PDS in countries outside Australia is limited and may be restricted by law. People who come into possession of this PDS who are not in Australia should seek advice on any such restrictions that apply.

The information in this PDS is subject to change and is up to date at the date of this PDS. Where new information is materially adverse, we will issue a new PDS or supplementary PDS. However, where the information is not materially adverse, we will not issue a new PDS or supplementary PDS, but you will be able to find the updated information on Prospa’s website at www.prospa.com/product-disclosure-statement.

Changes to the PDS

The information in this PDS is subject to change from time to time and is correct and current as at the date stated on the front cover.

Information regarding your Card may need to be updated from time to time. Any updated information that is not considered to be materially adverse to Cardholders will be made available on the Website. Any updated information that may be materially adverse to Cardholders will be included in a replacement or supplementary PDS.

The Card is not a credit or charge card, and the Card Stored Value does not earn interest. Your balance is not a bank deposit.

 

3. Parties involved in the distribution of the Card

Hay limited ABN 34 629 037 403 (“Hay”), is the holder of Australian Financial Services Licence (AFSL) No. 515459. Hay is a principle member of Visa Inc. Under its AFSL, Hay is authorised to provide financial products and or services including the issuing of non-cash payment facilities such as the Card and the Account. When providing financial products and or services to the customer, Hay acts on its own behalf.

Hay, as the Issuer and Prospa Advance Pty Ltd ABN 47 154 775 667 (Prospa) have entered into an agreement for Prospa to distribute and provide factual product advice on behalf of Hay with regard to the issued non-cash payment financial products.

Other than assisting with factual product information and customer service support, Prospa is not authorised to advise the customers in relation to financial products and or services issued by Hay.

Prospa can be contacted via:

• Phone: 1300 714 530
• Email: [email protected]
• Mail: Level 1, 4-16 Yurong St, Darlinghurst 2010
• Website: www.prospa.com

 

 

4. Card Issuer

The Issuer of the Card is Hay and if you hold an approved Card and Account, you will have a contract with Hay Limited. For customer service and account queries please contact Prospa using the details provided in section 3 above.

 

 

5. Roles of the Card Distributor and Issuer

Prospa is responsible for the distribution and provision of factual product information about the Card and Account as issued and approved by Hay, Prospa is also authorised to provide customer service support.

The Available Balance on your Card is held in a client segregated monies account maintained at an Australian Authorised Deposit holding Institution (ADI). Hay is responsible for the settlement of transactions using the Card. Hay holds the Available Balance on trust for you, in accordance with this PDS and the Terms and Conditions and you acknowledge that the Available Balance can be used to meet our settlement obligations in respect of your transactions and to provide security for our settlement obligations.

Neither Prospa nor anyone else acting on its behalf, has the authority on behalf of Hay to:

• tell you anything about the Card that is inconsistent with the information in this PDS.
• give you personal financial product advice (i.e., financial product advice that has considered one or more of your objectives, financial situation and needs) about the Card; and
• do anything else on Hay’s behalf, other than marketing, arranging for the issue of and providing customer services for the Card.

 

6. Who is Eligible for the Card?

To be eligible for the Card you must be:

• 18 years of age or older;
• an Australian resident; and
• an approved applicant for Prospa.

 

7. About the Prospa Card/Account issued by Hay

• The Prospa Card and Prospa Business Account are financial products that are regulated by the Corporations Act 2001 (Cth).
• You can obtain a Prospa Account and Prospa Card via Prospa.
• You can load (and reload) value to the Prospa Account and Prospa Card by transfer from an account held with another financial institution.
• The Card is linked to your Account.
• Once you have loaded value to your Card, you can use it anywhere in the world (where Visa Debit cards are accepted) to access your Available Balance and make payments.
• You can use the Prospa Card to withdraw cash at ATMs (subject to daily limits).
• Your Hay Issued Account is linked to your Prospa Card. You can make Pay Anyone transactions from your Prospa Account via the Prospa App.
• You can only access the value you have loaded to your Prospa Card. The Prospa Card is not a credit or charge card.
• Your Prospa Account is not a bank account, and no interest will be payable.

 

8. Significant Benefits to the Prospa Card/Account Holders

The significant benefits of the Prospa Card are:

• it reduces the need to carry cash and is a convenient way to make payments at merchants who accept Visa Debit;
• it is reloadable, you can add extra funds to it as many times as you like (subject to daily limits);
• you can only access the value that you have loaded which helps you control spending;
• your Prospa Card can be used on the internet or telephone to make payments;
• your Prospa Card can be used to withdraw cash at ATMs (subject to daily limits);
• Prospa does not charge customers currency conversion fees apply (although other financial institutions involved in the conversion may do so);
• Prospa do not charge customers a fee for using an ATM while overseas where you withdraw up to $500 in a calendar month. Where you withdraw more than $500 in a month, a fee of 1.5% of the withdrawal amount (in excess of the $500) applies.
• ATM operator fees may apply.
• if your Prospa Card is lost or stolen you can immediately freeze your account through the Prospa app
• you can cancel the Prospa Card within the Prospa app.

Significant benefits of the Prospa Account are:

• you can see detailed information about merchants you purchase goods from;
• you can make payments from and receive payments to your Prospa Account instantly in the same way you do a bank account (even though the Prospa Account is not a bank account);
• you can easily search all transactions via amount, date, merchant name and location;
• you can track monthly spending via categories and merchants;
• you can track travel spending per country or trip automatically with travel mode;
• you can easily see foreign exchange values of your held funds in $AUD to local international currency;
• you receive the Visa exchange rate at the interbank rate at the time of settlement (no margin, spread or fees charged by Prospa or Hay Limited as the issuer ).

 

9. Significant Risks of the Prospa Card and Account

The significant risks of the Prospa Card/Account are:

• unauthorised transactions could happen if your Prospa Card is lost or stolen, if your PIN is revealed to an unauthorised person, as a result of fraud, or if you breach the terms and conditions of the Prospa Card and Account, Issued by Hay outlined in this PDS or the Prospa Card/Account terms and conditions;
• you might not be able to get your money back if unauthorised transactions or mistaken transactions occur. The more you load to your Prospa Account the more you could lose due to an unauthorised transaction;
• due to equipment errors, malfunctions or equipment being used incorrectly, the same transaction may be processed more than once, or transactions may not be processed at all;
• merchants and ATM operators (domestic and international) may charge fees for using the Prospa Card at their facilities and these fees may increase;
• if the network enabling the use of a Prospa Card or Account Issued by Hay is unavailable, you may not be able to perform transactions or get information using the Prospa Card;
• merchants may, at their discretion, refuse to accept the Hay Issued Card as a method of payment. You should always check with the merchant that it will accept the Hay Issued Card before purchasing any goods or services;
• you will not earn interest on any available balance that is stored on your Prospa Card or Account;
• the Financial Claims Scheme (see fcs.gov.au) does not apply in relation to your Hay Issued Card or your available balance. If Hay fails, any available balance held on your Hay Issued Card will not be protected by the FCS, and you may lose all or part of your available balance. The risks associated with the Hay Issued Card may therefore be increased when you load large amounts of money onto the Hay Card; and
• as Prospa has not considered your individual circumstances or needs for the Prospa card or Account and you should get your own independent tax advice on the impact that the Prospa Card or Prospa Account may have on your personal tax liability.

 

 

10. Fees

The fees that apply for the issue and use of the Prospa Card are as follows:

 

Limits

There are default limits that apply to the Prospa Card and Prospa Account for:

 

At any time, we can adjust the limits to protect your interests or ours and we will let you know if this happens. You can find the actual limits that apply to your Prospa Card and Prospa Account within the Prospa App or Portal. Please check the Limits section in the App so you know what limits apply to your use of the Card.

 

11. Cooling off rights

There are no cooling-off rights attached to the Prospa Card or Account. However, you may cancel the Hay Issued Card or close your Hay Issued Account at any time.

 

 

12. Problems or Disputes

When you provide feedback to us, we have the opportunity to improve our services to you. If you have a query about the Card, you should initially direct the query to Prospa.

Prospa can be contacted via:

• Phone: 1300 714 530
• Email: [email protected]
• Mail: Level 1, 4-16 Yurong St, Darlinghurst 2010
• Website: www.prospa.com

Prospa will commit to taking the following steps:

• keep a record of your complaint.
• acknowledge your complaint within 1 business day;
• do our best to give you our final response within 30 calendar days; and
• if we can’t complete our investigation within 30 calendar days, we’ll let you know why.

Once your complaint is resolved, we will check with you to make sure you are satisfied with how your complaint was handled.

Where your Card is used for Unauthorised Transactions, we will seek to reverse the transaction if we can under the Visa Scheme Rules. Your ability to dispute a transaction or reverse an Unauthorised Transaction may be lost if you do not notify us immediately. It is your responsibility to regularly review your online transaction history to identify Unauthorised Transactions. Under these Terms and Conditions, we may not be responsible for any loss to you if you do not dispute an Unauthorised Transaction within 45 days.

If we are unable to resolve your complaint to your satisfaction within 30 days, you may be eligible to escalate the complaint to Hay’s external dispute resolution service, the Australian Financial Complaints Authority (AFCA). AFCA provides fair and independent financial services complaint resolution that is free to consumers.

AFCA can be contacted at the following:

• Mail: GPO Box 3, Melbourne VIC 3001;
• Phone: 1800 931 678 (free call)
• Website: www.afca.org.au
• Email: [email protected]

 

 

13. Legal terms and conditions

The terms and conditions for use of the Prospa  Card/Account are set out in the Terms, which can be accessed at https://www.prospa.com/ba-online-terms-and-conditions. You should read and understand these terms before acquiring Prospa Card/Account as they primarily govern the legal relationship between you and us. You can download an electronic copy of the Terms via the Prospa website.

The Terms cover:

• how to use your Prospa Card/Account and restrictions of use;
• security requirements and what to do where you lose your Prospa Card/Account is compromised;
• what will happen where you make a mistaken payment, or an unauthorised transaction occurs;
• limits on what Prospa and Hay is responsible for;
• suspension and termination of your Prospa Card/Account; and
• changes to the terms and conditions.

The above dot points are a very high-level summary of what is covered in the Terms and not a substitution for the Terms. We strongly encourage you to read and understand the Terms and the Privacy Policy before obtaining the Prospa Card and Account.

 

 

14. Applicable laws

Privacy

We are committed to complying with the Australian Privacy Principles established under the Privacy Act. Our Privacy Policy sets out detailed information about how, why and when personal information is collected, disclosed, used, stored and otherwise handled by us. Our Privacy Policy is available at https://www.prospa.com/privacy-policy. You may request a copy of our Privacy Policy in hard copy.

Our Privacy Policy sets out:

• the purposes for which we collect your personal information;
• the consequences if you don’t provide your personal information to us;
• the third parties to which we disclose your personal information;
• how to access and seek correction of your personal information;
• how to complain about a breach of our obligations in respect of your personal information and how we will deal with such a complaint; and
• whether your personal information is likely to be disclosed by us to overseas entities and in which countries these entities reside.

Anti-Money Laundering and Counter Terrorism Finance Laws

The AML-CTF Laws require us to collect and verify certain identification information about you. We will collect personal information from third parties to verify your identity for this purpose as well.

We may be required to disclose certain information about you to AUSTRAC. We may not be permitted to tell you when this occurs. We may also be prohibited from fulfilling our obligations to you, such as continuing to provide you with the Prospa Card and Account. We may also be required by the AML-CTF Laws to delay or suspend the Prospa Card or your access to the Prospa Account.

Financial Services Guide

 

 

1. About this Guide

This Financial Services Guide (“FSG”) is prepared by Hay Limited ABN 34 629 037 403 Australian Financial Services Licence No. 515459 (Hay) Under its Australian Financial Services Licence, Hay is authorised to provide financial services including arranging for the issue of non-cash payment facilities such as Prospa Business Account and Prospa Card (“Card/Account”).

This FSG is issued by Hay. Hay and Prospa have entered an agreement that allows Prospa to market, promote and distribute the Hay issued non-cash payment products. This FSG is an important document, which provides information about the financial services offered by Prospa and is designed to assist you in deciding whether to use the services offered in this FSG.

Hay is the issuer of a Visa Debit card whereby users can load value onto the card to make payments wherever Visa prepaid cards are accepted (Prospa Card or Card).

The Card is linked to a digital account (which is not a bank account) which can be accessed via the Prospa App (Business Account or Account).

As an Australian Financial Services Licence holder, Hay is required to hold client monies with an approved Authorised Deposit-taking Institution.

Hay holds the client monies for Prospa customers with National Australia Bank.

It is important for you to know that Hay is not a bank and our prepaid cards are not protected under the financial claims scheme.

 

2. Important Information

This FSG is designed to assist you to make an informed decision about whether to use our financial services. It contains important information about:

• the financial services we provide and documents you may receive from us;
• fees and other benefits we may receive for providing the financial services to you; and
• how you can make a complaint to us and how we will deal with your complaint.

 

3. Documents you may receive

You will receive this document at the time you may be provided with a financial service.

You will also be provided with the product disclosure statement (PDS) before you sign up to our product(s). The PDS will provide you with information about the product, its features, benefits, risks, costs and other relevant information, available in the Prospa App and at www.prospa.com/product-disclosure-statement

The product(s) are governed by the Terms and Conditions which are available in the Prospa App and our Privacy Policy which is available at www.prospa.com/privacy-policy

You should read the Terms and Conditions and Privacy Policy before you decide to obtain our product(s).

 

4. After reading this FSG, you will know:

1. Who we are and how to contact us;
2. What financial services can be provided to you and how these services will be provided to you;
3. How we (and any other relevant persons) may be remunerated;
4. Whether any relevant associations or relationships exist that may influence our general advice;
5. How we maintain your personal information; and
6. How to access our internal and external complaints handling arrangements.

The content of this FSG is general information only and does not take into account any person’s particular needs or objectives. Hay provides no warranty as to the suitability, for any person, of the services outlined in this FSG.

If you need any more information than is contained in this document, please contact us. You have the right to ask us about our charges, the type of advice we will provide you, and what you can do if you have a complaint about our services.

 

5. About the Issuer Hay Limited

Hay is an Australian Financial Services Licensee, Licence No. 515459. Customer’s contact Prospa directly for all account and service queries.

 

6. What kinds of financial products and services can Prospa promote on behalf of Hay Limited?

Prospa has integrated the Hay non-cash payment product into their broader service offerings. Prospa is authorised under an agency agreement by Hay to market, promote and distribute a non-cash payment product to small business clients.

The Card is a facility for making non-cash payments (a Debit Visa product) issued by Hay.

This means that Prospa can:

1. Arrange for the issue of the Card by Hay to you;
2. Provide factual information in relation to the Hay issued Card; and
3. Publish or issue certain promotional material in relation to the Card.

Prospa and its associated companies are not authorised to provide (and Hay itself does not provide) personal advice about financial products. Personal advice is advice when your objectives, financial situation or needs have been or would be expected to be considered. This means that Prospa will not take your objectives, financial situation or needs into account whenever it gives general information (in publishing or issuing promotional material) about the Card.

It is your responsibility to decide whether any general information given by Prospa in its promotional material is suitable for you, or to get personal advice from a financial adviser who holds an Australian Financial Services licence or who is an Authorised Representative of an Australian Financial Services licence and who is authorised to provide personal advice.

Prospa will only provide factual information on the relevant non-cash payment products. Prospa cannot advise you on, or influence you in favour of, a financial product that is not a product that we are authorised to provide advice on.

Please be aware that Hay shall not be responsible where the Prospa Representative provides any services to you, which are outside of their authorisation limits. You should therefore ask the Prospa Representative to confirm specifically that the service or product relates to deposit and non-cash payment products, prior to acting on any information.

• A Product Disclosure Statement will be provided to you.
  Before or at the time you are offered the Card, Hay Limited will provide you with, or explain how to access, a Product Disclosure Statement (“PDS”) for the Card. The PDS contains information about the costs, benefits, risks and other features of the recommended financial product. You should read this information to enable you to make an informed decision prior to acquiring the Card.
• Can I provide Prospa with instructions?
  You may provide the Prospa  Representative with specific instructions by letter, email or other means (as agreed with the Prospa  Representative).
• Disclosure of any relevant conflicts of interest
  Hay and Prospa are not related entities. Prospa does not have any relationships or associations that might influence them in providing you with Prospa’s  services.

 

7. How you can provide instruction to Prospa

You can contact us by:

• Emailing – [email protected]
• Phone – 1800 992 160

 

8. What commissions, fees or other benefits are received?

Hay does not receive any commissions from any party in relation to issuing the customer with a non cash payment product. Hay charges fees for providing the services to the customer and Hay’s clients. The fees charged to the cardholder are set out in the PDS.

 

9. Associations and Relationships

Hay does not have any associations/relationships which could influence the financial services provided.

 

10. What should you do if you have a complaint?

If you have a complaint or dispute relating to our product(s) or the financial services we have provided to you, please follow the below procedure:

• Step 1
  Contact Prospa in the first instance via:
  • Email: [email protected]
  • Phone: 1300 714 530
  • Please provide a full explanation of your complaint. Prospa will respond within 5 business days.
• Step 2
  If you are not happy with the outcome, you may request that Prospa’s customer advocate review your complaint and Prospa’s proposed resolutions. The customer advocate may contact you for more information. The customer advocate will contact you with his or her decision.
• Step 3
  If you are still not satisfied with the decision or Prospa does not respond to you within 21 days after you make the initial complaint to Prospa, you can contact Australian Financial Complaints Authority (AFCA). AFCA’s details are:

• • Australian Financial Complaints Authority
  • Website: afca.org.au
  • Email: [email protected]
  • Phone: 1800 931 678
  • Mail: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001
  • You can only contact AFCA once you have followed the procedure above.

How to contact Prospa

• Email: [email protected]
• Phone: 1300 714 530

 

11. Compensation Arrangements

Hay holds professional indemnity insurance, which covers the financial services we are authorised to provide to you. This professional indemnity insurance satisfies the requirements of section 912B of the Corporations Act 2001 (Cth).

 

12. How to contact Hay

You can contact Hay via:

• Email: [email protected]
• Mail: Hay, P.O. Box 772, Surry Hills, NSW 2010

TMD Determination for Non-Cash Payment Product

Note that when printed, this document may have been superseded. Please refer to https://www.prospa.com/target-market-determinations  for the most current version of this document. Hay Limited ACN 629 037 403 Australia Australian Financial Services License 515459 (Hay) effective July 2022

Document Control

Privacy Policy

Thank you for trusting us with your information. We recognise the importance of protecting your privacy, and being clear about how we collect, use, share, store and protect your information is a vital part of our relationship with you.

1. Your privacy is important to us

This Policy outlines how Prospa Advance Pty Ltd and Prospa NZ Ltd (as applicable) (collectively, “Prospa“) and their related companies and permitted assigns (“we / us / the Group“) collect, disclose, use, store or otherwise handle personal information.

It is important to us that we manage your personal information securely and consistently with relevant legislation, including:

• If you are in Australia, the Privacy Act 1988 (Cth); and
• If you are in New Zealand, the Privacy Act 2020,

(each a “Privacy Act“), and the Credit Reporting Privacy Code (as applicable to your jurisdiction) as amended or replaced from time to time (“Privacy Laws“).

This Policy explains:

• The kinds of personal information (including credit-related information) we collect;
• The purposes for which we collect this information;
• How we manage the personal information that we collect about you;
• How you can seek access to and correct that information; and
• If necessary, how you can make a complaint relating to our handling of that information.

This policy does not limit our rights and obligations under Privacy Laws.

This policy is not limited to current customers or guarantors of customers (where applicable) – it relates to all other individuals who deal with us, whether in relation to the provision of credit or otherwise. By using our services or otherwise dealing with us, you are deemed to agree to our Privacy Policy.

 

2. Information we collect from you

2.1 When we collect Personal information

We collect information about you and your interactions with us, for example, when you enquire, apply for, request or use our products or services, make a card payment or transfer money, phone us or visit any of our websites. When you use our website or mobile applications, we may collect information about your location or activity including your IP address, telephone number and whether you’ve accessed third-party sites. Some of this website information we collect using cookies.

This may include information collected directly from you and information that you authorise us to collect from third parties.

It is not mandatory for you to provide us with the personal information that we request – however if you do not do so it may affect the products and services that we can provide to you.

2.2 The Personal Information we collect

We will collect certain personal information about you depending on the circumstances in which the product or service is being applied for or provided.

This information can include:

• Key personal information such as your name, residential and business addresses, telephone numbers, email and other electronic addresses;
• Financial and related information, such as your occupation, accounts, bank account information (from prior to the loan being granted and ongoing for the term of the loan), assets, expenses, income, revenue, dependents, and regarding your employment, financial and business dealings and other relevant events;
• Your transaction history (with us and our associates or relevant third parties). This information includes products you may have used with us in the past, your payment history, and the capacity in which you have dealt or deal with us; and
• Other relevant information – depending on the circumstances this may also include your gender, marital status and health and medical information, membership of professional bodies, tax file number information and other government identifiers (e.g. if relevant for insurance purposes or to identifying you).

2.3 Information we collect from others

We collect information about you from others such as service providers, agents, your bank, advisers, brokers, employers or family members. For example, if you apply for credit, we may need to obtain a credit report from a credit reporting body. We will also obtain bank account information from your bank throughout the term of the loan. We may collect information about you that is publicly available, for example, from public registers or social media, or made available by third parties.

If you elect to use bank statements and third party account aggregation service providers in connection with our assessment of your application, you permit such third party services to access your banking transaction data linked to the online banking credentials you provide. The third party service provider will access your personal information for the purpose of providing this personal and business bank account data to us.

The third party service provider may access transactional data from any account that is associated with the login credentials that you submit. This may include personal accounts as well as business accounts. Your provision of banking login credentials to utilise such third party service providers does not provide us with your login credentials or passwords or the ability to access your internet banking (other than as stated above).

Through the use of such third party service providers, we will obtain up to the last twelve (12) months bank transactions on the date you apply for a loan, in addition to further ongoing bank transactions for the term of the loan, for the purpose of assessing any future loan application or making a future offer to you. We note that your bank’s terms may prohibit you from sharing your login, so you agree to appoint our third party service provider as your agent to access your internet banking on your behalf solely for this purpose and you consent to our ongoing access to this information for the term of the loan and the purposes outlined above.

Should you agree to the use of such a third party service provider, you will be subject to their terms and conditions and privacy policy which will govern any act or omission of that third party service provider in connection with your use of that service.

2.4 Sensitive information

The Privacy Laws protect your sensitive information, such as health information that’s collected on insurance or hardship applications. If we need to obtain this type of information, we will ask for your consent, except where otherwise permitted by law.

2.5 Information about other people

If you provide any personal information to us about another person, you confirm that you have the authority of that person to share their information with us and to permit us to hold, use and disclose their information in accordance with this Privacy Policy.  You must inform them of their rights to access and request correction of their information set out below.

 

3. How do we use your information?

In many circumstances, we will collect the above information primarily from you (or from someone who is representing or assisting you). However, there are certain instances in which we will collect information about you from third parties where it is unreasonable or impracticable to collect it directly from you.  For example, even where your application is for credit, we may collect information about you from a business which provides information about commercial credit worthiness for the purpose of assessing your application.

We use your information to:

• Establish your identity and assess applications for products and services;
• Determine your eligibility for, and comply with our obligations under, the Australian Government’s Coronavirus SME Guarantee Scheme (if applicable) or New Zealand Business Finance Guarantee Scheme (if applicable);
• Price and design our products and services;
• Administer our products and services, including assessing whether to make any future offer to you, and generally carry out our business functions and activities or disclose your information to a third party with a product or service that may be reasonably of interest to you;
• Manage our relationship with you, including fulfilling our obligations and exercising our rights under any agreement with you;
• Conduct and improve our businesses and improve our customers’ experience;
• Manage our risks and help identify and investigate illegal activity, such as fraud;
• Contact you, for example to invite you to review our products and services, if we suspect fraud on your account or need to tell you something important;
• Comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (NZ);
• Comply with our legal obligations and assist government and law enforcement agencies or regulators; and
• For identification and provision of products or services offered by us, any of our Group members or any third parties that may reasonably be of interest to you (refer to section 3.1 below).

We may also collect, use and share your information in other ways where you have authorised us to do so or where permitted by law.

3.1 Direct marketing

We may use your information for direct marketing, including by email or other electronic means.  If you no longer want to receive direct marketing, you can tell us by using any of the methods set out in section 9.

3.2 Gathering and combining data to get insights

Improvements in technology enable organisations to collect and use information to get a more integrated view of customers and provide better products and services. We may combine our customer information with information available from a wide variety of external sources (for example census or Bureau of Statistics data). We are able to analyse the data in order to gain useful insights which can be used for any of the purposes mentioned earlier in this policy. In addition, Group members may provide data insights or related reports to others, for example, to help them understand their customers better. These insights and reports are based on aggregated information and do not contain any information that identifies you.

3.3 How we use cookies and other tracking technologies

We also use cookies to improve your user experience when using our website and to learn how you interact with our content.

 

4. Who do we share your information with?

We share your information with other members of the Group, so that the Group may adopt an integrated approach to its customers. Group members may use this information for any of the purposes mentioned in this section.

4.1 Third parties

We may share your information with third parties where this is permitted or required by law, or for any of the purposes mentioned in section 3.

Third parties include:

• Your co-applicant(s) (if any);
• Group members based in Australia, New Zealand or overseas;
• Entities that provide services to us such as, identity verification, mailing houses or call centre operators;
• Service providers, for example law firms, market research / data providers, and loyalty program redemption partners;
• Service providers to whom we outsource certain functions, for example, direct marketing, customer review tools, statement production, debt recovery and information technology support, some of whom may contact you on our behalf;
• Brokers, agents and advisers and persons acting on your behalf, for example guardians or persons holding power of attorney;
• References that you provide to us, for example landlord details or trade references;
• The supplier of any goods or services financed with credit we provide;
• Guarantors or any person providing security for any service;
• Persons involved in arrangements that provide funding to us, including persons who may acquire rights to our assets (for example loans), investors, advisers, trustees and rating agencies;
• Claims-related providers, such as assessors and investigators, who help us with claims;
• Other financial institutions such as banks and credit providers or their authorised representatives or partners, or another third-party organisation or partner, including where such entities provide products and/or services that may reasonably be of interest to you;
• Auditors, insurers and re-insurers;
• Employers or former employers;
• Government and law enforcement agencies or regulators (including but not limited to the Department of the Treasury or other relevant agency of the Commonwealth of Australia in relation to the Australian Government’s Coronavirus SME Guarantee Scheme (if applicable), or the Crown or other relevant Government agency in relation to the New Zealand Government’s Business Finance Guarantee Scheme (if applicable));
• Credit reporting bodies – credit reporting bodies may collect the information we provide to them (including default information) and use it to provide their credit reporting services (see section 5 below);
• Entities established to help identify illegal activities and prevent fraud
• Overseas entities that provide products and services to us; and
• Any other parties that you authorise or that we are required or permitted by law to share information with.

4.2 Sending information overseas

Generally, we use customer service teams located within Australia or New Zealand.  However, we may send your information overseas, including to overseas Group members and to service providers or other third parties who operate or hold data outside Australia and New Zealand. Where we do this, we take reasonable steps to ensure that appropriate data handling and security arrangements are in place. Please note that Australian law or New Zealand law (as applicable) may not apply to some of these entities and the relevant entity may not be required to protect the information in a way that, overall, provides comparable safeguards to those in the Australian or New Zealand Privacy Act (as applicable).

We may also send information overseas to complete a particular transaction or where this is required by laws and regulations of Australia or New Zealand (as applicable) or another country.

Where we send your information overseas, it is likely to be one of the following countries:

• Canada;
• Hong Kong;
• India;
• Philippines;
• South Africa;
• United Kingdom; and/or
• United States

Where we send your information to overseas Group members or service providers, we take reasonable steps to ensure that appropriate data handling and security arrangements are in place.

 

5. Credit checks and credit reporting

When you apply to us for credit or propose to be a guarantor, we need to know if you’re able to meet repayments under your agreement with us. We also want to avoid giving you further credit if this would put you in financial difficulty. One of our checks involves obtaining a credit report about you.

5.1 Credit reports

A credit report contains information about your credit history that helps credit providers assess your credit applications, verify your identity and manage accounts you hold with them. Credit reporting bodies collect and share this information with credit providers like us and other service providers such as phone companies.

The Privacy Act and Credit Reporting Privacy Code limit the information that credit providers can disclose about you to credit reporting bodies, as well as the ways in which credit providers can use credit reports.

We may use one or more of the following credit reporting bodies:

Equifax

Australia:
www.equifax.com.au
13 8332

New Zealand:
www.equifax.co.nz
[email protected]
0800 692 733

CreditorWatch

www.creditorwatch.com.au
GPO Box 276
Sydney, NSW 2001
1300 50 13 12

Centrix

www.centrix.co.nz
PO Box 62512
Greenlane, Auckland 1546
0800 236 874

Illion

Australia:
www.illion.com.au
13 23 33

New Zealand:
www.illion.co.nz
0800 733 707

5.2 What information can we share with credit reporting bodies?

If you are in Australia, the information we can share includes:

• your identification details;
• the type of loans you have;
• how much you’ve borrowed;
• how many accounts you’ve had or currently have;
• whether or not you’ve met your loan repayment obligations; and
• if you have committed a serious credit infringement (such as fraud).

We also ask the credit reporting body to provide us with an overall assessment score of your creditworthiness and other comprehensive credit information as necessary.

If you are in New Zealand, we may share credit information with credit reporters and we also ask the credit reporters to provide us with an overall assessment score of your creditworthiness.

The credit reporting bodies we use will hold your personal information on their terms and treat your information in accordance with their own privacy policies.

5.3 What do we do with credit-related information?

We use information from credit reporting bodies to confirm your identity, assess applications for credit, manage our relationship with you and collect overdue payments. We also use this information as part of arriving at our own internal assessment of your creditworthiness.

We store credit-related information with your other information. You can access credit-related information we hold about you, request us to correct the information and make a complaint to us about your credit-related information. See sections 8 and 9.

5.4 Other rights you have

Credit providers may ask credit-reporting bodies to use their credit-related information to pre-screen you for direct marketing. You can ask a credit reporting body not to do this. Also, if you’ve been, or have reason to believe that you’re likely to become, a victim of fraud (including identity fraud), you can ask the credit reporting body not to use or disclose the credit-related information it holds about you.

 

Consent Information

 

1. Consent to Collect Personal Information

By accepting the following terms and conditions you consent to Prospa Advance Pty Ltd ACN 154 775 667, Prospa NZ Limited NZBN 9429046731678 and our related companies from time to time (‘we’, ‘us’) collecting, using and disclosing personal information about you in accordance with our Privacy Policy (as updated from time to time).

We may use personal information about you for the purpose of providing you with credit, for direct marketing of products, and to enhance services offered by us or any of our associates. The information provided by you will be held by us in accordance with our Privacy Policy. You can gain access to the information held about you by contacting us on 1300 659 523 (AU) or 0800 005 797 (NZ). You have the right to request not to receive direct marketing material by advising us at any time. It is not mandatory for you to provide us with the personal information that we request – however if you do not do so it may affect the products and services that we can provide to you.

You consent that we (including any of our overseas associates on our behalf) can do any of the following at any time:

1. Credit information: Seek and use personal credit information about you to assess an application for credit or making any future offer to you.
2. Landlord information: Seek and use landlord information and rental confirmation from your current landlord.
3. Obtain a credit report from credit reporting bodies: Seek and use a credit report about you provided by a credit-reporting agency for the purpose of assessing your application.
4. Provide information to credit reporting bodies: Give to a credit reporting body personal or commercial information about you. The information may include identity particulars; the fact that credit has been applied for and the amount; the fact that we are a current credit provider to you; advice that payments are no longer overdue; advice that cheques drawn by you have been dishonoured more than once; in specified circumstances that in our opinion you have committed a serious credit infringement; and the credit provided to you by us has been paid or otherwise discharged.
5. Disclose personal information: Disclose personal information about you as required by law, or to organisations involved in providing credit to you, any of our associates or contractors, the Department of the Treasury or other relevant agency of the Commonwealth of Australia in relation to the Australian Government’s Coronavirus SME Guarantee Scheme (if applicable) or people considering acquiring or taking an interest in our business or assets. This includes disclosing personal information about you to the third party technology providers that we use to process your application for a loan, some of whom are based overseas.
6. Bank Statements and third party account aggregation service provider: By obtaining from you access to your internet banking, our third party service provider will access your personal information for the purpose of providing your bank account information to us. We will obtain up to the last twelve (12) months bank transactions on the date you apply for a loan, in addition to further ongoing bank transactions for the term of the loan, for the purpose of assessing any future loan application or making any future offer to you. We note that your bank’s terms may prohibit you from sharing your login, so you agree to appoint our third party service provider as your agent to access your internet banking on your behalf solely for this purposes and you consent to our ongoing access to this information for the term of the loan and the purposes outlined above.
7. Customer identification: Disclose personal information about you to a credit reporting agency for the purpose of verifying your identity against the information held on your credit file. Should you not agree to have your identity verified by these means, please contact us so that we can discuss other options with you.
8. Provide information about your loan, which may include personal information, to any introducer including but not limited to the loan term, balance and repayment history.

If you provide any personal information to us about another person, you confirm that you have the authority of that person to share their information with us and to permit us to hold, use and disclose their information in accordance with our Privacy Policy. You must inform them of their rights to access and request correction of their information set out in our Privacy Policy (as updated from time to time).

 

2. Consent to Receive Contract Documentation Electronically

You consent to us sending you notices and other documents in connection with your dealings with us by electronic means (“Electronic Communication”), including by email, text or by the member log-in area via our web site. You understand that upon the giving this consent:

1. We will make all notices, statutory disclosures (including, if applicable, the Information Statement and Credit Guide), statements of account, copy of the contract and other documents available for a reasonable period of time in the customers log-in area on our website for retrieval by you, OR we will send you such documents by e-mail or other form of electronic communication;
2. If the information is displayed in the customers log-in area, we will promptly send you an e-mail or other form of electronic communication to the e-mail address nominated notifying you that information is available for retrieval from our website and notify you of the nature of that information;
3. You must regularly check your nominated e-mail inbox for notices;

You may withdraw your Electronic Communication consent at any time by contacting us on 1300 659 523 (AU) or 0800 005 797 (NZ), provided you provide a suitable means for us to communicate with you.

 

3. User Authorisation

You are advised to keep your log-in details private and confidential. Your log-in details are your responsibility and we advise you not to share those details with any party. You hereby acknowledge that any party that accesses your account does so as your agent and accordingly you agree to be bound by any transactions effected through their use of your account.

Online terms

 

1. General terms

Prospa Advance Pty Ltd and Prospa NZ Limited (as applicable), and their subsidiaries and affiliates (“Prospa”) require you to comply with with these online terms and conditions (the “Online Terms”) when using the Prospa App and Prospa Online (collectively, the “Digital Channels”)

In the Online Terms, “you”, “your”, and “yours” refers to the person accessing the Digital Channels and “we”, “us” and “our” refers to Prospa.

Device means any equipment (electronic or otherwise) designed to be used to access your Account.

1.1 Acknowledgment & Acceptance

Please read this document carefully as it sets out the Online Terms under which you access and use the Digital Channels. Each time you use the Digital Channels, your use indicates your acknowledgement and acceptance of these Online Terms.

1.2 User obligations

By using the Digital Channels, you agree that you must:

• not provide Prospa with any information that is false, misleading or incomplete, including, without limitation, in relation to your identity, your financial position or trading information or that of your business;
• provide Prospa with your current and complete contact information and ensure that you advise Prospa promptly if any of these details change;
• not use your Account for any activity that is fraudulent, improper or illegal;
• immediately contact Prospa if you believe that your Account has been compromised or improperly accessed through the Digital Channels, or there have been any fraudulent or improper transactions or a security breach in relation to your Account.

1.3 About the Digital Channels

The Digital Channels allow you to access specific information in connection to past and current Prospa products in your use (“Account”), including viewing your balance, and instructing us to perform certain transactions on your Account. Not all products and services offered by Prospa, or all features of such products and services, are available through the Digital Channels. The Prospa App offers additional functionality tailored to mobile devices.

These Online Terms do not affect the terms and conditions that apply to each of the products and services offered by Prospa. The terms for each Prospa product or service which relate to your Account are provided to and accepted by you during the application and approval process for the specific product (or if you are accessing the Digital Channels as an authorised agent for another person, the terms and conditions which were provided to, and entered into by, that other person). To the extent there is any inconsistency between these Online Terms and the terms of the specific product, the terms of the specific product will prevail.

1.4 you need to contact us

If you need to contact us or there’s anything in this document that you’d like to clarify or know more about, simply contact us at:

In Australia:

1300 882 867 

[email protected] 

Monday – Friday: 7:30am – 7pm (AEST)

Level 1 / 4-16 Yurong Street
SYDNEY, NSW 2000

In New Zealand:

0800 005 797
[email protected]

Monday – Friday: 9am – 7pm

The Mezzanine Floor, 19-21 Como Street,
Takapuna, Auckland
0622, New Zealand

 

2. Changes to the Online Terms

We may vary the Online Terms from time to time. We may give you notice of these changes by publishing the new Online Terms on the Prospa website, www.prospa.com or www.prospa.co.nz (in Australia and New Zealand respectively) (the “Website”), making them available through the Digital Channels or by an electronic communication.

We do not have to give you prior notice of a change other than where we make any changes which impose fees and charges for use of the Digital Channels, in which case you will be provided with written notice no less than 20 days prior to such change taking effect. Your continued access and use of the Digital Channels following any such changes will be deemed to signify and confirm your acceptance of any such changes.

 

3. Jurisdictional limitations

Not all products and services offered by Prospa are available in all geographical locations. You acknowledge and accept that accessing the Website or Digital Channels in a geographical location other than your own may result in your receiving information in respect of products and services which are not available to you and that Prospa is under no obligation to provide you with such products and services.

 

4. Intellectual Property

The content of the Digital Channels is the exclusive property of Prospa or is used by Prospa under licence from another party. Users of the Digital Channels are prohibited from using any intellectual property, including any trademarks, logos and marks (“Digital Channels IP”) for any purpose without the prior written permission of Prospa or such third party which may own the relevant Digital Channels IP.

All information and content available on or through the Digital Channels (including any software programs) (“Content”) is protected by copyright. Users of the Digital Channels are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for any commercial or public purpose.

The Digital Channels may contain hyperlinks to third-party sites and materials (“Links”). These Links are provided for information purposes only and Prospa does not thereby endorse or authorise the content of such Links or imply any ownership or control over such Links. You should assess the risks and consider the reliability of the content of such Links before relying upon or retrieving information from such Links.

 

5. Costs

Subject to any change notified in accordance with section 2, the Digital Channels are provided to, and can be used by, Prospa customers free of charge however at all times standard fees and charges for using Prospa products and services still apply regardless of how such use is effected. If you are downloading or accessing the Digital Channels (including the Prospa App) through your mobile service provider or through Wi-Fi, you may incur internet data charges from your mobile or internet service provider.

You agree that, by downloading and signing in to the Prospa App or signing in to Prospa Online, Prospa may send SMS messages to your nominated mobile number. Prospa is not liable for any loss or damage you suffer as a result of any person other than you accessing those SMS messages. You may incur charges from your mobile or internet service provider as a result of such SMS message. Any such charges are your responsibility.

 

6. Security

 

6.1 Your security responsibilities

You must, without limiting any other obligation to Prospa, take all reasonable steps to:

(a) safeguard any information, software and equipment required for your operation of any Digital Channel;

(b) ensure the integrity and proper operation of your own security procedures and your connection to Prospa; and

(c) prevent unauthorised access to your Account via the Digital Channels. This may include (without limitation) ensuring you have adequate anti-virus and device security measures in place.

If your mobile device has been “jailbroken”, the security of your device operating system may have been compromised. This makes you susceptible to third-party applications that may contain malware or the ability for third parties to harvest your information, including information available through applications on your mobile device. Prospa will not be liable for any loss arising from your use of the Digital Channels or any other loss that may arise in connection with the Digital Channels as a result of your device being jailbroken.

We recommend that you keep the operating system and security software for your mobile device updated with any releases issued by the manufacturer of the mobile device or your system provider.

6.2 You must let us know about any security breaches

You must advise us as soon as possible of the loss, theft, misuse of a device, passcode, authentication method or electronic equipment in connection to your Account. You must report if you believe there has been unauthorised access to your Account.

If you need to contact us outside of our available contact hours, please leave a message or send an email and we will contact you as soon as possible. Our contact details are located at section 1.4 of these Online Terms.

 

7. Accessing the Digital Channels

As electronic services are subject to interruption, unavailability or breach of security for a variety of reasons, access to and use of a Digital Channel is offered on an “as is, as available basis” only. You are responsible for ensuring that you have adequate contingency plans to enable you to transact by other means in the event of an interruption or unusual delay in respect of the operation of a Digital Channel. To the extent permitted by law, Prospa will not be liable for any loss or damage incurred as a result of the Digital Channels being unavailable or limited for any reason.

To access your Account via the Prospa App, simply download the Prospa App from the iOS App Store or Google Play Store (as applicable for your mobile device). Follow the prompts in the Prospa App to complete the initial sign in process and you will see your products in the Prospa App. Prospa Online is a browser-based service so all you need is a compatible browser.

For security reasons, you will be automatically signed out of the Prospa App and Prospa Online after 5 minutes of inactivity.

 

8. Authentication

There are different authentication methods for Prospa App and Prospa Online.

If you use Prospa Online, access to your account is authenticated through email and password.

If you use the Prospa App, you will be prompted to:

select a passcode; and

if you would like to, set up biometric information such as the fingerprints or facial data you store on your chosen mobile device for accessing the Prospa App.

If you choose to use biometric information to log into the Prospa App, you should ensure that only your biometric information is stored on the mobile device. Each time the mobile device registers a use of biometric information to authorise any transactions through Prospa App, you instruct us to perform those transactions. If another person’s biometric identifiers are stored on your mobile device, you acknowledge that they will be able to access your Account through the Prospa App.

8.1 It is your responsibility to keep your Account secure

You must ensure your passcode, password and/or biometric identifiers (collectively, Access Methods”) remain secure. As keys to your Account, Access Methods allow anybody using them to conduct operations on your Account. You authorise us to allow any transaction or act on any instructions received on an Account for which the correct Access Methods have been provided.

8.2 Two-factor authentication

SMS code is an additional layer of security to protect your Account. For certain transactions on the Digital Channels, you’ll be sent an SMS code to your mobile number, which you will need to input to complete the transaction.

We don’t charge you a fee for sending a SMS code to your mobile number. However, your mobile phone service provider may impose fees and charges, including fees and charges for sending and receiving SMS messages. The payment of any such fees is the responsibility of the mobile phone account holder. If you have any concerns regarding such fees and charges, please speak to your mobile service provider.

 

9. No warranty

All Content provided or displayed through the Digital Channels is provided on an “as is” basis. Prospa does not warrant the results that may be obtained from the use of the Digital Channels, or the accuracy, adequacy or reliability of any Content obtained through the Digital Channels, regardless of whether the Content is from Prospa or any other third party, and Prospa expressly disclaims liability for errors or omissions in the content. Notwithstanding any other provision of the Online Terms, no warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, satisfactory quality, merchantability, fitness for a particular purpose and freedom from computer virus or other invasive or damaging code, is given in conjunction with the Digital Channels.

 

10. No advice

Any information provided in the Digital Channels is general in nature and, unless expressly stated otherwise, does not constitute an offer or invitation for finance or to enter into a legally binding arrangement for any of Prospa’s products or services. All applications for finance through Prospa’s products and services are subject to standard credit approval, fees, terms and conditions.

Prospa does not make any representation that the Digital Channels or its products and services are appropriate or suitable for you or your circumstances. You acknowledge that your use of the Digital Channels and any enquiries or application for any products or services offered by Prospa is not made as a result of any inducement by Prospa and that any information available through the Digital Channels is not to be treated as and does not constitute financial advice.

 

11. Personal information

We may collect information about your installation and use of the Digital Channels for the purposes of analytics, research and improvement of our products and services. Any such information will be collected, stored, used and managed in accordance with our Privacy Policy.

 

12. Stopping access or use

Prospa may change or terminate any of the Digital Channels at any time, in its absolute discretion. In addition, your licence to use the Digital Channels may be limited or terminated at any time, including, if you do not comply with these Online Terms.

Despite any right contained in these Online Terms, we can suspend, block or close your access or use of the Digital Channels without telling you if:

• Prospa suspects fraud or an unauthorised transaction has occurred;
• your Account is cancelled, blocked or suspended;
• Prospa is required by applicable laws, a court order or a direction of a regulator; or
• we think it’s reasonably necessary to protect our legitimate business interests.

 

13. Governing Law

If you are domiciled in Australia, these Online Terms are governed in accordance with the laws in force in New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

If you are domiciled in New Zealand, these Online Terms are governed in accordance with the laws in force in New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.

 

14. Limitation of Liability

To the extent permitted by law, Prospa is not liable to you for any loss or liability arising from or in connection with the Digital Channels. This may include, without limitation, loss or liability arising from:

• Content on the Digital Channels or Website;
• your use of the Digital Channels, including any damage to your mobile device or electronic systems resulting from your access or use of the Digital Channels;
• your improper use of the Digital Channels or Access Methods. This includes losses arising as a result of a security breach, any fraudulent act by you or any loss which is caused by or contributed to by you, including failure to comply with these Online Terms or other policies on our Website;
• your inability to access your Account through the Digital Channels;
• any modification, suspension or discontinuance of the Digital Channels; or
• any costs, charges or expenses you incur as a result of using the Digital Channels, such as mobile carrier charges.

 

15. Responsibility for mistaken and unauthorised payments

 

Mistaken payments

It is important to enter the correct BSB and account information when authorising payments from your Account. Where you enter the wrong information:

funds may be credited to the account of an unintended recipient if the BSB number and account number do not belong to the person you name as the recipient; and

if you enter the incorrect details, it may not be possible to recover funds from an unintended recipient.

Unauthorised payments

You will not be responsible for an unauthorised payment where you didn’t contribute to the unauthorised payment.

We may consider that you have contributed to unauthorised payment where:

you have not kept your Account or Access Methods reasonably secure; or

there was an unreasonable delay in reporting that the security of your Account or Access Method has been breached.