Nimble AnyTime

Terms and Conditions
benefits will only apply to your account if
you have applied for or activated the card.

Contents
1
Your contract with us ..................................... 1
2
Obtaining credit on your account ..................... 1
3
Fees and charges ............................................. 1
4
Cash advances ............................................... 2
5
Foreign transactions ....................................... 2
6Interest .......................................................... 2
7
Repayments .................................................... 2
8Statements of account.................................... 3
9About your account ......................................... 4
10
Default ........................................................... 411
Benefits to cardholders .................................... 5
12
Significant risks to cardholders ........................ 5
13
Limitations on use of the card ......................... 6
14
Using the card ................................................ 6
15
Keeping your contact details up to date .......... 7
16
Security .......................................................... 7
17
Loss, theft and misuse of your card or device 7
18
Liability for unauthorised transactions .............. 7
19
Important information about chargebacks....... 820
Card expiry .................................................... 921
Replacement cards......................................... 9
22
Card revocation and cancellation .................... 923
Closing your account ..................................... 10
24
Liabilities and disclaimers............................... 1025
Problems or disputes .................................... 1126
Privacy and information collection .................. 11
27
Changes to your contract .............................. 12
28
Assignment ................................................... 13
29
The website .................................................. 13
30
Governing law............................................... 13
31
Meanings of words used in this contract ......... 13
Information statement ............................................ 15

2

Obtaining credit on your account
NOTE: We can change, suspend or cancel
your ability to obtain credit or transact on
your account.

2.1

Once you have accepted the loan offer
and are not in default under thiscontract, we may allow you to obtain
credit up to the credit limit by making atransaction with the card, or byrequestingacash
advanceinaccordance with these terms andconditions.

2.2

You must ensure that your outstandingbalance doesn’t exceed your credit limit.
You must pay us any amount owing inexcess of the credit limit immediately.

2.3

We may impose limitations on your ability
to obtain credit up to your credit limit orto transact on your account. For
example, we may require that youroutstanding balance is fully repaid or is
reduced to a certain amount before you
are able to access further credit on youraccount. We will tell you if this is the
case.

3

Fees and charges

3.1

You must pay the fees and charges set
out in your loan offer, as well as any
government charges and duties payableon amounts we receive from you or
credit to your account if we ask you to,whether or not you are primarily liable for
them.

1

Your contract with us

1.1

The terms that apply to your account(including use of the card, whereapplicable) are made up of these terms
and conditions and the loan offer.

1.2

You will be bound by these terms if you
accept our offer in accordance withclause 2.1.

3.2

1.3

Only some accounts will be eligible for thecard as determined by us from time totime. We may allow you to apply for thecard even if we determined that you wereineligible at the disclosure date or you
elected not to apply for or activate thecard.

Whenever any of these fees and charges
are incurred or become payable, you
authorise us to debit your account andreducetheavailablebalanceaccordingly.

3.3

Once fees and charges are debited toyour account they are payable and form
part of your outstanding balance.

3.4

All transaction fees charged by amerchant at the time of a transaction

1.4

The references throughout this contract tothe card and the related features andpage 1

with the card are included in the totalpurchase price.
3.5

All fees and charges set out in your loanoffer are expressed in Australian dollars.

3.6

Certain merchants may charge an
additional fee if the card is used topurchase goods and/or services. This fee
is determined and charged by themerchant and is not retained by us.

4Cash advances

4.1

A cash advance is a transaction where youtransfer money from your account toanother bank account, and includes anyother transaction which is treated by us asa cash advance.

4.2

Cash advances for the purposes of youraccount can only be transferred to yournominated bank account, unless we agree
otherwise. When completing a cash
advance, you must ensure that the details
are correct prior to authorisation, and you
should retain any receipt or voucher
issued for your records.

4.3

4.4

Cash advances are subject to any dailytransaction limit and we may impose
minimum and maximum amounts on cash
advances.
In some cases, we may require that theminimum amount of a cash advance is anamount equal to your credit limit.

5

Foreign transactions

5.1

The available balance on your account is
in Australian dollars. Transactions madeusing your card in a currency other thanAustralian dollars will be converted into
Australian dollars at the prevailing
Mastercard exchange rate at the time it isprocessed.

5.2

We’ll also debit your account with theoverseas transaction charge set out inyour loan offer. The amount debited toyour account will include currency
conversion charges.

5.3

Use of an overseas ATM or bank, if
permitted under the terms of thiscontract, is subject to the relevant terms
and conditions of that ATM or bank. A fee
may be charged by the foreign institution
if you use an overseas ATM or bank.

6

Interest

6.1

Interest on the outstanding balance iscalculated daily by applying the daily
percentage rate (the annual percentage
rate divided by 365) to the outstandingbalance of your account at the end of that
day.

6.2

Interest that accrues during a statement
period will be debited to your account on
the due date for that statement period.
Interest charges may also be debited onany day you repay the outstandingbalance or any other amounts you owe
under this contract (including when you
repay the loan early).

6.3

Interest debited to your account will be
added to the outstanding balance and willaccrue interest at the daily percentage
rate (the annual percentage rate divided
by 365).

7

Repayments
NOTE: We may debit any amount available
in your nominated bank account on each
day until the minimum repayment amountis paid in full.

7.1

You must pay the minimum repayment
amount for each statement period by its
due date.

7.2

You must pay all amounts you owe us
under this contract in Australian dollars
by direct debit from your nominatedbank account, unless we agree with you
to accept a payment by some othermethod. By accepting the terms of thedirect debit request, you authorise andrequest us, or a third party on our behalf,
to debit from your nominated bankaccount all amounts you owe us under
this contract when they are due.

7.3

Your nominated bank account must bewith a financial institution located inAustralia and must be in your name, unless
we agree otherwise. You must give us
details of your nominated bank account.

7.4

We will treat a payment as being madewhen we credit it to your account. If any
direct debit or other authority used for
payment is dishonoured, the repayment
will be treated as not having been made.

page 2

7.5

7.6

You must ensure that your nominatedbank account has sufficient funds to meetyour repayments when they are due,otherwise a payment may be dishonoured,and a fee may apply. You must not cancel
the direct debit authority or close orsuspend your nominated account without
our prior written consent (which will not be
unreasonably withheld).
If the amount in your nominated bankaccount is less than the minimum
repayment amount on the due date, thenfor five days following the due date we
may attempt to debit the nominated bankaccount for the minimum repayment
amount. After this, if we have not beenable to debit the minimum repayment
amount, then we may automatically debit
any amount available in your nominatedbank account on each day until theminimum repayment amount is paid in full.

7.7

If the due date for an amount you owe us
is a weekend or a national public holiday,
or falls on the 29th, 30th or 31st of a monthwith no such date, the repayment will be
due on the next business day.

7.8

You may make additional payments to
prepay all or part of the outstandingbalance at any time. If you make an
additional payment to your account you
are still required to pay the minimum
repayment amount by its due date. If you
prepay the entire outstanding balance,
you must also pay us any accrued interest,
fees and charges not yet debited to youraccount and enforcement expenses set
out in the loan offer.

7.9

7.10

7.11

We may send you a repayment reminder
by SMS and/or email in advance of the due
date and any direct debit. The minimum
repayment amount must be paid by thedue date irrespective of whether we senda reminder to you.

8

Statements of account

8.1

We will send you a statement of accountfor your account in respect of eachstatement period (except where the law
considers this unnecessary).

8.2

The period of a statement period isdetermined by us but will not exceed 40
days.

8.3

Your statement of account for a statement
period will set out the minimum repayment
amount for that statement period and its
due date.

8.4

We may send you a statement, notice orother document in any manner permitted
by law, including by making it available fora reasonable period of time on the Nimble
app or website (after first notifying you byelectronic
communicationthat
theinformation is available for retrieval),
personal delivery, sending it by electronic
communication, or sending it by post to
the postal or residential address that you
have nominated.

8.5

Statements, notices and other documents
will be sent to your last notified address orcontact
detailsandconsideredas
received:a) if given personally, at the time ofdelivery;b) if sent by post, on the day they would
be received in the ordinary course of
post; orYou cannot make a repayment that would
result in your account having a positive(credit) outstanding balance. If you makesuch a payment, we’ll decline to accept it
and refund it to you. We won’t pay interest
on any positive (credit) outstandingbalance.
Repayments received by us will be used to
pay any amounts you owe to us from time
to time in accordance with the law. You
must make payments without deducting,setting off, or counterclaiming any money
you think we owe you for any reason.

c) if sent by electronic communication,on the day that the electronic
communication containing the noticeor notifying you that the notice isavailable enters the first information
system which is beyond our control.
8.6

All notices or documents you send to us
should be sent by email or post to theaddress set out in your loan offer orotherwise notified by us to you.

8.7

If you notice any error (or possible error)
in any transaction or statement relating to
page 3

your account or card, then you must notify
us immediately. We may request you toprovide additional written information
concerning any error (or possible error)
and you must comply with that request.
8.8

It is your responsibility to regularly review
your transaction history to identify
unauthorised transactions.

9

About your account

9.1

The card may not allow you to spend morethan your available balance within youraccount.
Purchases
atparticularmerchants may not be allowed under
these
terms
and
conditions
andtransactions may be declined due to an
insufficient available balance. However, if
the card does allow such a transaction,
you must repay the full amount owed inaccordance with these terms andconditions.

9.2

Your account must have an available
balance before the account or the card
can be used. Your account will only havean available balance once your application
is approved and you have received
confirmation from us.

9.3

9.4

9.5

There is no credit stored on the card.
Transactions made with the card and cash
advances are debited against theavailable balance of your account. If there
is no available balance, or you are indefault under these terms and conditions,transactions made with the card and cash
advances may be declined.
We may reduce the available balance or
the credit limit of your account, or
suspend your account and card, at any
time without your consent. Examples ofwhen we may do this include where we
consider it reasonably necessary to
prevent fraud or other losses to you or us,
we believe on reasonable grounds thatyour credit limit is more than you canservice without financial difficulty, or
because of inactivity on your account or
you are in default.
You are entitled to reduce the credit limitof your account and may request a
reduction in the credit limit at any time. If
you do so, we will take reasonable steps togive effect to that request as soon aspracticable, subject to any minimum
credit limit and whether the requested
limit is less than the outstanding balance.
9.6

We may only increase the credit limit ofyour account if you request us to do so,
and if we agree.

10

Default
NOTE: The events which may cause you todefault under this contract are listed
below. You may default under thiscontract loan even if you have made all
your payments. If you default under thiscontract, enforcement expenses may bepayable. This means that you may have to
pay any of our reasonable costs incurredin exercising our rights under this contract
including collection expenses, and anyother internal or external costs we incur
as a result of your default.

10.1

Without limiting our rights under this loan
contract in any way, you must promptly
inform us in writing if any event of default
occurs.

10.2

Each of the following is a monetary eventof default:a) you do not pay any amount payable
under this contract on time;b) the outstanding balance exceeds thecredit limit; andc) you fail to pay any amount exceeding$50,000 to any person other than us
by the due date.

10.3

Each of the following is a non-monetary
event of default:a) you become bankrupt, are unable topay your debts as they fall due, ormake any arrangement with yourcreditors;b) you fail to give us any information or
documents
requiredunder
thiscontract;c) you give us information or make arepresentation or warranty to us thatis materially incorrect or misleading;
and/ord) it becomes unlawful for you or us tocontinue with this contract or any
other agreement.

page 4

10.4

If you do not pay the minimum repayment
amount for a statement period by the duedate, we may:contract. You must pay us any reasonable
expenses we reasonably incur inexercising our rights under this contract(including the use of our staff andfacilities). To the extent allowed by law,
you indemnify us against:a) suspend your account and/or card or
reduce your credit limit;b) elect to not provide any further credit
to you until your account is brought up
to date; and/orc) exercise
contract.
10.5

our

rightsundera) allenforcement
expenseswereasonably incur when exercising ourrights if you default under thiscontract; andthisb) all expenses, costs and damage
incurred by us as a result of you
breaching any of your obligations
under this contract, or as a result ofany
untrueormisleading
representation, warranty or statement
made by you, except where such loss
arises from fraud, negligence or wilful
misconduct by us, our employees, ora receiver we appoint.

If an event of default occurs, we will not:a) require you to repay the outstandingbalance and any other amounts owing
under this contract; orb) take enforcement action against you,unless we have given you at least 30 days
written notice of the event of default and,if the event of default is rectifiable, youhave not rectified that event of default andno default of the same type has arisen
during that period.

10.6

We do not need to give you a default
notice or wait 30 days before commencing
enforcement action if:

10.10 We may debit any amounts payable under
this clause to your account as they are
incurred.
11

Benefits to cardholders

11.1

The benefits of the card are that it can beused to:a) we reasonably believe that we were
induced by fraud by you to enter into
this contract;a) pay for goods and services frommerchants in Australia and around theworld who accept Mastercard cards,
including online
purchasetransactions, subject to these terms
and conditions; andb) we have made reasonable attempts tolocate you but without success; orc) a court authorises us toenforcement proceedings.
10.7

begin

b) make contactless transactions under$100 (or such other amount specified
by us from time to time), subject tothese terms and conditions. To makea contactless transaction, simply
place the card near or on the card
reader.
Beforeauthorisingacontactless transaction, you must
check that the correct amount isdisplayed on the terminal.

We will only act on a specific event of nonmonetary default if the event by its nature
is material, or we reasonably consider thatthe event has had, or is likely to have, amaterial impact on:a) your ability to meet your financial
obligations to us;b) our credit or security risk (or our ability
to assess these); orc) our legal or reputational risk where an
event in clause 10.3(c) occurs.

10.8

We can take action even if we do not doso promptly after the default occurs. We
do not lose any rights or forgive any
defaults unless we do so in writing.

10.9

If you are in default, enforcement
expenses may become payable under this12

Significant risks to cardholders

12.1

Some of the risks that may be associatedwith the use of the card are outlined
below. The risks described are intended to
be a summary of the major risks
associated with the card and are notexhaustive. There may be other risks that
relate to the use of the card.

page 5

12.2

Significant risks to cardholders are:point of sale) available by making acontactless payment;a) the card will expire at the date shownon the card. You cannot use an
expired card;b) unauthorised
transactions
canhappen using the card if it is lost or
stolen, a PIN is revealed to any otherperson, or as a result of fraud;b) over the telephone or the internet byproviding the card number, expiry
date and security code; orc) with merchants overseas wherever
Mastercard cards are accepted.
14.3

When you are paying for goods andservices by selecting the ‘Credit’ button ata point of sale terminal or providing thecard number to a merchant over the
telephone or the internet, you’ll becovered by Mastercard’s Zero Liability
Protection Policy. This means you areprotected
againstunauthorised
transactions.

14.4

You agree not to make or attempt to maketransactions that exceed the available
balance. If there is no available balance on
your account, any attempted transactions
with the card will be declined.

14.5

If you make or attempt to make anytransactions that exceed the available
balance then you will be liable for any
negative balance, along with any costs orinterest we incur in recovering or
attempting to recover from you theamount owing.

14.6

If a negative balance arises, that does notmean that a negative balance will beallowed to arise or the credit limit to be
increased on subsequent occasions. It
does not mean we have agreed toincrease the credit limit.

c) unintended transactions can happen
if electronic equipment with which thecard is being used is operated
incorrectly or incorrect details are
input;d) you might not be able to get your
money
back
if
unauthorised
transactions
orunintended
transactions occur, subject to clause
18 of these terms and conditions;e) if the electronic network enabling theuse of the card is unavailable, you may
not be able to undertake transactions
or get information using the card; andf) the card could be lost, destroyed orstolen.
13

Limitations on use of the card

13.1

The card may not be used for (and may bedeclined for) any illegal transactions or for
any transactions not approved by us.

13.2

Some retailers may choose to not accept
Mastercard cards.

13.3

We may impose a limit on the number oftransactions the card can be used for per
day, which may vary from time to time.

13.4

We may also impose other dailytransaction limits at any time by notifying
you. Merchants or other facility providers
may impose additional limits.

14.7

You can use your card within the limits
specified in clause 13 provided that you do
not exceed the available balance and theexpiry date for the card has not passed.

14

Using the card

14.8

14.1

You will need to activate your card inaccordance with our procedures prior to
any card transaction being processed.

14.2

You can purchase goods and services
using your card and the payment isdebited to your account. The card allows
you to purchase goods and services,
subject to these terms and conditions:

We may restrict or stop the use of the card
if excessive uses of the card or othersuspicious activities are noticed orotherwise if a transaction is prohibited
under these terms and conditions or not
approved by us.

14.9

You cannot stop payment of any
transaction after it has been completed. If
you have a problem with a purchase madewith the card, or a dispute with amerchant, you must deal directly with themerchant involved. If you cannot resolvea) at an outlet within Australia that has
EFTPOS (electronic funds transfer atpage 6the dispute with the merchant, you should
contact us.
14.10 If you are entitled to a refund for any
reason relating to a transaction, you agree
to accept the refund under the policy ofthat specific merchant. Refunds may be in
the form of a credit to your card or in store
credit. If the card is expired or revoked
before you have spent any value loaded tothe card resulting from a refund (whether
or not the original transaction being
refunded was made using the card) then
you will have no access to those funds
unless a replacement card has been
issued to you.
14.11 We are not liable in any way when an
authorisation is declined for any particulartransaction regardless of reason.

a) allow anyone else to use your card,
account or device;b) unnecessarily
number;14.14 The card may not be used for any direct orrecurring debit payments, unless we agree
otherwise.
15

Keeping your contact details up to date

15.1

You must notify us immediately of any
change to your address and other contact
details by updating your details throughthe website. We will not be responsible if
you do not receive any notice or
correspondence that has been sent inaccordance with the contact details you
have provided.

15.2

We accept no responsibility or liability for
late, lost or misdirected SMS messages oremails caused by inaccurate provision of
personal details by you, or by systemconstraints or failures experienced byyour email or mobile phone service
providers.

16

Security

16.1

You must make sure that you keep yourcard, identifiers and any PINs safe andsecure. The precautions we require you totake are set out below.

16.2

You must not:

your

card

c) carry the PIN with the device;d) record the PIN on anything carried
with your card or liable to loss or theftsimultaneously with a device, unless
you make a reasonable attempt toprotect the security of the PIN; ore) voluntarily disclose the PIN to anyone,
including a family member or friend.
17

Loss, theft and misuse of your card or
device17.1

If you know or have reason to suspect thatyour device is lost, stolen or damaged,
likely to be misused or you have reason tosuspect that someone else may know the
PIN or identifiers, you must immediately
notify us. We will then suspend your card
and account to restrict further use.

17.2

You may be required to confirm details of
the loss, theft or misuse in writing (and toprovide particular information in theconfirmation) and you must comply withthat requirement.

17.3

Your
PIN
may
be
automaticallydeactivated after excessive unsuccessfulattempts to enter your PIN.

18

Liability for unauthorised transactions

18.1

Your liability for losses arising fromunauthorised
transactions
will
bedetermined under the ePayments Code.

18.2

You will not be liable for losses resulting
from unauthorised transactions where it isclear that you have not contributed to the
loss.

18.3

You will not be liable for losses resulting
from unauthorised transactions that arecaused by:

14.12 If you permit someone else to use thecard, you will be responsible for any
transactions initiated by that person withthe card.
14.13 You may not make pre-authorised regular
payments through the use of the card,
unless we agree otherwise.

disclosea) fraud or negligence by our employees
or agents, a third party involved in
networking
arrangements,oramerchant or their employee or agent;b) a card, identifier or pass code which isforged, faulty, expired or cancelled;c) a transaction requiring the use of acard and/or pass code that occurred

page 7

before you have received your card
and/or pass code (including a reissued
card and/or pass code);unreasonably delaying reporting themisuse, loss or theft of a card or device, orthat the security of all PINs has beenbreached. In those circumstances, you
are liable in full for the actual losses that
occur between when you become awareof the security compromise, or should
reasonably have become aware in thecase of a lost or stolen card, but:d) atransaction
being
incorrectly
debited to your account more thanonce; ore) anunauthorised
transaction
performed after you have informed usthat your card has been misused, lostor stolen, or the security of a passcode has been breached.
18.4

18.5

a) you are not liable for the portion oflosses incurred on any one day inexcess of any applicable dailytransaction limit; andYou are not liable for loss arising from anunauthorised transaction that can bemade using an identifier without the cardor a PIN. Where a transaction can be madeusing the card, or a card and an identifier,but does not require a PIN, you are liable
only if you unreasonably delay reporting
the loss or theft of your card or device.
You are liable for loss resulting from anunauthorised transaction if we can proveon the balance of probability that you
contributed to the loss through fraud or
breaching sections 13, 16 or 17 of these
terms
and
conditions.
In
thosecircumstances you are liable in full for theactual losses that occur before the loss,
theft or misuse of a card or breach of PIN
security is reported to us but:b) you are not liable for the portion oflosses incurred in any period in excess
of any applicable periodic transaction
limit; andc) you are not liable for the portion oflosses that exceeds the available
balance; andd) you are not liable for the portion oflosses incurred if we and you had notagreed that the available balance
could be accessed using the card or
identified and/or PIN used to performthe transaction.
18.7a) you are not liable for the portion oflosses incurred on any one day inexcess of any applicable dailytransaction limit; anda) $150; orb) the available balance; orc) the actual loss at the time that themisuse, loss or theft of a card or
breach of PIN security is reported tous, excluding that portion of the losses
incurred on any one day which
exceeds any relevant daily or otherperiodic transaction limit.

b) you are not liable for the portion oflosses incurred in any period in excess
of any applicable periodic transaction
limit; andc) you are not liable for the portion oflosses that exceeds the available
balance; andd) you are not liable for the portion oflosses incurred if we and you had notagreed that the available balance
could be accessed using the card or
identifier and/or PIN used to performthe transaction.
18.6

You will be liable for losses arising from anunauthorised transaction if we can proveon the balance of probability that you
contributed
tothoselossesby

If a PIN was required to perform anunauthorised transaction not alreadycovered above, you will be liable for thelesser of:

18.8

If you report an unauthorised transaction,
we will not hold you liable for losses arisingfrom the unauthorised transaction for an
amount greater than your liability if we
exercised any rights under the Mastercard
scheme rules, at the time of the report,
against other parties to the Mastercard
scheme (for example, chargeback rights).

19

Important information aboutchargebacks

page 8

19.1

In some circumstances, you may be able
to request a chargeback of a transaction
when you have a dispute with a merchant,such as the merchant’s failure to supply
the goods or services you paid for.

19.2

A chargeback is a right under the
Mastercard scheme rules by which atransaction can effectively be reversed byus debiting an amount to the merchant’s
financial institution and crediting back toyour available balance. We can only
process chargebacks if the Mastercard
scheme rules allow us to.

19.3

If you believe that you are entitled to achargeback, you must notify us as soon as
possible by contacting us.

19.4

The Mastercard scheme rules impose time
limits for initiating chargebacks. The time
limit is generally 90 days from the date ofthe disputed transaction.

19.5

If you request a chargeback, we may need
you to provide additional information. If
we do ask you for additional informationand you do not provide it within 10 days,
then you may lose any rights to thechargeback and if it has already beenprocessed, we may reverse it.

19.6

If we process a chargeback, the merchant
may have rights under the Mastercard
scheme rules to have the transaction
investigated further, and this can in somecircumstances result in the chargeback
being reversed (which means the originaltransaction might be reinstated by being
debited to your account).

20

Card expiry

20.1

Your card is valid until the expiry dateshown on it, unless it is cancelled before
then.

20.2

Your card cannot be used after its expiry.
You cannot access the available balanceon the expired card unless a replacementcard is issued to you. However, even after
the card has expired, you must still pay
any outstanding balance.

20.3

We may issue you with a replacement card
if requested by you at any time after expiry
and provided you have registered yourdetails with us, including your name andAustralian address. We reserve the rightnot to issue a replacement card to you, inwhich case you will not be able to use acard as a means to access the available
balance of your account.
21

Replacement cards

21.1

If your card is misused, lost or stolen, youmust immediately notify us so that yourcard can be cancelled.

21.2

You can request us to provide you with areplacement card, as long as you have notpreviously requested to terminate yourcontract.

21.3

A replacement card will be arranged after
you notify us that your Card, card details
or device are misused, lost or stolen andthe misused, lost or stolen card has been
blocked. You will need to register andactivate the new card prior to use.

22

Card revocation and cancellation

22.1

You may ask for your card to be cancelled
at any time. If you ask for your card to becancelled, you must not use yourcancelled card. You must also cancel anddirect debit authority or recurring
payments that are linked to your card
and/or account.

22.2

We may cancel your card and/or youraccount at any time. Where possible, wewill give you 20 days’ advance notice ofthe cancellation. However, we may act
without prior notice if:a) we believe that use of your card
and/or your account may cause loss toyou or to us; orb) we believe that it is required for
security purposes; orc) you breach any material term or
conditions, including these terms andconditions; ord) we suspect your card, or youraccount, has been used illegally.

22.3

If we cancel your card and/or account, we
will give you notice as soon as reasonably
practical afterwards.

22.4

We may revoke the card at any time
without cause or notice. On the revocationor cancellation of the card, we will ensure
that:page 9a) we are satisfied that there are no uncancelled or unexpired authorisations
or approvals on your card; andc) if circumstances beyond our control
prevents a transaction, despite any
reasonable precautions having beentaken by us;b) we are satisfied that there are nofurther amounts that we will bedebiting, or that we anticipate
debiting,
againsttheavailablebalance.
22.5e) for any loss resulting from any system
failure or industrial dispute outside ourreasonable control;

If we cancel your card and/or youraccount in accordance with this clause 23,
you must continue to pay the minimum
repayment amount shown on eachstatement of account issued after thecancellation.
We continue to debit
interest, fees and charges to your accountuntil your account is repaid in full.

23

Closing your account

23.1

You are entitled to terminate your contract
and may request us to terminate yourcontract at any time by giving us notice inwriting. We will take reasonable steps togive effect to your request to terminate
your contract as soon as practicable.
After termination, we may require you to
repay the outstanding balance of youraccount within a reasonable period.

23.2d) for any loss resulting from any failure
due to events outside our reasonable
control;f) for any industrial dispute;g) for the way in which any merchantrefuses to accept the card;h) forany
indirect,consequential losses;j) for any dispute between you and the
supplier of any goods or services
purchased with the card;k) for our taking any action required byany government, federal or state law
or regulation or court order; orl) for anything specifically excluded orlimited elsewhere in these terms andconditions.
24.2

24

Liabilities and disclaimers

24.1

We are not liable:a) if, through no fault of our own, theavailable balance is not enough tocover a transaction;b) if, through no fault of our own, aterminal or system does not work
properly;

However:a) your
liabilityforunauthorised
willbedeterminedtransactions
according to the ePayments Code;andb) interest, fees and charges, and any
reasonable enforcement expenses
which will continue to be debited toyour account until the outstandingbalance is paid in full.
23.3 The amount you owe us must be
repaid within 180 days from the date you
die. We will discuss this with yourexecutor or beneficiaries and seek toagree a mutually acceptable solution.

ori) for any infringement by you of any
currency laws in the country where
the card is issued or used;

After your account is closed, you willremain responsible for:a) any transactions made before we
process the closure of your account;andspecialb) we will not avoid any obligation to you
under the ePayments Code on thebasis that another party to a sharedelectronic payments network (towhich we are also a party) has caused
the failure to meet the obligation.
24.3

Our liability in any event shall not exceed
the amount of the available balance
except in relation to:a) unauthorised transactions; andb) consequential losses arising from a
malfunction of a system or equipment
provided by any party to a sharedelectronic network (unless you should
reasonably have been aware that thesystem or equipment was unavailable

page 10

or malfunctioning, in which case ourliability is limited to correcting any
errors and refunding any fees or
charges imposed on you).
24.4

If any warranties or conditions are implied
because of Part 2 of the Australian
Securities and Investments Commission
Act 2001 or any similar law in respect ofservices supplied under these terms andconditions or in connection with the card,then our liability for a breach of such awarranty or condition will in any event belimited to:dispute a transaction or reverse an
unauthorised transaction may be lost if
you do not notify us immediately. It is yourresponsibility to regularly review youronline transaction history to identify
unauthorised transactions. Under theseterms and conditions, we may not be
responsible for any loss to you if you do
not dispute an unauthorised transaction
within 30 days.
25.5a) the supplying of the services again; orb) the payment of the cost of having theservices supplied again.
24.5

We do not make or give any express or
implied warranty or representation inconnection with the card (including quality
or standard or fitness for any purpose),
other than as set out in these terms andconditions or when the warranty or
representation is imposed or required bylaw and cannot be excluded.

24.6

Any failure or delay enforcing a term of
these terms and conditions does notmean a waiver of them.

25

Problems or disputes

25.1

When you provide feedback to us, we havethe opportunity to improve our services toyou. If you have a query about the accountor the card, you should initially direct thequery to us. We can be contacted at:

Mail: GPO Box 3, Melbourne VIC 3001
Phone:
1800 931 678 (free call)
Website: afca.org.au
Email: info@afca.org.au
26

Privacy and information collection

26.1

We collect your personal information sothat we can establish and administer youraccount and card. We may also use yourpersonal information in accordance withthe terms of our privacy policy, including
to:a) tell you about products and services
offered by us or our affiliatecompanies (unless you tell us not to);and

Email: complaints@nimble.com.au
Phone: 133 156
25.2

We’ll aim to provide you with a solution to
your complaint within 5 business days. We
only ask that you provide as muchinformation as possible to assist us in aquick resolution.

25.3

If the matter is more complex, it may takea longer time to resolve. We’ll aim toresolve your complaint within 30 days at
the absolute most. In such cases, we’ll
ensure we keep you informed of the
progress of the matter throughout.

25.4

Where the card is used for unauthorised
transactions, we will seek to reverse thetransaction
if
we
can
under
the
Mastercard scheme rules. Your ability to

If we are unable to resolve your complaint
to your satisfaction within 30 days or if you
are not satisfied with our resolution, you
may escalate the complaint to anindependent external dispute resolution
service,theAustralianFinancial
Complaints Authority (AFCA). AFCA
provides fair and independent financial
services complaint resolution that is free
to consumers. AFCA can be contacted at:b) satisfy
identification
requirements
under the Anti-Money Laundering &Counter-Terrorism Financing Act 2006
(Cth) and the Rules and othersubordinate instruments under that
Act and such information may beexchanged with verification agencies(which may be overseas).
26.2

We may also exchange information withpays providers:a) to enable the use of the card with thedevice wallet and to improve andpromote the pays providers generally;
andpage 11reasonable notice of changes, but wereserve the right to make immediatechanges to interest rates.

b) to detect and address suspected
security breaches or fraud.
26.3

26.4

26.5

Without your information, we cannot open
your account and make the card available
to you and you should not apply for the
product.

27.1

If you provide us with personal information
about someone else, you should ensurethat you are authorised to do so and agree
to inform that person of the contents ofthis notice.

a) changing the annual percentage rate
(except during any fixed rate period);b) changing the amount, frequency, time
for payment or method of calculating
any payments, including the minimum
repayment amount;

Information will be disclosed to third
parties about the card, or transactions
made with the card, whenever allowed bylaw and when necessary:c) changing the amount, frequency ortime for payment of any fee or charge;d) imposing a new fee or charge;a) for completing a transaction; ore) changing the method of calculating or
debiting interest;b) in order to verify the existence andcondition of a card; orf) reducing(butnotincreasing),
suspending or cancelling your credit
limit;c) to utilise services of affiliates who
assist in providing a card; ord) if you give us permission; org) changing
limits.

e) if you owe us money; orf) if there are legal proceedings or acomplaint in connection with the card;org) to protect against potential fraud andother crimes.
26.6

By applying for and using the card, youconsent to us collecting, using anddisclosing your personal information underthese terms and conditions in the manner
described above.

26.7

Our privacy policy sets out how you canaccess and correct information we holdabout you, how you can complain about abreach by us of your privacy rights andhow your complaint will be handled. Our
privacy policy on our website.

26.8

You may contact our privacy officer in
relation to your personal information (or to
opt out of marketing) on 133 156 orcustomercare@nimble.com.au.

27

Changes to your contract
NOTE: We can make changes to your loan
contract at any time (except interest ratechanges during a fixed rate period). In
making any changes, we will act
reasonably. We will endeavour to give you

Acting reasonably, we may change any
term of this contract at any time without
your consent, including:

27.2

the

use

and

withdrawal

We will give you notice of any change inaccordance with any requirement of the
National Credit Code or any other code or
law which may apply. For example, we will
give:a) notice of an increase in the annual
percentage rate by writing to you, orby newspaper advertisement in a
newspaper
circulating
throughout
your jurisdiction, no later than the dayon which the increase is to take effect;b) at least 20 days written notice if weincrease fees or charges or impose a
new fee or charge, change yourliability for losses for transactions, ormake any other change to thiscontract
which
increases
yourobligations or reduces the time for any
payment;c) written notice of a reduction,suspension or cancellation of yourcredit limit as soon as practicable
after making the change (but no
notice is required where you are indefault); ord) at least 20 days written notice of any
change in the manner in which

page 12interest is calculated or the frequency
with which it is debited or any change
in the amount, frequency, time forpayment or method of calculating any
payments including the minimum
repayment amount.
27.3

28

If you are not satisfied with any change orvariation to this contract, you may close
your account and ask for the card to becancelled and your contract terminated inaccordance with clause 23.
Assignment
NOTE: We may at any time assign, transfer,novate or otherwise deal with our rights
and obligations under this contract
without your consent and without notifying
you first. We may disclose information
about you or this contract to any third
party involved in an actual or proposed
assignment, novation or dealing by us, andthat disclosure may be in a form that may
enable that third party to identify you.

28.1

We may at any time assign, transfer,novate or otherwise deal with our rights
and obligations under this contract in any
way we wish. You must sign any
document or do anything we reasonably
require to enable us to do this. We may
disclose any information or documents weconsider desirable to help us exercise thisright.

28.2

You cannot assign or otherwise deal withyour rights under this contract without ourprior written consent (which will not be
unreasonably withheld).

29

The website

29.1

Although considerable effort is expended
to make the website, the Nimble app andany other operating communication
channels available at all times, nowarranty is given that these channels will
be available and error free every minute of
every day.

29.2

You agree that we are not responsible fortemporary interruptions in service due tofailure beyond our control including, but
notlimitedto,thefailureofinterconnecting
operatingsystems,computer viruses, and forces of nature,labor disputes and armed conflicts.

30

Governing law

30.1

Any legal questions or proceedings
concerning these terms and conditions,the agreement between you and us (whichis governed by these terms andconditions) or the card will be decided
under the laws the State or Territory inwhich you reside when this contract isentered into.

31

Meanings of words used in this contract
account means your Nimble AnyTime
creditaccount
openedtorecordtransactions under this contract.
annual percentage rate means theinterest rate described as such in yourloan offer, as changed from time to time inaccordance with your contract.
available balance means at any time yourcredit limit, less any purchases, cash
advances,
authorisations,fees
andcharges or other amounts debited to youraccount at that time.
card means the tokenised card issued to
you to use with your account.
credit limit means the amount describedas such in your loan offer, as changed
from time to time in accordance with yourcontract, and is the maximum amount ofcredit you can obtain on your account.
contract means the contract (as varied
from time to time) you make with us when
you accept our loan offer. It consists ofyour loan offer and these terms andconditions.
device means a compatible smartphone
or wearable device that supports a device
wallet, enabling you to use the device as apayment
methodforpurchasetransactions.
device wallet means the Apple Pay, Google
Pay or Samsung Pay mobile applications
that store the card as a tokenised card on
a compatible phone or wearable device.
direct debit request means the documentin which you authorise and request us, ora third party as our agent, to debit
amounts from your nominated bankaccount.

page 13due date means in relation to a statement
period, the date specified as the due datein the statement of account for thatstatement period.
ePayments Code refers to the code issuedbytheAustralian
Securities
andInvestments Commission which regulates
consumer electronic payments.
identifier means information that you
know but are not required to keep secret
and which you must provide to perform atransaction (for example, a card number).

your identity
isapparent or
reasonably be ascertained frominformation or opinion.

can
the

pays providers means the mobile payment
and device wallet service created byApple,
GoogleandSamsungPayrespectively.
PIN means the four-digit personal
identification number which you use toaccess some of the card services.

loan offer means the document named
loan offer provided to you along with theseterms and conditions.

statement period means each period forwhich we draw up a statement of accountor, in the case where we are not required
to provide a statement of account, would
have drawn up a statement of account.

Mastercard
meansInternational Incorporated.

terms anddocument.

Mastercard

Mastercard scheme rules means the
Mastercard scheme rules and theMastercard technical operational andsecurity rules.
minimum repayment amount means inrelation to a statement period, the amountspecified as such in the statement ofaccount for that statement period.
Nimble app means our mobile application,
downloadable to a mobile device, usableby you to manage your account and card.
negative balance means a negative rather
than a positive available balance.
nominated bank account means the bankaccount specified at item 7 of the loanoffer, or as otherwise specified by you
from time to time.
outstanding balance means at any timethe difference between all amounts
credited and all amounts debited to youraccount at that time.
pass code means a password or code thatyou must keep secret, that we may requireto authenticate your identity or atransaction. Examples include your PIN
and any access code required to allow
online access to your card details.
personal information means informationor an opinion (including information or an
opinion forming part of a database),
whether true or not and whether recorded
in a material form or not, about you whenconditions

means

this

tokenised card means the process inwhich the sensitive personal information(including, but not limited to, a cardholders
Primary account Number (PAN)) issubstituted for a unique identifier (token)
by Mastercard and stored within a device
for you to use as payment. A tokenised
card can be used for contactlesspurchases as well as card not present
transactions, including online purchases.
unauthorised transaction means a cardtransaction not authorised by you but
does not include any transaction carriedout by you or by anyone performing thetransaction with your knowledge andconsent.
we, us, our means Nimble Australia Pty Ltd(ACN 135 501 807, Australian Credit Licence386010) and its successors and assigns.
websitemeans
ourwebsiteatnimble.com.au, any other website for youraccount or the card and any additional or
replacement website we notify you as thewebsite for the purposes of these terms
and conditions from time to time.
you refers to a person who has been
approved by us to open an account, andyour has a corresponding meaning.
Version: August 2022

page 14

Information Statement
Things you should know about your proposed credit contract
This statement tells you about some of the rights and obligations of yourself and us. It does notstate the terms and conditions of your contract.
If you have any concerns about your contract, contact us and, if you still have concerns, the
AFCA scheme, or get legal advice.
The contract1

How can I get details of my proposed credit contract?
We must give you a precontractual statement containing certain information about yourcontract. The precontractual statement, and this document, must be given to you before ●●your contract is entered into; oryou make an offer to enter into the contract,whichever happens first.
2

How can I get a copy of the final contract?
If the contract document is to be signed by you and returned to us, you must be given a
copy to keep. Also, we must give you a copy of the final contract within 14 days after it ismade. This rule does not, however, apply, if we have previously given you a copy of thecontract document to keep.
If you want another copy of your contract write to us and ask for one. We may charge youa fee. We have to give you a copy ●●3within 14 days of your written request if the original contract came into existence
1 year or less before your request; orotherwise within 30 days of your written request.

Can I terminate the contract?
Yes. You can terminate the contract by writing to us so long as –you have not obtained any credit under the contract; ora card or other means of obtaining credit given to you by your credit provider has notbeen used to acquire goods or services for which credit is to be provided under thecontract.
However, you will still have to pay any fees or charges incurred before you terminated thecontract.
●●

4

Can I pay my credit contract out early?
Yes. Pay us the amount required to pay out your credit contract on the day you wish to
end your contract.

5

How can I find out the pay out figure?
You can write to us at any time and ask for a statement of the pay out figure as at any dateyou specify. You can also ask for details of how the amount is made up.
We must give you the statement within 7 days after you give your request to us. You may
be charged a fee for the statement.

6

Will I pay less interest if I pay out my contract early?

7

Yes. The interest you can be charged depends on the actual time money is owing. However,
you may have to pay an early termination charge (if your contract permits us to charge one)and other fees.
Can my contract be changed by my credit provider?

page 15

Yes, but only if your contract says so.
8Will I be told in advance if my credit provider is going to make a change in the contract?
That depends on the type of change. For example ●●you get at least same day notice for a change to an annual percentage rate. That
notice may be a written notice to you or a notice published in a newspaper.
you get 20 days advance written notice foroooa change in the way in which interest is calculated;a change in credit fees and charges; or
any other changes by us;

except where the change reduces what you have to pay or the change happens
automatically under the contract.
9

Is there anything I can do if I think that my contract is unjust?
Yes. You should first talk to us. Discuss the matter and see if you can come to somearrangement. If that is not successful, you may contact our external dispute resolution
scheme. External dispute resolution is a free service established to provide you with anindependent mechanism to resolve specific complaints. Our external dispute resolution
provider is the Australian Financial Complaints Authority, which can be contacted at 1800
931 678, afca.org.au or GPO Box 3, Melbourne VIC 3001.
Alternatively, you can go to court. You may wish to get legal advice, for example from yourcommunity legal centre or Legal Aid. You can also contact ASIC, the regulator, for
information on 1300 300 630 or through their website at asic.gov.au.
General10What do I do if I cannot make a repayment?
Get in touch with us immediately. Discuss the matter and see if you can come to somearrangement. You can ask us to change your contract in a number of ways:● to extend the term of your contract and reduce payments; or● to extend the term of your contract and delay payments for a set time; or● to delay payments for a set time.

11

What if we cannot agree on a suitable arrangement?
If we refuse your request to change the repayments, you can ask us to review this decision
if you think it is wrong. If we still refuse your request you can complain to the AFCA
scheme. Further details about this scheme are set out below in question 13.

12

Can you take action against me?
Yes, if you are in default under your contract. But the law says that you cannot be unduly
harassed or threatened for repayments. If you think you are being unduly harassed or
threatened, contact the AFCA scheme or ASIC, or get legal advice.

13

Do I have any other rights and obligations?
Yes. The law will give you other rights and obligations. You should also READ YOURCONTRACT carefully.
IF YOU HAVE ANY COMPLAINTS ABOUT YOUR CREDIT CONTRACT, OR WANT MORE INFORMATION,CONTACT US. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH US BEFORE CONTACTING
THE AFCA SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKINGTO US, YOU CAN CONTACT THE AFCA SCHEME OR GET LEGAL ADVICE.
THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENTMECHANISM TO RESOLVE SPECIFIC COMPLAINTS. THE AFCA SCHEME CAN BE CONTACTED AT
1800 931 678, BY EMAIL AT INFO@AFCA.ORG.AU, OR IN WRITING TO GPO BOX 3, MELBOURNE
VIC 3001.
PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT
A LATER DATE.

page 16