Terms and Conditions

These terms and conditions are effective from October 2022.

The Expense Card is a product of Card Works Limited (Card Works, we, our or us). The Expense Card is issued pursuant to a license provided by MasterCard Asia/Pacific Pte. Ltd.

The Expense Card is a prepaid debit card. You (you or the Account Holder) can load funds into your wallet (your Wallet) through our online portal (our Corporate Portal). By loading funds into your Wallet you are pre-paying for the ability to purchase goods and services from merchants who accept Mastercard transactions, up to the available value in your Wallet. You cannot withdraw cash or redeem the card for cash.

By purchasing or using the Expense Card through our Portal, you agree to these Expense Card terms and conditions, and to the Expense Card fees (the Card Fees) available on our website Xpensme.io.

Where these terms and conditions apply to any person to whom you provide a physical or virtual Expense Card (each a Cardholder), you agree to ensure that each Cardholder complies with these terms and conditions. These terms and conditions do not create any relationship between Card Works and a Cardholder.

1. Corporate Portal and App

1.1 We will provide you with a username and password to access the Corporate Portal, through which you will be able to order Expense Cards and load your Wallet, and you agree to keep these details safe and secure. We will treat any card order or load request submitted with these credentials as authorised by you, and you will be liable for any fees and charges payable relating to these orders or requests.

1.2 We will make available a mobile application (the App) through which a Cardholder can activate an Expense Card, block an Expense Card, check the funds available to an Expense Card, and capture and code transaction receipts.

1.3 We do not guarantee that our Corporate Portal or App will be available to you uninterrupted or free of errors.

2. Ordering Expense Cards

2.1 We will fulfil orders for Expense Cards once all order fees have been paid in full and funds have cleared. You can order physical or virtual Expense Cards. Order fees are set out in the Card Fees available on our website Xpensme.io.

2.2 Unless agreed otherwise, orders for physical Expense Cards will be delivered to you by courier. The Expense Cards you receive will become your sole responsibility as soon as they reach the delivery address provided during the order process.

2.3 We retain full responsibility for ordered Expense Cards until they are delivered to the delivery address provided during the order process.

2.4 Virtual Expense Cards will be provided through our Corporate Portal and through the App.

2.5 All Expense Cards and Expense Card numbers are the property of Card Works. You must not copy or reproduce an Expense Card.

2.6 You can order replacement Expense Cards to replace expired, cancelled, stolen or otherwise lost cards. Fees for replacement cards are set out in the Card Fees.

3. Wallet

3.1 Through our Corporate Portal you can load into your account the funds which will be available to be spent through your Expense Cards. This is called your company Wallet.

3.2 Your Company Wallet will be in your name as Account Holder. The Wallet will not be in the name of any Cardholder and no Cardholder will have control over the Wallet.

3.3 You can load funds into your Wallet as many times as you wish.

3.4 Interest will not accrue on funds you have loaded into your Wallet.

3.5 You cannot withdraw funds from your Wallet. If this agreement is terminated we will refund you in accordance with clause 17.

4. Subscriptions

4.1 Each physical Expense Card and each virtual Expense Card requires a separate subscription.

4.2 Unless you choose a longer fixed-term subscription period under clause 4.4, each subscription is a rolling one-month subscription payable in advance on:

(a) the day:

(i) the Expense Card is activated; or

(ii) after the expiry of the previous fixed-term subscription; and

(b) the first day of each subsequent calendar month.

4.3 If a one-month subscription starts on a day other than the first day of a calendar month, that month’s subscription fee is pro-rated from that day until the last day of that calendar month.

4.4 Subscription fees are set out in the Card Fees and are determined by the number of subscriptions you hold. The threshold number of subscriptions is also set out in the Card Fees.

4.5 The subscription fee that applies to an Expense Card is determined at the time the Expense Card subscription is begun or renewed. Any change in the subscription fees that apply to you will not take effect for any existing Expense Card subscription until that Expense Card subscription is renewed. You agree that if you increase the number of subscriptions you hold past a relevant threshold during the term of an existing subscription, you will not receive a refund or credit for the remainder of that subscription term in relation to your new, reduced subscription fees.

5. Other fees

5.1 In addition to subscription fees, card ordering fees, insufficient funds fees and foreign exchange fees referred to in these Expense Card terms and conditions, you will pay physical card fees, inactivity fees and other fees you might incur from time to time in relation to actions you take or things you ask Card Works to do. All fees and the frequency with which they are incurred are set out in the Card Fees available on our website Xpensme.io.

6. Payment of fees

6.1 You agree that we can deduct subscription fees, card ordering fees, insufficient funds fees, foreign exchange fees, physical card fees, inactivity fees and any other fees incurred by you from the funds available in your Wallet. If there are insufficient funds available in your Wallet we have the right to block your Expense Cards until your Wallet holds sufficient funds to pay the fees and we have deducted the fees.

7. Use of Expense Cards

7.1 You agree that the Expense Cards you receive will be used in compliance with all laws, regulations, and legally binding codes.

7.2 You agree that Expense Cards you receive will only be used for your legitimate business expenses.

7.3 You will not take any action that would cause Card Works or any of our affiliates, subsidiaries, directors, officers, employers, or agents to break any laws, regulations, or legally binding codes.

7.4 You will not make statements or representations in relation to Expense Cards or Card Works which may be construed as misleading or deceptive. Any review of promotional material performed by Card Works does not relieve you of this responsibility.

7.5 Expense Cards and subscriptions are not transferable. You may permit a Cardholder to use an Expense Card on your behalf in accordance with these terms and conditions. You must not allow an Expense Card to be used by anyone other than the relevant Cardholder.

7.6 You agree that in consideration for you permitting a Cardholder to use an Expense Card on your behalf, you will procure the agreement of that Cardholder to comply with these Expense Card terms and conditions.

7.7 An insufficient funds fee will apply for any card not present transaction where the transaction is declined due to insufficient funds. This fee is set out in the Card Fees.

7.8 You are responsible for all transactions made on an Expense Card, except as otherwise provided in this agreement.

8. Receiving and activating Expense Cards

8.1 Each virtual Expense Card will be activated upon issue.

8.2 Each physical Expense Card must be activated by the relevant Cardholder in the App once the Expense Card is received.

8.3 The Cardholder of a physical Expense Card must select a PIN for that card. The PIN must be set on our Corporate Portal or the App. The PIN must not be written down or disclosed to any other person. If the PIN becomes known to someone else or a record of it is lost or stolen, the Cardholder must immediately change the PIN on the Corporate Portal or App.

9. Cancellation

9.1 We may decline, suspend the processing of, or cancel any Expense Card order or transaction at our sole discretion if, acting reasonably, we believe:

(a) this will result in unlawful use of the Expense Card, breach of these terms and conditions, or potential damage to the brand or reputation of MasterCard or Card Works; or

(b) you have provided us with incorrect or misleading information.

9.2 You may cancel an Expense Card at any time via our Corporate Portal. You must immediately destroy any cancelled card. The subscription for any cancelled Expense Card will continue until the day that is the later of:

(a) the day the current subscription expires; and

(b) the first day on which the subscription expires that falls after the day that is six months from the date the Expense Card was activated. If the current subscription would expire before that day, the subscription will continue until that day on a rolling one-month basis.

9.3 You can block an Expense Card if it is lost or stolen. To block a card, access our Corporate Portal or the App, or phone us on our support number listed on our website Xpensme.io.

9.4 If we believe that an Expense Card has been stolen or compromised, or is being used fraudulently or for criminal activity, or in breach of these terms and conditions, we have the right to block your card without notice. We will reverse the block promptly once the matter has been resolved to our reasonable satisfaction. If the matter is not resolved within 30 days, or if required to comply with a court order, we may permanently cancel your card without notice.

10. Card expiry

10.1 Each Expense Card will expire on the date printed on the front of the card. You can order a replacement card. You must destroy any expired card.

11. Use of Expense Cards by Cardholders

11.1 In this clause 11, “you” and “your” refers to you as the Account Holder and each Cardholder where applicable.

11.2 Before using a physical Expense Card you must sign the Expense Card with your usual signature in the space provided on the back of the card.

11.3 You can use an Expense Card as many times as you wish so long as the funds required for each transaction are available.

11.4 You cannot use an Expense Card after its expiry date, after it has been cancelled or while it is blocked.

11.5 You cannot use an Expense Card to withdraw cash or redeem an Expense Card for cash. You cannot use an Expense Card for automated fuel dispensers, money orders, wire transfers or gambling.

11.6 You must not give out your Expense Card or card details (with the exception of the customer number printed on the back of the card) to anyone.

11.7 If you use an Expense Card for foreign currency transactions, the purchase amount will be converted into New Zealand dollars at the exchange rate determined by Mastercard on the date the transaction details are made available to Card Works. That amount and a foreign exchange fee, as set out in the Card Fees, will be deducted from the available funds in your Wallet.

11.8 Because the use of your Expense Card is subject to government requirements, transactions made in overseas countries prohibited by U.S laws and regulations may be declined or charged back.

11.9 You cannot authorise or allow any transaction where you know, or have reasonable grounds to expect, that the transaction will exceed the available funds on your Expense Card. Please check your remaining card balance on our Corporate Portal or the App regularly and be aware of merchants that may charge or process payments in a way that could exceed the available funds, such as car rental businesses, hotels and motels.

12. Disputing a transaction

12.1 If you wish to dispute a transaction you must tell us within 60 days from the day on which the disputed transaction occurred. If you don’t report the transaction within this timeframe we cannot reverse it, even if it turns out to have been unauthorised. You cannot dispute a transaction if you change your mind or make a mistake about a purchase or if the purchase was made with the card by you or with your permission. Instructions for disputing a purchase are set out on our website Xpensme.io.

13. Liability for transactions

13.1 If you or the Cardholder has changed the PIN, blocked the Expense Card and told us that the Expense Card has been lost or stolen, or the PIN disclosed, you will not be held responsible for any unauthorised use of the card after that time.

13.2 Clause 13.1 does not apply if you or the Cardholder has acted fraudulently or negligently.

14. Use of the Expense Card Brand

14.1 You cannot use, publish or distribute any material (promotional or otherwise) unless you have obtained our prior written approval. We will consider requests to approve material on a case-by-case basis. Any approval shall only be applicable to the particular instance sought and shall not be deemed to be approval for subsequent material.

15. Updating our Terms and Conditions

15.1 We may update these Expense Card terms and conditions and the Card Fees by posting changes to our website Xpensme.io. Any changes will automatically take effect 14 days after they are posted or at any later date, we specify for that purpose. We do not need to notify you personally of any changes. Examples of when we might exercise this right include:

(a) to respond to changes in legal or regulatory requirements;

(b) to respond to market changes;

(с) to improve our products and services; and

(d) to make changes that are reasonably necessary for our legitimate business purposes.

16. Entire Agreement

16.1 These Expense Card terms and conditions together with the Card Fees available on our website Xpensme.io form the entire agreement between us with respect to any Expense Card, or any other services provided to you by Card Works under those terms and conditions.

17. Termination

17.1 If you fail to comply with these terms and conditions we may terminate our business relationship with you by notice in writing.

17.2 You may terminate this agreement upon giving us at least 30 days’ notice in writing.

17.3 We may permanently cancel your card as part of a general withdrawal of the Expense Card from the market, a withdrawal of the sub-product or category your Expense Card belongs to, or as part of a general upgrade of our infrastructure that supports the use of the Expense Card. If we do this, we will give you at least 180 days’ notice through our Corporate Portal and by:
(a) sending notice to you by email to the email address provided to Card Works on our Corporate Portal. You will be deemed to have received this notice on the day we email it; or
(b) sending notice to you by post to your registered office. You will be deemed to have received this notice on the third day after we post it.

17.4 If this agreement is terminated you must stop using and destroy all your Expense Cards.

17.5 If this agreement is terminated we will refund you the funds available in your Wallet, following deduction of any outstanding fees and charges. You will remain fully liable for all subscription and other fees incurred up to the date this agreement is terminated.

17.6 At the date this agreement is terminated, if any Expense Card subscription has not continued for at least six consecutive months from the date the Expense Card was activated and will not, by the expiry of the current subscription, have continued for at least six consecutive months from the date the Expense Card was activated, we may deduct from the funds available in your Wallet an amount as a subscription fee equivalent to the subscription fees that would be incurred for the balance of time from the next renewal date until the date six months from the activation date, calculated by reference to our monthly standard fee.

18. General Terms

18.1 You agree that nothing in these terms and conditions will entitle you to any title, rights or interest in any intellectual property or other rights contained in or relating to the Expense Card and that you will not modify, reproduce, reverse engineer or alter any Expense Card in any manner whatsoever.

18.2 You agree to indemnify Card Works, and its affiliates, subsidiaries, directors, officers, employees and agents for any loss, claim or expense incurred by them arising from:
(a) any breach of these terms and conditions by you or a Cardholder; and
(b) any claim made against us by a third party in relation to the use of an Expense Card that we provide to you, where the claim arises as a result of or in relation to your or a Cardholder’s breach of these terms and conditions.

18.3 Our liability to you under or in connection with your Expense Card will be limited to the available value on your card. We will not be liable to you under or in connection with your Expense Card for any indirect or consequential loss, or any loss of profits, cost savings, opportunity, or reputation, regardless of the cause. These limitations and exclusions apply to all forms of liability (whether in contract, equity, negligence, or otherwise), except to the extent that we cannot lawfully exclude or limit that liability by contract.

18.4 You agree that the Expense Cards provided to you under these terms and conditions are supplied and acquired in trade and that the Consumer Guarantees Act 1993 will not apply. This applies for our benefit and also for the benefit of any other "supplier" (as defined in that Act) involved in the manufacturing or supply of Expense Cards.

18.5 You agree that you and any Cardholder will provide us with all information requested by us from time to time that we consider we require to enable us to fulfil our obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. You agree that we may terminate this agreement or stop or delay any transaction under this agreement if you or any Cardholder do not provide the information we require in the time and manner specified by us or we believe you or any Cardholder have provided us with incorrect or misleading information. Our Privacy Policy available on our website Xpensme.io applies to all information you provide to us or we collect about you.

18.6 We may assign any of our rights and obligations under these terms and conditions to any other person or business, subject to that person or business assuming our obligations under these terms and conditions. We can perfect the assignment by posting our notice to our website Xpensme.io.

18.7 We will collect and deal with your and any Cardholder’s personal information in accordance with our privacy policy (our Privacy Policy) available on our website Xpensme.io. You will ensure that each Cardholder is aware of our Privacy Policy.

18.8 If any part of these terms and conditions is found to be illegal, invalid, or otherwise unenforceable, then this will not affect the legality, validity, or enforceability of the rest of these terms and conditions. We can also change these terms and conditions to fix the problem in accordance with clause 15.

18.9 If any aspect of these terms and conditions conflicts with any right given to you by law these terms and conditions will override or exclude those rights to the extent permitted by the law. These terms and conditions are to be read subject to all applicable laws.