SORBET CARD PROGRAM AGREEMENT
Last Updated: April 28th, 2022
This Sorbet Card Program Agreement (“Card Agreement”) sets forth the terms and conditions governing your virtual Visa Prepaid Card (“Card”) as part of the Sorbet Card Program (“Program”). The Card is a VISA prepaid consumer card co-branded in the brand of VISA and Sorbet Australia Pty Ltd ACN 654 052 089 (“Sorbet”) and issued by Nium Pty Ltd (ACN 601 384 025) (“NIUM”) under NIUM’s Australian Financial Services Licence Number 464627 and pursuant to the exemption for low value non-cash payment facility (“NCP Exemption”) under ASIC Corporations (Non-cash Payment Facilities) Instrument 2016/211 (“NCP Instrument”) through VISA. This Card is provided to you as part of the Program.
In the Card Agreement, the words “you” and “your” mean the person who received the Card and/or the person who has been authorized to use the Card. “We,” “us,” “our,” mean Sorbet.
By accepting, activating and/or using the Card, you represent that you have read and understand and agree to this Card Agreement. The Card can be used on the Visa Network (“Payment Network”) to spend funds loaded into the account associated with your Card in which we account for the transactions, fees and other claims associated with your card (“Card Account”). You may use the Card to make a request to make a payment with a Card to a merchant for the purchase of goods and services (“Card Transaction”).
Registering for the Card Program
To participate in the Program, you must (a) accept and agree to this Card Agreement and the NIUM Prepaid Card Terms and Conditions which will be issued by NIUM, (b) register on the Sorbet website (“Website”) or in the Program's mobile app (the “App”); (c) be an Australian citizen (or a permanent resident in Australia) of at least 18 years of age (except if we provide you a written exception to this requirement); (d) provide us with a verifiable address (not a P.O. Box); and (e) provide all requested information, such as your name, date of birth, address, email address and such other information as we may request from time to time (collectively, “User Information”). You represent and warrant that all information, including User Information, you provide us from time to time is truthful, accurate, current and complete. You agree to notify us promptly of changes to any User Information. It is a condition of this Card Agreement that you comply in all respects with the requirements of the NIUM Prepaid Card Terms and Conditions. You undertake to Sorbet to do so. If you breach that undertaking, then Sorbet has the same rights as against you, as NIUM does under the NIUM Prepaid Card Terms and Conditions.
NIUM and/or Sorbet may contact you from time to time regarding your Card. NIUM and Sorbet may contact you in any manner we choose unless the law says that we cannot. For example, we may:
contact you by mail, telephone, email, fax, recorded message, text message or personal visit;
contact you by using an automated dialing or similar device (“Autodialer”);
contact you at your home and at your place of employment;
contact you on your mobile telephone;
contact you at any time, including weekends and holidays;
contact you with any frequency;
leave prerecorded and other messages on your answering machine/service and with others; and
identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.
Our contacts with you about your Card are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number using an Autodialer and can also leave prerecorded and other messages. We may do these things whether we contact you or you contact us.
If you ask us to discuss your Card with someone else, you must provide us with documents that we ask for and that are acceptable to us.
CARD ACCOUNT TERMS
3. Activating the Card
You cannot use your Card to perform transactions until you have activated your Card. By activating your Card or participating in the Program in any way you represent that you have read, understand and agree to be bound by this Card Agreement. You may activate a Card by logging into www.getsorbet.com. To activate a Card, you will need to provide certain information so we can verify your identity.
4. Card Security
You are responsible for securing the Card, account numbers and Card security features (including the card verification value (“CVV”).
5. Funding of the Card
The only funds available to be accessed through the Card are the funds as described in the NIUM Prepaid Card Terms and Conditions. You may not directly add funds to your Card Account by any other method. You cannot add funds to your Card Account by sending us any personal cheques, cashier’s cheques or money orders. We will return any cheques and money orders unless your Card Account has a negative balance, in which case we may, in our sole discretion, apply the proceeds of the cheque or money order towards the negative balance of your Card Account and return the balance to you.
We reserve the right to charge any fees, which may include the following fees:
Card Replacement fee
Paper Statement fee
7. Foreign Transactions
The Card may be used for transactions outside Australia.
8. Change in Terms
We may, to the extent permitted by applicable law, amend the terms and conditions of this Card Agreement (or add additional terms) at any time by posting the amended terms on the CARD PROGRAM website, and taking reasonable steps to notify you of such amended terms in writing. The most up to date Card Agreement may be found at https://www.getsorbet.com/sorbet-card-terms.
9. Card Account Balance/Account Information
It is important to know the amount available in your Card Account before initiating a Card Transaction using the Card. You may obtain information about the amount of funds remaining on the Card Account online at [https://lite.sorbetapp.com/your-card] The maximum value held in your Card Account will not exceed AUD$1,000 pursuant to the exemption for low value non-cash payment facility under ASIC Corporations (Non-cash Payment Facilities) Instrument 2016/211.
10. Expiration Date
The expiration date of your Card will be sent to you when your Card is activated and is available with your Card information online at https://lite.sorbetapp.com/your-card.
In this clause, (a) words and expressions that are not defined in these terms and conditions but which have a defined meaning in the GST Law have the same meaning as in the GST Law, (b) “GST” means GST within the meaning of the GST Law and includes penalties and interest and (c) “GST Law” has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
Except as otherwise provided in these terms and conditions, all consideration payable under this document in relation to any supply is exclusive of GST.
If GST is payable in respect of any supply made by a supplier under this document (“GST Amount”), the recipient must pay to the supplier an amount equal to the GST payable on the supply. Subject to suc-clause (iv), the recipient must pay the GST Amount at the same time and in the same manner as the consideration for the supply is to be provided under this document in full and without deduction, set off, withholding or counterclaim (unless otherwise provided in this document).
The supplier must provide a tax invoice to the recipient before the supplier will be entitled to payment of the GST Amount under sub-clause.
If this document requires a party to pay, reimburse or contribute to any expense, loss or outgoing suffered or incurred by another party, the amount which the first party must pay, reimburse or contribute is the sum of (a) the amount of the payment, reimbursement or contribution, less any input tax credit in respect of the payment, reimbursement or contribution to which the other party is entitled (b) if the payment, reimbursement or contribution is subject to GST, an amount equal to that GST.
If an adjustment event occurs in relation to a taxable supply under this document (a) the supplier must issue an adjustment note to the recipient within 7 days after becoming aware of the adjustment, and (b) any payment necessary to give effect to that adjustment must be made within 7 days after the date of receipt of the adjustment note.
12. Entire Agreement
This Card Agreement and the NIUM Prepaid Card Terms and Conditions constitutes the complete understanding of you and us with respect to the Card portion of the Program and supersedes all prior understandings, arrangements or agreements, whether written or oral, regarding the Card portion of the Program.
13. Cumulative Rights, Construction, Waiver
Our rights and remedies under this Card Agreement are cumulative, and we may enforce any of our rights or remedies under this Agreement, along with all other rights and remedies available to us at Law, in equity or under the rules of the Payment Network. No provision of this Card Agreement will be construed against us on the basis of Sorbet being the drafter. Unless expressly stated otherwise, the use of the term “including” or “such as” is not to be interpreted as limiting the generality of the text preceding the term. No waiver by any party of any breach of any provision of this Card Agreement to be performed by a party will be construed as a waiver of any succeeding breach of the same or any other provision of this Card Agreement. We do not waive our rights by delaying or failing to exercise them at any time.
If one or more provisions of this Card Agreement (or the application thereof) is determined invalid, illegal or unenforceable in any respect in any jurisdiction, we will have the right either to continue this Card Agreement as severed or to terminate this Card Agreement in whole.
We may transfer, sell or assign the Card Account, Card, this Card Agreement or any other rights or obligations under this Card Agreement without providing you notice. You may not transfer, sell or assign your Card Account, Card, this Card Agreement or any of your obligations under this Card Agreement to another person or entity without our prior written consent. Any assignment in violation of the foregoing will be null and void from the beginning.
16. Force Majeure
Neither you nor us will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures or equipment failures; labor strife, riots, war or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control.
17. Additional Services
From time to time, we may offer you additional features or services that may be subject to additional or different terms of service. You may not use these additional services unless you agree to the applicable agreement or terms for those services. We may also provide you access to services identified as “beta” or pre-release services. You understand that these services are still in development, may contain bugs or errors, may be feature incomplete, may materially change prior to a full commercial launch, or may never be released commercially. We provide beta services AS IS, and without warranty of any kind, and your use of, or reliance on beta services is at your own risk.
18. Governing Law
This Card Agreement will be governed by and construed in accordance with the laws of Victoria, Australia, without giving effect to any internal principles of law that provide for the application of the law of another jurisdiction.
19. Limitation of Liability
Except as otherwise expressly provided in this Card Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer your Card, Card Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary or punitive damages arising out of or relating in any way to any Card, your Card Account, any products or services purchased using a Card or the Card Account, or this Card Agreement.
Disputes: For questions or complaints about this Card Agreement, you can contact us at firstname.lastname@example.org. If you have an issue with your Card or a dispute arises between you and us, you agree to contact us to try and resolve the dispute within 20 Business Days. If you are not able to resolve your dispute directly with us within the period referred to above, either you or we may elect to resolve any dispute by referring the dispute for mediation. The mediator will be appointed by the Institute of Arbitrators and Mediators Australia. Each party must use reasonable endeavours to settle the dispute, cooperate in good faith with the mediator and each other in the conduct of the mediation and do all things reasonably necessary for the proper, expeditious and efficient conduct of the mediation.
Covered Claims: We or you may refer any Claims to mediation. A “Claim” is a claim, dispute or other disagreement between us and you. Claims may be subject to mediation no matter what they are based on or what remedy they seek.