Includes:

Credit Guide, Contract Documents & Important

Notices About Your Credit Card, Privacy Notice,

Loyalty Terms and Conditions and (if applicable)

Insurance and Concierge Terms and Conditions

VALID THRU KATE WILSON

This document applies to the following:

Coles MasterCard ® (Rewards)

Coles MasterCard ® (No Annual Fee)

Coles MasterCard ® (opened prior to 1 February 2012)

Coles and Coles Pay Tag are registered trade marks of Coles

Supermarkets Australia Pty Ltd ABN 45 004 189 708.

MasterCard® brand and PayPass are registered trade marks

of MasterCard International.

flybuys is a registered trademark of Loyalty Pacific Pty Ltd.

ABN 82 057 931 334. Credit provided by GE Capital Finance

Australia. ABN 42 008 583 588, trading as GE Money.

GE Capital Finance Australia ABN 42 008 583 588, Australian

Credit Licence Number 392145. This credit guide gives you some

information about our responsible lending obligations and

dispute resolution procedures. If you have any queries, you can

contact Customer Solutions on 1300 306 397.

the credit limit of an existing credit contract if the contract

would be unsuitable for you. A contract will be unsuitable for you

if at the time of our assessment it is likely that you will be unable

to comply with your financial obligations under the contract or

could only do so with substantial hardship, or if the contract will

not meet your requirements and objectives.

In order to ensure that we do not enter into a contract with you

that is unsuitable, we are required to make reasonable inquiries

about your financial situation, your requirements and

objectives and to take reasonable steps to verify your financial

situation.

unsuitable for you before we enter into the contract or agree

to increase your credit limit. You may also request a copy of the

assessment within 7 years of the date the contract is entered into

or your credit limit is increased. If your request is made within 2

years, we will provide you with the assessment within 7 business

days of your request, otherwise we will provide you with the

assessment within 21 business days. We will not charge you a

fee for providing the assessment.

If you have a complaint, please contact us first. We have a free

internal dispute resolution procedure which you can access by

telephoning us on 1300 369 340 or by writing to GE Money at

572 Swan Street, Richmond VIC 3121. To help ensure we address

your complaint quickly please provide us with your name,

address and account number and all the relevant information

relating to your complaint. Once we are aware of your

complaint our staff will take the appropriate steps to address

your concerns straight away. If the staff member is not able to

resolve this with you immediately the matter will be further

investigated and all reasonable steps will be taken to resolve the

matter with you or your authorised representative. If however,

you are not satisfied with the outcome of your complaint, our

external dispute resolution provider is the Financial

Ombudsman Service Limited and can be contacted at

1300 780 808, www.fos.org.au or at GPO Box 3, Melbourne

VIC 3001 (Australia).

1

Your credit contract comprises the Conditions of Use and the

1. When are you bound by the credit contract?.........................03

2. What can a card be used for? .........................................................03

3. The cash advance facility................................................................. 05

4. Balance transfers................................................................................ 05

5. Can additional cards be issued?.....................................................06

6. Card features...........................................................................................06

7. Card ownership, expiry and reissue..............................................07

8. What is your credit limit?..................................................................07

9. Statements of account and statement periods..................08

10. Amounts debited to your account...............................................08

11. What fees and charges apply?........................................................09

12. Can fees and charges change or

new ones be introduced?....................................................................10

13. What is the minimum amount you must pay for

each statement period?..................................................................... 11

14. How is the minimum monthly payment

and the closing balance calculated? ...........................................12

15. How is the overdue amount calculated?...................................12

16. How is the overlimit amount calculated?.................................12

17. From when do you get credit for a payment?...........................12

18. How are payments applied?...............................................................13

19. How are refunds processed and applied?...................................15

22. How will interest on the cash advance balance

be calculated?........................................................................................... 16

2

23. How will interest on balance transfers

be calculated?........................................................................................... 16

24. Can an annual percentage rate change?................................17

25. How frequently will interest be debited?......................................17

26. How will you know what the interest is for a

statement period?............................................................................... 18

27. Do we charge interest on any interest

or on fees and charges?....................................................................... 18

28. How do special promotions work?.............................................. 18

29. What happens on default?................................................................. 19

30. When can a card be suspended or cancelled or an

account closed?.......................................................................................20

31. Looking after your card.......................................................................20

32. Who pays for unauthorised transactions which

are not EFT transactions?.................................................................22

33. Additional conditions for EFT transactions.............................23

37. Complaint handling...............................................................................24

38. Some cases when we are not liable..............................................25

39. We may act on your instructions...................................................25

40. You must advise us of a change in contact details................25

41. Compliance with legislation..............................................................25

42. Changes to the credit contract.......................................................25

43. Is it possible for credit contract terms to be waived?.............25

44. Access to information...........................................................................25

45. Notices..........................................................................................................26

46. Effective dating and adjustments..................................................26

47. Some cases in which we may be liable........................................27

48. Interpretation...........................................................................................27

3

This document does not contain all the pre-contractual

information we are required by law to give you. Further terms

and conditions are in the Coles MasterCard Financial Table.

Words printed like this are explained in 48 together with some

other key words. We strongly recommend that you read these

Conditions of Use and the Coles MasterCard Financial Table

carefully and ensure that any additional cardholder also does

so. If you have any questions please contact us.

additional cardholder use the account to access credit or

you tell us.

2.1 A card can be used to obtain credit from us in the following

ways, except that a Coles Pay Tag shall not be used for cash,

(a) Subject to 2.8, to pay for all or part of the price of goods

and services, except that for payments via a Coles Pay Tag

in conjunction with a PayPass reader:

(i) payments are limited to $100 or the equivalent in foreign

funds without the use of a PIN;

(ii) payments exceeding $100 or the equivalent in foreign

funds must be made with a PIN; and

(iii) at our discretion and subject to a supplier and

MasterCard International’s acceptance, with the signature

of the cardholder or additional cardholder;

(b) Subject to 3, for cash,

(c) Subject to 4, for balance transfers,

(d) Subject to 2.10, for BPAY payments; and

(e) In our discretion, for cash equivalent transactions,

where the goods, services or cash are obtained from a

otherwise nominated by us. However:

Coles MasterCard credit card for any or all transactions;

4

(ii) if your card is a temporary shopping card, it will only be

accepted by certain Coles retailers; and

(iii) in our discretion, we may decline authorisation for any

transaction on your account or for transactions on any card

issued by us on your account.

2.2 A card can only be used to obtain credit if:

(a) you have first activated your card in accordance with our

procedures; and

(b) the card is presented to the supplier or financial

institution; or

(c) the supplier or financial institution is given details of the

card in some other way we have approved; and

(d) the person using the card or supplying the details is,

or purports to be, the relevant cardholder.

2.3 A card presented to a supplier or financial institution may

not be accepted unless:

(a) It is signed by the cardholder and is used prior to the

expiry date on the face of the card; and

(b) the cardholder signs a voucher and the signature

matches the signature on the card or the cardholder enters

the PIN; and

(c) the account has not been closed under 30 or use of the

card has not been suspended or cancelled under 30; and

(d) any identification required by the supplier or financial

institution is provided.

2.4 A card, but not a Coles Pay Tag can also be used, subject

to 4, to obtain credit from us to pay out credit contracts with

credit providers, including us or our related entities.

accordance with 46.1, and the credit we provide in respect

of those amounts is payable in accordance with this

credit contract.

2.6 For any transaction, if the card is used in conjunction with

the PIN or password, the transaction is treated as being

made or authorised by you. See Part H on how you may

dispute an unauthorised transaction.

2.7 If a card is used without your consent in cases involving an

EFT transaction, your responsibilities are set out in 31 to 36.

2.8 A card must be used wholly or predominantly for personal,

domestic or household purposes.

2.9 You must ensure the chip on a card is protected at all times

from misuse including tampering, damage, destruction or

any form of unauthorised use. Only you can use the chip on

5

a card for any of the available services. Your card may be

subject to forfeiture if the chip is used by anyone other than you.

2.10 If we advise you that this service is available, you may pay

Online Service Centre. If there is any inconsistency between the

terms and conditions will apply to the extent of that inconsistency.

3.1 The minimum amount of a cash advance may vary

between suppliers and financial institutions. A daily limit

may apply to cash advances a cardholder may obtain on

any day.

provide identification in accordance with their operating

procedures.

3.3 We may decline requests for cash equivalent transactions

3.4 Your cash advance balance must not at any time exceed

the cash limit. We may reduce the cash limit at any time at

our discretion and without your consent. We may suspend or

withdraw the cash advance facility at any time.

4.1 If we make a balance transfer offer, you may ask us to

effect one or more balance transfers for you to pay

amounts you owe under a credit contract for a credit card

(including a store or charge card) with us or any other person

(“other account”) while that offer is current.

4.2 We may accept or decline your request for a balance

6

in our discretion.

(a) you are the primary cardholder and liable for both this

account and the other account;

(b) the other account is of a type in relation to which we

ordinarily accept balance transfers (for example we do) not

accept balance transfers from other Coles MasterCard or

Coles Group Card™ accounts, or credit cards issued outside

Australia);

(c) you comply with any conditions we specify in relation

(d) you properly authorise the balance transfer;

(e) you provide all information reasonably requested by

us to effect the balance transfer; and

(f) the balance transfer will not result in your credit limit

being exceeded.

4.4 You should continue to make any required payments to any

account from which you transfer a balance until you receive

a statement confirming that the account has been credited.

We will not be liable for any overdue payment or interest

incurred.

5.1 We may issue an additional card to anyone over the age of

5.2 You will be liable for any use of a card, and any breach of the

credit contract, by a cardholder. However, you will not be

liable if the additional cardholder’s right to use the card

was previously withdrawn in accordance with 5.3.

5.3 An additional cardholder’s right to use a card will be

withdrawn (and the card cancelled) when:

(a) you have notified us you want that to happen; and

(b) we have received the card.

we have not yet received the card, you will only be liable for

amounts that relate to transactions that are processed

without first being authorised by us.

6.1 If you request and we agree, we may change the features

applicable to the card or cards issued on your account.

7

To do this, we may:

(a) issue replacement cards, in which case the change will

take effect from the date you activate your new card; or

(b) treat your existing account as having the new or varied

features, in which case the change will take effect from the

date we process the change to the features of your account.

6.2 If we send you replacement cards pursuant to 6.1, you must

destroy any replaced cards by cutting them diagonally in half

and disposing of them securely.

6.3 With effect from the features change date:

(a) the annual fee under this credit contract will be the

annual fee (if any) applicable to an account with a card

having the new or varied features; and

(b) if previously an annual fee was payable, but as a result of (a),

no annual fee will apply, we will not charge you an annual

fee after the features change date, however we will not

refund any annual fee already charged to your account; and

(c) if previously no annual fee was payable, but as a result of

(a), an annual fee will apply, the new annual fee will first be

charged in accordance with the financial table or, if advised

7.1 Each card is our property. You must immediately return each

card to us on demand.

7.2 You must destroy any card when any expiry date on it has

passed, when we send you a replacement card, or when you

wish to dispose of a card, by cutting it diagonally in half and

disposing of it securely.

because an existing card has reached, or will soon reach,

its expiry date, replacing a card which has been reported

to us as a lost or stolen card and where a new card is issued

under 6.1. All such cards are subject to the credit contract.

We reserve the right to reissue or replace a card.

8.1 Your credit limit and cash limit is set out in the

financial table.

8.2 We may increase your credit limit either generally or for

a specified period or until a specified time at your request

8

or with your consent in any form required by law.

8.3 We may also reduce your credit limit at any time without

your consent.

8.4 Transactions made by you or any additional cardholder

must not exceed the credit limit without our prior approval.

You must immediately pay the amount of any excess of the

The latter clauses deal with the situation where you have

not met your obligations under this clause.

8.5 Your cash limit is set out in the financial table.

9.1 A statement of account will be issued to you at a

predetermined date each month after the end of each

statement period unless the law says we do not have to.

9.2 The period of a statement period is determined by us but

will not exceed 40 days.

9.3 Amounts on your statement of account will be expressed

in Australian dollars.

9.4 A purchase and a cash advance and any other charge

incurred in a currency other than United States dollars will

be converted into a United States dollar equivalent as at the

date it is processed by MasterCard International

Incorporated. Those United States dollar equivalents and

any purchase, cash advance or other charge incurred in

United States dollars will be converted to an Australian

dollar equivalent at our discretion by:

(a) MasterCard International Incorporated as at the date of

processing in the United States; or

(b) us as at the date of processing in Australia. The relevant

fees set out in the financial table and 11 will apply.

9.5 You should check all entries on your statement of account.

You must report any apparent error or possible

unauthorised use of the account to us immediately, to

enable us to assist with resolving the issue.

10.1 Your account will be debited with, and you agree to pay to us:

(a) the amount of each purchase;

(b) the amount of each cash advance;

(c) the amount of any cash equivalent transaction;

(d) the amount of each balance transfer;

(e) interest calculated under 20, 21, 22 and 23;

(f) fees and charges described in 11.1; and

(g) any other amounts owing under the credit contract.

9

10.2 You agree that:

(a) the amount shown on a sales voucher or any other

evidence of a purchase is sufficient evidence of the purchase

and the amount of the purchase;

(b) the amount shown on a cash advance voucher or any

other evidence of a cash advance is sufficient evidence of

the cash advance and the amount of the cash advance;

(c) the amount shown on a cash equivalent transaction

in respect of the cash equivalent transaction;

(d) the amount shown on a balance transfer voucher or any

other evidence of a balance transfer is sufficient evidence

(e) the above applies regardless of whether the voucher or

other evidence is signed by a cardholder.

10.3 For the purposes of 10.2, the voucher or other evidence of

a matter or amount will not be sufficient evidence of that

matter or amount if you dispute its accuracy within a

reasonable time and it is proven to be incorrect. This clause

and 10.2 do not limit any rights you have to dispute

a transaction in the way described in Part H.

11.1 Subject to 12, you must pay the following credit, and other, fees and charges:

(a) those described in the Financial Table as changed under 6.1 or 12.1;

(b) those imposed under 12.2 as changed under 12.1;

(c) a cross-border assessment fee, set by MasterCard International Incorporated (the fee is equivalent to an

additional 0.8% of any non-Australian dollar denominated transaction amount, not including the currency conversion

assessment fee or international transaction fee) where, in respect of a transaction, MasterCard International

Incorporated designates the supplier to be located in a

country other than Australia. This fee is paid to MasterCard

International Incorporated. The fee will be included with the

transaction amount when it appears on your statement;

10

(d) a currency conversion assessment fee, set by

MasterCard International Incorporated (the fee is equivalent

to an additional 0.2% of the currency conversion rate

applied to the amount of the transaction) when any

converted to Australian dollars (as of the date they are

processed by MasterCard International Incorporated, using a

rate determined by MasterCard International Incorporated).

This fee is paid to MasterCard International Incorporated.

The fee will be included with the converted transaction

amount when it appears on your statement;

(e) an amount equivalent to government charges and duties

on receipts received, or withdrawals made, in connection

with your account, the amount of which is calculated in

accordance with relevant legislation;

(f) where for GST purposes we made a taxable supply to you,

you must pay, in addition to any GST-exclusive consideration

for that taxable supply, an additional amount to be

calculated by multiplying that GST exclusive consideration

by the prevailing GST rate; and

(g) reasonable enforcement expenses reasonably incurred

by us in enforcing the credit contract, including

enforcement expenses reasonably incurred by the use of our

staff and facilities (these expenses are payable on demand).

11.2 Any fee or charge payable by you:

(a) will be debited to your account at the time stated in the

financial table or when it is due and payable by you or

when we incur it (whichever is earlier); and

(b) is not refundable once debited or paid (including if you

later make a request to change the features applicable to

your card).

The amount, frequency or time for payment of a fee or

charge may change or a new fee or charge may be imposed

under the credit contract. You will be informed of this

change or the new fee or charge under 12.3, 12.4 and 12.5.

12.1 The amount, frequency or time for payment of a fee or

charge under the credit contract may be changed by us at

any time.

12.2 We may also impose new fees and charges in connection

with:

(a) the credit contract;

(b) the use of a card;

11

(c) any transaction concerning the account; or

(d) the provision of credit by us to you under the

credit contract.

12.3 Subject to 12.5, we will notify you of a unilateral change by

us in the amount of a fee or charge or a new fee or charge

by:

(a) giving you particulars in writing; or

(b) advertising the change in a newspaper circulating

throughout Australia, at least 20 days before the change

takes effect. If we give you newspaper notice we will also

notify you of the change before or when the next statement

is sent to you after the change takes effect.

12.4 Subject to 12.5, we will also give you particulars in writing of

any unilateral change by us in the frequency or time for

payment of a fee or charge no later than 20 days before the

change takes effect.

12.5 We need not give you notice under 12.3 and 12.4 if the

change reduces your obligations or extends the time for

payment. In that case we may instead advise you of the

change before or when the next statement of account is sent

13.1 Your statement of account for a statement period will set

13.2 That amount will consist of:

(a) your minimum monthly payment - this amount is

(b) any overdue amount - this amount is payable

immediately;

(c) any overlimit amount - this amount is payable

immediately; and

(d) any other amount due under the credit contract which is

payable on demand (such as enforcement expenses under

11.1(g).

13.3 A payment must be in Australian dollars and made in a

form acceptable to us. The amount or frequency or time for

payment, or the method of calculation of payments, may

12

change under the credit contract. You will be informed of

the change under 13.4 and 13.5.

13.4 We may change at any time the amount or frequency or

time for payment, or the method of calculation, of payments

under the credit contract. We will give you notice in writing

of any such change no later than 20 days before the change

takes effect.

13.5 We need not give you notice under 13.4 if the change

reduces your obligations or extends the time for payment.

In this case, we may instead advise you of the change before

or when the next statement of account is sent to you after

the change takes effect.

14.1 Your minimum monthly payment for a statement period

is determined in accordance with the methodology described

in the Financial Table.

14.2 Your closing balance in a statement period for the

purposes of the repayment calculation methodology

referred to in 14.1 is the closing balance shown on the

relevant statement of account less:

(a) any overdue amount;

(b) any amount referred to in 13.2(d);

(c) any outstanding amount for a purchase the subject of

a special promotion if the special promotion term has not

expired on the relevant statement date; and

(d) the outstanding balance of any deferred fees as at the

relevant statement date.

unpaid part of a minimum monthly payment due in a

previous statement period.

Your overlimit amount is the excess of the closing balance

at the relevant statement date over your credit limit.

including the date we receive the payment or proceeds of

the payment. In the case of processing funds paid by cheque

this may take up to 5 business days. If you use BPAY to pay it

may take up to 3 business days for us to receive and process

your payment. When any BPAY payment is received after

the due date it may take an additional 3 business days (up to

6 business days in total for BPAY).

13

18.1 Subject to 17 and 18.2, we ordinarily apply a payment in the

following order in payment of any unpaid amounts to the

(a) government taxes, duties or charges, enforcement

expenses, and any other fees or charges (excluding interest

and deferred fees), in order of those bearing interest at the

lowest to the highest rate;

commencement date), the cash advance balance and the

purchase and charges balance;

(c) account cover premiums and other consumer credit

insurance premiums which are taken out by you through us

or our related entities;

(d) instalment payments due in the current, or a previous,

statement period;

which the payment is received and any deferred fees

relating to those purchases (in order of expiry date);

(f) the following types of transactions which have appeared

on a statement of account, in the following order: where

relevant, purchases which were made using your Coles

Group Card (excluding special promotion purchases for

which the special promotion term has not expired);

(g) the following types of transactions which have not yet

appeared on a statement of account, in the following order:

relevant, purchases which were made using your Coles

Group Card (excluding special promotion purchases for

which the special promotion term has not expired); and

purchases other than special promotion purchases;

(h) other special promotion purchases (and any related

deferred fees) (in order of expiry date) to the extent not

14

covered above; and

(i) in such order as we decide, against all other amounts

due by you (including against such other amounts as are

due by you under the credit contract and such amounts as

are due by you under any other credit contracts between

you and us).

18.1A For accounts opened before 1 July 2012 18.1 continues to

apply. For accounts opened from 1 July 2012, this 18.1A

applies. If more than one annual percentage rate applies

to amounts that have appeared on a statement of account

we will apply a payment in the following order:

(a) in accordance with an agreement (if any) we have with

you about how a payment is to be applied (see 18.3A for how

that agreement may be made);

(b) then, if there is any part of the payment remaining, we

will apply it to pay off the amount that has the highest

annual percentage rate;

(c) then, if there is any part of the payment remaining, we will

apply it to pay off the amount that has the next highest

annual percentage rate, and so on until all amounts to

which an annual percentage rate applies have been paid off;

(d) then, if there is any part of a payment remaining, we will

account;

( e) then, if there is any part of the payment remaining, we will

amount we will pay off the first to expire).

18.2 The effect of making all or part of an instalment payment

18.2A If the same annual percentage rate applies to all of the

amounts that have appeared on a statement of account, we

will apply a payment in the following order:

(a) in accordance with an agreement (if any) we have with

you about how a payment is to be applied (see 18.3A for how

that agreement may be made);

(b) then, if there is any part of a payment remaining we will

(c) then, if there is any part of a payment remaining we will

apply it as described in 18.1A (d) and (e).

18.3A Subject to 18.4A and 18.5A, if a cardholder makes a

15

to apply a payment first to any instalment payment.

18.4A If we make an agreement with you to apply a payment first

to any instalment payment, you may pay a greater

amount of interest than you would otherwise pay. You can

(at any time) withdraw your request to apply a payment to

any instalment payment.

18.5A If you withdraw your request under 18.4A, our agreement with

you to apply a payment first to any instalment payment will

come to an end. Any Instalment Interest Free Promotion

to which the withdrawal of your request relates will be taken

to have ended on the date that you withdraw your request

and the standard annual percentage rate will apply to the

relevant amount from the day after that date.

19.1 We process refunds for goods or services returned to a

supplier with effect from and including the date which the

supplier informs us was the date that the return was made.

19.2 We will apply a refund in such order as we decide against all

amounts due by you.

20.1 Subject to 20.2 and 20.3, we do not charge interest

on a purchase which is not a special promotion purchase,

on a general fee or on a relevant amount, if:

20.2 Subject to 20.3, if the closing balance shown on a statement

of account is not more than $5, we do not charge interest on

that closing balance during the statement period after

that to which the statement of account relates.

20.3 For the purposes of 20.1 and 20.2 we assume:

(a) the closing balance is reduced by any outstanding

amount relating to a special promotion purchase and any

• has not expired; and

• is not due to expire during the statement period after

16

the statement of account to which the closing balance

relates, but the closing balance does include any

instalment payment which is payable by the due date for

the statement of account to which the closing balance

relates; and

(b) the closing balance includes any overdue amount, any

overlimit amount and any amount referred to in 13.2(d).

20.4 We do not charge interest on account cover premiums.

(We charge interest on other insurance premiums subject to

20.1 to 20.3).

21.1 Subject to 21.2, 21.3 and 21.4, we charge interest on the

purchase and charges balance on a daily basis by applying

the relevant current daily percentage rates for purchases

purchase and charges balance at the end of each day.

21.2 We charge interest on the Coles Group Card balance on a

daily basis by applying the relevant current daily percentage

rate for purchases made using your Coles Group Card

Coles Group Card balance at the end of each day.

21.3 If a purchase is:

(a) the subject of a No Payment - No Interest Promotion

interest will only apply to that purchase from the day after

the end of the relevant special promotion term;

(b) the subject of a Conditional Interest Promotion

- interest will only apply to that purchase if the amount of

(c) the subject of an Instalment Interest Free Promotion

interest will only apply to that purchase from the day after

the end of the special promotion term.

21.4 We will not charge interest on a purchase, a general fee or

a relevant amount to the extent 20 applies.

22.1 We charge interest on the cash advance balance on a daily

basis by applying the current daily percentage rate for cash

(which is the current cash annual percentage rate divided

by 365) to the cash advance balance at the end of each day.

23.1 During each day of its special promotion term, we charge

17

interest on a balance transfer balance by applying the

relevant daily percentage rate (which is the applicable

balance transfer annual percentage rate set out in the

Financial Table or the balance transfer offer divided by 365)

to the outstanding balance transfer balance at the end of

each day.

23.3 We will only include the balance of a balance transfer and

there is no special promotion term, from the later of the

date assigned to that amount in accordance with 46.3, or the

opening date of the listing statement for that amount.

and 24.3.

24.1 We may change an annual percentage rate at any time.

24.2 If we increase an annual percentage rate we will notify

you of the change by:

(a) giving you particulars in writing; or

(b) advertising the change in a newspaper circulating

throughout Australia, no later than the day the change

takes effect.

24.3 If we give you newspaper notice we will also notify you of

the change before or when the next statement of account

is sent to you after the change takes effect.

24.4 We may not change:

(a) an annual percentage rate applying to a purchase that

(b) a balance transfer annual percentage rate during the

25.1 Interest will be debited monthly to your account as at the

18

last day of each statement period. Subject to 25.2, 25.3, 25.4

and 46, it will be calculated for each day of the relevant

statement period, and may include adjustments relating to

prior statement periods.

will first be debited to your account:

(a) if you have made payment in accordance with 20.1 (a) on

(b) otherwise - on the last day of the statement period for

the listing statement. In each case, interest charges on the

purchase, general fee or relevant amount will continue to

be debited to your account on the last day on each

subsequent statement period until the statement period

in which the amount is repaid in full.

expired balance transfer balance will first be debited to

your account on the last day of the statement period for

the listing statement and will continue to be debited to

your account on the last day on each subsequent

statement period until the statement period in which the

amount is repaid in full.

25.4 If a purchase is a special promotion purchase, interest on

that purchase will only be debited to your account once the

special promotion term ends (although if the purchase is

the subject of a Conditional Interest Promotion, interest

may arise during the special promotion term in accordance

with 21.3(b).

The interest debited in a statement period will be shown on

your statement of account for that statement period.

28.1 We may, on conditions we specify, at any time make

available a special promotion allowing a term of up to

19

purchase (“No Payment - No Interest Promotion”); or

(b) no minimum monthly payment need be made in respect of

that purchase but on which interest will accrue in accordance

with 21.3(b) (“Conditional Interest Promotion”); or

(c) no interest will accrue on that purchase and payments

28.2 If we make available a special promotion we will specify, by

notice at the selected supplier’s premises or otherwise:

(a) the eligible purchases;

(b) the period during which an eligible purchase must be

made for it to be the subject of the special promotion;

(c) the length of the relevant special promotion term

(which might, for example, be one or more months from the

date of purchase or be between the date of purchase and a

specified end date); and

(d) any other applicable conditions (such as eligible suppliers

credit contract.

28.3 Subject to 18.5A, if a cardholder makes a purchase subject to

made and expires at the end of the applicable term.

28.4 Unless in our discretion we choose to do so, we will only treat

an eligible purchase as subject to a special promotion if the

cardholder nominates that purchase accordingly at the time

the eligible purchase is made.

28.5 If we exercise any of our rights under 29.1 or 30.1(a) then any

the date that we exercise those rights or close your account

(as the case may be).

29.1 If you are in default and subject to any applicable law (such

20

as consumer credit legislation) we may:

(a) require payment in full of the unpaid balance of the

account (in which case that amount is due and payable by

you immediately or as soon thereafter as is permitted by any

applicable legal provision or requirement); and

(b) require the immediate return of all cards (in which case

you must immediately return all cards to us).

29.2 You are in default if:

(a) you breach any term of the credit contract; or

(b) any information you give us in connection with applying

for the account or assisting us with assessing your ability

to repay any credit we make available to you, is false or

misleading. Enforcement expenses arising under 11.1(g) may

become payable under the credit contract in the event of

a breach.

30.1 We may unilaterally, or on your request, and in both cases at

our discretion:

(a) close an account; or

(b) suspend your credit limit or the use of a card, cancel a

card or retain a card presented to a supplier. Note: As an

example, we may suspend your use of a card if you have

not used your account for an extended period of time. In

this case, you may call us to request that the suspension

be removed.

30.2 After the account is closed, you must ensure that the cards

are no longer used. A card may be rejected if the account is

closed. Upon receiving notice of that closure, you must

immediately return all cards to us.

30.3 If the use of a card is suspended the relevant cardholder

must not use the card for the period of suspension. If a card

is cancelled the cardholder must not use the account with

that card.

30.4 If the account is closed or a card is cancelled you must

cancel any periodical debits authorised to be made to the

account or against the card by direction to the relevant

supplier.

30.5 Suspension, cancellation or closure does not affect any of

your obligations, or those of any other cardholder, in

respect of the account. For example, if a card is used by a

cardholder in contravention of 30.2 or 30.3, you will still be

liable for those transactions.

31.1 You must ensure that a cardholder informs us immediately

21

if their card or PIN or password has been misused, lost or

stolen by calling our lost and stolen cards hotline on

1800 005 809. We must be given all the information that

you or the cardholder have or can reasonably obtain

regarding the loss, theft or unauthorised use.

31.2 You must ensure that cardholders comply with the

following:

(a) where a cardholder has a card, PIN or password, the

cardholder must:

(i) not voluntarily give or disclose details of the card, PIN or

password to anyone including a family member or friend;

(ii) not act with extreme carelessness in failing to protect the

security of the PIN or password; and

(iii) not record the PIN on the card, or on articles liable to loss

or theft simultaneously with the card or record the

password on one or more articles which are liable to loss or

theft simultaneously (without making a reasonable attempt

to protect the security of the record); and

(b) where we allow the cardholder to select a PIN or

password, the cardholder must not select:

(i) a numeric code which represents the cardholder’s birth

date; or

(ii) an alphabetical code which is a recognisable part of the

cardholder’s name. Any act by the cardholder contrary to

31.2(a) or (b), may mean that you are liable for losses caused

by unauthorised transactions caused by a breach of the

security of the password, PIN or card.

31.3 Cardholders should:

(a) sign the card, except for a Coles Pay Tag immediately

upon receiving it;

(b) look after the card at all times so as to minimise the risk

of losing it or allowing it to be used by someone else and

report any loss, theft or misuse of it in accordance with 31.1;

(c) look after the PIN or any password at all times so as to

minimise the risk of losing it or allowing it to be used by

someone else. For instance:

• do not write the PIN or password on the card;

• do not keep the PIN or password near the card in

a disguised form, such as a telephone number;

• when a PIN or password is selected, do not select a numeric

sequence which represents the cardholder’s date of birth, or

an alphabetical sequence which is a recognisable part of the

22

cardholder’s name;

• do not tell the PIN or password to anyone else (including

any family or friends);

• if the PIN or password becomes known to someone else,

you must tell us immediately by calling us on any telephone

number that we tell you to use from time to time; and

(d) use electronic equipment in a way which minimises the

• use electronic banking terminals quickly;

• remember to take the card, receipt and cash from the

location of an electronic banking terminal after use;

• when using a telephone to contact us, make sure no-one

can overhear you say your password or other alternative

identification details.

31.4 For cardholders issued with a Coles Pay Tag you must

ensure that the Coles Pay Tag:

(a) is attached firmly on a flat, non-porous surface in a

manner which allows unimpeded detection by a PayPass

enabled reader;

(b) is not attached to any other card; and

(c) is not placed on or near a near field communication

payment token or device other than a PayPass enabled

reader for the purposes of making a PayPass payment.

32.1 Your liability for all unauthorised transactions on a card

which are not EFT transactions arising from a particular

misuse, loss or theft is limited to the lesser of (unless 32.2 or

32.3 applies):

(a) $50; or

(b) the amount of the available credit at the time we are

notified of the misuse, loss or theft of the card; or

(c) the actual loss at the time we are notified of the misuse,

loss or theft of the card.

32.2 If you have contributed to the loss resulting from

cardholder immediately when the cardholder first receives

the card, you are liable for the actual losses which are not

EFT transactions that occur before we are notified that the

card has been misused, lost or stolen.

32.3 You will also be liable for all unauthorised transactions

between the time:

(a) when a cardholder became aware (or ought reasonably

23

to have become aware) of the misuse, loss or theft of their

card; and

(b) when we are notified under 31.1 of that event.

Where you or any additional cardholder want to use a

card for the purposes of an EFT transaction through a

by the financial institution or merchant as the case may be,

including their withdrawal and transaction limits.

(a) caused by fraudulent or negligent conduct by us, a

supplier or company involved in networking arrangements

(including the employees or agents of such organisations); or

(b) relating to a forged, faulty, expired or cancelled card or

PIN or password; or

(c) that arise from transactions that require the use of:

(i) a card before the card has been received by you; or

(ii) PIN, before the PIN has been received by you; or

(iii) a password before the password has been selected by

you; or

(d) caused by the same transaction being incorrectly debited

more than once to the account; or

(e) occurring after we are notified that a card has been

misused, lost or stolen, or that security of a PIN or password

has been breached; or

(f) where it is clear that any cardholder has not contributed

to such losses; or

(g) to the extent we are able to recover amounts by

exercising any relevant rights we have against a supplier.

35.1 Subject to 34 and 35.2, you are liable for losses resulting

losses:

(a) through fraud or a PIN or password security breach; or

(b) through unreasonably delaying notifying us of the

24

misuse, loss or theft of a card, or the breach of the security

of a PIN or password; and

(c) if clause 35.1(a) applies, until we are notified that a card has

been misused, lost or stolen, or that security of a PIN

or password has been breached; and

(d) if clause 35.1(b) applies, from the time when a cardholder

became aware (or, in the case of loss or theft, should

reasonably have become aware) of the misuse, loss or

theft, until we are notified that a card has been misused,

lost or stolen, or that security of a PIN or password has

been breached.

35.2 You are not liable under clause 35.1 for:

(a) that portion of losses incurred on any one day which

exceeds any applicable daily transaction limits notified to you;

and

(b) that portion of the losses incurred in a period which

exceeds any other periodic transaction limits applicable to

that period notified to you; and

(c) that portion of the total losses incurred on the account

which exceeds the credit limit.

Except as otherwise provided under 34 and 35 your liability

for losses resulting from unauthorised transactions which

are EFT transactions and require use of a PIN or password

to perform the unauthorised transaction is limited to the

lower of:

(a) $150; or

(b) the outstanding balance immediately following the

unauthorised transaction; or

(c) the amount of losses incurred until we are notified (where

relevant) that a card has been misused, lost or stolen, or the

security of a PIN or password has been breached, excluding

that portion of the losses which exceed any applicable daily or

other periodic limit or the credit limit.

(a) you must notify us of any such query or complaint by

calling us on any telephone number or writing to us at any

address that we tell you to use from time to time;

(b) you must give us all information we request to help us

resolve your query or complaint; and

(c) if we are unable to resolve your query or complaint

immediately, we will write to you to let you know our

25

procedures for investigating it.

If we are a linked credit provider of a supplier under

consumer protection or consumer credit legislation, you may

have rights against us in relation to goods or services which

are the subject of a purchase. Subject to those rights, and

any other applicable law, we are not responsible or liable:

(a) if a supplier or other person refuses to accept or honour

any card; or

(b) for any defect or deficiency whatsoever in respect of any

goods or services (for example, with respect to the quality of

any goods or services or their fitness for any purpose).

may act on your written or oral instructions or those of any

additional cardholder.

address or telephone number.

regulations in relation to notices and other time periods

under the credit contract.

In addition to the changes to fees and charges, payments

and annual percentage rates referred to in 12, 13 and 24,

we may change any other term of the credit contract and

will give you notice of any such change as required by

relevant legislation.

part on any terms we specify. A waiver has no effect unless it

is in writing by us or on our behalf unless we determine

otherwise. A waiver applies only to the particular case, and to

the particular condition, to which it relates. It does not apply

on an ongoing basis. A waiver does not have the effect of

changing any term of the credit contract.

information relating to the account and agree we may

26

provide that information at our discretion. That information

might, without limitation, include:

(a) the outstanding balance on the account;

(b) the amount of the available credit on the account;

(c) the due date for any statement period; and

(d) details of any transaction on the account by any

cardholder or other person.

45.1 A notice must be in writing except that if it is a notice from us

it may be given in a newspaper if that is not prohibited by

law.

45.2 In addition to giving notice to us in any other way permitted

by law, if you wish to give us a notice you may send it by post

or leave it at GPO Box 236E, Melbourne, Victoria 3001. If we

wish to give you a notice we may:

(a) deliver it personally to you; or

(b) leave it at, or send it by post, facsimile or similar facility

to the address that you have nominated to us in writing or

otherwise the address of your place of residence last known

to us; or

(c) subject to us obtaining your consent:

(i) email it to the email address that you have nominated

to us;

(ii) make it available for retrieval by you when you next

access your Online Service Centre account. If we give you

notice in this manner, we will send you an email to tell you

that the notice is available for retrieval.

45.3 We can also give you notice in any other way permitted by

law (such as consumer credit legislation).

45.4 We do not have to give you notice where any law (such as

consumer credit legislation) relieves us from an obligation to

give a notice or other document to you.

46.1 We may assign any date we consider appropriate to a debit

or credit to your account but, in the case of a debit, that date

must not be earlier than the date on which the relevant

transaction occurred. If we do this we may make

consequential adjustments (for example to interest).

46.2 We may subsequently adjust a debit or credit to the account

so as to accurately reflect the legal obligations of you and us

(for example, because of an error or a dishonour of a

cheque). If we do this we may make consequential

adjustments (for example to interest).

27

be included in the relevant balance from the later of:

(a) the date assigned to that amount in accordance with 46.1;

or

(b) the opening date of the listing statement for that

amount.

47.1 Subject to 47.2 we will be responsible to you for loss caused

by the failure of our equipment or systems to complete a

transaction accepted by our equipment or systems in

accordance with a cardholder’s instructions.

47.2 If our equipment or systems malfunction, and a cardholder

should have been aware that the system or equipment was

unavailable for use or malfunctioning, our liability for

consequential damage that may arise as a result of a

malfunction is limited, to the extent permitted by law, to the

correction of any errors in the account, and the refund of any

charges or fees imposed as a result of those errors.

These definitions apply:

to as “Account Cover Plus” and which is taken out by you

through us.

additional cardholder means a person issued

a card under 5.

annual percentage rate means, subject to change under

24, each of the purchases annual percentage rate, the

ATM means an automatic teller machine.

balance transfer means a transaction under which you ask

us to debit the account with an amount you specify and to

pay that amount to us or another card issuer or financial

institution for the credit of your specified account with us or

that card issuer or financial institution made pursuant to a

balance transfer offer.

28

balance transfer annual percentage rate means for a

balance transfer, subject to change under 24, the rate by

that name which applies to that balance transfer during

balance transfer balance means subject to 46.3, for a

and any interest debited to your account in respect of that

balance transfer, or on any such interest.

balance transfer offer means the offer made by us and

accepted by you in accordance with its terms in relation to

balance transfers from time to time.

BPAY payment means a payment from your account made

through the BPAY scheme.

BPAY scheme means the payment scheme promoted by

BPAY Pty Ltd ABN 69 079 137 518

you or any other person to use the account and that is

issued on the account.

card start date means:

(a) if we issue you a temporary shopping card in connection

with your first request for a Mastercard card, the date we

give you the temporary shopping card; or

(b) otherwise, the date you activate your first MasterCard

card in accordance with our procedures from time to time

(eg. we may require you to telephone us to confirm delivery).

cardholder means a person to whom a card has been

issued (including you) and each person using the account

with their specific or implied consent.

cash advance means cash obtained under 2.1(b), and

includes a BPAY payment where the Online Service Centre

terms and conditions state that the transaction is to be

treated as a cash advance and a cash withdrawal of any

amount from any credit balance on the account.

cash advance balance means subject to 46.3,

at any time the total of the amount outstanding under the

credit contract for:

• cash fees debited to your account;

• interest debited to your account in respect of either of the

above; and

• interest debited to your account in respect of the above

interest.

29

cash annual percentage rate means, subject to change

under 24, the rate by that name which is described or

disclosed in the Financial Table.

cash equivalent transaction means:

(a) a purchase of traveller’s cheques or money orders;

(b) a purchase of casino gambling chips or tokens;

(d) a purchase of, or loading of value on, a pre-paid or

stored-value card or facility; or

(e) a transaction made through bill payment facilities where

the supplier or financial institution does not accept direct

payment by credit card (for example payment of bills

through a third party or over the counter at a financial

institution); or

(f) other transactions that we notify you will be treated as

cash equivalent transactions.

cash fees means any cash advance fees, international cash

access fee, international counter transaction fees and any

cash advances and any other amounts that are included in

the cash advance balance available to all cardholders in

respect of an account, and is equal to the credit limit unless

a different cash limit is notified to you from time to time.

closing balance means, subject to 14.2 and 20.3 the amount

owed on the account at the end of a statement period.

Coles Group Card annual percentage rate means subject

to change under 24, the rate agreed with you that would

apply to the Coles Group Card balance when we agreed

with you to change your account to a Coles MasterCard

account.

Coles Group Card balance means at any time the total of

the amount outstanding under the credit contract for:

• all fees debited to your account while it was a Coles Group

Card account;

• interest debited to your account in respect of either of the

above; and

• interest debited to your account in respect of the above

30

interest.

Coles Pay Tag means the near field communication

adhesive token issued to you by us containing an embedded

device permitting the token to be used at PayPass enabled

readers, as a card and participating card.

Conditional Interest Promotion has the meaning given in

28.1(b).

credit contract means these Conditions of Use and the

Financial Table.

credit limit means the maximum amount of credit available

to all cardholders in respect of an account, as notified to

you or determined under 8.

currency conversion means a conversion of a purchase,

cash advance or other charge incurred otherwise than in

Australian dollars to an Australian dollar equivalent as

described in 9.4.

deferred fee means a special promotion fee relating to a

disclosure date means the disclosure date set out in the

Financial Table.

due date means in respect of a statement period the last

day of the next statement period.

EFTPOS means an electronic funds transfer at point of sale.

EFT transaction means a funds transfer initiated by an

instruction given by you through electronic equipment and

using a method authorised by us for use and comprising the

use of one or more of your card, PIN, password or any other

code or device identifying you, but not your manual

signature where the provision of that signature is the

principal intended means of authenticating your authority

to give the instruction.

electronic banking terminal means any authorised

terminal or device nominated by us in which you or an

additional cardholder can use a card and PIN and includes

any ATM and any EFTPOS terminal which is nominated by us.

expired balance transfer balance means subject to 23.3,

the outstanding balance of:

• interest debited to your account in respect of either of the

above; and

• interest debited to your account in respect of such interest

31

features change date means the date on which we change

the features applicable to your account under 6.1.

booklet or provided to you separately. This document

contains a table of relevant financial information relating to

your credit contract.

foreign currency fees means any currency conversion

assessment fee, cross-border assessment fee or

international transaction fee charged to your account in

relation to a purchase, a cash advance or

a cash equivalent transaction.

general fees means all fees and charges (included in the

Instalment Interest Free Promotion has the meaning

given in 28.1(c).

instalment payment means a payment due under the

purchase, cash advance or cash equivalent transaction

or other charge) denominated in a currency other than

Australian dollars, or a transaction (including a purchase,

cash advance or cash equivalent transaction or other

charge) where MasterCard International Incorporated

designates the supplier to be located in a country other than

Australia, regardless of whether the transaction is

denominated in Australian dollars.

listing statement means, with respect to any transaction or

amount charged to your account, the statement of account

on which the relevant transaction or amount is first listed.

listing statement period means, with respect to a

a balance transfer, the statement period covered by the

No Payment - No Interest Promotion has the meaning

given in 28.1(a).

non-interest bearing fees means any special promotion,

paper statement fee or any other fee we tell you is

non-interest bearing fee from time to time

32

Online Service Centre means the Internet based service

provided by us that allows you to access your account as

described in the Online Service Centre terms

and conditions.

overdue amount means the amount calculated under 15.

overlimit amount means the amount calculated under 16.

password means a password which has been selected by

you for general account enquiries and in any other way

allowed by us.

PayPass means the trademarked contactless near field

communication payment method owned and operated by

MasterCard International Incorporated.

PIN means personal identification number which has been

selected by you or any additional cardholder, or which has

been allocated to you or any additional cardholder by us for

use with the card in any electronic banking terminal.

PIN or password security breach means when a

cardholder breaches any of the requirements of 31.2.

Previous statement means, with respect to any transaction

or amount charged to your account, the statement of

account before the listing statement for that transaction or

amount.

previous statement period means, with respect to a

purchase, cash advance, cash equivalent transaction or a

balance transfer, the statement period covered by the

previous statement for that transaction.

purchase means a purchase of goods or services made

under 2.1(a), including any insurance premium and

includes the amount of such purchase but excludes any

cash advance, cash equivalent transaction or

balance transfer.

purchase and charges balance means, subject to 21.3 and

46.3, at any time the total of the amount outstanding under

the credit contract for:

• credit provided for purchases;

• general fees debited to your account;

• interest debited to your account in respect of either of the

above; and

• interest debited to your account in respect of the above

interest.

purchases annual percentage rate means, subject

to change under 24 the standard annual percentage rate.

services includes, without limitation, refinancing

33

a credit contract.

Instalment Interest Free Promotion.

special promotion purchase means a purchase to which a

special promotion applies at the relevant time.

special promotion term:

• in relation to a purchase, has the meaning given in 28.1 and

if that term would otherwise expire on a date which does not

exist then it expires on the next date;

• in relation to a balance transfer, is the period (if any)

commencing on the day on which that balance transfer is

debited to your account and continuing for the term as

provided by the balance transfer offer.

standard annual percentage rate means, subject to

change under 24, the rate by that name which is described or

disclosed in the Financial Table.

statement date is the last day of a statement period for

the relevant statement of account.

statement period is a period determined under 9.2.

supplier means a person, company or organisation from

whom a cardholder obtains goods, services or cash.

unauthorised transaction means a transaction which is

not authorised by a cardholder, and does not include:

(a) any transaction carried out by a cardholder; or

(b) anyone performing a transaction with a cardholder’s

knowledge or consent.

use the account means use the account in any way and

includes, without limitation, continuing to owe money on,

or having a credit balance on, the account.

we, us, our means GE Capital Finance Australia

(ABN 42 008 583 588).

you means the person named as the applicant for an

account and includes your successors and assigns and your

has a corresponding meaning.

34

Paragraph 16 (1) (b) of the Code

regulation 70 of the Regulations

This statement tells you about some of the rights and

obligations of yourself and your credit provider. It does not

state the terms and conditions of your contract. If you have

any concerns about your contract, contact the credit provider

and, if you still have concerns, your credit provider’s external

dispute resolution scheme, or get legal advice.

Your credit provider must give you a pre-contractual

statement containing certain information about your

contract. The pre-contractual statement, and this document,

must be given to you before -

• your contract is entered into; or

• you make an offer to enter into the contract; whichever

happens first.

If the contract document is to be signed by you and returned

to your credit provider, you must be given a copy to keep.

Also, the credit provider must give you a copy of the final

contract within 14 days after it is made. This rule does not,

however, apply if the credit provider has previously given you

a copy of the contract document to keep. If you want another

copy of your contract, write to your credit provider and ask

for one. Your credit provider may charge you a fee. Your

credit provider has to give you a copy

• within 14 days of your written request if the original contract

came into existence 1 year or less before your request; or

• otherwise within 30 days of your written request.

Yes. You can terminate the contract by writing to the credit

provider so long as:

• you have not obtained any credit under the contract; or

• a card or other means of obtaining credit given to you by

your credit provider has not been used to acquire goods or

services for which credit is to be provided under the contract.

However, you will still have to pay any fees or charges

incurred before you terminated the contract.

35

Yes. Pay your credit provider the amount required to pay out

your credit contract on the day you wish to end your contract.

You can write to your credit provider at any time and ask for

a statement of the pay out figure as at any date you specify.

You can also ask for details of how the amount is made up.

Your credit provider must give you the statement within 7

days after you give your request to the credit provider. You

may be charged a fee for the statement.

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 your credit

provider to charge one) and other fees.

Yes, but only if your contract says so.

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 at least 20 days advance written notice for

- a change in the way in which interest is calculated; or

- a change in credit fees and charges; or

- any other changes by the credit provider; except where the

change reduces what you have to pay or the change

happens automatically under the contract.

Yes. You should first talk to your credit provider. Discuss the

matter and see if you can come to some arrangement. If that

is not successful, you may contact your credit provider’s

external dispute resolution scheme. External dispute

resolution is a free service established to provide you with an

independent mechanism to resolve specific complaints. Your

credit provider’s external dispute resolution provider is the

Financial Ombudsman Service Limited and can be contacted

at 1300 780 808, www.fos.org.au or at GPO Box 3, Melbourne

36

VIC 3001 (Australia). Alternatively, you can go to court.

You may wish to get legal advice, for example from your

community legal centre or Legal Aid. You can also contact

ASIC, the regulator, for information on 1300 300 630 or

through the ASIC website at http://www.asic.gov.au.

Your credit provider can insist you take out or pay the cost of

types of insurance specifically allowed by law. These are

compulsory third party personal injury insurance, mortgage

indemnity insurance or insurance over property covered by

any mortgage. Otherwise, you can decide if you want to take

out insurance or not. If you take out insurance, the credit

provider cannot insist that you use any particular insurance

company.

Yes, if you have taken out insurance over mortgaged

property or consumer credit insurance and the premium is

financed by your credit provider. In that case the insurer must

give you a copy of the policy within 14 days after the insurer

has accepted the insurance proposal. Also, if you acquire an

interest in any such insurance policy which is taken out by

your credit provider then, within 14 days of that happening,

your credit provider must ensure you have a written notice of

the particulars of that insurance. You can always ask the

insurer for details of your insurance contract. If you ask in

writing, your insurer must give you a statement containing

all the provisions of the contract.

Yes, if the insurance was to be financed by the credit contract.

The insurer will inform you if the proposal is rejected.

Your credit provider must give you a refund or credit unless

the insurance is to be arranged with another insurer.

Get in touch with your credit provider immediately. Discuss

the matter and see if you can come to some arrangement.

You can ask your credit provider 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

37

a set time; or

• to delay payments for a set time.

If the credit provider refuses your request to change the

repayments, you can ask the credit provider to review this

decision if you think it is wrong. If the credit provider still

refuses your request you can complain to the external

dispute resolution scheme that your credit provider belongs

to. Further details about this scheme are set out below in

question 17.

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 credit provider’s external dispute

resolution scheme or ASIC, or get legal advice.

Yes. The law will give you other rights and obligations.

You should also READ YOUR CONTRACT carefully.

38

39

flybuys is a registered trade mark of Loyalty Pacific.

Loyalty Pacific is the operator of the flybuys program.

These Terms and Conditions will apply to you if you are an

individual and you are provided with a credit facility under

which you have been issued with a Participating Card.

These Terms and Conditions explain how flybuys Points are

earned by using your Participating Card.

PLEASE NOTE: You need to have a flybuys program

membership associated with your Participating Card for us

to credit flybuys Points to that flybuys Account. If you

would like to become a member of the flybuys program,

please call 13 11 16 or enrol at www.flybuys.com.au

Membership of the flybuys program is subject to the terms

and conditions of the flybuys program.

Please read these Terms and Conditions carefully. It is

your Credit Account. If you have difficulty reading or

understanding them, please seek help from an interpreter or

In these Terms and Conditions:

Accountholder means the person in whose name a

Credit Account is opened;

Additional Card means an additional Participating Card

issued at the request of the Accountholder to a third party

which is linked to the Credit Account, and includes any

Additional Cardholder means the person to whom an

Additional Card is issued;

Associated Account means the flybuys Account that you

have told GE is to be associated with your Credit Account

from time to time or which we have associated under clause

4.2(d).

Balance Transfer means a transaction under which you ask

GE to debit your Credit Account with an amount you specify

40

and to pay that amount to GE or another card issuer or

financial institution for the credit of your specified account

with GE or that card issuer or financial institution made

pursuant to an offer made in writing by GE and accepted by

you in accordance with the terms of that offer from time to

time;

Bonus Fly Buys Points means extra Fly Buys Points that

you are entitled to in accordance with promotional or

incentive programs offered by us from time to time and

forms part of the Fly Buys Points balance;

Card means the Participating Card issued by GE to the

Accountholder and any Additional Card and includes any

replacement or reissued card;

Cardholder means, in relation to an Credit Account, the

Accountholder and each Additional Cardholder;

Coles means Coles Supermarkets Australia Pty Ltd.

Credit Account means a credit facility that is linked to the

Accountholder’s Participating Card;

Earn Rate means the number of flybuys Points you will

(a) if you have a Coles MasterCard or Coles Platinum

MasterCard to which an annual fee does currently apply

(even if the payment of that fee is currently waived for any

(b) if you have a Coles MasterCard or Coles Platinum

MasterCard to which an annual fee does not currently apply,

all transactions posted to your Credit Account other than

c) if you have a Coles MasterCard or Coles Platinum

MasterCard where the Credit Account was opened

prior to 1 February 2012 to which an annual fee does not

currently apply, all transactions at Participating Retailers

which are posted to your Credit Account other than

Excluded Transactions;”

(1) Cash advances;

(2) purchases of foreign currency, travellers cheques,

convenience cheques, casino gambling chips, or

41

telegraphic transfers;

(5) government fees and charges payable in connection with

your Credit Account;

(6) transactions GE decides are disputed or fraudulent or

involve abuse of your Credit Account or a Card;

(7) transactions GE decides are wholly or partly for business

purposes;

(8) payments credited to your Credit Account;

(9) purchase transactions refunded or reimbursed as they

are posted to your Credit Account;

(10) adjustments resulting from disputed transactions or

otherwise; and

maintains which is associated with the Credit Account of the

Accountholder detailing the number of flybuys Points that

have been credited to that flybuys Account in accordance

with the terms and conditions of the flybuys program;

flybuys Point means a point in the flybuys program;

flybuys program means the loyalty program of that name

operated by Loyalty Pacific;

GE means GE Capital Finance Australia

(ABN 42 008 583 588), trading as GE Money;

Loyalty Pacific means Loyalty Pacific Pty Ltd

Participating Card means a Coles MasterCard and a Coles

Platinum MasterCard issued to you at your request and,

where the context allows, includes any Coles Pay Tag, any

Additional Card and any replacement or reissued card;

Participating Card Conditions of Use means the

Conditions of Use of the Participating Card held by the

Accountholder;

Participating Retailer means any retailer specified at

www.colesmastercard.com.au/flybuysparticipants at which

you can earn flybuys Points on Eligible Transactions on a

42

Coles MasterCard or Coles Platinum Mastercard.

Statement of Account means a statement of account

issued by GE in respect of your Credit Account;

Terms and Conditions means these Coles MasterCard

Loyalty Terms and Conditions.

When interpreting these Terms and Conditions,

a reference to:

(a) “these Terms and Conditions” means these Coles

MasterCard Loyalty Terms and Conditions, as amended from

time to time;

(b) “we”, “us” or “our” is a reference to GE or, where

applicable, GE and Coles collectively, together with any of

their agents or contractors from time to time;

(c) “you” or “your” is a reference to the Accountholder;

(d) a party (other than a reference to a Cardholder) is a

reference to that party and its successors or assigns;

(e) words importing the singular include the plural and vice

versa; and

(f) headings are for convenience only and do not affect the

interpretation of these Terms and Conditions.

(a) You agree to these Terms and Conditions and they

become effective as between you and us when you first use

the Participating Card or the Credit Account.

(b) Your Credit Account needs to be associated with the

account of a member of the flybuys program in order for

us to credit flybuys Points to that flybuys Account.

(c) Where we have identified that you are already a member

credit your flybuys Account with flybuys Points for all

Eligible Transactions.

If we are not able to identify that you are a member of the

flybuys program, we will keep a record of your entitlement

to flybuys Points on Eligible Transactions.

If you are a member of the flybuys program, but are not

being credited with flybuys Points by us, you must provide

us with your flybuys membership number by calling

1300 360 888 or writing to Coles MasterCard Loyalty Service

Centre, PO Box 235, Ormond VIC 3204, so we can start

crediting flybuys Points to your flybuys Account.

43

Associated Account with the Fly Buys Points you were

entitled to but which we were not able to credit.

(d) Membership of the flybuys program is subject to the

are not able to be credited at the time they are earned

because we are not able to identify that you are a member

of the flybuys program at that time - for example those

flybuys Points may be treated for expiry purposes as

though they were credited at the time when they were

earned.

Associated Account is credited flybuys Points for a

particular Eligible Transaction, no person can authorise the

crediting of those points to any other flybuys Account,

unless GE or flybuys agree.

(b) Subject to the remainder of these terms, the number of

Fly Buys Points the Associated Account will be entitled to

on an Eligible Transaction is calculated by reference to:

(1) the dollar value of the Eligible Transaction (inclusive of

(2) the Earn Rate notified to you by us from time to time for

The Earn Rate may differ depending upon the type of

Participating Card that has been issued to you.

We may increase or decrease the Earn Rate that applies for

your type of Participating Card from time to time, including

for selected Eligible Transactions. Where we decrease the

Earn Rate for any Eligible Transaction we will give you at

least 30 days prior notice.

(c) All references to dollars are to Australian dollars. An

Eligible Transaction in a currency other than Australian

dollars will be valued as converted to Australian dollars in

44

accordance with the Participating Card Conditions of Use.

(d) The Associated Account may also be credited with

Bonus Points as a result of promotional or incentive

programs offered by us from time to time. This may include

an entitlement to Bonus Points for purchasing qualifying

goods or services or by making other qualifying transactions

by using a Participating Card or the Credit Account.

The terms of any such promotional or incentive offer will be

advertised or notified to selected Accountholders.

(f) We reserve the right to adjust (retrospectively or

otherwise) flybuys Points at our absolute discretion in the

event of incorrect crediting or debiting of flybuys Points

whether due to our error or for any other reason.

(g) The number of flybuys Points accrued under these

Terms and Conditions will be adjusted to reflect refunds or

(h) Where an entitlement to flybuys Points is reversed by us,

either because of returned purchases, or because the

flybuys Points were issued in error, or for any other reason

under these Terms and Conditions, the reversal will be

deducted from the total number of flybuys Points which the

Associated Account is entitled to. Where such deduction

would result in the Associated Account’s entitlement

reducing below zero, the Associate Account’s entitlement to

flybuys Points may be recorded as a negative balance. In

these circumstances, any future flybuys Points the

Associated Account is entitled to, will be set off against the

negative balance before otherwise being available. If the

flybuys Points reversed have already been credited to the

Associated Account then we may, at our discretion, deduct

those flybuys Points from that Associated Account.

Associated Account?

(a) flybuys Points are credited to the Associated Account

after we notify Loyalty Pacific. Loyalty Pacific then records

a number of flybuys Points equivalent to the entitlement

Associated Account by notifying Loyalty Pacific on a

periodic basis (see clause 4.2(c) below).

45

(b) The timing of the automatic crediting of flybuys Points to

the Associated Account is at our discretion. This will usually

be on a daily basis. However, there may be some delay

between the time at which the Associated Account is

flybuys Point.

(c) If we are not able to identify that you are a member of the

flybuys program, and you have not nominated an

Associated Account.

(d) flybuys Points credited to the Associated Account in

accordance with these Terms and Conditions can only be

dealt with in accordance with the terms and conditions of the

flybuys program.

The terms and conditions of the flybuys Program may

specify a period after which unused flybuys Points which

have been credited to your flybuys Account will expire.

(a) We reserve the right to:

(1) suspend or terminate the ability to earn flybuys Points

under these Terms and Conditions; and

(2) vary these Terms and Conditions (including to introduce

or vary a fee or charge), by giving you at least 30 days

prior notice.

(a) We may give you notice:

(1) by advertisement in a newspaper circulating throughout

Australia; or

(2) in writing; or

(3) in your Statement of Account.

(b) Where we give notice to you by post, you agree that,

unless otherwise stated in these Terms and Conditions, the

notice is deemed to have been given to you:

(1) on the date of actual receipt of the notice or on the date it

would have been delivered in the ordinary course of post,

whichever occurs first; and

46

(2) if it is sent to your last known address according to our

records of your Participating Card.

(a) If you:

(1) close your Credit Account or

(2) notify us that you no longer wish to have flybuys Points

(4) The Associated Account is cancelled or closed;

we may discontinue crediting flybuys Points which the

Associated Account is otherwise entitled to.

(a) If you believe that an error has occurred in relation to the

receipt of your Statement of Account. We may require you

to confirm in writing, with supporting sales receipts or other

evidence, the details of any error you believe has occurred.

(b) Any matter related to the entitlement to flybuys Points

or the crediting of flybuys Points to the Associated Account

under these Terms and Conditions will be resolved in our

sole and absolute discretion, except to the extent that the

terms and conditions of the flybuys program provide

otherwise, regarding any crediting of flybuys Points.

Any tax, liability or duty arising from you holding a

responsibility.

(a) No failure or delay by us in exercising our rights under

these Terms and Conditions constitutes a waiver of those

rights. Any waiver by us must be in writing and signed by an

officer of GE.

(b) Additional Cardholders on your Credit Account will not

be able to access information about any entitlement to

an appropriate authority has been completed and recorded

47

by us or the flybuys Program terms and conditions

otherwise allow it.

(c) You agree to notify us immediately if you become

aware of any fraudulent or dishonest use of the

Associated Account.

(d) All questions or disputes regarding the entitlement to

flybuys Points or the crediting of flybuys Points to the

Associated Account under these Terms and Conditions, or

as to these Terms and Conditions will be resolved by us at

our sole and absolute discretion.

(e) We reserve the right not to rely on any term or condition in

these Terms and Conditions without any notice to you. We

may exercise any right, power or remedy granted to us by

these Terms and Conditions at our sole and absolute

discretion and separately or concurrently with another right,

power or remedy. A single or partial exercise of that right,

power or remedy by us does not prevent a further exercise of

that or of any other right, power or remedy.

48

49

If you are issued with a new card on your Coles Platinum

MasterCard account, you are automatically given the Merchandise

Protection cover as set out in this booklet. The insurer for

Merchandise Protection is Hallmark General Insurance Company

Ltd. ABN 82 008 477 647 AFSL 243478 which trades as GE Money

(Hallmark).

1. How this insurance works .............................................................................. 49

2. Definitions...............................................................................................................50

4. Making a claim .....................................................................................................52

5. If you have a complaint.....................................................................................52

GE Capital Finance Australia ABN 42 008 583 588 Australian

Credit Licence number 392145 AR 260525 which trades as GE

Money (GECFA). Under the terms of the master policy, any

person who is approved for a new Coles Platinum MasterCard

account on or after June 2005 is automatically given

Merchandise Protection as set out in this booklet.

The master policy is a contract of insurance between Hallmark

and GECFA. You are not a party to this contract. You can claim

insurance benefits as set out in this booklet directly against

Hallmark under section 48 of the Insurance Contracts Act 1984

(Cth).

The master policy:

• is governed by the law in force in New South Wales;

• says that you cannot commence legal proceedings in respect

of your right to claim insurance benefits in any court or tribunal

outside Australia; and

• says that you cannot assign your right to claim insurance

benefits to any other person.

If the master policy is varied, the relevant insurance benefits

are varied in respect of all purchases made after the

If the master policy ends the relevant insurance benefits end

and there is no cover for purchases made after the date when

Also, if any of the following events occur:

• the credit contract for your card ends;

• the primary cardholder ceases to be an Australian resident; or

• the primary cardholder becomes bankrupt or enters into an

50

arrangement with their creditors under the Bankruptcy Act 1966

(Cth);

the insurance benefits end and there is no cover for purchases

made after the relevant event.

Some of the words in this booklet have a special meaning

wherever they appear. These words are defined below;

master policy means the contract of insurance between

into a credit contract with GECFA for a card;

we, our, us means Hallmark General Insurance Company

Ltd. ABN 82 008 477 647 AFSL 243478; and

you, your means the primary cardholder and any

additional cardholders.

If:

• you purchase an item in Australia using your card; and

• the item is lost, stolen or damaged in Australia within 90 days

of its purchase, we will at our option:

- pay the original purchase price; or

- pay the reasonable cost of repair or replacement.

If you purchase an item using your card for only part of the

purchase price, we will pay a proportionate amount. If a set of

items is purchased and part of the set is lost, stolen or damaged

and either that part can be repaired or replaced or the

remaining part can be used separately, we will pay a

proportionate amount.

An item does not cease to be covered just because it is given to

someone else as a gift. You can still claim for that item.

You must obtain our approval before having any item repaired

or replaced.

We will pay up to a maximum of $2,000 for all jewellery and

watches and $10,000 for each event or series of events.

In any 12 month period we will pay up to a maximum of

$25,000 for all items.

If an item is covered both under this Merchandise Protection

and under any other insurance cover provided by us, you can

claim under either cover, but not under both.

may have a zero balance when the benefit is paid.

The following items are not covered:

• precious metals and precious stones;

• cash or its equivalent (including gift vouchers,

travellers cheques, tickets, cheques, postal orders and other

negotiable instruments);

51

• perishable goods, groceries, foodstuffs, beverages

(both alcoholic and non-alcoholic) and other household

consumables;

• used or second hand goods;

• mail order items or items delivered by courier or freight,

while they are in transit;

• animals or living plants;

• motor vehicles, motor cycles, boats, private leisure craft,

tents, caravans (including any accessories fitted to these); or

• contact lenses or other optical or medical products.

We will not pay for:

• loss, theft or damage that results directly or indirectly from

any of the following:

- atmospheric or weather conditions, including the action

of light;

- normal wear and tear;

- an inherent product defect in the item;

- you or someone in your household committing

an illegal act;

- the action of insect, vermin, fungus or rust;

- the action of your pets or other pets in your household;

- electrical or mechanical breakdown;

- taking apart, maintaining, cleaning, restoring, dyeing or

repairing the item;

- using the item for a business purpose;

- you or someone in your household physically abusing or

not taking reasonable care of the item; or

- the item being left unattended in a public place, in an

unlocked car, overnight in an unattended car, or with a

person who steals or deliberately damages it;

• theft or malicious damage which is not reported to the

police within 24 hours of you discovering the theft or

damage; or

• the disappearance of the item in circumstances which are

not explained to our reasonable satisfaction.

Please do not contact Coles or GECFA about any claim,

as they are not involved in processing claims. For

Merchandise Protection claims, telephone Hallmark on

1800 800 230 to obtain a claim form. You must complete the

claim form, sign it, and return it to us as soon as possible. You

must provide us with such information about your claim and

52

the circumstances surrounding it, and copies of such

documentation, as we may require.

For example:

• we will require copies of your card statement and the

receipt, as proof of purchase of the item, and as proof of the

date of purchase;

• if you make a claim for an item that has been stolen or

maliciously damaged, we will require a copy of the police

report.

We may deal with the primary cardholder or any

additional cardholder who makes a claim as though that

person has authority to represent everyone who is entitled to

make the claim, and our dealings with that person will bind

the others.

to which you can have access by telephoning

1800 800 230 or by writing to GE Money, GPO Box 1571,

Sydney NSW 1025.

If your complaint is not resolved in this way, you can contact

the Financial Ombudsman Service, an independent and

impartial body that provides a free external dispute

resolution procedure for complaints within its terms of

reference, by telephoning 1300 780 808, by emailing

info@fos.org.au or by writing to PO Box 561, Collins Street

West, Melbourne VIC 8007.

More information about these procedures is available on

request.

Hallmark follows the General Insurance Code of Practice

which is on the Insurance Council of Australia’s website at

www.ica.com.au

53

This section outlines the conditions which govern the use

of the Concierge Services available to you if you are a Coles

Platinum MasterCard cardholder.

If you are a Coles Platinum MasterCard cardholder, you have

access to the following travel assistance and lifestyle services.

To take advantage of these services, you can call the Coles

Platinum MasterCard Customer Service Centre by telephone on

1300 552 710, 24 hours a day, 365 days a year. While, the Customer

Service Centre will usually endeavour to provide information or

make bookings for you in the first instance, depending upon the

nature of your enquiry or request, you may ask us to transfer

you to speak directly to the relevant travel or booking agent or

service provider.

international flight times. On your request, we will endeavour to

book flights on your behalf.

We provide hotel information, referrals and recommendations

including location, contact details, current rating (if any) and

vacancy information. On your request, we will endeavour to

reserve hotel rooms on your behalf.

We provide car rental, limousine and car service information

including location, contact details hours of operation and

information about availability. On your request, we will

endeavour to book these on your behalf.

and sporting events including location and contact details.

On your request, we will endeavour to book tickets to these on

your behalf.

We provide information about restaurants including location,

contact details, hours of operation, current rating (if any) and

information about table availability. On your request, we will

endeavour to reserve a table on your behalf.

We provide information about health clubs and gyms including

location, available services and facilities, contact details, hours of

operation. We will endeavour to make a booking for any specific

services you request.

We provide information about golf courses and clubs including

54

will endeavour to book tee-off times for you.

We provide information about shopping locations including

hours of operation and facilities.

We provide information about florists. On your request, we will

endeavour to purchase and arrange delivery of flowers on your

behalf.

We provide information on gifts and gift arrangements. On your

request, we will endeavour to purchase and arrange delivery of

gifts on your behalf.

We provide information about rental services for computers and

audio/visual equipment. On your request, we can refer you to

rental service providers and make rental arrangements for you.

The Concierge Services may not be used to acquire goods for

commercial use or to locate or acquire goods or services where

such goods or services, or the acquisition of such goods or

services, is in breach of, or prohibited by, local laws or which may

otherwise have an adverse impact on our reputation or business.

You may not use the Concierge Services where such use would:

• involve illegal channels or be immoral or unethical or otherwise

contravene applicable laws; or

• involve any fraudulent act, misrepresentation or misleading

conduct by you or us.

Where you ask us to arrange shipping or delivery of tickets or any

goods you purchase, we will endeavour to arrange such shipping

or delivery with a reputable carrier and for a reasonable price.

It may not be possible for us to arrange for shipping or delivery to

certain countries and certain addresses. Where this is the case,

you may need to nominate an alternative address where

shipping and delivery is possible.

Where we arrange shipping and delivery on your behalf,

we accept no responsibility for the services provided by the

relevant shipping company or courier and, as between you and

us, you bear all risk associated with any loss of, or damage to, the

goods or any delay in shipping or delivery except to the extent

that we have contributed to such loss, damage or delay by

miscommunicating your instructions to the shipping or delivery

company.

reservation on your behalf or where we conduct research and

provide information to you.

Where you ask us to purchase anything on your behalf such as

tickets, flowers, gifts or services (eg health club services or

computer rental), a charge will be made to your Coles Platinum

MasterCard card unless other payment arrangements are

55

agreed with you. The charge will include any amount relating to

shipping or delivery which we arrange on your behalf. Where the

charge is in a foreign currency, the charge will be converted to

Australian dollars in accordance with Clause 9.4 of these

Conditions of Use.

Before you incur any charge for any purchase made on your

behalf by us or for any shipping or delivery we arrange for you, we

will notify you of the amount of each charge and obtain your

consent. Your consent need not be in writing.

You acknowledge that the amount we notify to you for the

purchase and/or shipping of goods may include taxes imposed on

the acquisition, purchase or importation of goods including

customs and import duties and goods and services tax, value

added tax and any other consumption taxes. We have no liability

in respect of any such taxes or in respect of any failure by any

supplier to include an amount for such taxes.

In some circumstances the supplier of tickets, goods or services

which you acquire using the Concierge Services may allow you to

cancel your purchase. We will endeavour to arrange such

cancellation on your request. However, we will only do so where

the supplier agrees to refund the purchase price to your Coles

Platinum MasterCard card. In this case, we accept no

responsibility for the failure of the supplier to effect such a refund.

Where you cancel a booking or reservation made using the

Concierge Services, even where the supplier agrees to a refund,

the supplier may impose a cancellation charge. You authorise the

debiting of any such cancellation charge to your Coles Platinum

MasterCard card provided you have been notified of the amount

of the charge at or before the time of cancellation.

While we will provide the Concierge Services to you with due care

and skill, you acknowledge that:

(a) we are not the supplier of tickets or other goods or services

which you may acquire from third party suppliers through the use

of the Concierge Services; and

(b) we express no warranty, condition or guarantee as to quality,

fitness for any purpose or availability of any such tickets, goods or

services.

56

We accept no responsibility or liability to you for the goods or

services which you acquire or seek to acquire from any supplier

through the use of the Concierge Services or for any delay or

failure in providing such goods or services.

Our liability to you for any loss, cost or damages you suffer

or incur as a consequence of the Concierge Services we provide

or fail to provide, does not include liability for any consequential

or indirect loss, cost or liability regardless of whether we have

acted negligently or in breach of these Conditions of Use. Nothing

in these Conditions of Use shall be taken to limit or exclude any

liability we have which cannot be limited or excluded under the

Australian Consumer Law or any other law.

The Concierge Services available to you under these Conditions

of Use may change from time to time. Also, we may change the

terms upon which we provide the Concierge Services to you

under these Conditions of Use in accordance with Clause 42 of

these Conditions of Use.

57

In this Privacy Notice, references to “personal information”

include:

- “sensitive information” (such as information or an

opinion about an individual’s racial or ethnic origin,

membership of a political, professional or trade

association and health information);

- “credit information” (such as your identification details,

information about your account, whether it is open or

closed and the relevant dates, the type (such as a credit

card or loan) and amount of credit, and your repayment

history information, such as whether you have made, or

missed, a payment on your credit facility); and

- “credit eligibility information”, which is information about

you disclosed to us by a credit reporting body or

information we derive from it about you.

In this Privacy Notice, a reference to the Privacy Act 1988

includes amendments to the Act, including the Privacy

Amendment (Enhancing Privacy Protection) Act 2012 which

introduces the Australian Privacy Principles.

This Privacy Notice is provided by:

• Coles Supermarkets Australia Pty Ltd ABN 45 004 189

708 (“Coles”) and its associated entities (together the

“Coles companies”); and

• GE Capital Finance Australia ABN 42 008 583 588 (“GE”)

who is the credit provider under the credit facility to which

this Privacy Notice relates and is referred to as the “Credit

Provider”. The Credit Provider and its related entities in

Australia are referred to in this notice as the “GE Group”.

This Privacy Notice contains important information about the

58

collection, use and disclosure of personal information by the

Coles companies and the GE Group. Where personal

information is collected, used and disclosed for the same

purposes by all companies in each Group, the word “we” or

“us” is used. Where personal information is treated differently,

the organisation or Group is identified separately.

Coles has a contractual arrangement with the Credit Provider

to provide the Coles MasterCard® (the “card”) to approved

customers to facilitate credit purchases of goods and services

and for cash advances.

Generally, we collect:

• information you provide in the Application Form;

• purchase and cash advance information (for example,

the type of goods purchased and where they were

purchased);

• information relating to your card account, your ongoing

use of that account and your credit limit;

• information about your participation in the associated

loyalty program (such as your purchasing, points earning

and rewards redemption history, communications and

interactions with the flybuys loyalty program);

• information you provide when registering, or using, your

credit facility on one of our websites;

• information held by a service provider (for example, a

loyalty program operator, a customer service organisation

such as a call centre and others described below under

“Who your personal information may be shared with”);

• sensitive information (in particular, health information)

where it is necessary to provide you with a GE Group

product or a service (including assessing hardship

applications);

• information from third parties (such as employers,

government bodies, accountants, financial institutions and

related companies, here or overseas) where it is

unreasonable or impracticable to collect the information

from you. Such circumstances may include where GE seeks

to verify the income or other details you provided in your

Application Form, to obtain information about facilities

with other credit providers or where dealers or retailers

collect or disclose information about your purchases.

59

• to assess your application for a credit facility and if it is

approved, for the establishment and subsequent

administration of the credit facility;

• to share your personal information with related bodies

for the purposes set out in this Privacy Notice; and

• to assess, establish and administer any credit related

insurance product (including, if applicable, assessing your

application for insurance).

We may also collect, use and disclose personal information for

a number of purposes, including:

• to perform administrative tasks and manage business

operations related to the credit facility and any associated

loyalty program, including dispute resolution;

• to provide any associated loyalty program (such as

flybuys);

• promote and provide benefits associated with the credit

facility and discounts to which you are entitled;

• promote and provide products, services and offers of

Coles companies (such as Kmart, Target, Coles and BI-LO

supermarkets), other program partners in the relevant

loyalty program, the GE Group, other GE related entities

and other organisations;

• for planning, product and service development, and

research purposes;

• for risk assessment modelling;

• for fraud and crime prevention and investigation; and

• to comply with laws that may require or authorise us to

obtain information about you, such as the Anti-Money

Laundering and Counter-Terrorism Financing Act 2006

and other anti-money laundering legislation (for example,

for identity verification), the National Consumer Credit

Protection Act 2009 and other regulatory legislation (for

example, requiring us to maintain client and transaction

records, to provide information relating to loans to the

Australian Prudential Regulation Authority and to make

reports and provide other information to regulators) and

the Taxation Administration Act 1953, the Income Tax

Assessment Act 1997 and other taxation laws (for example,

to comply with information requests issued by the

60

Commissioner of Taxation);

• for other purposes as listed in the Coles companies’

Privacy Policies and the GE Group Privacy Policy and Credit

Reporting Policy (the GE Group Credit Reporting Policy

also notes limitations that may apply to the purposes for

which we may use your credit information); and

• to assist in finalising your application for your credit

facility (including informing the Introducer of the outcome

of your application) or making a purchase on your credit

facility.

If this personal information about you is not provided to us, it

benefits associated with it. The Credit Provider, the GE Group

or Coles may also be unable to process your application, or to

establish or administer the credit facility.

The GE Group may obtain your credit reporting information

from credit reporting bodies in circumstances permitted by the

Privacy Act 1988, for example to assess your application for

consumer credit and to collect payments which are overdue for

consumer credit.

We use credit eligibility information for purposes permitted

under the Privacy Act 1988, including for the purposes of

assessing your initial and ongoing application and availability

for consumer credit and for internal management purposes.

We may disclose personal information about you to credit

reporting bodies (including credit information, such as details

about the credit that we provide to you, your repayment

history and any repayment defaults).

The credit reporting bodies that we exchange credit

information with, and where you can find their privacy policies

(which sets out how they manage credit-related personal

information) are:

- Veda (www.veda.com.au/privacy)

Telephone – 1300 921 621

- Dun and Bradstreet (www.checkyourcredit.com.au)

Telephone – 1300 734 806

- Experian (www.experian.com.au)

Telephone - 1300 783 684

61

These credit reporting bodies may include the information in

reports provided to credit providers to assist them to assess

your credit worthiness. Please be aware that you have a right

to request that these credit reporting bodies do not:

• use your credit reporting information for the purposes of

pre-screening of direct marketing by a credit provider; and

• use or disclose your credit reporting information, if you

believe on reasonable grounds that you have been or are

likely to be a victim of fraud.

You should also be aware that:

• if you fail to meet your payment obligations in relation to

consumer credit or commit a serious credit infringement,

the Credit Provider may be entitled to disclose this to the

credit reporting body; and

• you have a right to access the information from the

Credit Provider, to request that the Credit Provider correct

the information and to make a complaint to the Credit

Provider (please see below for more details about access,

correction and complaints).

The GE Group Credit Reporting Policy on the GE Group website

includes the most up-to-date information about how the

GE Group handle your credit-related personal information,

including information about the credit reporting bodies to

whom GE Group are likely to disclose your personal

information. Please view the GE Group Credit Reporting Policy

under privacy at www.gemoney.com.au/privacy.

Without limiting any other consents contained in this Privacy

Notice, you agree that GE Group may share information about

your credit arrangements and credit eligibility information

about you with any credit providers named by you in the

Application Form and any credit providers named in a credit

report obtained by GE Group and issued by a credit reporting

body in a manner and for purposes that comply with the

Privacy Act 1988, including to assess your application for credit

and your credit worthiness. Subject to the Privacy Act 1988,

GE Group may also share information concerning a credit

facility granted to you or the conduct of that credit facility.

For the purposes listed above or as described, we may share

your personal information with the following (as well as

otherwise permitted by the Privacy Act 1988):

62

• service providers such as customer service organisations,

call centres, mailing houses, researchers, collections

agents, data analysts, professional advisers (such as

accountants), auditors, organisations providing services

and rewards relevant to any associated loyalty program,

delivery companies, mailing organisations;

• an employer named in the Application Form to verify the

personal information provided;

• other organisations as required or authorised by law, for

example, to government or regulatory bodies for the

prevention or detection of unlawful activities.

Coles companies may also share your personal information

with:

• each other for the purposes set out in this Privacy Notice;

• members of the GE Group;

• program partners for any loyalty program associated

with your credit facility;

• business partners from time to time for analysis and

research purposes and in the development of products,

services and promotional offers.

Members of the GE Group may also share your personal

information with:

• each other, whether in Australia or overseas, for the

purposes set out in this Privacy Notice;

• Coles companies;

• credit reporting bodies or other businesses or

organisations that provide personal credit information as

• other financial institutions, government bodies and

credit providers;

• card schemes such as MasterCard;

• your nominated referees;

• additional cardholders or other persons (if any)

authorised by you to operate or access your credit facility;

• organisations through whom you choose to make

payments to GE Group;

• providers of services related to the credit facility such as

statement producers, debt collection agencies and card

manufacturers; and

• organisations wishing to acquire an interest in any part

of GE’s business for assessing or implementing any such

acquisition.

63

protect personal information about you that they hold and

transmit, from misuse, interference and loss and from

unauthorised access, modification and disclosure.

In some circumstances, for the purposes set out in this Privacy

Notice, your personal information, credit information and

credit eligibility information may be disclosed by the GE Group

to organisations located overseas and which do not have an

Australian Link (for example, a disclosure to an overseas

recipient may be necessary for operational reasons – such as

because you have requested an international payment to be

made or another product or service that involves an

international element – or to comply with foreign legal or

regulatory requirements) We may also use service providers

based overseas. Where such disclosures occur, arrangements

will be put in place to protect your personal information. It is

not practicable to list every country in which such recipients are

located but it is likely that the countries to which your

information may be disclosed are as follows:

• China;

• Hungary;

• India;

• Japan;

• Mexico;

• New Zealand;

• Philippines;

• Poland;

• Singapore;

• South Korea;

• Spain;

• United Kingdom;

• United States of America.

The Credit Provider and the GE Group may, without notice to

you or obtaining your consent:

• assign any of its rights under the credit facility; and

• give information about the credit facility and your

obligations under it to any assignee, or anyone who is

considering becoming an assignee.

64

You may contact the GE Group to request access to your

personal information held by the GE Group by:

• contacting the GE Group at 572 Swan Street,

Richmond, Victoria

3121 Attention: Privacy Officer; or

• calling 1300 306 397

Both the Privacy Policy and Credit Reporting Policies for

GE Group is available under privacy at

www.gemoney.com.au/privacy. These policies contain further

information about how you may access the personal

information the GE Group holds about you. A charge may

apply for providing you with access to your personal

information.

You may contact Coles companies to request access to your

personal information held by Coles companies by:

• contacting Coles at 800 Toorak Road,

Tooronga, Victoria 3146

Attention: Privacy Officer

• calling 1800 061 562

Information about Coles companies and the Privacy Policy for

Coles companies is available at www.coles.com.au/privacy and

flybuys.com.au/about/privacy-policy. The Privacy Policies for

Coles companies contains further information about how you

may access the personal information Coles companies hold

about you. A charge may apply for providing you with access to

your personal information.

If you believe that the information that we hold about you is

incorrect in any way, please call us first on 1300 306 397 or

write to us at GPO Box 2256 Melbourne VIC 3001.

The Privacy Policy and Credit Reporting Policy for the GE Group

and the Privacy Policies for Coles companies each contain

further information about how you may seek the correction of

personal information (including credit eligibility information,

where relevant) that either GE Group or Coles companies hold about you.

fairly as possible. We will keep you informed of our progress.

We will do all we can to provide you with the most suitable

response specific to your situation and ensure, where possible,

that your complaint is resolved to your satisfaction.

65

1300 369 340 or you can write to them at:

GPO Box 2256

Melbourne VIC 3001

The Privacy Policy and Credit Reporting Policy for the GE Group

and the Privacy Policy for Coles companies each contain

further information as to how you can complain about a

breach by us of the Privacy Act (including the credit reporting

provisions in Part IIIA) or the Credit Reporting Code, where

relevant, and how we will deal with such a complaint.

If you nominate an additional cardholder or provide personal

information about any other individual, such as a referee, you

must first ensure that the person concerned:

• has seen this Privacy Notice and understood its contents; and

• has separately agreed to their personal information

being collected, used and disclosed in accordance with this

Privacy Notice.

If you nominate an additional cardholder under 18 years of age

who does not have sufficient maturity to understand this

Privacy Notice, you must ensure that a parent or guardian

agrees to this Privacy Notice on their behalf.

The consents given by you in relation to the use of your

personal information for direct marketing apply to contacting

you by all relevant means (for example, by letter, email or

phone) and apply for an indefinite period of time, unless you

expressly withdraw those consents by notice to us.

If you do not want to receive direct marketing information

from the Credit Provider, you may call our Customer Solutions

Team on 1300 306 397.

If you do not want to receive direct marketing information

from Coles companies, please call Coles on 1800 061 562.

personal email address rather than, for example, an email address

This page has been left blank intentionally.

This page has been left blank intentionally.

This page has been left blank intentionally.

GECFNAF0062