Conditions of Use

debcard Terms and Conditions

These Terms and Conditions ("Terms") govern the use of the debcard Gift Card ("debcard") issued by Windcave New Zealand Limited ("Issuer"). By purchasing, activating, or using the Card, you agree to these Terms.
 1. Definitions
1.1 Card:  debcard issued to Cardholder.
1.2 Cardholder: The person using the debcard. 
1.3 Issuer: Windcave New Zealand Limited, responsible for issuing and managing the Card. 
1.4 Participating Merchants: Retailers and businesses that accept the Card for payment. 
1.5 Expiry Date: The date after which the Card can no longer be used, which is printed on the Card. 
1.6 Balance: The remaining value stored on the Card, expressed in NZD. 
1.7 Website: The online platform at www.debcard.com where the Cardholder can access information and manage their Cards.
2. Purchasing, Activation and Registration 
2.1 The Card is available for purchase through the Website only.
2.2 The Card is not valid until activated according to the instructions provided with the Card at the time of purchase or in the package containing the Card.
2.3 The Card is prepaid and not reloadable.
2.4 The Cardholder may register the Card on the Website. Registration allows Cardholders to raise a chargeback or dispute request, and block a Card. 
2.5 If the Issuer’s postal or courier service is unable to deliver the Card to the designated address following their usual processes, due to no fault of the Issuer, the Balance on the Card will be forfeited.  
3. Use of the Card
3.1 The Card can be used at Participating Merchants to pay for goods and services up to the available Balance.
3.2 Transactions exceeding the Balance will be declined. The Cardholder is responsible for any additional payment required. Cardholders may not authorise or allow any transaction where the Cardholder knows, or has reasonable grounds to expect, that the transaction will exceed the Balance. Common examples include hotels, motels and car rental agencies where the Card details are held for any potential additional expenses that would be later changed to the Card where applicable. 
3.3 The Card may not be used to pay for any direct debits, recurring payments or payment instalments. 
3.4 The Card cannot be used for cash withdrawals or prohibited activities, including but not limited to foreign exchange transactions, gambling, illegal transactions, and any other transactions prohibited by relevant card scheme rules. 
4. Balances and Expiry
4.1 The Card’s Balance and transaction history can be checked for no cost on the Website. You can also check the Balance and transactions details by contacting Windcave Support at 0800 123 012 at a cost published on the Website, which you authorise to be deducted from the Balance. Windcave reserves the right to amend the fee at any stage. 
4.2 The Card expires 3 years from the date of purchase.
4.3 Upon expiry, the remaining Balance is forfeited and cannot be refunded unless required by law.
4.4 No interest accrues on the Balance.
 5. Fees
5.1 The Card may be subject to fees, which are published on the Website, including:  
- A purchase fee at the point of sale
- Courier fees (if elected)
- International transaction cross-border fee 
- Refunds and disputes request fee
- Card re-issue fee domestic
- Card re-issue fee international 
- Phone support fee for balances and transactions.
6. Lost, Stolen, or Damaged Cards or Cancellation
6.1 The Cardholder is solely responsible for safeguarding the Card. The Card details should not be given to anyone other than the intended user. 
6.2 Lost, stolen, or damaged Cards will not be replaced or refunded, except where required by law or you have registered the Card (which will be subject to a re-issue fee).
6.3 The Issuer reserves the right to block Cards suspected of unauthorised, fraudulent, or illegal use.
6.4 The Issuer may permanently cancel the Card as part of a general withdrawal of the Card from the market or as part of a general upgrade of the Issuer’s infrastructure that supports the use of the Card.  The Issuer will post a notice on the Website at least 90 days in advance. 
7. Refunds and Disputes  
7.1 Only Cardholders who have registered their Card on the Website may raise a refund or dispute request within 30 days from the day on which the disputed transaction occurred. The Issuer reserves the right to assess the suitability and qualification to lodge the chargeback with the acquirer. 
7.2 Cardholders may not raise a refund or dispute request which relates to a change of mind about a purchase, or a dispute with someone the Cardholder personally knows or is acquainted with. 
7.3 Refunds for goods or services purchased using the Card are subject to the Participating Merchant’s refund policy and card scheme refund policy.
7.4 The Issuer is not responsible for any errors or disputes arising from a Participating Merchant’s failure to honour the Card.
7.5 Any refunds that if obtained will only be credited to the Card Balance. No refunds will be given in cash.
8. Foreign Currency Transactions
8.1 Transactions made in currencies other than NZD will be converted using the exchange rate determined by the relevant card scheme on the transaction date or the date the transaction is settled by the scheme.
8.2 Foreign currency transactions may incur additional fees, which will be deducted from the Balance.
9. Anti-Money Laundering and Countering Financing of Terrorism (Exemptions) Regulations 2011
9.1 The Issuer complies with the Anti-Money Laundering and Countering Financing of Terrorism (Exemptions) Regulations 2011 and is therefore exempt from the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
10. Cardholder Responsibilities
10.1 Cardholders must:  
  - Ensure the Card is used lawfully and responsibly. 
- Regularly check the Card Balance and expiry date.  
- Take care to safeguard the Card from being lost, used inappropriately, used without the Cardholder authorisation, stolen and damaged.
- Not on-sell the Card to another person. The Cardholders’ rights and obligations under these Terms cannot be assigned. 
10.2 The Cardholder is responsible for providing accurate and complete information during purchase and activation.
11. Fraudulent Transactions  
11.1 The Issuer may monitor and investigate suspicious activity but shall not be liable for any loss arising from any failure to identify or investigate any suspicious or fraudulent activity. 
11.2 Fraudulent or unauthorised transactions may result in the suspension or cancellation of the Card.
12. Liability and Indemnity 
12.1 The Issuer is not liable for:  
  - Losses caused by unauthorised use of the Card.
- Any declined Transactions caused by any error or issue, including but not limited to, any system outages of the Issuer, card scheme or Participating Merchants, or Participating Merchant’s errors.
- Any delays or interruptions caused by system malfunctions, merchant system failures, or network outages. 
12.2 To the extent permitted by applicable law, the Issuer’s liability to the Cardholder in connection with a Card is limited to the Balance on the Card. The Issuer is not liable to Cardholders for any indirect or consequential loss, or any loss of profits, cost savings, reputation, regardless of the cause. 
12.3 Cardholders indemnify the Issuer against any claims arising from misuse of the Card.
13. Privacy and Data Protection  
13.1 The Issuer collects and processes personal information in accordance with the Privacy Statement and the Privacy Act 2020. The Privacy Statement is published on the Website and the link is available here. 
13.2 By using the Card, Cardholders consent to the collection and use of anonymised data for reporting and analytics purposes.
14. Changes to Terms  
14.1 The Issuer reserves the right to modify these Terms by publishing the changes on the Website.  Any changes will automatically take effect 30 days after they are posted. Any changes that materially increase Cardholders’ obligations or have a materially adverse effect on Cardholders’ ability to access funds on the Card will automatically take effect 90 days after they are posted.
15. Unclaimed/Unused Balances  
15.1 Balances on expired Cards become the property of the Issuer on the Expiry Date of the Card.
16. Assignment
16.1 The Issuer may assign its rights and obligations under these Terms to any other person or business, subject to that person or business assuming the Issuer’s obligations under these Terms, by posting a notice on the Website. 
17. Governing Law
17.1 These Terms are governed by the laws of New Zealand. Any disputes will be resolved in New Zealand courts. These Terms are to be read subject to all applicable laws in New Zealand. 
18. Severability and Waiver 
18.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
18.2 Failure to enforce any provision does not constitute a waiver of rights.
19. Customer Service  
19.1 The Issuer can be contacted at:  
  - Email: [email protected]  
  - Phone: 0800 123 012
Cardholders can provide the customer number printed on the back of the Card to the Issuer. The Card number printed on the front of the Card should be kept private, and in no situation should this Card number be provided to the Issuer.