Swag Account Terms and Conditions
For all relevant terms and conditions, please see links below
Contents
Issued by Hay Limited ABN 34 629 037 403
Australian Financial Services Licence No. 515459
Approved May 2025
1. Welcome
Thank you for choosing a Swag Visa Debit Card (Card) and Swag Account (Account).
2. Issuer and Regulatory Information
Hay Limited is the Issuer of the Swag Card and Account. It is authorised, as set out in the Hay Australian Financial Services Licence No. 515459, to offer financial products and services, including non-cash payment products.
If you hold a Swag Visa Debit Card and Swag Account (Card and Account), you will have a contract with Hay Limited.
Hay Limited has authorised Employment Hero Financial Services Pty Ltd ACN 606 879 663 (Employment Hero) to arrange, distribute, and deal in the non-cash payment financial products issued by Hay.
These Terms and Conditions (Terms) are our agreement with you about the use of your Card and Account. Please read them carefully as they set out things such as how Hay or Employment Hero use your information, security, fees and charges and limits.
These Terms should be read in conjunction with the following documents, made available to you before opening for your Card and Account, as they form part of our agreement with you:
Product Disclosure Statement (PDS): employmenthero.com/legals/Swag-spend-account/pds/
Target Market Determination (TMD): employmenthero.com/legals/financial-disclosure-documents/tmd/
Financial Services Guide (FSG): employmenthero.com/legals/financial-disclosure-documents/fsg/
If you commence using the Card and Account you will be deemed to have read, understood, and accepted these Terms.
Please contact the Swag Spend support team if you don’t understand anything in this document and we can explain things further for you.
Swag Spend support team:
9am – 5pm, Monday to Friday
- Email: Swagspendhelp@employmenthero.com
- App: Employment Hero Work App > Money > Support > Contact Us
- Website: employmenthero.com/products/swag-spend-account/
3. Eligibility
You will need to satisfy specific eligibility criteria to maintain this product. To qualify, you must:
- Be an individual person; and
- Be aged 16 years or older; and
- Have a valid Australian residential address
- Have a valid Australian citizenship or eligible residency status
4. Using your Card and Account
(a). Transferring funds to and from your Account
You may add funds into your Account by:
- Transferring funds electronically (typically from another Financial Institution) using your BSB and Account number
You can access your Account and find your BSB and Account number through the Employment Hero Work App.
Payments to your Account will be credited to your Spend Balance once they have cleared.
You may make withdrawals from your Account by:
- Using your Card to make a Purchase at a Merchant or an ATM withdrawal
- Pay Anyone (payment to a third party)
- Authorising a Direct Debit
Warning:
It is important to enter the correct BSB and account information when making payments from your Account. Where you enter incorrect information:
- funds may be credited to the account of an unintended recipient if the BSB and account number do not belong to the person you name as the recipient; and
- if you enter the incorrect details, it may not be possible to recover funds from an unintended recipient
(b) Receiving your Card
Once We have approved your application for a Card and Account, We will send you a physical Card by post. You can also add your Card to Apple Pay and Google Pay on supported Devices. Apple Pay and Google Pay are subject to additional terms found at employmenthero.com/legals/digital-payment-terms/
(c) Activating your Card
Before you use your Card for the first time, you will need to Enable the Card in the Money section of your Employment Hero Work App, under ‘Card’.
(d). Using your Card
You can make Purchases using your Card anywhere Visa cards are accepted, including Cash Withdrawals at ATMs.
For Contactless Transactions, you may not need to enter your PIN under certain limits.
Please make sure you check the amount is correct on the terminal before presenting your Card and authorising a Contactless Transaction.
We will deduct the amount of any transaction using your Card from your Spend Balance. You cannot stop payment on a transaction after it has been completed. For Unauthorised Transactions or other Disputed Payments, please refer to Clause 9.
(e) Negative balance
It is your responsibility to ensure that you have sufficient Spend Balance to complete a transaction. If you do not have sufficient Spend Balance in your Account, transactions will be declined. However, in certain circumstances, a transaction may be processed to your account that exceeds your Spend Balance. You must immediately repay any amount in excess of your Spend Balance. If a transaction exceeds the Spend Balance, We are not increasing your Spend Balance.
(f). Restrictions on use
(i) You cannot use your Card or Account for any illegal purposes including using it to fund or Purchase anything that is illegal under Australian law.
(ii) You must not allow any other person to use your Card or Account. Allowing someone else to use your Card or Account is a breach of these Terms.
(g). Using your Card outside Australia
All transactions in foreign currencies will be converted into Australian dollars and will be processed using the foreign exchange rate determined by Visa at the time of settlement.
(f). Card expiry
The expiry date is shown on your Card. Prior to the expiry, We will re-issue your Card or contact you and provide further information about replacing your Card.
5. Limits
There are default limits that apply to the Swag Visa Debit Card and Swag Account :
Maximum balance | $50,000 |
Minimum balance | $0 (no overdraft facility) |
Maximum deposit per day | $25,000 |
Maximum ATM cash out per day | $500 |
Maximum Direct Debit per day | $2,000 |
Maximum single Pay Anyone transaction | $5,000 |
Maximum single Visa Debit card transaction | $10,000 |
Maximum Visa Debit card transaction per day | $10,000 |
Total daily transaction limit | available Spend Balance |
NOTE: Other Merchant or Financial Institutions may also impose their own limits.
6. Fees
Current fees and charges that apply to your Swag Visa Debit Card and Swag Account can be found here https://employmenthero.com/legals/Swag-spend-account/pds/
We will debit your Account for any fees (if applicable) including any fees that Hay is permitted to debit in accordance with any additional Employment Hero terms and conditions.
Please note, Merchants and financial institutions may also impose fees or surcharges.
7. Annexures
If additional payment channels are introduced in the future, the applicable terms and conditions for those channels will be set out in this section.
8. Security
a). Protecting your important information
It is important you keep your Device, Employment Hero Work App, Card information, PIN and Passcode secure:
You must not:
- unnecessarily disclose the Card number on your Card
- write a PIN or Passcode down either on the Card or on something you carry with the Card
- share your PIN or Passcode with any other person
- allow another person to register their Biometric details on your Device
(b). What to do when you suspect your Card has been lost
If you believe your physical Card is lost (and there’s a chance you’ll find it) you can Disable your Card in the Employment Hero Work App so that it cannot be used. While the physical Card is Disabled you can continue to use your Card with Apple and/or Google Pay and make payments from your Account. If you locate your Card, you can Enable it in the Employment Hero Work App. If you cannot locate your Card, you must report this immediately via the Employment Hero Work App, or by sending a support ticket to Employment Hero at https://workhelp.employmenthero.com/hc/en-au/requests/new
(c). What to do when you suspect your Card or Account has been compromised
Where you think a transaction is Unauthorised, is otherwise incorrect or someone else has access to your Account, Card, Device, PIN or Passcode, you must report this immediately mark the Card lost or stolen in the Employment Hero Work App. You should also report this to Employment Hero via the Employment Hero website and provide as much information as you can so it may be investigated.
(d). Confirmation of Payee
What is Confirmation of Payee?
Confirmation of Payee allows financial institutions to undertake a matching process on account details when their customers (payers) are making an outbound payment using a BSB and account number for the recipient of that payment.
It is intended to assist customers by letting them see more details about where they are paying their money to before making a payment, thereby reducing mistaken payments, and potential loss due to a fraud or scam.
While We do not currently offer this service, other financial institutions may provide it to their customers. As a result, your Account details may be used and shared for Confirmation of Payee purposes.
How it works
When a customer at another financial institution enters your Account Name, BSB and Account Number to make a payment, Confirmation of Payee will check the details entered to “match” the details We hold for your Account.
The paying customer will be able to see the result of the matched record (which may include your name), which enables them to choose whether to proceed with the payment (details match), to pause and check the details again, or to stop the payment (details do not match).
Match outcomes
There are four (4) types of match outcomes:
Match | Means the details the payer has entered match your Account records. Your Account name details will be displayed. |
Close Match | Means the details the payer has entered closely match your Account records. Your Account name details will be displayed. |
No Match | Means that the details the payer entered do not match your account. Your Account name details will NOT be displayed. |
Error | The Confirmation of Payee service could not confirm the Account details the payer has entered. Your Account name details will NOT be displayed. |
What information you should share to receive a payment from someone else?
To receive money from someone else without any potential delays, you should share the name, BSB and Account number for your Account.
Opting out of Confirmation of Payee
Eligible Accountholders may request to opt-out of the Confirmation of Payee service.
This means your Account name and match outcome will not be displayed to payers and could impact the likelihood of the payer proceeding with the payment.
Even when you opt-out of the Confirmation of Payee service, you acknowledge and authorise Us to confirm, disclose, store and use your Account details through the Confirmation of Payee service to government agencies for the purposes of making a payment to you by government agencies
CoP Acknowledgement
You acknowledge and authorise:
- Us to use and disclose your Account details in the Confirmation of Payee service; and
- Payers’ financial institutions to use your Account details for the purposes of the Confirmation of Payee service; and
- Us to confirm, disclose, store and use your Account details through the Confirmation of Payee service to government agencies for the purposes of making a payment to you by government agencies
9. Responsibility for mistaken or Unauthorised Transactions
Where you think a transaction is an Unauthorised Transaction or is otherwise incorrect, please get in touch with us immediately via the Employment Hero Work App and provide as much information as you can about the relevant transaction so we can investigate further.
There are specific circumstances and time frames where we can claim a refund in connection with a disputed transaction. This means that our ability to investigate a disputed transaction is limited to the time frames imposed by payment service providers and card schemes (like Visa) that we deal with, so it is important to let us know as soon as possible after you become aware of a disputed transaction.
If you suspect that the security of your Swag Account and or Swag Visa Debit Card has been compromised, you may want to Disable your Swag Account and Swag Visa Debit Card to avoid continued unauthorised use.
(a) Mistaken payment
Where you make a mistake when making a payment, you must inform us as soon as you realise that a mistaken payment was made. You must provide us with sufficient details of the transaction, so we can try and trace it. We will try to reverse the transaction and retrieve your funds. However, if we can’t reverse the transaction, we are not responsible, and you will be liable for the mistaken payment.
If We are reasonably satisfied that funds were paid into your account by mistake, through unauthorised activity, or due to fraud, and your account has a sufficient balance, We may debit your account for the amount received and return it to the payer without prior notice.
(b) Incorrect payments/issues with a purchase
If you have a problem with a purchase made with your Swag Visa Debit Card or a disputed transaction, the first step is to get in touch with the merchant you made the purchase from.
If you cannot resolve the matter with the merchant, contact us about the disputed transaction via the Employment Hero Work App.
(c) Lost, stolen Swag Visa Debit Card or compromised PIN
You will not be responsible for Unauthorised Transactions:
- that occur before your Swag Visa Debit Card is issued to you;
- that occur after you have Disabled or cancelled your Swag Visa Debit Card and while it remains Disabled; or
- where you didn’t contribute to the Unauthorised Transaction.
We may consider that you have contributed to an Unauthorised Transaction where:
- you have not kept your Swag Visa Debit Card, PIN or Passcode reasonably secured; or
- there was an unreasonable delay in Disabling or cancelling your Swag Visa Debit Card where you believed it was lost, stolen or otherwise compromised; or
- there was an unreasonable delay in reporting any unauthorised or mistaken payments.
10. Transaction history
You can view your transaction history on the Employment Hero Work App at any time. We take security very seriously but please regularly check it to make sure there is nothing unusual such as:
- transactions you don’t recognise;
- transactions you didn’t authorise;
- transactions where you never received the relevant goods or services;
- transactions where the purchase price differs to the purchase amount; or
- you think a transaction may have been duplicated.
11. Changing the status of your Card and Account
(a) Accountholder instruction to close Account
You can provide instructions to close your Card or Account via the Employment Hero Work App. All transactions, including any fees or charges owing on your Account must be settled and the balance brought to $0, before We can close your Account.
(b) When We can Block or close your Card and/or Account
We may close your Card and/or Account after giving you reasonable notice.
In some circumstances, at our discretion, We may Block or close your Card and/or Account without notice: if:
- If We have concerns about its security or if We suspect your Card or Account has been compromised
- If We become aware that you haven’t complied with these Terms or any additional Employment Hero terms and conditions
- If We are required to by applicable laws
- If We suspect that your Card or Account are being used for illegal activity
- To manage any risk
- If We reasonably consider that a transaction is fraudulent, in breach of the AML Act, or if We have concerns regarding money laundering or terrorism financing risk
- If we reasonably consider you are engaging in conduct that is:
- coercive or controlling behaviour to limit a person’s access to or use of funds
- making profane, derogatory, discriminatory or harassing comments to any person
- making or promoting threatening or abusive language to any person
- making or threatening physical or psychological harm to any person
Where possible, We will inform you why We have suspended or closed your Card and/or Account, however, in some cases, our legal obligations may prevent Us from providing this information, and our failure to inform you of the reasons does not constitute a breach of these Terms.
Hay is not responsible for any loss that arises where We Block or Cancel your Card and/or Account.
(c) If We cancel your Card and Account:
- You must pay any outstanding fees or charges owed to us.
- We may need to wait for all pending transactions to be processed and for your account balance to reach $0 before We can close your account.
- If there is a credit balance remaining, We will take reasonable steps to return it to you.
- You will no longer be able to use your Card or Account.
- You remain responsible for any transactions that that occur on your Card or Account (including outstanding Card transactions), even after cancellation.
12. Responsibilities and boundaries
Hay is responsible for issues that occur due to our error. This includes instances where your Card or Account is incorrectly debited because of our mistake. However, We are not responsible for issues outside of our control, such as:
- When a Merchant does not accept your Card;
- Delays or interruptions not caused by us;
- Transactions that cannot be processed despite our reasonable precautions;
- Disputes between you and the supplier of goods or services Purchased with the Card or Account.
To the extent permitted by law and Visa scheme rules, Hay’s maximum liability is the value of a transaction processed due to our error. For other issues that Hay may be responsible for, our liability is limited to the amount of your Spend Account Balance.
13. Complaints
If you have a complaint relating Card or Account or the or the financial services We have provided to you, you can make a complaint to Employment Hero, to Hay or to the independent complaint handling body, AFCA.
If you have a complaint, please contact Employment Hero in the first instance.
Employment Hero can be contacted via:
9am – 5pm, Monday to Friday
- Email: Swagspendhelp@employmenthero.com
- App: Employment Hero Work App > Money > Support > Contact Us
- Website: http://www.Swagapp.com/money
If you are unable to resolve your issue with Employment Hero directly, you can escalate your enquiry to Hay via complaints@hellohay.co
We will acknowledge your complaint within 1 business day and respond within 30 calendar days.
If We cannot complete our investigation within 30 calendar days, We will let you know why before the 30 calendar days lapse.
It’s important you raise your concerns with Us first before going to AFCA, as AFCA will generally encourage this before they will deal with a complaint matter.
The contact details for AFCA are:
Mail: GPO Box 3, Melbourne VIC 3001Phone: 1800 931 678 (free call)Email: info@afca.org.auWebsite: www.afca.org.au
Further information about the process can be found in the Swag Card and Account PDS, or in the Financial Services Guide.
14. Applicable Laws
Anti-Money Laundering and Counter Terrorism Finance (AML) laws
As the Issuer of the Card and Account, Hay must comply with the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth) (AML Act) and its related Rules.
There are several obligations under the AML Act which We must comply with including know your customer requirements – this is why We require you to provide evidence of who you are and where you live.
Verifying your identity and the Document Verification Service
When you provide your identification information, We are required to verify that information, which We do through independent providers, one of which is the Document Verification Service or DVS.
DVS is provided by the Australian Government, and allows Us to verify your identity documents, such as your driver’s license, passport and, if applicable, your residency status (Visa check). When you are completing the application process and uploading your identity document(s), you will be asked to provide a consent for your document to be verified by the DVS as part of that process – this is part of the online process, and you may choose to either (i) provide your consent or (ii) not provide your consent.
What happens if you do not consent to have your identity verified?
If you do not provide your consent for the DVS to conduct the verification of your identity document, We may not be able to validate your identity. If We cannot complete your identity verification, We may not be able to provide you with the product and services you are seeking from us.
Notifying changes to your details
You must let Us know as soon as possible when any of your details change. You can update your information through the Employment Hero Work App. If you have any issues with making changes to your details, please contact Us for assistance.
What happens when We have a concern about a transaction?
Hay is committed to protecting you and your monies from fraud and scam activities.
Where We reasonably consider that a transaction is fraudulent or may breach the AML Act, We may need to delay or refuse transactions or Block or close your Card and Account. We must Block the Card and Account until We can verify or re-verify your identity.
We are not responsible for any loss that arises where this occurs.
Where We can, We will let you know why We have stopped the transaction or Blocked the Account. However, in some instances our legal obligations will stop Us from being able to tell you and failing to inform you of the reasons is not a breach by Us.
15. Privacy
Privacy Statement
We are committed to complying with the Privacy Act 1988 and its accompanying Australian Privacy Principles.
Our Privacy Statement can be found at hellohay.co/privacy, or you can request a copy of the Statement at any time, and We will email or mail a copy to you.
The Privacy Statement sets out the details about how We manage your personal information, including how and why We collect that information, when We might need to disclose and use that information, and how We stored and handle your information.
Hay and its related body corporates (We, Us, our) collect your personal information to provide you with products and services and to provide assistance and support to you.
We may share your personal information with members of our Group of companies (including members of our group outside Australia), our Business Partners (who help Us provide our products and services to you), and all of them may share your personal information with us.
The Privacy Statement sets out:
- why We collect your personal information
- the consequences if you don’t provide your personal information to us
- the other parties We need to disclose your personal information to and why, including when that information is disclosed outside of Australia
- how to access your information and ask for correction of your personal information; and
- how to make a complaint if you believe We have breached our obligations in respect of your personal information and how We will deal with such a complaint.
The Statement also provides details about our procedures and processes to protect your information, including technology and operational activities We use to secure that information.
If you have any questions or need to speak to Us about how your information is handled or about our Privacy Statement, you can contact Us at:
Hay Limited – Privacy Officer
P: 1800 592 323
M: PO Box 772, Surry Hills NSW 2010
16. How We tell you about changes
Change | Minimum Notice Period (Calendar Days) |
Changes to Terms and Conditions or the PDS | No later than the day or the change.For material or unfavourable changes, 30 days |
Introduce, remove or change limits | 30 Days *Unless for security or financial integrity reasons the change needs to be enacted immediately |
Introduce a new fee or increase an existing fee | 30 Days |
We may give notices to you in the following ways:
- Published to the Employment Hero Work App or Employment Hero website, notifying you that We have done so (including, but not limited to, by SMS or Push Notification to the Employment Hero Work App)
- Sent by email to the email address to the We hold on file for you;
- Sent by post to the address We hold on file for you
- Delivered by any other means permitted by law
If you keep using your Card and/or Account after the notice of change is posted and the change becomes effective, you will be bound by the amended Terms. If you no longer wish to continue using the Card and Account under the updated Terms, you can request closure of your Card and Account.
17. Governing law
The laws of New South Wales will govern the Card and Account and any legal questions concerning this agreement.
18. Meaning of words
In these Terms, words that commence with a capital letter have the following meaning:
General Terms
Account or Swag Account means the digital (virtual) account held by Hay to which the Accountholder can deposit funds and to which the Swag Visa Debit Card is linked to. The Account is not a bank account.
Accountholder means the person in whose name a virtual Swag Account is held by Hay.
Apple means Apple Pty Limited ABN 46 002 510 054 and its related bodies corporate and affiliates.
Apple Pay means the payment platform created by Apple for making payments using an Apple Device and a supported Card re
ATM withdrawal means removal of physical cash from your Account through an Automatic Teller Machine (ATM).
Block means a temporary status Employment Hero or Hay has applied an Account or Card to prevent transactions from being processed. Only Hay or Employment Hero can remove a Block.
Card or Swag Visa Debit Card means the Debit Visa Card which Hay Limited issues to you for use wherever Visa Cards are accepted.
Cardholder means the person to whom a Swag Visa Debit Card is issued by Hay.
CoP or Confirmation of Payee means a product provided by Australian Payments Plus that is used by initiating and receiving financial institutions to “match” details used by a payee to reduce mistaken payment, fraud and scam risks.
Contactless Transaction means a transaction where a contactless-enabled Card or Device is used to make a payment by tapping it near a contactless-enabled terminal, without the need to insert the Card.
Chargeback means the process established by Visa in which a Cardholder challenges a transaction made via their Card.
Device means any equipment (electronic or otherwise) or artefact designed to be used to access your account.
Direct Debit is a payment method that allows an Accountholder to authorise a company to automatically withdraw funds from your Account on a scheduled basis. Direct Debits must be formally removed by the Accountholder and the company they established the authority with.
Disable means a temporary status placed on a Card which results in all transactions processed using the physical Card number being prevented until the the card is Enabled again.
Disputed Transaction (or a Dispute) means a Card or Account transaction that the Accountholder is claiming is illegitimate in some way. For an Account transaction Dispute, the process to lodge and assess this claim is established by the New Payments platform (NPP) and Direct Entry (DE).
Employment Hero means Employment Hero Financial Services Pty Ltd ACN 606 879 663 of Level 2/439-441 Kent Street, Sydney NSW 2000 as the authorised corporate representative (authorised representative number 001234046).
Google Pay: means the mobile wallet service provided by Google that enables you to make Google Pay payments. Google Pay® is a trademark of Google LLC
Hay means Hay Limited ABN 34 629 037 403 Australian Financial Services Licence No. 515459 (also referred to as we or us).
Issuer means Hay Limited ABN 34 629 037 403 Australian Financial Services Licence No. 515459 as the Issuer of both the Swag Visa Debit Card and Swag Account.
Merchant means authorised vendors who are able to accept and process a Visa Debit card.
Passcode means a code you choose to protect access to the Employment Hero Work App, or your Device, or any other password or code We provide to you (for example, to help you log in to your Account or authorise a transaction)
Pay Anyone means a payment from your Swag Account to another person’s account with an Australian Financial Institution by using the BSB and account number of the person to whom you are making the payment.
PIN means the personal identification number used to protect access to your Card which is created by you
Purchase means payment made using a Card to acquire goods or services from a Merchant.
Employment Hero Work App means the mobile application Employment Hero has developed to support the Swag Spend offer.
Spend Balance means the dollar value (in AUD) that is available in your Swag Account at a particular point in time which you can view by using the Employment Hero Work App and which you can utilise by using the Swag Visa Debit Card.
Swag Spend means the product offered by Employment Hero that contains the Swag Visa Debit Card and Swag Account that consumers can open and operate.
Terms and Conditions means the detail and rules that apply to the opening, fulfilment and use the Swag Visa Debit Card and Swag Account. They are an essential part of a contract between the Cardholder and Hay Limited as the Visa Debit card Issuer.
Unauthorised Transactions means a transaction which you haven’t authorised and without your knowledge and consent.
Visa means Visa Worldwide PTE Ltd.
We, Us means Hay