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36<br />

(l) must not accept a nominated card or a transaction which is of a type we have<br />

previously advised you is not acceptable to us; and<br />

(m) must provide suffi cient training to your employees to ensure you meet your<br />

obligations under this <strong>agreement</strong>; and<br />

(n) must prominently and unequivocally inform the cardholder of your identity at all<br />

points of cardholder interaction (including on any relevant web site, promotional<br />

material and invoice) so that the cardholder can readily distinguish you from any<br />

supplier of goods or services to you or any other third party; and<br />

(o) must provide notice to any cardholder with whom you enter into a transaction<br />

that you are responsible for that transaction, including for any goods and services<br />

provided, any payment transaction, related service inquiries, dispute resolution and<br />

performance of the terms and conditions of the transaction; and<br />

(p) must not unfairly distinguish between issuers of a nominated card when processing<br />

a transaction; and<br />

(q) must not refuse to complete a transaction solely because a cardholder refuses to<br />

provide additional identifi cation information in circumstances where we do not<br />

require you to obtain it; and<br />

(r) must, if we have notifi ed you that you can offer cardholders an instalment option:<br />

Surcharging<br />

(i) disclose to them in writing whether the instalment terms limit the goods or<br />

services that the cardholder may purchase. The disclosure must also include<br />

the shipping and handling charges and any applicable tax; and<br />

(ii) inform a cardholder not billed in the transaction currency that each instalment<br />

amount may vary due to currency conversion rate fl uctuations; and<br />

(iii) ensure that the sum of the instalment transaction does not exceed the total<br />

price of the goods or services; and<br />

(iv) obtain authorisation for all transactions; and<br />

(v) not add any fi nance charges to the instalment transaction.<br />

3.8. In respect of surcharging:<br />

(a) you must disclose to a cardholder before a transaction is completed any fee that you<br />

will charge for completing the transaction and do it in such a way that allows the<br />

transaction to be cancelled, without the cardholder incurring any cost; and<br />

(b) you acknowledge that card issuers may from time to time change the classifi cation<br />

of a credit card (ie. standard or premium) and, as a result when applying a surcharge<br />

rate to a cardholder, it cannot be guaranteed that the classifi cation of the credit card<br />

(ie. standard or premium) on which you have based the surcharge will be same as the<br />

classifi cation on which you are charged your <strong>merchant</strong> service fee in relation to the<br />

same transaction.

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