Terms and Conditions

Section I. Definitions

In this Agreement, “Card” means the DiviPay Card, issued to you by DiviPay Pty Ltd (“Issuer”). “Card Account” or “Account” means the records we maintain to account for the value of the Card. The words “you”, “your” and “yours” in this Agreement mean the person(s) who has received the card or is authorized to use the Card as described below. The words “we”, “us” and “our” mean DiviPay, our successors, affiliates or assignees. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement.

Section II. General Terms

These Terms and Conditions (hereinafter, “Agreement”) contain the terms that apply to your DiviPay Card; the Card may be used only in the manner and for the purposes authorized by this Agreement.

IMPORTANT INFORMATION ABOUT OPENING THE CARD

The Card operates as a prepaid card that can be used to purchase goods anywhere online Mastercard is accepted. No interest or dividends will be paid on the balance of the Card. Neither the card nor the balance is a deposit account with the Issuer. Cardholder is not permitted to resell.

IMPORTANT INFORMATION ABOUT YOUR NEW CARD

To help fight the funding of terrorism and money laundering activities, law requires all financial service providers to obtain, verify and record information that identifies each person who opens a Card.

In order to receive a Card, you must be a resident of Australia.

You may not use the Card for any illegal purpose, including the purchase of illegal goods or services. You agree to take steps to ensure that you do not use the Card, for any transaction that is illegal under the laws governing your Card Account. Issuer reserves the right to deny transactions or authorizations from merchants apparently engaging in the Internet gambling business or identifying themselves through the Card transactions record or otherwise as engaged in such business. Additionally, Issuer reserves the right to otherwise block or deny transactions from any merchant as we deem fit, with or without notice.

By signing, activating, accepting or using the Card, you agree to be bound by the terms and conditions contained in this Agreement which govern the use of the Card. Read this Agreement thoroughly before using the Card and keep it for future reference.

Section III. Card Description and Function

The Card operates as a proprietary Mastercard prepaid card. The Card accesses funds previously loaded on the Card.

The Card is not directly linked to any checking or credit card account.

Section IV. Transaction Types, Limitations and Alerts

  1. Using the Card

    You may use the card to:

    1. Pay for purchases of goods or services at online merchants who accept Mastercard cards, and have agreed to accept the Card;
    2. Access online services to obtain Card balances and review recent Card history;
    3. Access the web application to obtain Card balances, review recent Card history, and create new Card numbers.
    4. Access customer service at customerservice@divipay.com
  2. Adding funds and using the Card

    Funds can be loaded via Paypal Holdings inc. The maximum card value at any one time is $1,000. If the Card has $1,000 available, additional amounts may not be loaded onto the Card. The maximum amount that can be loaded to the Card at any one time is $1,000 and no more than $2,000 in a 30 day period. The initial Card load minimum is $1. Thereafter, the minimum value that may be loaded onto the Card at any time is $1.

    Cash withdrawals from ATMs, cash back from merchants, and cash advances are not permitted. The maximum amount allowable for purchases is $1,000 per transaction and $2,000 per 30 day period. When the Card is used to obtain goods or services, the merchant may attempt to obtain preauthorization from the Card for the transaction. A three (3) business day hold may be placed on the Card for the amount of the preauthorization request. Certain types of transactions (like hotels and airlines) may have a 15 business day hold. If the preauthorization request amount varies from the actual transaction post amount, the preauthorization hold amount may remain on the Card until the required number of days expires. As a result, subsequent preauthorization requests against the hold amount may cause the transaction to be declined. A preauthorization amount may differ from the actual transaction post amount if the final amount of the transaction is unknown, such as when dispensing fuel or adding a tip at a restaurant. You may not make or schedule pre-authorized, regular payments with the Card.

  3. Text and email alerts

    When you opt in to optional text messaging and/or email alert service, you agree to update your information for text messages and/or email alerts, including any changes in the phone number or email address to be used. You understand that we will make our best effort to send and deliver the alerts and you agree not to hold the Issuer liable for alerts not sent or received by you. Your mobile carrier may charge fees for data usage and text messaging services, and these fees are in addition to any related fees as outlined in this Agreement.

  4. Conversion to foreign currencies

    All cards are loaded in AUD. Transactions made in currencies other than AUD will be converted into AUD Dollars. The exchange rate used to convert the currency used in an international transaction into the billing currency, shall, in each instance, be either a rate selected by Mastercard from the rates available in wholesale currency markets for the applicable processing date and may vary from the rate Mastercard itself receives, or the government-mandated rate in effect for the applicable processing date, plus any fees as outlined in this Agreement. Conversion to AUD Dollars may occur on a date other than the date of the transaction, thus the actual conversion rate may differ from the rate in effect at the time of the transaction. You agree to pay the converted amount plus any applicable conversion charges.

  5. Card Expiration

    Subject to applicable law, you may use the Card only through its expiration date, which will be displayed to you the time of card activation and can be viewed from your secure online dashboard at secure.divipay.com . If you attempt to use the Card or add funds to your Card Account after the expiration date, the transactions may not be processed. If there is a balance remaining in your Card Account upon expiration, a new Card may be issued to you. You must activate any newly issued Card in order to access the funds in your Card Account. If we choose not to issue a new Card to you or if we cancel your Card Account for any reason, we will attempt to refund to you the balance remaining in your Card Account less any amounts owed to us (e.g., fees and charges).

Section V. Payment

Each time the Card is used, the amount of the transaction will be debited from the Card balance. You may not exceed the Card balance available on the Card by any individual or series of transactions. If you conduct a transaction which exceeds the Card balance, you remain fully responsible for either the amount of the transactions approved or the cash withdrawn, and any applicable fees. You agree to immediately add funds to the Card for all transactions exceeding the Card balance, including any fees. If there is still a negative balance after 15 business days, we reserve the right to permanently close the card.

Section VI. Fees

You agree that the following fees apply to the Card and may be charged to the Card or Card Account. You agree that fees may be charged to the loading account or Card Account.

Fees for Adding Money (per transaction)

Fee Type Fee Amount
Card Funding Nil*
Exchange Fee Nil

* DiviPay is currently free during the beta period. Thereinafter the fee will be 2%.

Section VII. Verification of Transactions and Statements

All transactions will be listed separately on the web application. Transactions may take up to 3 days to appear. A copy of all transactions can be obtained for a fee by emailing customer service at customerservice@divipay.com

Section VIII. Issuer’s Liability for Failure to Complete Transactions

Issuer is liable for your actual and direct damages if it causes a Card transaction to be unreasonably delayed or processed for an incorrect amount unless:

  1. You have insufficient funds available on the Card to cover a transaction (through no fault of ours); or
  2. If a merchant refuses to accept your card; or
  3. If a terminal where you are making a transaction does not operate properly; or
  4. If access to your Card has been blocked after you reported you Card lost or stolen; or
  5. If we have reason to believe that the requested transaction is unauthorized; or
  6. Despite reasonable precautions, circumstances beyond our control (such as flood or fire) prevent or delay the transaction; or
  7. We have blocked or restricted Card usage at certain merchants and/or locations.

Section IX. Unclaimed Funds

The balance remaining on the Card may become unclaimed funds escheatable to the state, if, as shown by our record, you have not, within the applicable statutory period, requested refund of unused funds on the expired or cancelled Card, corresponded with us concerning the Card, or transacted any business on the Card. If that occurs, the funds will escheat to the state in which your last known address was located according to our records or the state where the Card was purchased.

Section X. Unauthorized Transfers

Tell us at once if you believe the Card has been compromised, or if you believe that a transaction has been made without your permission. Contact us at customerservice@divipay.com

Section XI. Error Resolution Procedures

In case of errors, questions or discrepancies about Card transaction(s) email us at customerservice@divipay.com as soon as possible. You must contact us within 60 days from the date the transaction appears on a monthly statement and you must provide us with the following information:

  1. Your name and card number.
  2. A description of the error or the transaction you are unsure about and why you believe it is an error or why you need more information.
  3. The dollar amount of the suspected error.
  4. We will determine whether an error occurred within ten (10) business days after we hear from you and will promptly correct any error. If we need more time to investigate, however, we may take up to 45 days (90 days for point-of-sale transactions or foreign-initiated transfers). If we decide to do this, we will credit the funds within ten (10) business days for the amount you think is in error and you will have the use of the money during the time it takes us to complete our investigation. We will tell you the results within three (3) business days after completing our investigation.

Section XII. Lost or Stolen Cards

If the Card is lost or stolen, promptly notify us in writing at customerservice@divipay.com. A replacement Card may be issued. Any applicable card replacement fee will be charged against the Card Account. Keep a record of your Card number in a safe place, separate from the Card to assist in replacement.

Section XIII. Legal Actions Affecting Your Card or Card Account

If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to the Card or Card Account, we will comply with that legal action. Or, in our discretion, we may freeze the assets on the Card or Card Account and not allow any payments out of the Card or Card Account until a final court determination regarding the legal action is received. In such cases, we will not have any liability to you if there are insufficient funds on the Card or in any way restrict access to your funds in accordance with the legal action.

Section XIV. Refund Policy

Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of a credit to the Card. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction was made using the Card) then you will have no access to those funds.

The Card is like cash. We have no obligation to replace or refund value for misused, lost or stolen Cards except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these terms and conditions (for example, warranties as to the exercise of due care and skill in providing services and as to fitness for purpose of materials we provide).

Section XV. Amendment and Governing Law

We may change the terms and conditions of this Agreement by posting the revised terms to our website www.divipay.com/terms, or by another method permitted by law. This agreement is governed by Australian Federal Law.


info@divipay.com