There is no charge to you when you load or use a DiviPay virtual card.
Your Account will not expire. Each virtual card we issue to you will expire after six (6) months. After this period, the funds will either be transferred to a new virtual Card or refunded to your original funding source. The expiry dates for each virtual card can be found in your Account.
Please contact us immediately at firstname.lastname@example.org if:
In this Agreement, “Card” means the DiviPay virtual pre-paid Card, provided to you by DiviPay Pty Ltd (ABN 39 617 434 607) (“Provider” or “DiviPay”). “Card Account” or “Account” means the account you have opened with us to access and operate the Card. The words “you”, “your”, “yours” and “Cardholder” in this Agreement mean the person(s) in whose name the Account is opened, and who has received the Card and is authorised 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.
These Terms and Conditions (hereinafter, “Agreement”) contain the terms that govern your access to and use of the services, including the Card, our website, email notifications, (the “Services”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing through the Services (collectively referred to as “Content”). The Card may be used only in the manner and for the purposes authorised by this Agreement. You are responsible for maintaining and protecting the confidentiality of your login details, which consists of your e-mail address and password.
In consideration of your use of the Card, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Account’s registration form (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DiviPay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DiviPay has the right to suspend or terminate your Account and refuse any and all current or future use of the Account (or any portion thereof).
You may only use your Account and any virtual Cards attached to it at all merchants excluding those on our prohibited list. You can find our list of prohibited merchant categories here
You must not use your Account 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 Account for any transaction that is illegal under the laws governing your Account. The Provider reserves the right to deny transactions or authorisations 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, the Provider reserves the right to otherwise block or deny transactions from any merchant as we deem fit, with or without notice.
By opening your Account, you agree to be bound by the terms and conditions contained in this Agreement which govern the use of the Account.
Your opening of an Account and use of DiviPay’s Services is subject to our verification. You consent to, and authorise us, making any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account information, including billing information. Such verification may be conducted directly by us or through third party databases or other service providers. Where we reasonably require further information and/or documentation to validate your identity, you agree to provide it, including but not limited to confirming ownership of your email address, financial instruments or telephone number, and authorising us to verify your information against third party databases or through other sources.
Cards operate as a proprietary Mastercard prepaid card. The Card accesses funds previously loaded in the Account.
The Card does not automatically withdraw from any checking or credit card account. When using the Card, you must load Fund onto the Card from a debit or credit account before using the Card. If your Card balance is insufficient for a given purchase, the transaction will decline rather than topping up the available funds from any debit or credit card recorded in your Account.
As a DiviPay Account holder, you may also create groups whereby your Card is shared between multiple people within your select group.
Funds can be loaded via your debit or credit card account. The maximum Account value at any one time is $1,000. If your Account has $1,000 available, additional amounts may not be loaded. The initial Account load minimum is $1. Thereafter, the minimum value that may be loaded 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 per person. For groups of more than one member, each user’s maximum contribution for a purchase is $1,000 per transaction. When a Card is used to obtain goods or services, the merchant may attempt to obtain preauthorisation from the Card for the transaction. A three (3) business day hold may be placed on the Card for the amount of the preauthorisation request. Certain types of transactions (like hotels and airlines) may have a 15 business day hold. If the preauthorisation request amount varies from the actual transaction post amount, the preauthorisation hold amount may remain on the Card until the required number of days expires. As a result, subsequent preauthorisation requests against the hold amount may cause the transaction to be declined. A preauthorisation 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.
We use two factor authentications by sending verification PINs by text message, and may also communicate with you via email. 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 Provider 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.
Your Account is loaded in Australian Dollars (AUD) and all amounts referred to in this Agreement are in AUD. You may not load any other currency onto your Card other than 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.
If a refund is issued from a merchant where a foreign currency was used you will be refunded a portion of the amount refunded by the merchant, up to the total original purchase price in AUD.
Subject to applicable law, you may use a Card only through until its expiration date, which will be displayed to you in your account via our mobile application and web platform. If you attempt to use a Card after the expiration date, the transactions may not be processed.
Each time a Card is used, the amount of the transaction will be debited from the Account balance. You may not exceed the Account balance by any individual or series of transactions on any individual or series of Cards. If you conduct a transaction which exceeds the Account balance, your transaction will be declined.
You agree that the following fees apply when loading funds into your Account. You agree that fees may be charged to the loading account or your Account.
|Fee Type||Fee Amount (per transaction)|
In connection with your use of your Account, or in the course of your interactions with us, another DiviPay user or a third party, you warrant and agree that you will not:
Any Cardholder who violates or breaches this Agreement may have their Card and/or Account terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by DiviPay or any other user of DiviPay’s Services.
All prior transactions will be listed in your Account details. Transaction may take up to 3 days to appear. A copy of all transactions can be obtained by emailing customer service at email@example.com
The balance remaining in your Account may become unclaimed funds, if you have not, within the applicable statutory period, requested refund of unused funds in your Account, corresponded with us concerning the Card, or transacted any business on the Card, and we cannot contact you. If that occurs, we will deal with the funds in accordance with the relevant unclaimed monies laws.
If you believe the Card has been compromised, or if you believe that a transaction has been made without your permission, or if the device from which you access your Account is lost or stolen, promptly notify us in writing at firstname.lastname@example.org.
In case of errors, questions or discrepancies about Card transaction(s), email us at email@example.com as soon as possible. You must contact us within 60 days from the date the transaction appears and you must provide us with the following information:
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.
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.
Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds from a merchant may be in the form of a credit to the Card or direct transfer to your nominated bank account.
We have no obligation to replace or refund value for misused, lost or stolen devices that allow the use of 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). If you close your DiviPay Card and Account, you are automatically entitled to a refund of your remaining balance or portion of remaining balance directly back to your funding source.
The Provider is liable for your actual and direct damages if the negligent or wrongful act of the Provider causes a Card transaction to be unreasonably delayed or processed for an incorrect amount. For the avoidance of doubt, we will not be liable where you or a third party has caused the delay or incorrect processing, including but not limited to circumstances where:
Subject to clause 17, and to the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential (which includes but is not limited to lost or misdirected orders, lost profits, lost goodwill, lost or stolen programs or other data) damages, losses or expenses, however caused and under any theory of liability arising out of or in connection with (1) use of DiviPay’s Card, Account or Services, or the inability to use DiviPay’s Card, Account or Services by any party; or (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission by third party merchants and retailers; or (3) line or system failure or the introduction of a computer virus, or other technical sabotage.
You indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense, arising under any theory of liability (including but not limited to tort, statute, equity or contract), we suffer as a result of your negligent or wrongful acts or omissions, or your breach of these terms or any other terms and conditions you agree to prior to using the Card and our Services but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent or wrongful acts or omissions.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Account), use of the Service, or access to the Service.
You agree that DiviPay may, under certain circumstances and without prior notice, immediately terminate your DiviPay Account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your DiviPay Account includes (a) removal of access to all offerings within the Service, (b) removal of access to the Account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in DiviPay’s sole discretion and that DiviPay shall not be liable to you or any third-party for any termination of your Account, any associated email address, or access to the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by DiviPay or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DiviPay grants you a personal, non-transferable and non-exclusive right and license to use its Software provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DiviPay for use in accessing the Service.
You expressly understand and agree that:
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
DiviPay may provide you with notices, including those regarding changes to this Agreement, by email or postings on the Service.
The DiviPay logo, trademarks and service marks and other DiviPay logos and product and service names (the “DiviPay Marks”) are trademarks of DiviPay Pty Ltd. Without the prior permission of DiviPay Pty Ltd you agree not to display or use in any manner, the DiviPay Marks.
We reserve the right to modify, updated or otherwise alter the terms in this Agreement. We will notify you of any changes to the terms, including any changes to fees and charges, by displaying the updated terms the first time you log into your Account after the change. Any changes will apply to your next transaction with us, but will not apply to any transaction that is currently in progress. If you are unhappy with any of the changes, you may terminate your Agreement with us immediately by closing your Account.
Please report any violations of this Agreement to DiviPay Support via the report feature or ‘Contact Us’ available on the DiviPay website.
Entire Agreement – This Agreement constitutes the entire agreement between you and DiviPay and governs your use of the Service, superseding any prior agreements between you and DiviPay. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DiviPay services, affiliate services, third-party content or third-party software.
Choice of Law and Forum – This Agreement and the relationship between you and DiviPay shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and DiviPay agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales.
Waiver and Severability of Terms – The failure of DiviPay to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
No Right of Survivorship and Non-Transferability – You agree that your DiviPay account is non-transferable and any rights to your DiviPay account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all funds transferred in accordance with the direction of your execution.
Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.