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Privacy Policy
This Privacy Policy (“Policy”) governs the collection, use and disclosure of Personal Information by MCA Investments Limited (trading as “Dosh”). In this Policy, “Dosh”, “we”, “us”, or “our” means MCA Investments Limited and any reference to “you” or “yours” refers to you.
We collect and use your Personal Information to provide you with access to our websites, App, social media channels, products and services (“Services”).
Your privacy rights
- Dosh is committed to complying with its obligations under the Privacy Act 2020 (“Privacy Act”) when dealing with your Personal Information. Any Personal Information you provide to us will be stored, used and disclosed by Dosh in accordance with this Policy.
- If you have any questions regarding this Policy or wish to access or amend the Personal Information that we hold about you, please contact our Privacy Officer at contact@Dosh.nz.
Acceptance of this privacy policy
- By accessing or using our Services, and/or otherwise providing us with your Personal Information, you acknowledge that you have read and understood this Policy and that you authorise us to collect, hold, use and disclose your Personal Information in accordance with this Policy.
- This Policy is in addition to any other applicable terms and conditions that may apply to your relationship and/or engagement with us, including our Terms and Conditions available here.
Amendments to this privacy policy
We may amend and update this Policy from time to time by posting a revised version on our website or otherwise notifying you through our Services. Any changes will apply from the date we post the updated Policy on our website or through our Services. If we make any significant changes, we will endeavour to provide you with reasonable notice of such changes through our website, or via other means such as email. By accessing or using our Services after such notice period, you will be deemed to have accepted the updates to this Policy. If you do not agree to any change, you must immediately notify us and cease accessing our Services.
How and what type of information we collect about you
Your Personal Information will be collected and held by MCA Investments Limited, 28 Customs Street East, Auckland CBD, Auckland, 1010, New Zealand.
We collect Personal Information in order to manage, market and conduct our business, to provide our Services, and to meet our legal obligations. Depending upon the nature of your relationship with us, the type of Personal Information we collect and hold may include:
- your name and contact details (including your email address, phone number and postal address);
- your payment and purchase history through use of the Services (e.g. merchant name and value of spend);
- passport or drivers licence details, including date of birth, to verify your identity for AML compliance purposes;
- bank account for the purpose of adding money to your Dosh account (in accordance with your instructions); records of our communications with you, including any complaints, requests or queries;
- transaction history on your home loan held with the lender, provided to Dosh by an open banking provider (with your consent);
- information provided by you in application for a Dosh product, including a Dosh loan;
- any other Personal Information that may be required in order to facilitate your dealings with us and/or to assist us in conducting our business, providing and marketing our Services and meeting our legal obligations; and
- information we create in the course of our relationship with you, such as personal preferences and other details or evaluations of your interactions with us and our Services.
- for merchants, their business type, business address, GST details, and directors and shareholder details (which will include the Personal Information listed above).
Who we collect Personal Information from
We use different methods to collect your Personal Information. We will generally collect Personal Information directly from you (e.g. through information you submit through the Service or through correspondence that you submit to us). However, we may also collect Personal Information:
- from third parties and government databases in some instances, for example to verify your identity for AML compliance purposes;
- from other third parties that we partner with for product, marketing and promotional purposes, e.g. lenders, open banking providers, credit reporting agencies, event organisers and merchants who use Dosh; and/or
- from publicly available websites or sources.
If you have provided us with information about another person, you warrant that you have that person’s permission to do so. Your obligations under privacy laws may also mean that you need to tell that person about the disclosure and let them know that they have a right to access their Personal Information and that we will handle their Personal Information in accordance with this Policy.
When you access our Services, we may collect information that is sent to us by your device. Generally, this information is not personally identifiable data, but to the extent that it is considered Personal Information for the purposes of the Privacy Act, we will comply with our legal obligations under any such law or regulation when processing that information.
You are not required to provide us with your Personal Information. However, if you choose not to provide Personal Information to us on request we may be unable to provide certain Services to you or it may affect the functionality of our Services.
How we use Personal Information
We collect, hold, use and disclose your Personal Information for the following purposes:
- to provide you with our Services;
- to send, receive, process, administer, and collect payments from you on behalf of merchants and registered users of the Dosh app;
- to communicate with you (for example to provide customer support or to ask you for feedback about our Services);
- to communicate your requests in relation to your loans with lenders and to facilitate the provision of financial advice from lenders where required;
- to enable the assessment of applications and management of services, such as loans;
- to help provide a more tailored and personalised experience;
- to research and help improve and enhance our Services and to conduct market analysis and perform data analytics on customer behaviour and insights in relation to our Services;
- to undertake administrative functions associated with the Services and our business;
- to comply with any legal obligations, including our obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009;
- to comply with our contractual obligations to the lenders, including as required for ongoing audit, legal, and compliance purposes;
- to send you electronic messages and push notifications to promote and market our Services and/or other services we consider you may be interested in, including any promotions and deals available through the Dosh App.
You can opt out of receiving marketing material, push notifications and other promotional communications at any time by disabling notifications in the App, notifying us at contact@Dosh.nz or by clicking the unsubscribe function included in our marketing communications.
Who we may disclose your Personal Information to
We may disclose your Personal Information to:
- merchants, in order to facilitate payment for the goods or services you purchase from them using our Services.
- lenders in connection with assisting you to apply for and to administer loans (and related security), and to facilitate your requests in relation to the loans and the provision of financial advice from lenders where required;
- any third party service providers that we have engaged to provide a service to us in relation to our Services and/or to carry out functions on our behalf, including those who provide us with IT and marketing services;
- financial services dispute resolution providers (where required by law or with your consent);
- third party providers of identity verification services to enable us to meet our obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009;
- a third party for application and management of loan products;
- potential investors and/or purchasers of our business;
- our professional advisors, including accountants, insurers and lawyers;
- any other person or organisation that you have authorised us to disclose your information to; and/or
- any other third party where such disclosure is permitted or required under the Privacy Act and/or any other applicable law;
- registered users of the Dosh app, to enable them to see your name and phone number in their contacts and transaction information.
- regulatory bodies including the Financial Markets Authority and the Reserve Bank of New Zealand (whether or not required by law);
- debt collection or credit reporting agencies;
- lawyers and other advisers, and our insurers (and their advisers), in connection with defending, protecting and/or enforcing our legal rights and interests; and
- any other person authorised by you, or by the Privacy Act or another law.
If we disclose Personal Information to a third party outside of New Zealand who uses that information for their own purposes, we will ensure that such third party is subject to comparable privacy laws to New Zealand or is required to protect the Personal Information in a way that is comparable to New Zealand’s privacy laws.
Access, correction and retention of your Personal Information
You agree that any information you give to us will be accurate, correct and up to date and you will inform us if any of Personal Information changes to ensure that the details we hold about you are up to date and correct. You can update your personal details at any time through your customer account or by contacting us at contact@Dosh.nz.
You are entitled to access the Personal Information we hold about you, and to request that we amend it if it is incorrect. If we are not willing to correct errors that you have identified in your Personal Information, you may request that we take reasonable steps to attach a statement to the Personal Information noting the correction sought.
We will only retain your Personal Information for as long as it is required to achieve the purposes set out in this Policy or as otherwise required by law.
Security of information
We take reasonable steps to protect Personal Information from misuse, loss and unauthorised access, modification or disclosure.
Although we take reasonable steps to ensure Personal Information held by us (or on our behalf) is protected and held securely, we do not make any warranties in relation to the security of any information you disclose or transmit to us and we are not responsible for the theft, destruction, or inadvertent disclosure of your Personal Information where our security measures have been breached. Any transmission of Personal Information is conducted at your own risk.
Where we hold your Personal Information
We use third party cloud service providers, such as Microsoft Azure, to store data on our behalf. Those providers are generally based in Australia and Europe.
Cookies
“Cookies” are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
Like many other websites on the internet, we use Cookies and other third party web tracking and analytic tools to collect and track information about you when you are using our Service for the purposes of:
- providing more customised content and material to you through our Services;
- improving our Services and your customer experience;
- conducting business and marketing analysis; and
If you do not wish to allow Cookies you may change your browser settings to disable Cookies. However, if you disable Cookies some parts of our Services may not function properly.
Links to other websites
Our Services may have links or references to third party websites or material. This Policy does not apply to those websites, and any information collected by such third parties is governed by that third party’s privacy practices or policies. We accept no responsibility or liability for the content or privacy practices of any third party website or App.
How to contact us
If you have any queries or concerns about this Policy or our handling of your Personal Information please contact our Privacy Officer at MCA Investments Limited, 28 Customs Street East, Auckland CBD, Auckland, 1010, New Zealand, or by emailing us at contact@Dosh.nz.
When applying for a Dosh loan, you also agree to the following authorisation for our third party provider Avanti Finance Limited (NZB 9429038556692).
Avanti Privacy Act Authorisation
By submitting an application for a Dosh Personal Loan, you authorise Avanti Finance Limited (Avanti, we or us) to collect, use and share your personal information in accordance with our Privacy Statement, which you can find at www.avantifinance.co.nz /privacy-policy. Dosh has a contractual arrangement with Avanti to provide the Dosh Personal Loan to approved customers.
1. THE INFORMATION WE COLLECT
The Privacy Statement includes a full list of the personal information which we may collect from you. That information includes (but is not limited to): information about your identity, like your name (and any previous or other names you are or have been known by), age, gender, identification, biometric data and image; your contact details, like your address and or current whereabouts, telephone number and email address (including any arrival and departure records held in New Zealand); financial information, like your income, expenses and liabilities and banking history; information about your past and current bank accounts, including bank statements; and information about your employment and type of work you do.
2. WHO WE COLLECT YOUR PERSONAL INFORMATION FROM AND SHARE IT WITH
The Privacy Statement also includes a full list of the people and organisations from whom we may request and collect your personal information, and with whom we may share it. Those people and organisations include (but are not limited to): any registered bank or other credit provider in New Zealand; your past and present employers; your past and present service providers, including your telecommunications providers; and government agencies and services, including NZ Customs Service, the Ministry of Justice, Department of Corrections, New Zealand Police, the Ministry of Social Development (including Work and Income), Immigration New Zealand, Inland Revenue Department, Kainga Ora (and related agencies), NZTA's Driver Check service, Housing New Zealand Corporation, Office of the Privacy Commissioner and the Commerce Commission.
3. AUTHORISATION
By submitting a loan application, you confirm that: you have read and understood the Privacy Statement and this authorisation; you authorise us to collect, use and share your personal information in accordance with the Privacy Statement and this authorisation; all representations that you have made to us and all information and documents that you, or any other person acting with your knowledge or permission, has given to us in connection with this loan agreement are and remain complete, accurate and not misleading and have not been given fraudulently.
Last updated: 26 02 2025
Terms & Conditions
1. Dosh
These user terms are a contract between you and MCA Investments Limited (NZBN 9429048713511), trading as Dosh (“we”, “us”) governing your use of the Dosh application and services (“Dosh”).
You must be in New Zealand, be over 13 years old and have a New Zealand mobile phone account and New Zealand bank account to use Dosh. We will conduct customer due diligence on you in accordance with New Zealand laws using Cloud Check.
Dosh is an app that helps you spend, save and borrow. You agree to comply with all terms and conditions in these user terms. You also agree to comply with the following additional policies and each of the other agreements posted on www.dosh.nz that apply to you.
We may revise these user terms and any of the policies listed above from time to time. The revised versions will be effective at the time we post them on this website, unless otherwise noted. However, if our changes reduce your rights or increase your responsibilities, we will provide you not less than 30 days’ prior notice of the change.
By continuing to use Dosh after any changes to these user terms become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to these user terms, you may close your Dosh account.
1.1 Privacy
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
1.2 Cloud based
Dosh is a cloud based application, hosted on Microsoft Azure servers in Australia (NSW / QLD).
1.3 Dosh is only a payment service provider
We act as a payment service provider only. We do not:
- (a) act as an escrow agent with respect to any money sent to you on Dosh that has not been transferred;
- (b) enter into a partnership, joint venture or employment relationship with you;
- (c) guarantee the identity of any user or merchant.
2. Opening a Dosh Account
2.1 General
Dosh offers a range of account types, including;
Everyday account: Your Everyday account is opened upon successful registration with Dosh. The Dosh Visa Debit Card is linked to this account. No interest is paid on your Everyday account. To continue your relationship with Dosh you must keep your Everyday account open. Deactivating your Dosh account will close all accounts with Dosh, including your Everyday account. You need to move funds from your everyday account to your nominated bank account before closing.
Stash account: A Stash account can be opened in app for managing your money. No interest is paid on balances in your Stash account.
Strive account: A Strive account can be opened in app for setting and growing your savings towards a goal. Interest is paid on Strive balances where you continue to hold an active Everyday account. You may only have one personal Everyday account, and up to 20 Strive or Stash accounts.
Loan account: You may apply for a loan from one of our third-party Lender partners through our website or app. Once approved by a Lender, the loan balance will be managed, and repayments made out of your Everyday account.
You must have an active One Wallet linked to the mobile number you register with dosh to hold a Dosh account - click here for more information about the One Wallet provided by One New Zealand Limited (One NZ). If you do not have an active One Wallet linked to the mobile number you register with Dosh, one will be opened for you upon successfully signing up to Dosh. Your One Wallet is subject to the One Wallet terms and conditions.
2.2 Adding money to your account:
- (a) Dosh uses bank transfer and a reputable third-party payments provider to ensure that adding money to a Dosh Everyday account is seamless and secure. Dosh has no visibility of your account username or password with such third-party payments provider simply sending confirmation once payments are made. A set fee applies when making a third party payment.
- (b) The current third-party payments provider is Windcave. By accepting these user terms you also
accept Windcave’s terms, found at https://www.windcave.com/merchant-ecommerce-
account2account-terms as updated from time to time (Third-Party Payments Provider Terms). - (c) Dosh is not liable to you in connection with your use of such third-party payments provider’s website, systems, or its content.
- (d) You will be directly liable to third-party payments provider under the Third-Party Payments Provider Terms if you are in breach of those terms.
- (e) For direct bank transfer you will be directly liable to your nominated bank’s terms if you are in breach of your bank’s terms.
- (f) Bank transfer authorisation is between you and your bank; normal banking transfer timings occur (not instant).
- (g) You may request, and Dosh may supply your own Dosh Bank Account number for wage or salary payments into your Dosh account. If you send money to this account not related to wages or salaries, Dosh may return these funds to the sender account. Dosh Bank Account numbers are provided by a registered bank in New Zealand.
2.3 Holding Money in Your Dosh Account
- (a) Dosh holds money in your Everyday, Stash and Strive accounts on bare trust with registered banks in New Zealand. At all times the money in your Dosh account(s) is kept separate from the money Dosh uses to run its business.
- (b) Dosh holds money on your behalf until you instruct us to either:
(i) transfer money to a seller or other third party using Dosh or the Dosh Debit Card; or
(ii) transfer money from your account into a nominated bank account (subject to certain terms set out below). - (c) Funds are held on an individual bare trust for each Dosh customer as the ultimate beneficial owner, although your money may be held in a pooled account along with the money of other Dosh customers. We maintain detailed records of transactions, allowing us to clearly identify each customer's beneficial entitlement to the trust funds at any given time.
- (d) Funds held on trust may earn interest from the banks where they are held. No interest will be payable to you in relation to your money in your Everyday account or Stash accounts. Any interest earned from balances held in these accounts will be retained by us as our property. A portion of the interest earned is payable to you for balances in your Strive accounts.
Dosh receives a commission of up to 1% per annum of all account balances for managing the accounts. The overall commission deducted by Dosh is the difference between interest paid to customers and the interests we receive from the banks. - (e) We may hold payments for longer periods at our reasonable discretion, such as to minimise fraud risk, where necessary due to circumstances beyond our reasonable control, or to await the conclusion of a dispute.
- (f) In the event that Dosh decides at our discretion to return funds in your accounts, the monies will be returned to the bank account from which the funds arrived at Dosh. Any funds we are unable to repay will be dealt with in accordance with applicable law.
- (g) For clarity, no money is held on your Dosh Visa Debit Card as the Dosh Visa Debit Card only draws funds from your Dosh Everyday account.
2.4 Your Dosh Visa Debit Card
- (a) Your Dosh Visa Debit Card draws funds from your Dosh Everyday account and can be used like a debit card to pay for items in store and online.
- (b) You can order your Dosh Visa Debit Card through the Dosh app. Each Dosh account may only have one active Dosh Visa Debit Card. Your first Dosh Visa Debit Card is complimentary.
- (c) Upon confirmation of your in-app order, your personalised Dosh Visa Debit Card will be sent to you via post. Follow the instructions in the app to activate your Dosh Visa Debit Card.
- (d) To protect yourself against card fraud you must safeguard your Dosh Visa Debit Card and PIN:
(i) do not write your PIN down anywhere. Memorise it instead;
(ii) never tell anyone your PIN;
(iii) make sure no-one can see you enter your PIN at ATMs or when using EFTPOS, or see
your Dosh Visa Debit Card details when shopping online;
(iv) consider using a different PIN for different cards;
(v) take care of your Dosh Visa Debit Card. Do not leave your Dosh Visa Debit Card in an unattended vehicle, wallet or purse or anywhere where a thief could remove a card without being noticed;
(vi) do not let anyone else use your Dosh Visa Debit Card; and
(vii) tell us if you change your address, so replacement cards are sent to the correct place. - (e) You must contact us immediately on becoming aware your Dosh Visa Debit Card is lost or stolen, if your Dosh Visa Debit Card is in the possession of another person, or your Dosh Visa Debit Card, or PIN, is misused (or you think it may be).
- (f) At your request, we will send you a replacement Dosh Visa Debit Card. A $15 replacement fee may apply.
2.5 Strive accounts
- (a) You can open one or more Strive accounts in the app by selecting the + option on the Dosh home screen.
- (b) To get your Strive savings underway, you’ll need to add money to your Everyday account, and then transfer the amount of money you choose to your Strive account.
- (c) Once you have opened your Strive account you can make as many deposits and withdrawals as you like. There are currently no deposit, withdrawal, transaction or account fees.
- (d) Dosh receives interest from banks, and Dosh pays you a portion of this interest as the rate you earn. The commission retained by Dosh is the difference between the interest paid to you and the interest we receive from the banks. The maximum commission earned by Dosh is 1% per annum.
- (e) Interest is calculated on your daily balance and paid in a single payment on the first calendar day of each month. We advertise the rate of interest that is current on the day on our Website (www.Dosh.nz) and in the Dosh app, however this rate may go up or down at any time and without notice.
- (f) You can close a Strive account at any time. Any balance must be transferred from the account before closing. Any interest paid to a Strive account that is closed will be directed to your Everyday account.
- (g) Interest will only be paid to active Dosh accounts with a valid IRD number as verified by the IRD. Everyday accounts that are closed or suspended will not be paid interest.
(h) You will need to pay tax on the Interest you earn from your Strive account(s). You are responsible for your own tax obligations. You confirm that any tax details provided to Dosh are correct and must inform Dosh if your tax details change. You may not be paid your interest if the IRD number you have provided is incorrect. - (i) Dosh will pay Resident Withholding Tax on the interest you earn from your Strive account(s) each month. We withhold this from the interest you earn each month and pay it directly to Inland Revenue. We will also tell Inland Revenue how much money you earned each month. This information will then appear in your myIR account.
- (j) If you are a tax resident of another country, or US tax resident, you will not be able to open a Strive account due to your tax residence status. You will need to let us know if you move overseas as this may impact on our ability to provide the Strive product to you. It may also have tax implications for you.
2.6 Closing your Dosh Accounts:
- (a) You may close your account and terminate your relationship with us at any time by closing your account in the Dosh app (More > App Settings > Close my account). You must transfer any money from your Dosh account and repay any loan before closing it.
- (b) You will remain liable for all obligations related to your Dosh account even after your account is closed.
- (c) In certain cases, you may not close your Dosh account, including:
(i) To evade an investigation.
(ii) If you have an open dispute or claim.
(iii) If you owe amounts to us.
(iv) You have money owing on a loan. - (e) You should cut your Dosh Visa Debit Card up and dispose of it carefully so that it cannot be used by anyone else.
- (d) You can ‘lock’ or ‘limit’ transactions or apply a temporary lock on your Dosh Visa Debit Card at any time through the app. You can also set a limit per transaction on your Dosh Card and update or remove the limit, by updating your Dosh Visa Debit Card settings in the Dosh app. If you choose to apply a temporary lock and lock all transactions made by your Dosh Visa Debit Card, you should be aware that a temporary lock does not report your Dosh Visa Debit Card to us as being lost or stolen.
- (e) Closing and reopening a Dosh Everyday account within a 30-day period is not permitted. If you close your Dosh Everyday account, and attempt to reopen a new Dosh Everyday account within a 30-day period, this is in breach of our Terms and Conditions, and will result in your account being suspended, pending investigation.
2.7 Dosh balances
Dosh does not permit negative balances on Everyday, Stash or Strive accounts.
3. Making Payments
3.1 Personal Payments
- (a) You can send money to, or request money from, another person with a Dosh account (sometimes
called “peer-to-peer/P2P payments”). - (b) We may, at our discretion, impose limits on the amount of money you can send, including money you
send to such other people, and the frequency of such payments, and may also impose limits on the
amount which can be held in your Dosh account. - (c) Personal payments are irrevocable from the moment the payment is sent and funds left your account.
3.2 Using your Dosh Visa Debit Card
- (a) You may use your Dosh Visa Debit Card to make transactions up to a limit prescribed by Dosh in New Zealand or overseas with any merchant or bank displaying the Visa symbol.
- (b) Your ability to make transactions using your Dosh Visa Debit Card is subject to the available funds in your Dosh Everyday account. The Dosh Visa Debit Card cannot be used to overdraw your Dosh Everyday account.
- (c) Once you have made a transaction, you cannot cancel it. Dosh will not be held liable if you are unable to complete a purchase using your Dosh Visa Debit Card, or withdraw funds.
(d) The Dosh Visa Debit Card is for consumer use only.
3.3 Fees
- (a) Fees and limits may change from time to time at our sole discretion.
- (b) Transactions made in a foreign currency will have a 2% currency margin added to the conversion rate.
- (c) Adding money to your Dosh Everyday account using Windcave will incur a $0.70c fee per transaction. The fee will be deducted from the transferred amount at the time of the transaction.
- (d) Dosh charges $100 broker fee for all successful loan applications.
3.4 Taxes
- It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, or that are marked as for goods and services, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. Dosh is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.
4. Buying something
- (a) We review payments you make at our discretion. When we identify a potentially high-risk payment to a merchant, we review the transaction more closely before allowing it to proceed. See clause 14 for our rights in relation to holding certain transactions.
- (b) On certain transactions Dosh may offer cash back paid to directly into your account. Cashback is payable where advised in the Dosh Deals section of the app, under terms described in each deal.
- (c) Dosh reserves the right to not pay cashback where you do not make the transaction with your Dosh Visa Debit Card, or our affiliate partner does not recognise the transaction as complete, or the directions set out in the deal are not followed correctly.
- (d) Where cash back is paid, Dosh may reverse the transaction where the goods and returned or the purchase is reversed.
5. Refunds
5.1 Refunds for transactions
Dosh does not offer refunds for transactions. These are at the discretion of the merchant.
6. Dosh Loans
- (a) You may apply for a Dosh loan on the website Dosh.nz or in the Dosh app.
- (b) Dosh loans are issued by third party lenders (each a “Lender”) and promoted by Dosh. You authorise us to submit information on your behalf and communicate with the Lender regarding your application, as well as for any ongoing requests related to the loan throughout its term.
- (c) You need to meet the eligibility criteria of the Lenders for approval, and we cannot guarantee that your application will be successful. All loans are transactions between Lenders and yourself, the borrower. Dosh is not a party to the transaction and is not responsible for the underlying loan. Dosh is not liable for breaches or failures to perform by Lenders.
- (d) You agree to complete the relevant customer onboarding process and any additional checks or requirements of the Lenders. You also confirm that all information provided to Dosh and Lenders as part of the loan process is true and correct to your knowledge. You agree to Dosh collecting and sharing relevant information with Lenders both at the time of application and during the term of the loan. If any information changes, you agree to provide us with updated information, even if we do not specifically request it.
- (e) You must have an active Dosh account to receive loan proceeds from Lenders, and must not close the account until the loan is discharged in full.
- (f) Your loan account balance and loan information in the Dosh app are indicative of the loan you hold with the Lender. Dosh undertakes best endeavours to maintain an accurate balance and loan information and is not liable for any inaccuracies whatsoever.
- (g) You authorise Dosh to debit your Everyday account for loan repayments. Loan repayments are applied to the relevant loan balance outstanding.
- (h) Where permitted by the loan documents, you may make one off payments on your loan by transferring funds to your loan account. Transfers made to your loan account will be applied to your next rescheduled payment due and do not impact your interest charge, and may reduce your loan term.
- (i) Broker fees may apply to loans entered into with Lenders, and if applicable will be specified in the relevant loan application documents. Other fees and charges may be applied by the Lender. You will be notified of loan fees as part of the loan contract with the relevant Lender. Dosh may also earn a commission from Lenders for promoting their loans.
- (j) We recommend that you seek financial advice (which could include, for example, budgeting advice) before taking out a loan.
- (k) If your loan application is declined by a Lender, you agree that Dosh may share your application details with another third party Lender for the purposes of assessing your loan application. If successful, you would enter into a direct relationship with that Lender.
- (l) You agree to receive electronic communications, marketing and disclosures relevant to your application or loan from the Lenders.
- (m) Loans are governed by the terms and conditions of the Lender and the relevant loan documents between you and the Lender. If there is a conflict between the loan document or the Lender’s terms and conditions and these Dosh terms and conditions, in relation to a loan, the loan document and Lender terms and conditions will prevail.
(n): if you:
(request financial advice from the Lender;
(ii) default on repayments, and any payment is more than 90 days overdue for the rest of the loan term; or
(iii) withdraw any required consent related to the loan, we may cease to act as your agent for the loan, and our authority to act on your behalf in relation to your loan will end. In that case, we will facilitate you being supported by the relevant Lender directly.
7. Restricted activities
7.1 Actions Dosh may take
During the course of your interactions with us, other customers, or third parties, you must not:
- (a) breach these user terms, the Acceptable Use Policy, or any other agreement between you and us, or any laws;
- (b) misuse our or any third party's intellectual property rights, or privacy;
- (c) create or control more than one personal account for yourself without our express authorisation;
- (d) act in a manner that is defamatory, threatening or harassing;
- (e) provide false, inaccurate or misleading information;
- (f) send or receive what we reasonably believe to be potentially fraudulent money, or payments for advertising, marketing, or otherwise on an unsolicited and unauthorised basis;
- (g) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- (h) control an account that is linked to another account that has engaged in any of these restricted activities;
- (i) interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Dosh services) operated by us or on our behalf, any of the Dosh services or other users’ use of any of the Dosh services;
- (j) circumvent any of our policies or determinations about your Dosh account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Dosh account(s) when you have amounts owed to us or when your Dosh account has been restricted, suspended or otherwise limited; opening new or additional Dosh accounts using information that is not your own (e.g.name, address, email address, etc.); or using someone else’s Dosh account or Dosh Visa Debit Card;
- (k) harass and/or threaten our employees, agents, or other users.
- (l) utilise your Dosh account in a manner deemed to be suspicious, fraudulent, against Dosh policy or actively circumnavigating our terms of use as determined by Dosh.
7.2 If you owe us money
If for any reason you owe us money, you must pay it to us on demand, together with any costs we might incur in recovering such amounts due from you. Dosh may suspend your Dosh account until such time as monies owed are fully paid.
(a) Dosh reserves the right to deduct amounts from a Dosh account where monies are owed to Dosh. This includes, but is not limited to, cases where a transaction has settled without an authorisation, where your funds have not arrived at the Dosh bank account, refunds have been incorrectly applied, or where you have received monies (including referral bonuses) via a customer who has breached our general T&Cs.
8. Communications between you and us
To contact Dosh, please direct all communication to contact@dosh.nz, or via the app chat message service or at www.dosh.nz via the chat service.
9. Our Rights
9.1 Our suspension and termination rights
We, in our sole discretion, reserve the right to suspend or terminate these user terms, access to or use of our websites or apps, Dosh Visa Debit Card, software, systems (including any networks and servers used to provide any of the Dosh services) operated by us or on our behalf or some or all of the Dosh services for any reason and at any time upon notice to you.
9.2 Security Interest
As security for the performance of your obligations under these user terms, you grant to us a lien on, and security interest in and to, money in your Dosh account and any other funds held in our possession.
9.3 No waiver
Our failure to act with respect to a breach of any of your obligations under these terms and conditions by you or others does not waive our right to act with respect to subsequent or similar breaches.
10. Warranty and Indemnity
- (a) You indemnify Dosh for actions related to your Dosh account and your use of the Dosh services.
- (b) You agree to defend, indemnify and hold Dosh harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of these user terms, your improper use of the Dosh services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Dosh account, including your Dosh Visa Debit Card, or access our websites, software, systems (including any networks and servers used to provide any of the Dosh services) operated by us or on our behalf, or any of the Dosh services on your behalf.
10.1 Limitation of Liability
- (a) Nothing in these user terms is intended to have the effect of restricting or modifying your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other obligations that cannot be restricted or modified by law.
- (b) Other than our responsibilities stated above at 10.1(a), or in relation to loss or damage you suffer resulting from our gross negligence or wilful default, we do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from your use of Dosh.
- (c) Dosh is in no way liable for losses relating to lost, stolen or unauthorised transactions of the Dosh account holder. In the event of losses, Dosh provides a Dosh Visa Debit Card dispute process to be completed by the Dosh account holder.
10.2 No Warranty
- (a) Dosh is provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- (b) We do not have any control over the products or services provided by merchants who accept Dosh as a payment method, and we cannot ensure that a Dosh user or a seller you are dealing with will actually complete the transaction or is authorised to do so.
- (c) We do not guarantee continuous, uninterrupted or secure access to any part of the Dosh services, and operation of our websites, apps, software, or systems (including any networks and servers used to provide any of the Dosh services, including card payment services) by us, or on our behalf, or by any third party may be interfered with by numerous factors outside of our control.
10.3 Your Release of Dosh
- (a) If you have a dispute with any other Dosh accountholder including any merchant or Lenders, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- (b) In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
11. IP
11.1 Our Trade Marks
(a) "Dosh” and all logos related to the Dosh services are either trade marks or registered trademarks of Dosh or Dosh’s licensors.
(b) All right, title and interest (including any and all intellectual property rights) in and to the Dosh service, any content thereon, and any new intellectual property rights relating to the Dosh service or any derivatives of the foregoing created now or in the future is the exclusive property of and vests automatically on creation in MCA Investments Limited and its licensors.
12. Customer support
Dosh provides customer support during standard New Zealand business hours. Support can be reached at contact@dosh.nz. in-app chat service, or live chat messaging www.dosh.nz
13. Financial advice
Dosh does not provide any financial advice or recommendations. Any information we make available to you does not take into account your particular investment objectives, financial situation, or investment needs. None of the information we provide can be taken as investment, financial, or tax advice. If you are unsure whether or not a particular Dosh offer is right for you, you should get advice from a financial adviser.
14. Holds
Under certain circumstances, in order to protect Dosh’s security and integrity, Dosh may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your Dosh account, including any associated merchant account.
Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of Dosh, our customers and/or merchants. We may use proprietary fraud and risk modelling when assessing the risk associated with your Dosh account. In addition, we maybe restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
When Dosh places a temporary hold on a transaction, the money is not available to either the sender, payor or the recipient, payee. Dosh reviews many factors before placing a hold on a transaction, including: account, transaction activity, and past disputes.
15. Account Limitations
Limitations may be placed on your account or Dosh Visa Debit Card to help protect Dosh and Dosh users when we notice restricted activities or activity that appears to be unusual or suspicious. There are several reasons why your Dosh account or Dosh Visa Debit Card could be limited, including (without limitation):
- (a) if we suspect that you are trading in illegal goods and/or services;
- (b) if we suspect someone could be using your Dosh account without your knowledge;
- (c) if we reasonably believe you have breached these user terms; and
- (d) in order to comply with the law.
16. Dispute resolution process
- (a) Disputes will be resolved through Financial Services Complaints Ltd (FSCL), an approved financial dispute resolution scheme that Dosh has elected to use.
- (b) You can initiate this process by directly making your complaint to our customer support team which can be reached at contact@dosh.nz or through FSCL by completing their complaint form found at https://www.fscl.org.nz/complaints/complaint-form, emailing FSCL at complaints@fscl.org.nz, telephoning FSCL at 00 347 257 or writing to FSCL at PO Box 5967, Wellington 6140.
- (c) Where the dispute is in relation to a loan, you may be entitled to use the dispute resolution process of the Lender.
17. Anti-money laundering
You agree to provide any information we require in order to manage our anti-money laundering and countering financing of terrorism obligations. You agree that we may refuse to establish a relationship with you, or may be required to stop or suspend providing Dosh services to you, if you fail to provide this information to us in the timeframe we specify.
18. Communications between You and Dosh
By using the App, you acknowledge and agree that Dosh, including our affiliates, may send you marketing and promotional communications and notifications in relation to Dosh’s services. You can opt out at any time by notifying us at contact@dosh.nz or by clicking the unsubscribe function included in our marketing communications.
19. General terms
(a) These user terms are intended to be for the benefit of, and enforceable by, Dosh, Windcave, and any affiliate or subsidiary of ours for the purposes of the Contract and Commercial Law Act 2017.
(b) No waiver of any breach of these user terms by us shall be deemed to be a waiver of any other, or any subsequent, breach. No failure or delay by any party in exercising any rights, power or privilege under these user terms shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power or privilege under these user terms.
(c) These user terms constitute the entire agreement between you and us as it relates to your use of the Dosh services.
(d) If any provision of these user terms is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the user terms will remain in full force and effect.
(e) These user terms are governed by New Zealand law.
Google Pay
Terms & Conditions
1. Introduction
These Dosh Google Pay Terms and Conditions together with the Dosh Terms and Conditions govern your use of your Dosh Card (‘Card’) with Google Pay. It’s important you read this document carefully. Your Card is issued by Flexewallet NZBN 9429046405883 and its Related Bodies Corporate (‘Issuer’). The Issuer can be contacted at 28 Customs Street East, Auckland CBD, Auckland 1010 or contact@dosh.nz. In these terms and conditions any reference to ‘we’ or ‘us’ is a reference to the Issuer; ‘you’ are the Card purchaser/user of the Card.
2. Acceptance of Terms
You agree to these terms by:
adding your Dosh Card for use in Google Pay on your eligible Android Device. These terms apply in addition to your Dosh Card Terms associated with each Card.
It is important that you read these terms and the Product Disclosure Statement together.
3. Adding/Removing your Card on Google Pay
You can add your Card to Google Pay on your eligible Android Device provided
that:
we have verified the relevant Cardholder’s identity;
the Cardholder has agreed to the Card being added to Google Pay on the relevant Cardholder’s eligible Google Device;
the balance of your card account is in good standing. Cardholders can remove the Card linked to their account from Google Pay on the Cardholder’s Android Device at any time.
Instructions to unlink your card are available on the Google Pay website and through your Android Device.
Once your Dosh Card is added to Google Pay, the Cardholder can use Google Pay to authorise transactions on an account. This is done by using the relevant Android Device in place of the Dosh Card at a contactless terminal or in an application on an Android Device. Some contactless terminals may require the Cardholder to enter the Card PIN.
4. Security and Liability
Any person who can unlock your Android Device may be able to make transactions using the Dosh Card registered in Google Pay.
If a Cardholder’s Card linked to your card account is registered for Google Pay on any eligible Android Device, you are responsible for ensuring that:
only the Cardholder’s biometric identifier (and no other person’s biometric identifier) is registered;
the Google wallet is not shared with anyone and is used only by the Cardholder;
the Cardholder keeps the passcode for the Cardholder’s Android Device secure in the same way as a Cardholder would keep a banking password or PIN secure, including by:
not sharing it with anyone,
not carrying a record of it within an Android Device or with anything capable of being stolen along with an Android Device (unless a reasonable effort is made to protect the security of it);
not choosing an easily guessable passcode such as the Cardholder’s date of birth or a recognisable part of the Cardholder’s name; and
not acting with extreme carelessness in failing to protect the security of the passcode.
the Cardholder keeps the Android Device safe and secure (including by locking it when not in use or when it is unattended and by installing up-to-date anti-virus software on it); and
the Cardholder removes the Dosh Card from the Cardholder’s Android Device before disposing of the Android Device.
If a Cardholder fails to comply with any of the requirements in this section 5, you are taken to have authorised that person to transact on your account using Google Pay.
This means that any Google Pay transaction initiated by that person using the Biometric Identifier, biometric information or passcode w will be authorised by you. This could result in significant loss or liability in relation to such transactions.
If another person’s Biometric Identifier is registered on your Android Device you must ensure that it is removed. If you think any other person knows the passcode for the Android Device, you must ensure that the passcode is changed by you as applicable. If a Cardholder becomes aware that another person is or may be able to access the Android Device using their biometric information, the Cardholder must use a passcode instead of a Biometric Identifier to initiate transactions using their Dosh Cardon Google Pay and must remove their Biometric Identifier from the Android Device.
At any time, a Cardholder can delete or suspend their Dosh Card from Google Pay.
Please contact us immediately if:
any Android Device on which a Dosh Card linked to your card account has been added to Google Pay is lost or stolen;
the mobile service of any Android Device on which a Dosh Card linked to your card account has been added to Google Pay is suddenly disconnected without your permission (which may indicate the occurrence of mobile phone porting); or
you suspect a security breach in relation to any Android Device on which a Dosh Card linked to your card account has been added to Google Pay, or that an unauthorised person has used the passcode, Card PIN or other credentials to access Google Pay.
Based on your report, we will suspend use of your Dosh Card with Google Pay. This helps protect you as much as possible from additional loss or liability. If you have contributed to the loss by unreasonably delaying reporting to us the loss or theft of your Google Device or the unauthorised use of your account details, you may be liable for transactions for which you did not give authority incurred before the report is received by us.
Generally, subject to protections under the Law, you are liable for unauthorised transactions conducted using Google Pay.
5. Fees and Charges
We do not impose any additional fees and charges for registering and using your Dosh Card with Google Pay. However, you will need to pay any third-party fees and charges associated with downloading, registering and using Google Pay on a supported device (including carriage or mobile data charges).
6. Suspension and Termination of the use of Apple Pay
We may block, suspend or terminate your Dosh Card in Google Pay:
if we reasonably suspect fraud;
if your Dosh Cardis cancelled, blocked or suspended;
if you are in breach of these terms;
if required by applicable laws (such as anti-money laundering and counter terrorism financing laws, or sanctions laws);
if directed to so by Google or by the applicable card network (for example, in circumstances of suspected fraud);
if Dosh’s arrangements with Google regarding Google Pay cease or are suspended;
or for any other reason.
More circumstances in which electronic access may be removed in relation to your Dosh Card (including through Google Pay) are set out in the Dosh Terms and Conditions.
7. Data Collection and Privacy
We may collect information relating to your Android Device (including app version, device type and model, operating system and security information such as whether you have obtained root access):
to ensure that your Dosh Card properly functions in Google Pay;
for security purposes and to identify fraud;
for Dosh to better provide assistance to you; and
to tell you about other products or services that may be of interest to you.
We may also exchange information with Google and service providers:
to enable the useof your Dosh Card with Google Pay and to improve Google Pay generally;
and to detect and address suspected security breaches or fraud.
If you do not want us to collect or disclose this information as described, you should not register your Dosh Card for use with Google Pay.
Once your Dosh Card is registered to your Google Device, Google may access your personal information regarding the use of that Card through Google Pay. Please see Google’s privacy policy www.policies.google.com/privacy.
8. Google Pay
Google Pay and Google Pay Devices are provided by Google, not by Dosh nor any of its Related Bodies Corporate.
Our obligation to you in relation to the functionality of Google Pay is limited to securely supplying information to Google in order to allow the use of the Dosh Card through Google Pay. We are not otherwise liable for the use, functionality or availability of Google Pay, any Android Device, the availability of compatible contactless terminals, or a reduced level of service caused by the failure of third-party communication sand network providers.
You will need to agree to Google’s terms and conditions in order to use Google Pay.
9. Our Liability
Dosh and its Related Bodies Corporate will not be liable for any loss arising from your use
of Google Pay to the extent the loss was caused by:
your fraud; or
your use of Google Pay or the Android Device in a manner not permitted by Google (for example, by obtaining root access to your Android Device); or
a reduced level of service caused by matters beyond our reasonable control (for example, those caused by third-party software and network providers).
10. Changes and Modifications
We can change these terms by giving you notice as described below.
If we reasonably consider a change is unfavourable to you, we will give you prior notice of at least 30 days.
We may give you a shorter notice period, which may include notice on the day the change takes effect, if we reasonably consider:
the change has a neutral effect on your obligations;
the change reduces your obligations; or
providing a shorter notice period is necessary for us to:
immediately restore or maintain the security of a system or individual facility;
avoid or reduce a material increase in our credit risk or loss; or
comply with legal or regulatory requirements.
You agree that we may give you notice of the change by any notification method allowed by these terms including by letter or by electronic means as set out in Section 12 below.
Despite this clause, we will always give you notice in accordance with any applicable laws or industry, or any other terms and conditions applicable to your Dosh Card, which require any minimum notice periods or specific methods of notification.
The current terms will always be available for you to view at www.dosh.nz/google-pay
11. Communications
Without limiting any other means of communicating with you under the Dosh Card Terms and Conditions and associated Product Disclosure Statement, we may communicate with you by sending an SMS to your Android Device, an email to the email address you have provided to us or by writing to you at the address you have provided to us. The SMS or notice may include a link to detailed information on our website.
12. Severability and Governing Law
If any provision or part of a provision of these terms is illegal, invalid or unenforceable, it will be severed from these terms and the remaining provisions (or parts of provisions) will continue in full force and effect.
These terms are governed by New Zealand Law.
13. Trademarks
Google and Google Pay are trademarks of Google Inc.
14. Definitions
‘Google’ means Google Pty Limited and/or its related bodies corporate and affiliates.
‘Android Device’ means a device (like a mobile phone or watch) which Dosh determines is eligible for the registration of Dosh Cards to be used in Google Pay.
‘Google Pay’ means the Google Pay service that Google provides.
‘Biometric Identifier’ includes fingerprint, faceprint or similar biometric identifier.
‘passcode’ means anything required to unlock an Google Device, including a password, passcode, pattern or biometric identifier (where applicable).
“Related Bodies Corporate” means a related corporation for the purposes of the Corporations Act or the Companies Act.
“security credentials” means any personal identification number, password, biometric identifier or other measure used to ensure the security of your supported device.
“we”, “us”, “our”, or “Dosh” means the Dosh Company NZBN 9429048713511and its Related Bodies Corporate.
“you” or “your” means the holder of the Dosh Card which is loaded onto the supported device.
Apple Pay
Terms & Conditions
1. Introduction
These Dosh Apple Pay Terms and Conditions together with the Dosh Terms and Conditions govern your use of your Dosh Card (‘Card’) with Apple Pay. It’s important you read this document carefully. Your Card is issued by Flexewallet NZBN 9429046405883 and its Related Bodies Corporate (‘Issuer’). The Issuer can be contacted at 28 Customs Street East, Auckland CBD, Auckland 1010 or contact@dosh.nz. In these terms and conditions any reference to ‘we’ or ‘us’ is a reference to the Issuer; ‘you’ are the Card purchaser/user of the Card.
2. Acceptance of Terms
You agree to these terms by:
adding your Dosh Card for use in Apple Pay on your eligible Apple Device;
or allowing an additional Cardholder to add a Dosh Card linked to your card account to Apple Pay on their Apple Device.
These terms apply in addition to your Dosh Card Terms associated with each Card. It is important that you read these terms and the Product Disclosure Statement together.
3. Adding/Removing your Card on Apple Pay
You can add your Card to Apple Pay on your eligible Apple Device and the additional Cardholder can add the Card to their eligible Apple Device, provided that:
we have verified the relevant Cardholder’s identity;
each Cardholder has agreed to the Card being added to Apple Pay on the relevant Cardholder’s eligible Apple Device;
the balance of your card account is in good standing. Cardholders can remove the Card linked to their account from Apple Pay on the Cardholder’s Apple Device at any time.
Instructions to unlink your card are available on the Apple Pay website and through your Apple Device.
Once your Dosh Card is added to Apple Pay, the Cardholder can use Apple Pay to authorise transactions on an account. This is done by using the relevant Apple Device in place of the Dosh Card at a contactless terminal or in an application on an Apple Device. Some contactless terminals may require the Cardholder to enter the Card PIN.
4. Security and Liability
Any person who can unlock your Apple Device may be able to make transactions using the Dosh Card registered in Apple Pay.
If a Cardholder’s Card linked to your card account is registered for Apple Pay on any eligible Apple Device, you are responsible for ensuring that:
only the Cardholder’s biometric identifier (and no other person’s biometric identifier) is registered; the Apple Pay wallet is not shared with anyone and is used only by the Cardholder;
each Cardholder keeps the passcode for the Cardholder’s Apple Device secure in the same way as a Cardholder would keep a banking password or PIN secure, including by:
not sharing it with anyone, not carrying a record of it within an Apple Device or with anything capable of being stolen along with an Apple Device (unless a reasonable effort is made to protect the security of it);
not choosing an easily guessable passcode such as the Cardholder’s date of birth or a recognisable part of the Cardholder’s name;
and not acting with extreme carelessness in failing to protect the security of the passcode. the Cardholder keeps the Apple Device safe and secure (including by locking it when not in use or when it is unattended and by installing up-to-date anti-virus software on it);
and the Cardholder removes the Dosh Card from the Cardholder’s Apple Device before disposing of the Apple Device.
If a Cardholder fails to comply with any of the requirements in this section 5, you are taken to have authorised that person to transact on your account using Apple Pay.
This means that any Apple Pay transaction initiated by that person using the Biometric Identifier, biometric information or passcode w will be authorised by you. This could result in significant loss or liability in relation to such transactions.
If another person’s Biometric Identifier is registered on your Apple Device or the Apple Device of and Additional Cardholder you must ensure that it is removed. If you or the additional Cardholder think any other person knows the passcode for the Apple Device, you must ensure that the passcode is changed by you or the additional Cardholder, as applicable. If a Cardholder becomes aware that another person is or may be able to access the Apple Device using their biometric information, the Cardholder must use a passcode instead of a Biometric Identifier to initiate transactions using their Dosh Card on Apple Pay and must remove their Biometric Identifier from the Apple Device.
At any time, a Cardholder can delete or suspend their Dosh Card from Apple Pay. You cannot suspend the use of an additional Cardholder’s Card in Apple Pay, but you can suspend or close the Card of an additional Cardholder by calling the designated number you can find at the back of your card (24 hours a day) or reach out to us by using the ‘Contact Us’ section in the mobile application or web browser.
Please contact us immediately if:
any Apple Device on which a Dosh Card linked to your card account has been added to Apple Pay is lost or stolen;
the mobile service of any Apple Device on which a Dosh Card linked to your card account has been added to Apple Pay is suddenly disconnected without your permission (which may indicate the occurrence of mobile phone porting);
or you or an additional Cardholder suspect a security breach in relation to any Apple Device on which a Dosh Card linked to your card account has been added to Apple Pay, or that an unauthorised person has used the passcode, Card PIN or other credentials to access Apple Pay.
Based on your report, we will suspend use of your Dosh Card with Apple Pay. This helps protect you as much as possible from additional loss or liability. If you have contributed to the loss by unreasonably delaying reporting to us the loss or theft of your Apple Device or the unauthorised use of your account details, you may be liable for transactions for which you did not give authority incurred before the report is received by us.
Generally, subject to protections under the Law, you are liable for unauthorised transactions conducted using Apple Pay.
5. Fees and Charges
We do not impose any additional fees and charges for registering and using your Dosh Card with Apple Pay. However, you will need to pay any third-party fees and charges associated with downloading, registering and using Apple Pay on a supported device (including carriage or mobile data charges).
6. Suspension and Termination of the use of Apple Pay
We may block, suspend or terminate your Dosh Card in Apple Pay:
if we reasonably suspect fraud;
if your Dosh Card is cancelled, blocked or suspended;
if you are in breach of these terms or Dosh Terms and Conditions;
if required by applicable laws (such as anti-money laundering and counter terrorism financing laws, or sanctions laws);
if directed to so by Apple or by the applicable card network (for example, in circumstances of suspected fraud);
if Dosh’s arrangements with Apple regarding Apple Pay cease or are suspended; or for any other reason.
More circumstances in which electronic access may be removed in relation to your Dosh Card (including through Apple Pay) are set out in the Dosh Terms and Conditions.
7. Data Collection and Privacy
We may collect information relating to your Apple Device (including app version, device type and model, operating system and security information such as whether you have obtained root access):
to ensure that your Dosh Card properly functions in Apple Pay;
for security purposes and to identify fraud;
for Dosh to better provide assistance to you; and
to tell you about other products or services that may be of interest to you.
We may also exchange information with Apple and service providers:
to enable the use of your Dosh Card with Apple Pay and to improve Apple Pay generally; and
to detect and address suspected security breaches or fraud.
If you do not want us to collect or disclose this information as described, you should not register your Dosh Card for use with Apple Pay.
Once your Dosh Card is registered to your Apple Device, Apple may access your personal information regarding the use of that Card through Apple Pay. Please see Apple’s privacy policy at www.apple.com/nz/privacy.
8. Apple Pay
Apple Pay and Apple Pay Devices are provided by Apple, not by Dosh nor any of its Related Bodies Corporate.
Our obligation to you in relation to the functionality of Apple Pay is limited to securely supplying information to Apple in order to allow the use of the Dosh Card through Apple Pay.
We are not otherwise liable for the use, functionality or availability of Apple Pay, any Apple Device, the availability of compatible contactless terminals, or a reduced level of service caused by the failure of third-party communications and network providers.
You will need to agree to Apple’s terms and conditions in order to use Apple Pay.
9. Our Liability
Dosh and its Related Bodies Corporate will not be liable for any loss arising from your use of Apple Pay to the extent the loss was caused by:
your fraud; or
your use of Apple Pay or the Apple Device in a manner not permitted by Apple (for example, by obtaining root access to your Apple Device); or
a reduced level of service caused by matters beyond our reasonable control (for example, those caused by third-party software and network providers).
10. Changes and Modifications
We can change these terms by giving you notice as described below.
If we reasonably consider a change is unfavourable to you, we will give you prior notice of at least 30 days.
We may give you a shorter notice period, which may include notice on the day the change takes effect, if we reasonably consider:
the change has a neutral effect on your obligations;
the change reduces your obligations;
or providing a shorter notice period is necessary for us to: immediately restore or maintain the security of a system or individual facility;
avoid or reduce a material increase in our credit risk or loss; or comply with legal or regulatory requirements.
You agree that we may give you notice of the change by any notification method allowed by these terms including by letter or by electronic means as set out in Section 11 below.
Despite this clause, we will always give you notice in accordance with any applicable laws or industry, or any other terms and conditions applicable to your Dosh Card, which require any minimum notice periods or specific methods of notification.
The current terms will always be available for you to view at www.dosh.nz/terms-conditions
11. Communications
Without limiting any other means of communicating with you under the Dosh Card Terms and Conditions, we may communicate with you by sending an SMS to your Apple Device, an email to the email address you have provided to us or by writing to you at the address you have provided to us. The SMS or notice may include a link to detailed information on our website.
12. Severability and Governing Law
If any provision or part of a provision of these terms is illegal, invalid or unenforceable, it will be severed from these terms and the remaining provisions (or parts of provisions) will continue in full force and effect.
These terms are governed by New Zealand Law.
13. Trademarks
Apple and Apple Pay are trademarks of Apple Inc.
14. Definitions
‘additional Cardholder’ means a person nominated by you and to whom we have issued a Card to operate the card account.
‘Apple’ means Apple Pty Limited and/or its related bodies corporate and affiliates.
‘Apple Device’ means a device such as an iPad, iPhone or Apple Watch, manufactured by Apple, which Dosh determines is eligible for the registration of Dosh Cards to be used in Apple Pay.
‘Apple Pay’ means the mobile payment and digital wallet service created by Apple that lets users transact using certain Apple Devices and credit, debit cards or prepaid cards registered on such Apple Devices.
‘Biometric Identifier’ includes fingerprint, faceprint or similar biometric identifier.
‘passcode’ means anything required to unlock an Apple Device, including a password, passcode, pattern or biometric identifier (where applicable).
“Related Bodies Corporate” means a related corporation for the purposes of the Corporations Act or the Companies Act.
“security credentials” means any personal identification number, password, biometric identifier or other measure used to ensure the security of your supported device.
“we”, “us”, “our”, or “Dosh” means the Dosh Company NZBN 9429048713511 and its Related Bodies Corporate.
“you” or “your” means the holder of the Dosh Card which is loaded onto the supported device.