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: Apply for a loan and have the balance and repayments managed through Dosh.
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 your money 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) Your money may be held in a pooled account along with the money of other Dosh customers.
- (d) No interest will be payable to you in relation to your money in your Everyday account or Stash accounts. All interest earned by Dosh on balances held in these accounts will remain our property.
- (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 a rate of interest from a bank, and pays you a portion of this interest as the rate you earn. The commission retained by Dosh is the difference between the rate of interest you earn and the rate of interest we receive from the bank. 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 Avanti Finance Limited NZBN 9429038556692 (“Avanti”) and promoted by Dosh. All loans are transactions between Avanti 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 Avanti.
- (c) You agree that all information provided to Dosh and Avanti as part of the loan process is true and correct to your knowledge. You agree to Dosh collecting and sharing information with Avanti.
- (d) You must have an active Dosh account to receive loan proceeds from Avanti, and must not close the account until the loan is discharged in full.
- (e) Your loan account balance and loan information in the Dosh app is indicative of the loan you hold with Avanti. Dosh undertakes best endeavors to maintain an accurate balance and loan information, and is not liable for any inaccuracies whatsoever.
- (f) You authorise Dosh to debit your Everyday account for loan repayments. Loan repayments are applied to the Avanti loan balance outstanding.
- (g) Transfers you make to your loan account will be applied to your next rescheduled payment due. Transfers do not impact your interest charge, and may reduce your loan term.
- (h) A Broker fee of $100 is applied by Dosh to all new loans at the time of loan disbursement. Other fees and charges may be applied by the loan issuer Avanti. You will be notified of loan fees as part of the loan contract with Avanti. Dosh may also earn a commission from Avanti for promoting Avanti loans.
- (i) We recommend that you seek financial advice (which could include, for example, budgeting advice) before taking out a loan.
- (j) If your loan application is declined by Avanti, 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 third party. Their Terms and Conditions would supersede the Dosh Terms and Conditions including rates and fees.
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 account holder including any merchant, 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 trade marks 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 may be 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.
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.