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.
Dosh is a payments app that removes banks from the equation. Dosh lets you do things like: make payments
with friends, transfer money for purchases of goods and services and buy things through a merchant’s
mobile website, app or simply in store using a Dosh branded card, powered by Visa.
You agree to comply with all of the 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,
including:

  • Privacy Policy

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 seller;
  • (d) determine if you are liable for any taxes; or
  • (e) collect or pay any taxes that may arise from your use of our services.

2. Opening a Dosh Account

2.1 General
You may only have one personal account. To create a personal account, you must be a New Zealand citizen
or resident, be at least 13 years old and have a New Zealand mobile phone account. We will conduct
customer due diligence on you in accordance with New Zealand laws using Verify Cloud Check.

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 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.
  • (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).

2.3 Holding Money in Your Dosh Account

  • (a) Dosh holds your money on bare trust, on your behalf until you instruct us to either:
    (i) transfer money to a seller or other third party using Dosh; or
    (ii) transfer money from your account into your nominated bank account (subject to certain
    terms set out below).
  • (b) Your money may be held in a pooled account along with the money of other Dosh customers.
  • (c) No interest will be payable to you in relation to your money. All interest earned will remain our
    property.
  • (d) 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.
  • (e) If you have not used Dosh for a period of 12 months and you still have money in your account, we
    will notify you via your registered email address, phone number and/or other contact details. If you do
    not use Dosh within 6 months of Dosh giving such notice, we may close your account and repay your
    funds. Any funds we are unable to repay will be dealt with in accordance with applicable law.
  • (f) For clarity, no money is held on your Dosh card as the Dosh card only draws funds from your Dosh
    account

2.4 Your Dosh Card

  • (a) Your Dosh Card draws funds from your Dosh account and can be used like a debit card to pay
    for things in store and online.
  • (b) You can order your Dosh Card through the Dosh app. Each Dosh account may only have one
    active Dosh Card. Your first Dosh Card is complimentary.
  • (c) Upon confirmation of your in-app order, your personalised Dosh Card will be sent to you via
    post. Follow the instructions in the app to activate your Dosh Card.
  • (d) To protect yourself against card fraud you must safeguard your Dosh 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 Card details when shopping online;
    (iv) consider using a different PIN for different cards;
    (v) take care of your Dosh Card. Do not leave your Dosh 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 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 Card is lost or stolen, if your
    Dosh Card is in the possession of another person, or your Dosh Card, or PIN, is misused (or
    you think it may be).
  • (f) At your request, we will send you a replacement Dosh Card. A $10 replacement fee may apply.

2.5 Closing your Dosh Account:

  • (a) You may close your account and terminate your relationship with us at any time. You must transfer
    any money from your Dosh account 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.
  • (d) You can ‘lock’ or ‘limit’ transactions or apply a temporary lock on your Dosh 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 Card settings in the Dosh app. If you choose to apply a temporary lock and
    lock all transactions made by your Dosh Card, you should be aware that a temporary lock does not
    report your Dosh Card to us as being lost or stolen.
  • (e) You should cut your Dosh Card up and dispose of it carefully so that it cannot be used by anyone
    else.

2.6 Dosh balances
Dosh does not permit negative Dosh balances.

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.

1.2 Using your Dosh Card

  • (a) You may use your Dosh 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 Card is subject to the available funds in your
    Dosh account. The Dosh Card cannot be used to overdraw your Dosh 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 Card, or withdraw funds.

3.2 Fees

  • (a) Fees and limits may change from time to time in our sole discretion.
    Transactions made in a foreign currency will have a 2% currency margin added to the conversion rate.

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 13 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 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. Restricted activities

6.1 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;
  • (a) 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;
  • (b) 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 Card; or
  • (c) harass and/or threaten our employees, agents, or other users.
  • (d) 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.

6.2 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.

7. Communications between you and us

To contact Dosh, please direct all communication to contact@dosh.nz.

8. Our Rights

8.1 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, Dosh 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. Nothing in this clause shall prevent you from transferring your funds into your
nominated bank account.

8.2 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.

8.3 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.

9. 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 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.

9.1 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 9.2(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 card dispute process to be completed
    by the Dosh account holder.

9.2 No Warranty

  • (d) 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.
  • (e) 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.
  • (f) We do not guarantee continuous, uninterrupted or secure access to any part of the Dosh services,
    and operation of our websites, 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.

9.3 Your Release of Dosh

  • (g) 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.
  • (h) 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.
  • (f) We do not guarantee continuous, uninterrupted or secure access to any part of the Dosh services,
    and operation of our websites, 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. IP

10.1 Our Trade Marks
(i) "Dosh” and all logos related to the Dosh services are either trade marks or registered trade marks of
Dosh or Dosh’s licensors.
(j) 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.

11. Customer support

Dosh provides customer support during standard New Zealand business hours. Support can be reached at
contact@dosh.nz.

12. Taxes and Information Reporting

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.

13. 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
tenure, transaction activity, and past disputes.

14. Account Limitations

Limitations may be placed on your account or Dosh 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 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.

15. 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. FSCL can investigate the
    below types of complaints about their members:
  • (b) any breach of contract with an end user;
  • (a) not following industry codes of practice (which may include not dealing fairly or responsibly with
    a consumer);
  • (b) conduct that is not fair or reasonable in the circumstances; and
  • (c) any breach of the law.

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.

16. 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.

17. 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.

18. General terms

(a) These user terms are intended to be for the benefit of, and enforceable by, 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.