Terms of Use

 

1. Digicash

1.1          Digicash (weour and us) issue electronic funds (digi.cash).  digi.cash is denominated in national currencies, for example, Australian dollars.

1.2          You can use our payment application (App) to store digi.cash on your device.  digi.cash does not expire. You can use your digi.cash to make and receive payments for goods or services, or you can send or receive digi.cash to or from other App users. We are not responsible for any goods or services supplied by third parties who accept digi.cash via the App. We do not conduct any due diligence on the users of the App.

1.3          You can convert your digi.cash into cash or a bank transfer in your currency by sending your digi.cash to us and instructing us to make that conversion.

1.4          We hold capital reserves equal to the total value of digi.cash on issue at any time.  This means that we can convert digi.cash into other forms of currency whenever you instruct us to.

2. Acceptance

2.1          These Terms of Use (TOU) are a contract between you and us and governs the use of digi.cash and the App. Your use of the App constitutes acceptance of these TOU. If you allow another person to use your App or digi.cash cash balance, you must inform that person that they will be bound by these TOU and you are responsible for ensuring they do so.

2.2          You must be at least 18.  You may authorise someone who is under 18 to use the App.  If you do so, you are responsible for ensuring that they comply with these TOU and you are liable if they fail to comply.

2.3          Additional terms may apply depending on how you acquired our App.  You should check with your App supplier.

2.4          We may change these TOU without your explicit consent from time to time. You accept any changes by continuing to use our App.   Check http://digi.cash/terms-use for the latest TOU.

3. Licence

3.1          We grant you a personal, non-exclusive, non-transferrable, revocable licence (Licence) to use our App.  We reserve the right to suspend, terminate or otherwise deal with your Licence in relation to our App at any time for any of the following reasons:

(a)to comply with any change or anticipated changes in any relevant law, code of practice or guidance;

(b)to reflect any decision of a court , ombudsman or regulator;

(c)to reflect a change in our systems or procedures, including for security reasons;

(d)as a result of changed circumstances (including by adding benefits or new features);

(e)to make the terms of these TOU clearer.

3.2          This Licence is effective until terminated by you or by us.  Upon termination you must (a) instruct us to convert your remaining digi.cash as per clause 1.3, then (b) cease all use of our App and destroy all copies of it. Your rights under this Licence will terminate automatically without notice from us if you fail to comply with these TOU. 

3.3          If upon termination you fail to convert your digi.cash within a period of three months, conversion may no longer be offered through an automated process. If you fail to convert for longer periods, remaining digi.cash held may be subject to the applicable unclaimed monies laws (if any).

4. Access to our App

4.1          If your device is lost or stolen, it may be possible for others to gain unauthorised access to your digi.cash.  In this case, you can contact us to recover your digi.cash and to stop any unauthorised use of your digi.cash (a Recovery).  Unless and until you initiate a Recovery, we are not responsible for any unauthorised use of your digi.cash,.  A fee may apply for our Recovery service.

4.2          You are responsible for maintaining the confidentiality and security of your password, and for restricting access to your device and your password.  We are not responsible for any unauthorised or fraudulent transactions made using our App on your device (except where you have initiated a Recovery), . We may assume the authenticity of any instructions given to us through our App under your password and you authorise us to act upon any instructions we reasonably believe to be authentic.

4.3          We are not responsible for payments to other users of the App and will not refund any amounts for payments made in error or following a change of mind. You should make payments carefully and double check any amounts and user details. If you make a mistaken payment you will need to contact the recipient of that payment directly to refund it. We only make the App available to make payments. Payments made in digi.cash are final and not reversible. To support dispute resolution, we provide the facility to create receipts (proof of payment) for any payment made in digi.cash, through the App.

4.4          In addition to any other remedies available to us, whether at law or otherwise, we may in our sole discretion, terminate or restrict anyone’s access to any or all of our App at any time for any reason (subject to allowing each user to convert any remaining digi.cash as per clause 1.4).  We may also refuse to permit you to use a particular password for any reason.

5. digi.cash wallet

5.1          You must comply with the requirements we set form time to time to use our App.  For example, you are required to open and maintain a digi.cash wallet to store your digi.cash.

6. Fees

6.1          We do not charge fees for using the App or for sending or receiving digi.cash or making payments using digi.cash.  Fees may apply for our Recovery service and for converting your currency into digi.cash, or digi.cash into your currency.

7. Privacy

7.1      We will manage personal information you submit to us through our App in accordance with our privacy policy, which is set out at: http://digi.cash/privacy.

8. Prohibited uses

8.1          You must not use our App, to do anything that is illegal or which infringes the rights of any other person.

8.2          App transactions are optionally private for the payer, but they are not anonymous.  Transaction analytics allow us to monitor against illegal behaviour and report to financial transactions and other government agencies as required by financial services and any anti-money laundering and counter-terrorism financing legislation.

8.3          You must use digi.cash and the App for lawful purposes only. We may suspend your use of the App, or terminate your license, if we detect that you are using it for unlawful purposes. Conversion of digi.cash may be subject to legal clearances in this event.

9. Exclusion of liability

9.1          Subject to this clause 8, we are not liable to you or to any other person for any direct, indirect, incidental, special or consequential loss arising out of or in connection with the use of the App, digi.cash or these TOU.

9.2          Any representation, warranty, condition, guarantee, indemnity or undertaking that would be implied in, or affect, the App, digi.cash or these TOU by legislation, common law, tort, equity, or by course of performance, dealing, trade, custom or usage is excluded to the maximum extent permitted by law.

9.3          Nothing in these TOU excludes, restricts or modifies any consumer guarantee, right or remedy conferred on  you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by these TOU.

9.4          To the fullest extent permitted by law, our liability for a breach of a non excludable guarantee referred to in clause 8.3 is limited, at  our option, to:

(a)in the case of goods, any one or more of the following:

(i)the replacement of the goods or the supply of equivalent goods;

(ii)the repair of the goods;

(iii)the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)the payment of the cost of having the goods repaired; or

(b)in the case of services:

(i)the supplying of the services again; or

(ii)the payment of the cost of having the services supplied again.

9.5          Despite any other provision of these TOU, this clause 8 survives the expiry or termination of these TOU.

Tax Notice: Choice of payment method does not change tax obligations. Payments for taxable goods and services are subject to the same tax obligations as for any other means of payment.

10. Complaints Handling

10.1        Users can find Digicash Pty Ltd's internal complaints handling process here: https://help.digi.cash.  The Digicash Support Centre will do their best to resolve any issue as quickly and fairly as possible.

If after 45 days, the user is dissatisfied with the outcome of Digicash Pty Ltd's internal procedure, a user has the right to complain to the Credit and Investments Ombudsman, who may be contacted on 1800 138 422 or at www.cio.org.au. This is an approved external dispute resolution scheme of which Digicash Pty Ltd is a member. The user may also make a complaint via the ASIC free call Infoline on 1300 300 630 or at http://asic.gov.au/