Spot Terms And Conditions
This Agreement is effective: 20th July 2023
Table of contents:
- 1. Agreement
- 2. Our Services
- 3. Account Opening
- 4. Customer Representations and Warranties
- 5. Use of Personal Information
- 6. Fees and Costs
- 7. Circumstances beyond 1derful's control
- 8. Termination
- 9. Liability and Indemnity
- 10. Amending this Agreement
- 11. Notices
- 12. General
- 13. Set Off Against Monies Owed
- 14. Providing Instructions
- 15. 1derful's Authority
- 16. Method and Timing of Payments
- 17. Payment Reversals and Removal of Funds
- 18. Chargebacks
- 19. Delay
- 20. Customer Support
- 21. Credit provision
- 22. Disputing transactions
- 23. Interest
- 24. Repayment of Credit
- 25. International transactions
- 26. Termination
- 27. Introduction
- 28. The Card
- 29. Using the Card
- 30. Limitations on Use of Card
- 31. Foreign Transactions
- 32. Security
- 33. Loss, Theft and Misuse of Cards
- 34. Card Expiry
- 35. Replacement Cards
- 36. Card Revocation and Cancellation
- 37. Liabilities and Disclaimers
- 38. Definitions and Interpretation
- 39. SCHEDULE 1 - DETAILS
The Douugh credit product is provided by 1derful Pty Ltd. The Douugh Spend Jar and the Douugh Card product is issued and distributed by 1derful Pty Ltd.
PART A - OVERVIEW
1.1 This Agreement sets out the terms and conditions in respect of the services that 1derful provides to you through the Douugh Application. It consists of the following parts:
Part B: General Terms
Part C: Credit Terms
Part D: Card Terms
1.2 This Agreement includes:
(a) any other terms and conditions that may apply to the services that we provide to you, as notified by us from time to time; and
(b) the Account Opening Form.
1.3 This Agreement is between you and 1derful Pty Ltd and the services contemplated in this Agreement are provided to you by 1derful Pty Ltd. Douugh Australia Pty Ltd may also provide you with services outside this Agreement. Refer to https://douugh.com/terms-and-conditions for more information.
1.4 The services contemplated by this Agreement are provided to you by 1derful Pty Ltd. Additional services may also be provided to you by other parties in the Douugh Application.
2. Our Services
2.1 1derful provides a range of services as explained in this Agreement.
2.2 1derful does not provide any financial product advice or credit advice or assistance and you should always consider your personal objectives, circumstances or needs.
2.3 You should not use 1derful’s services if you do not fully understand the risks associated with them.
2.4 1derful's services are subject to change at any time without notice and may contain errors.
3. Account Opening
3.1 To open an Account, you must download the Douugh Application and complete the steps outlined in the Douugh Application to open an Account with 1derful.
3.2 You must provide 1derful with accurate, complete, and current information as requested to open your Account and notify 1derful of any changes to the information provided.
3.3 1derful reserves the right to refuse to provide you with an Account and is not required to provide you any reasons for its decision. At a minimum, in order to open an Account, you must:
(a) be an individual;
(b) be at least 18 years of age and a holder of an Australian drivers’ licence, passport or other Australian Government issued identity documentation as accepted by 1derful and from which your identity can be verified;
(c) have a verifiable email address and Australian mobile number;
(d) be matched to 1derful's satisfaction against a credit bureau; and
(e) have added a valid payment source to your Account.
3.4 1derful may hold or suspend access to your Account at any time if 1derful reasonably believes that fraud is involved, that there is a risk associated with your 1derful Account, or that you have breached this Agreement or any applicable Laws.
3.5 You will not be able to terminate your Account if there is a Credit balance outstanding on your Account. You may however suspend your Account (such that no additional Credit can be obtained) and pay down any outstanding Credit balance on your Account. While your account is suspended, you will not pay any further ongoing fees.
PART B - General Terms
This part applies to all customers.
4. Customer Representations and Warranties
4.1 You warrant that you are of full age and capacity.
4.2 You represent and warrant to 1derful that:
(a) your execution and delivery of this Agreement, use of our services and performance of all of your obligations contemplated under this Agreement, does not violate any law applicable to you;
(b) all information provided by you to 1derful is true, correct, and complete, and you will notify 1derful promptly of any changes to such information;
(c) all information provided by you to 1derful is true in all material respects as at the date of this Agreement or, if later, when the information is provided. Neither that information nor your conduct or the conduct of anyone acting on your behalf in relation to the Transactions contemplated by this Agreement, was or is misleading, by omission or otherwise;
(d) you shall make ongoing disclosure to 1derful of any matters that may affect the operation of this Agreement;
(e) the funds received, transferred, used and held by you are funds that you are entitled to use, transfer and hold, and are not derived from illegal sources;
(f) you are not subject to an Insolvency Event;
4.3 You acknowledge that 1derful:
(a) will provide the services contemplated by this Agreement to you in reliance on the representations and warranties made by you; and
(b) has no control over, and is not responsible for, the quality, safety, legality or delivery of any goods or services that you purchase from third parties or pay for from your Account.
5. Use of Personal Information
5.1 Personal Information collected by 1derful is treated as confidential and is protected by the Privacy Act (Cth) 1988, as varied from time to time. 1derful will only collect Personal Information which is necessary to perform the services contemplated by this Agreement.
5.2 1derful will use reasonable precautions to maintain the confidentiality of information it receives from you and material and/or data you provide, create, input or develop in connection with your use of the 1derful services. Nonetheless, because such information, material and/or data may be provided through the internet, you hereby acknowledge and agree that 1derful cannot assure that such information, material and/or data will continue to be confidential.
5.3 You accept the risk of a third party receiving confidential information concerning you and specifically release and indemnify 1derful from any claim arising out of a third-party intercepting, accessing, monitoring or receiving any communication:
(a) you intended to be provided to 1derful; or
(b) 1derful intended to be provided to you.
5.4 You acknowledge and agree that 1derful may disclose your name and other Personal Information and financial information about you, and any relevant details of an Authorised User, to 1derful’s employees, representatives, officers, agents, and affiliates, as well as to a governmental entity or self-regulatory authority, an internet service provider or any other third party agent or service provider for any purpose related to offering, providing, administering or maintaining the 1derful services, or to comply with applicable Laws.
5.5 Using the Website does not transfer intellectual property rights to you.
5.6 In appropriate cases all communications and information concerning you held by 1derful, may be disclosed to, and reviewed by, law enforcement agencies and regulatory authorities. In addition, you agree to comply with all applicable money laundering and counter terrorism financing Laws, including, but not limited to, the requirement to obtain or provide satisfactory evidence of the identity of any person whom you may represent in any Transaction entered into with 1derful.
5.7 You agree and consent to 1derful (or its agents) making a verification request to a credit reporting body, document issuer or official record holder to assist in verifying your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (and related rules and regulations). You also agree and consent to the disclosure of your Personal Information for this purpose including your name, residential address, and your date of birth.
5.8 You agree and consent to 1derful providing your full name, address, and any other details as a reasonably requested by a government department, agency or similar, beneficiary’s bank or financial institution or as required to comply with applicable Laws.
6. Fees and Costs
6.1 We may charge you a fee for providing you with our services under this Agreement. Our fees are published in the Douugh Application and on the Douugh website and are updated from time to time. We will provide 7 days’ Notice of any variation to our fees.
6.2 1derful may impose other fees and charges for using its services, by providing Notice to you. If you do not consent to the charges, you can terminate the Agreement and the charges will not apply to any prior Transactions. If you terminate the Agreement under this clause, all existing Transactions will survive the termination of this Agreement.
6.3 1derful may deduct any fees owing to it from your Account.
6.4 In the event of a positive balance in your Account, you acknowledge that 1derful may earn and retain interest on that balance and is not required to account to you for such interest.
6.5 1derful may receive referral fees and/or commissions from product providers and other third parties in connection with its products and services.
7. Circumstances beyond 1derful's control
7.1 If 1derful is unable to perform its obligations under this Agreement because of factors beyond its control or because of a Force Majeure Event, 1derful will notify you as soon as is reasonably practicable.
7.2 In the absence of any fraud, wilful default or negligence on the part of 1derful, 1derful will not be liable for any damages, claims, losses, liabilities or costs resulting from an event or factor beyond its control or a Force Majeure Event.
8.1 This Agreement may be terminated immediately by you or 1derful by giving Notice to the other in writing. However, termination by either party shall not relieve either party of any outstanding obligations arising out of this Agreement.
8.2 In the event that 1derful is made aware of, or has reason to believe, any of the following:
(a) that you have provided false or misleading information to 1derful; or
(b) that you have participated or are participating or have assisted or are assisting in money laundering or terrorist financing; or
(c) that you are being officially investigated by law enforcement and/or regulatory agencies;
then 1derful, at its sole discretion, may terminate this Agreement immediately by Notice to you, and 1derful at its sole discretion shall be relieved of any obligations set out in this Agreement.
9. Liability and Indemnity
9.1 You shall indemnify and hold 1derful harmless from any and all liabilities, claims, costs, expenses and damages of any nature, including, but not limited to, reasonable legal fees and any fees and expenses incurred in connection with litigation, arising out of or relating to your negligence, mistake or wilful misconduct, the violation of any law by you, or the breach by you of any provision of this Agreement.
9.2 You also agree to promptly pay 1derful for all damages, costs, and expenses, including reasonable legal fees and expenses, incurred by 1derful in the enforcement of any of the provisions of this Agreement. Your obligations under this Clause 9 shall survive the termination of this Agreement.
9.3 1derful is not responsible for any delays, charges or loss incurred due to errors in the payment or beneficiary information that you provide to us. You agree to indemnify 1derful and be liable for any losses or charges incurred by 1derful arising from such errors that you make.
9.4 Nothing in this Agreement is intended to limit or exclude any liability 1derful may owe you under any statutory rights you may have. However, to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to this Agreement whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or otherwise, based on a fundamental breach or breach of a fundamental term or on any other basis, is limited to any fees paid by you to 1derful under this Agreement.
10. Amending this Agreement
10.1 The terms of this Agreement may be amended by 1derful at any time. 1derful will provide Notice to you of any such amendment. You agree to be bound by the terms of such an amendment on the earlier of:
(a) 10 Days after 1derful has posted Notice of the amendment on the Website or Douugh Application;
(b) upon providing Notice to you by email; or
(c) on the date you enter any Transaction after the amendment.
10.2 If you do not consent to the amendment, you can terminate the Agreement and the amendment will not apply retrospectively. Termination in this case does not affect any obligations owed by you, or rights of 1derful with regard to Transactions undertaken prior to the termination.
10.3 Any other amendments must be agreed to in writing between you and 1derful.
11.1 Any notice required or permitted to be given under this Agreement or for the purposes of this Agreement (“Notice”) shall be in writing and shall:
(a) If to you, be sent by prepaid registered mail or delivered by hand to your address as set out in this Agreement, or such other address that you designate in writing, or by 1derful emailing your nominated email address; and
(b) if posted on the Website or Douugh Application, Notice is deemed to have been given 3 Days after the Notice was posted on the Website or the Douugh Application; or
(c) if the Notice was sent to your address, the Notice is deemed to have been given on the Day after the Notice was sent, unless delivered by hand in which case the Notice is deemed to have been given on delivery.
(d) If to 1derful, be sent by prepaid registered mail or delivered by hand to the address of 1derful set out in this Agreement, or such other address as 1derful designates in writing, and such Notice is deemed to have been given 3 Days after the Notice was posted, unless delivered by hand in which case the Notice is deemed to have been given on delivery.
11.2 Any Notice given or made under this Agreement may also be sent by email if:
(a) the Notice is sent to the email address last notified by the intended recipient to the sender; and
(b) the sender keeps an electronic or printed copy of the Notice sent.
11.3 A Notice sent by email will be deemed to have been given on the first to occur of:
(a) receipt by the sender of an email acknowledgement from the recipient’s information system showing that the Notice has been delivered to the email address stated above;
(b) the time that the Notice enters an information system which is under the control of the recipient; or
(c) the time that the Notice is first opened or read by an employee or officer of the recipient.
11.4 It is your responsibility to notify 1derful of any changes to your contact details.
12.1 This Agreement shall be governed by, and construed in accordance with, the laws of New South Wales, Australia. The parties agree to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
12.2 At no time shall either party enter into commitments for, or in the name of, the other party or use their Intellectual Property for any purpose whatsoever. Except as specifically provided for in this Agreement, neither party will:
(a) use the other party’s name or Intellectual Property without the prior written approval of the other party; or
(b) represent itself as being affiliated with, or authorised to act for, the other party.
(c) Any rights or obligations that you may have pursuant to this Agreement shall not be assigned, transferred, sold, or otherwise conveyed, except with the prior written consent of 1derful. 1derful may, however, transfer any rights or obligations it may have pursuant to this Agreement to another party without your consent. Such an assignment shall only take place if a reasonable person would not expect it to cause detriment to a typical customer of 1derful. You will execute any documents (including a deed of novation) reasonably required by 1derful to effect such a transfer.
12.3 You are responsible for the payment of all taxes that may arise in relation to your Account. You are responsible for obtaining your own tax advice in relation to this Agreement, your Account, and any transactions you undertake in relation to your Account.
12.4 If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, such clause will be severed from the Agreement and the other provisions of this Agreement will remain in full force and effect.
12.5 No failure or delay by us to exercise any right or remedy provided under this Agreement or by Law shall constitute a waiver of that or any other fight or remedy. Nor shall it prevent or restrict the further exercise of that or any other right or remedy.
13. Set Off Against Monies Owed
13.1 In addition to other remedies available to 1derful, if you fail to pay any amount when due under this Agreement, 1derful may, to the extent permitted by Law, set-off such amount against any amount payable by 1derful to you or any amount in your Account.
13.2 To the extent permitted by Law, 1derful is entitled to set-off against any amounts due to it by you, any amounts received by 1derful from or on your behalf including but not limited to moneys received or held on your behalf. 1derful may determine the application of any amounts which are to be set-off at its own discretion.
13.3 You must not set-off against any amounts you owe to 1derful, any amounts 1derful owes to you.
14. Providing Instructions
14.1 When you contact 1derful electronically, by telephone or otherwise, 1derful may, but is not obliged to, ask for or clarify the following information where applicable:
(a) your Account number or User ID;
(b) your further identification details;
(c) the beneficiary details (i.e., name, account details); and
(d) any identification reference you would like to be sent with the payment instruction.
14.2 Collectively, though not exhaustively, the information referred to in clause 14.1 or any portion thereof, constitutes the “Instructions”.
14.3 1derful is not obliged to act on any Instruction unless it has been validly submitted. 1derful may also request that you provide it with further information or documentation in respect of any Instruction.
14.4 Prior to submitting any Instruction, you must ensure it is accurate and complete (including, in respect of BPay payments, that the Biller ID and Customer Reference Number are correct). You shall indemnify 1derful for any error made by you or an Authorised User in providing Instructions to 1derful.
15.1 In submitting an Instruction, you appoint 1derful as your agent to do all things necessary to give effect to your Instruction.
15.2 You authorise 1derful to conduct Transactions in relation to your Account as far as is necessary to give effect to your Instructions.
16. Method and Timing of Payments
16.1 You must not deposit physical cash into 1derful’s accounts under any circumstances.
16.2 You must have sufficient Credit Limit available to you before 1derful will execute your Instructions and effect Transactions for you.
16.3 1derful is not responsible for any fees or charges imposed by third party banks, intermediaries, or other counterparties, which are incurred by you in connection with the use of 1derful’s services.
17. Payment Reversals and Removal of Funds
17.1 1derful may, without notice, reverse a Transaction in certain circumstances, including where incorrect information has been supplied, where it reasonably suspects that the Transaction involves fraud or where it reasonably believes that there is a risk associated with the Transaction or your Account.
17.2 If a Transaction is reversed, 1derful may at its absolute discretion convert funds which are subject to the reversal into in a Supported Currency if they are denominated in another currency. Any costs or charges incurred in administering any currency conversion or reversal will be added to any Credit provided to you by 1derful.
17.3 You agree to indemnify 1derful in relation to any payment reversal or removal of funds.
18.1 You must not chargeback, recall or cancel any Transaction you make to transfer funds to your Account.
18.2 If you seek to chargeback, recall, or cancel any Transaction you make to transfer funds to us, you will be liable to 1derful for any fees that 1derful incurs as a result. 1derful may recover such fees from you.
19.1 1derful will use all reasonable efforts to process your Transaction(s) on a timely basis. However, 1derful shall not, in the absence of wilful misconduct, be liable for the loss of any funds or delays, damages, failures or errors in the completion of the Transaction(s) or any late fees incurred by you as a result of a delay in the completion of a Transaction.
20. Customer Support
20.1 You can contact our customer support services in relation to any issues with your Account or the services contemplated by this Agreement by contacting Douugh.
You can also contact 1derful via email at email@example.com to discuss any financial hardship issues or any complaints that you may have.
PART C - CREDIT TERMS
This part applies to customers who wish to obtain credit from 1derful.
21. Credit provision
21.1 1derful will provide the Customer with access to Credit via the Spot Jar. Amount lent to you by 1derful under this agreement will be credited to nominated external bank account in your name be spent by you in accordance with the Douugh Application terms.
21.2 The Credit Limit provided to the Customer will be determined by 1derful and may be amended by 1derful in its sole discretion from time to time.
21.3 1derful will charge your Account for the amount of each Transaction initiated by you through the Douugh Application, as well as the amount of any fees and charges payable under this Agreement. The Customer must pay the amounts charged to its Account at the times, and in the amounts, described in this Agreement.
21.4 The Credit Limit is a cap on the outstanding balance on the Customer's account. 1derful may refuse to allow a customer to make a Transaction where that Transaction would cause the Customer's account to exceed the Credit Limit. However, 1derful may allow the Customer's account to temporarily exceed the Credit Limit (including because of fees payable under this Agreement), in its discretion. Where this occurs, the excess amount will be included in the amount payable by you to 1derful.
21.5 You must not use any amounts received from 1derful, or direct 1derful to apply any amounts, for the following categories of payments:
(a) gambling or betting;
(b) prostitution, pornography, eroticism, or sexual activity entertainment;
(c) Weapons or munitions;
(d) purchasing cryptocurrency;
(e) any illegal activities; or
(f) any other transactions which are inappropriate or unacceptable.
22. Disputing transactions
22.1 If the Customer wishes to dispute a Transaction (for example, because the Customer does not believe it made the transaction or believes that the transaction has been charged for an incorrect amount), the Customer must contact 1derful as soon as possible and no later than 45 days after the Transaction. The Customer must provide information reasonably required by 1derful to investigate the disputed transaction.
22.2 The Customer will not be responsible for Transactions that it did not make, where the Customer did not contribute to the circumstances giving rise to the Transaction. The Customer may be responsible for Transactions where the Customer did contribute to the circumstances giving rise to the Transactions (such as by breaching this Agreement).
22.3 Following receipt of a Transaction dispute from a Customer, 1derful may credit an amount of the Transaction back to the Customer's account if it is satisfied that the Customer should not be responsible for the Transaction or the full amount of the Transaction.
23.1 No interest is charged to the Customer in respect of Credit provided under this Agreement.
24. Repayment of Credit
24.1 The Customer must repay the Credit to 1derful according to the amounts and timetable set out in item 1 in Schedule 1.
24.2 If you fail to repay Credit provided to you by 1derful in accordance with Schedule 1, 1derful may cease to provide other services to you including ceasing any payments to be made on your behalf.
25. International transactions
25.1 Where 1derful make a payment to an international biller in a currency other than Australian dollars, 1derful will calculate the Australian dollar amount of the transaction using an exchange rate and charge that Australian dollar amount to the Customer's account. The exchange rate will be determined by 1derful, based on the actual exchange rate obtained by 1derful in respect of the payment (adjusted for the cost of any fees or other charges paid by 1derful).).
26.1 Upon termination of this Agreement, any Credit provided to you continues to be payable in accordance with this Agreement. Your obligations to make payments in accordance with item 1 in Schedule 1 survive termination of this Agreement until all such amounts are paid.
PART D - CARD AND ACCOUNT TERMS
This part applies to customers who wish to obtain the Card from 1derful.
27.1 The Card is issued by 1derful.
27.2 Neither 1derful, nor anyone else acting on its behalf, has the authority to:
(a) Tell you anything about the Card that is inconsistent with the information in these terms and conditions;
(b) Give you financial product advice (that is, a recommendation or statement of opinion intended or that could be reasonably regarded as being intended to influence you in making a decision) about the Card; and
(c) Do anything else on 1derful's behalf, other than marketing, arranging for the issue of and providing customer services for the Card.
28. The Card
28.1 Your Card may be branded with standard 1derful branding or the branding of Douugh or both. Please note, the branding on your Card does not in any way affect the terms and conditions relating to the Card set out in this Part.
28.2 The Card is a Mastercard Credit Card and you are able to use the funds available to you in your Douugh Account through the Card.
28.3 The Card allows purchases to be made wherever Mastercard Cards are honoured for electronic transactions if a sufficient Available Balance exists for the amount of the transaction.
28.4 There is no interest payable to you on the credit balance on the Card.
28.5 The Card remains the property of the issuer and you must surrender the Card to us if we ask for it to be surrendered.
29. Using the Card
29.1 You must register as the cardholder of your Card. You may be required to provide certain information to 1derful to enable 1derful to meet all of its legal requirements in providing the Card to you. Upon registration, your Card will be activated and ready for use.
29.2 The Card can be used anywhere Mastercard Cards are accepted to pay for goods and services, including online purchase transactions. Some merchants may choose not to accept Mastercard Credit Cards.
29.3 You agree not to make or attempt to make transactions that exceed the Available Balance.
29.4 If you make or attempt to make any transactions that exceed the Available Balance, then you will be liable for any overdraw plus a fee charged by us, along with any costs or interest we incur in recovering or attempting to recover from you the amount owing.
29.5 1derful may restrict or stop the use of the Card if excessive uses of the Card or other suspicious activities are noticed.
29.6 You cannot “stop payment” on any transaction after it has been completed. If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved. If you cannot resolve the dispute with the merchant, you should contact 1derful. You should not, in any circumstances, contact Mastercard.
29.7 If you are entitled to a refund for any reason relating to a Card transaction, you agree to accept the refund under the policy of that specific merchant. Refunds may be in the form of a credit to the Card, cash refund or in store credit. If the Card is expired or revoked before you have spent any value loaded to the Card resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.
29.8 We are not liable in any way when an authorisation is declined for any particular transaction regardless of reason.
29.9 If you permit someone else to use the Card, you will be responsible for any transactions initiated by that person with the Card.
30. Limitations on Use of Card
The following limitations apply to the Card:
(a) The Card may not be used for, and authorisation may be declined for, any illegal transactions.
(b) The Card may not be used for, and authorisation will be declined for transactions relating to any form of gambling or gambling services and the purchase of money orders.
(c) When using the Card with some merchants (e.g., rental cars & hotels) or for mail order purchases, Card “tolerance limits” may apply. This means the merchant may obtain an authorisation or approval on the Card for an amount up to 20% or more than the total bill (or anticipated bill) to cover additional items such as tips and incidentals or to ensure that adequate funds are available to cover the final purchase. The entire amount of the authorisation or approval will be debited and will not form part of the available Card balance until the authorisation or approval clears, although only the amount actually spent or authorised will be finally deducted from the Credit Limit after the authorisation or approval clears.
(d) Some retailers may choose not to accept Mastercard Credit Cards.
(e) The maximum amount of value that can be accessed through the card at any given time is $1,000.
31. Foreign Transactions
31.1 Transactions made in a currency other than Australian dollars will be subject to an exchange rate determined by us, plus a foreign transaction fee. These fees are available for your viewing in the Douugh application.
If you forget or lose your PIN you have the ability to retrieve your PIN.
Should an incorrect PIN be entered three times when a transaction is attempted using the Card, the Card will be suspended. Contact Douugh to have the Card unblocked and the card will be available for use from the next day.
You must not disclose your PIN to any other person.
32.1 You must make sure that you keep the Card and any Identifiers safe and secure. The precautions we require you to take (Security Requirements) are set out below.
32.2 You must not:
(a) allow anyone else to use the Card;
(b) unnecessarily disclose the Card number;
33. Loss, Theft and Misuse of Cards
33.1 If you know or have reason to suspect that the Card is lost or stolen or damaged, likely to be misused or you have reason to suspect that someone else may know the Identifiers, you must immediately notify 1derful. We will then suspend the relevant Card to restrict further use.
33.2 You may be required to confirm details of the loss, theft or misuse in writing (and to provide particular information in the confirmation) and you must comply with that requirement.
33.3 If any lost Card is subsequently found it must not be used unless 1derful confirms it may be used.
34. Card Expiry
34.1 The Card is valid until the expiry date shown on it.
34.2 Your Card cannot be used after expiry. You cannot access any credit extended to you on the expired Card unless a replacement Card is issued to you.
34.3 We may issue you with a replacement Card if requested by you at any time after expiry and provided you have registered your details with us, including your name and Australian address. We reserve the right not to issue a replacement Card to you, in which case we will terminate our credit contract with you. A replacement Card fee may apply (see details in the Douugh Application).
35. Replacement Cards
35.1 If your Card or Card details are misused, lost, or stolen, you should notify Douugh so that your Card can be cancelled.
35.2 You can request Douugh to provide you with a replacement Card. A replacement Card fee may apply.
35.3 A replacement Card will be arranged after you notify us that your Card is misused, lost, or stolen in accordance and the misused, lost or stolen Card has been blocked. You will need to register and activate the newCard.
36. Card Revocation and Cancellation
36.1 We may revoke the Card at any time without cause or notice. If we ask you to, you must surrender or destroy the revoked Card and you must not use the revoked Card. When you surrender the Card, you must give us your correct name and contact address.
36.2 You may ask for the Card to be cancelled at any time. If you ask for the Card to be cancelled and we ask you to, you must surrender or destroy the cancelled Card and you must not use the cancelled Card.
37. Liabilities and Disclaimers
We are not liable if:
(a) through no fault of our own, the available balance on the Card is not enough to cover a transaction;
(b) a terminal or system does not work properly;
(c) circumstances beyond 1derfuls control prevent a transaction, despite any reasonable precautions having been taken by us;
(d) any failure due to events outside our reasonable control;
(e) any industrial dispute;
(f) any ATM or payment terminal refusing to or being unable to accept the Card;
(g) the way in which any refusal to accept the Card is communicated;
(h) any indirect, special, or consequential losses;
(i) any infringement by you of any currency laws in the country where the Card is issued or used;
(j) any dispute between you and the supplier of any goods or services purchased with the Card;
(k) our taking any action required by any government, federal or state law or regulation or court order; or
(l) anything specifically excluded or limited elsewhere in these Conditions of Use.
You are not liable for any loss caused by the failure of a system or equipment provided by any party to a shared electronic network to complete a transaction accepted by the system or equipment in accordance with your instructions.
However, if you were aware, or should have been aware, that the system or equipment was unavailable or malfunctioning, our responsibility will be limited to:
(a) correcting any errors; and
(m) refunding any charges or fees imposed as a result.
If any warranties or conditions are implied because of Part 2 of the Australian Securities and Investments Commission Act 2001 or any similar law in respect of services supplied under these Conditions of Use or in connection with the Card, then our liability for a breach of such a warranty or condition will in any event be limited to:
(a) the supplying of the services again; or
(n) the payment of the cost of having the services supplied again.
We do not make or give any express or implied warranty or representation in connection with the Card (including the Card type, quality or standard of fitness for any purpose); and are not liable for any loss you suffer (including indirect or consequential loss) arising in connection with the Card (whether a failure to provide the Card or its loss, theft or destruction).
PART E - GENERAL DEFINITIONS
38. Definitions and Interpretation
38.1 Whenever used in this Agreement, unless inconsistent with the subject matter or context, the following words shall have the following meanings:
1derful, we, us means 1derful Pty Ltd ACN 636 589 538.
Account means the account held by you with 1derful, as accessed via the Douugh Application.
Account Opening Form means the form provided by 1derful for completion by you to request an Account.
Agreement means these Terms and Conditions together with all other documents which are referred to in these Terms and Conditions.
ATM Automated Teller Machine
Available Balance means the amount of funds available in the Account to be used by You.
Douugh Application means the application downloaded by a user to a mobile device.
Card means the 1derful MasterCard Credit Card
Customer, you or your means the Customer named in the Account Opening Form, together with any:
subsidiaries, affiliates, successors and/or assigns; and
officers, directors, employees and agents.
Credit means the credit provided to the Customer by 1derful.
Credit Limit means the credit limit applicable to your Account, as specified in accordance with Part D.
Day means a day on which commercial banks are open for business in Sydney, New South Wales, Australia.
Force Majeure Event means events or causes including, but not limited to, the following: an act of God, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, pandemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident, change of International, State or Commonwealth law or regulation or any damage of 1derful’s machinery or systems, unless occurring as a result of an act, omission, default or negligence of you or 1derful.
General Advice is as defined in the Corporations Act 2001 (Cth), as varied from time to time.
Identifier means information that you know but are not required to keep secret and which you must provide to perform a transaction (for example, a Card number).
Insolvency Event means any insolvent event and includes circumstances where:
(a) you are insolvent or insolvent under administration (as defined in the Corporations Act 2001 (Cth));
(b) an administrator, liquidator, provisional liquidator, controller, or any other insolvency official is appointed to you or any of your property;
(c) you commit an act of bankruptcy or become a bankrupt (as defined in the Bankruptcy Act 1966 (Cth);
(d) you are deregistered for any reason;
(e) you are unable to pay your debts as and when they fall due, or you threaten to cease payments to creditors.
Instruction has the meaning given in clause 17.2 of this Agreement.
Intellectual Property means the trademarks, designs, patents, and copyrights of the parties to this Agreement.
Internet means the interconnected system of networks that connects computers around the world.
Law means the statutes, regulations, and general law of Australia, as varied from time to time.
Notice has the meaning stated in clause 13of this Agreement.
Obligations has the meaning stated in clause 16.3 of this Agreement.
Personal Advice is as defined in the Corporations Act 2001 (Cth), as varied from time to time.
Personal Information is as defined in the Privacy Act 1988 (Cth), as varied from time to time.
Retail Client means a Customer of 1derful who is not a Wholesale Client.
Scheme means a card or payment scheme operated by a card or payment scheme operator (i.e., Mastercard).
Spot Jar means the facility through which credit is provided to You through the Douugh Application by 1derful from time to time.
Supported Currency means each currency approved for use in the Douugh Application by 1derful from time to time.
Transaction means any payment made by us on behalf of you pursuant to this Agreement.
Website means the 1derful website located at www.1derful.io.
Wholesale Client has the same meaning as in section 761G of the Corporations Act 2001 (Cth), as varied from time to time.
39. SCHEDULE 1 - DETAILS
Repayment instalment terms
Your repayment obligations in respect of any Transaction will be split into 4 weekly repayment installments.
The first instalment is due 1 week from the day that the Credit is provided to You.
The Transaction amount is divided into equal installments. Where the amount can’t be divided into equal instalments, the last instalment will be the lowest amount.
Prior to obtaining any Credit, you must load a funding source to your Account. There must at all times be a valid funding source (such as a debit or credit card) linked to your Account. You authorise us to debit your funding source in respect of each repayment instalment and any other fees and charges payable under this Agreement and agree not to take any action to limit our ability to do so.
Your Account can have multiple funding sources. If you choose to do so you will be asked to choose a default and all repayments will be deducted from your default funding source (unless otherwise specified).
You will have the ability in the Douugh Application to make additional repayments prior to the scheduled repayment instalments. When you do so, this will reduce the amount of the next scheduled repayment instalment(s), (unless otherwise specified).
A fee is charged for Credit obtained by You, this fee a flat fee per Spot installment of $1.99, charged at four equal installments per Spot and is payable whenever you make a transaction funded by the Spot Jar. For example, if you have a Credit Limit of $500 and make a payment of $300 you will be charged a fee of $1.99 per installment, for 4 equal installments, for drawing down on your Credit Limit. If you subsequently make a payment of $10, you will again be charged a fee of $1.99 per installment, for 4 equal installments.
The maximum charges by Douugh for the first 12 months are $200 and for any subsequent 12 month period, $125.
Failure to pay
If any instalment is not paid, whether due to a declined payment request, payment source not being valid or for any other reason, your Account will be blocked and you will be unable to make any further Transactions until the issue has been rectified and allowing repayments have been made.
Where a repayment fails, we will re-attempt to collect the repayment on day 1, day 2 and day 3. After this time, we no longer attempt to collect repayment from your linked funding source, but you will still be obliged to make the payment. At any point where there is an outstanding amount we may make an attempt to collect the outstanding amount from your default payment source.