Terms of Service

Last updated 31 May 2022

Welcome

Welcome to Dolla. These terms are an agreement between us and you. By using our product, you agree to these terms.

In these terms, ‘Dolla', 'we', 'us' and 'our' is Dolla Limited, and 'you' and 'your' is you - the person or business using our product.

You should also read our Privacy Notice, as it includes important information about how we collect, use, store, disclose, and otherwise process your personal information.

Making changes

We may update these terms from time to time, and these updated terms will apply to your use of our product from the time they are posted to our website. You may view an up-to-date copy of these terms at any time at dolla.nz/legal/terms-of-service. If you do not agree to any updates, you must stop using our product.

Communication

You can communicate with us:

- Through our app.

- Via email hello@dolla.nz

We may communicate with you:

- Through our app.

- Via email based on the address we have associated with your account.

- By txt or phone call based on the number we have associated with your account.

If your contact details change, you must let us know as soon as possible. You are responsible for keeping your contact details up to date, and maintaining and regularly checking your device or email inbox for information and notifications from Dolla.

What does our product do?

Dolla provides “payment initiation services”, which mean services enabling Dolla access to connected bank accounts in order to initiate a payment to a third party at your request from a payment account held by you at another payment service provider, such as a bank.

We will not hold your funds at any time when providing the payment initiation services. When we provide you with payment initiation services, this means that we are responsible for initiating the transaction only.

What other terms apply?

We use a provider called Akahu Technologies Limited (‘Akahu’) to connect your financial accounts to Dolla. Akahu specialises in providing this connectivity, and allows us to focus on delivering value to you through our product features. When you connect accounts to Dolla via Akahu, you’ll agree to Akahu’s terms (‘Akahu Terms’). We have no responsibility for the products and services provided to you by Akahu.

There are other terms that are relevant to your use of Akahu, including agreements with your bank and other financial accounts (‘Account Terms’) that you connect to Akahu. We have no responsibility for the products and services provided to you by your bank and other providers. We do not check the accuracy of data retrieved from accounts that you connect to Dolla, and we rely on your account providers to ensure that your data is up to date, complete and accurate, and not misleading or deceptive.

These terms do not affect the Akahu Terms or Account Terms, and you should carefully review any such terms before deciding whether to use our product.

Fees and charges

Dolla may offer a ‘freemium’ product, where some functionality is provided for free, and some functionality is reserved for paying users.

Your eligibility and acknowledgements

You can only use Dolla if:

- you provide us with accurate, complete, and up-to-date information, and do not misrepresent your identity or any other information about you;

- you comply with our internal compliance obligations, including anti-money laundering obligations (to be determined in our sole discretion);

- you agree to these terms and our Privacy Notice; and

- you comply with all laws and regulations applicable to your use of Dolla.

You acknowledge and agree that you are responsible for your use of Dolla and that:

- any use of Dolla is at your own risk;

- we will process all personal information in accordance with these terms and our Privacy Notice; and

- you will immediately notify us if you are aware of any actual or suspected unauthorised access to or use of Dolla or any other breach of security in relation to Dolla.

The features that are available via Dolla, and the manner in which those features are delivered, may vary depending on the type of device you are using, the type of accounts you connect, and the Account Terms.

Registering with Dolla

To use Dolla, you need to create an account with us. Any information you provide to us must be accurate, complete and up-to-date at all times. You are responsible for your account and must do your best to keep it secure. If you learn of any unauthorised access to or use of your account you must notify us as soon as possible.

Processing your account data

We may attempt to standardise, enrich, categorise, merge, aggregate, and otherwise process data retrieved from accounts that you connect to Dolla. We are not responsible for any inaccuracies resulting from these processes.

Payment Requests

Dolla enables you to make one-off or recurring payment initiated requests from bank accounts that you have connected to Dolla. It is your responsibility to ensure that all of the payment initiated request details are correct before you confirm a payment request (even if we have pre-populated details). You may not be able to recover payment requests made in error.

When you confirm a payment request, you provide express consent for Dolla (as your agent) to message instructions to your account provider/s to perform the request and receive information from your account provider regarding the initiation and execution of the payment request.

You must have sufficient available funds in your connected accounts to cover the amount of each payment request in order to ensure that each transaction be completed and to avoid being charged any overdraft, dishonour, or other fees as imposed by your account provider/s.

You may be redirected to your account provider's website or application, or multi-factor authentication process, in order to authenticate yourself and provide consent to a transaction.

Any request instruction received by Dolla and communicated to an account provider will be processed in accordance with the standard process and timelines for internet banking initiated electronic transactions.

Incorrect or Unauthorised Payment Requests

Once a payment request has been delivered to an account provider, we are unable to cancel or stop that transaction.

You should regularly check the record of your payment requests. If you identify a mistake or an unexpected or unauthorised payment request, or if you see anything that you’re not sure about, you should contact your bank, any relevant Third Party App, and Dolla immediately.

If you believe that your account has been charged in error, you may be able to get a refund of the transaction from your bank. You should see your bank account terms and conditions for details. In some cases, to claim a refund, you will need to report your concerns immediately or within a certain time period.

You must provide all reasonable cooperation to us and any other relevant person to ensure the repayment or refund of any money you have received in error as a result of a payment request initiated through Dolla.

You should be aware that your account provider may contact you directly, (and not through Dolla). For example if there is an issue with a payment initiated request submitted through Dolla for whatever reason, including issues relating to consent and sufficiency of funds. You may need to resolve such matters directly with your account provider.

Revoking access to accounts

If you connect accounts to Dolla, you may revoke or vary that consent at any time by changing your preferences in your profile.

Intellectual property

Title to and ownership of intellectual property rights:

- in and to any content displayed throughout Dolla, or accessed through Dolla, are the property of the applicable content owner and may be protected by applicable copyright or other law. These terms give you no rights to such content; and

- in Dolla and any modifications to it remain the property of Dolla and its successors and permitted assigns.

You grant us the irrevocable, perpetual, sub-licensable right to use, modify, display, manipulate, and create derivative works using any information, data or other materials which you provide to Dolla:

- in order to provide all functionality described in these terms;

- for the purposes described in the Privacy Notice; and

- otherwise for our legitimate business purposes, including to improve Dolla.

Data

We use your information in accordance with our Privacy Notice. If you are not comfortable with how we manage your data as explained in the Privacy Notice, you may not use Dolla.

Prohibited Uses

You must not, and you must not support or enable any other person to:

- use Dolla in any manner that is illegal or violates any applicable law or regulation or in breach of these terms;

- attempt to circumvent or disable Dolla or any technology features or measures in Dolla by any means or in any manner;

- attempt to modify, copy, adapt, or reproduce any part of Dolla;

- attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code fo Dolla;

- distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish, or disclose Dolla to any third party;

- use Dolla in any manner to aid in the violation of any third party intellectual property, including but not limited to another’s copyrights, trade secrets, and patents;

- take any action that interferes in any manner with Dolla’s rights;

- attempt to undermine the security or integrity of Dolla, or where any and all parts of Dolla is hosted by a third party, that third party’s computing systems and networks;

- use Dolla in any way which may impair the functionality of Dolla or other systems used to deliver Dolla, or impair the ability of any other user to use Dolla;

- attempt to gain access to any systems or materials, other than those to which you have been given express permission to access;

- transmit, input into, or otherwise use with Dolla any files that may damage any other person's device or software, content that may be offensive, or material or in violation of any law;

- access or use Dolla for any purpose other than for which it is provided by us, including for competitive evaluation, spying, creating a substitute or similar features to Dolla, or other nefarious purposes;

- scan or test the vulnerability of any Dolla infrastructure without express prior written permission from Dolla;

- overload, flood, or spam any part of Dolla; or

- use Dolla to attempt to access any data you are not authorised to access, or initiate payment requests except from your connected accounts.

Liability

Nothing in these terms is intended to limit or exclude any liability that cannot by law be limited or excluded. In particular, you may have rights under the Consumer Guarantees Act 1993 (or other applicable law) that cannot be excluded. To the extent permitted by law, our liability for breach of any non-excludable guarantees or conditions is limited to the statutory remedy we are required to provide for breach of the relevant guarantee or condition.

We will not be liable to refund you for any losses caused by circumstances beyond our control, for example, due to extreme weather, pandemic, terrorist activity, telecommunications network failure, failure of account providers or other applications,, or industrial action.

Dolla shall not be liable to you for any damages resulting from your use of Dolla. To the maximum extent permitted by applicable law, in no event shall we be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use, or other economic advantage) however arising, even if we are aware of the possibility of such damage.

Dolla is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties and conditions, express or implied, in respect of Dolla and your use of Dolla, including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. We do not make any warranty that Dolla will be uninterrupted or error-free. Without limiting the foregoing, you acknowledge and agree that the reliability and availability of Dolla is dependent upon factors including but not limited to: your account providers; your operating system; internet connection; and the availability of third party products as well as changes in third party mobile/web apps, and you should consider the potential for disruption or other difficulties that may affect your use of Dolla.

We are not liable to you for any harm, damage, or loss to you arising from the acts or omissions of any third parties, in particular your account providers.

Feedback

If you have any feedback about Dolla, please contact us through the app or at hello@dolla.nz.  We aim to respond to any feedback quickly, and in accordance with our obligations under applicable law. However, in some cases we may direct you to your account provider if your complaint relates to the services provided under the Account Terms or involves an incorrect or unauthorised payment requests.

Termination and suspension

You have the right to terminate these terms at any time without notice by contacting us at hello@dolla.nz.

We may suspend your account and your access to Dolla if we consider it necessary to protect our, your, or any other person's or network's security, or the security of Dolla, including if we believe there is a risk of unauthorised or fraudulent activity on your account.

Dolla may suspend your access and/or terminate these terms immediately if:

- you breach any provision of these terms;

- you owe us any outstanding fees;

- Dolla reasonably suspects that you are attempting to decipher, decompile, or reverse engineer Dolla or any part of it;

- Dolla considers that your use of our product is inappropriate, improper, or unlawful;

- anything outside Dolla’s control occurs which has the effect of compromising Dolla’s ability to provide you with our product.

We may terminate these terms for any reason by giving you at least two months written notice.

If these terms are terminated or your access to Dolla is suspended, you will not be able to access Dolla.

Governing law and language

These terms are governed by New Zealand law and are subject to the non-exclusive jurisdiction of the Courts of New Zealand.

These terms are in English and all communications with you will be in English.

Dolla is an open banking payments application that makes it easy for you to pay for things by sending money directly from your bank account to a seller’s bank account. By connecting your financial accounts to our app, Dolla is able to send payment initiated requests on your behalf.