DTAP Terms and Conditions
THE DTAP SERVICE
IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Notes:
- The Terms and Conditions
("Terms and Conditions") below are in effect for all
dtap.com.au transactions. The Terms and Conditions set forth below describe
the terms and conditions that apply to and govern Your access to and use
of the dtap.com.au website (the “Website”) and Services (as defined
below). Do not use or access the Website or Services if You do not agree
to be bound by such Terms and Conditions.
THE DTAP SERVICE.
A DTAP consumer that is located in Australia (the "Sender") may send
an online money transfer through the Website (the "Service(s)") using
a Diners Club Card® issued by an Australian card issuer, for cash payment to an
Australian Bank Account which the Sender is the beneficiary of (the “Bank Account”).
"You"
or "Your" may be used to refer to the Sender depending on the context
in which it is used.
Regular
money transfers are usually available within one (1) Business Day of being
processed but may take up to three (3) Business Days.
Transactions
submitted before 2.00pm (EST) on a business day (Monday to Friday EST exclusive of
recognised public holidays) will be sent to the destination the same day. Transactions
submitted after this time may not be sent until the following business day.
Regulatory
restrictions or other restrictions in certain circumstances may delay the
transaction.
DTAP does
not act as the agent or representative of any bank for any purpose and does not
accept deposits on behalf of any bank.
You
represent, warrant and certify to DTAP that Your use of the Services shall not
in any way, directly or indirectly, (a) violate any law, statute, ordinance,
contract or regulation, including but not limited to any law, statute,
ordinance, contract or regulation relating to money laundering, illegal
gambling activities, support for terrorist activities, fraud or theft, and/or
(b) violate any of the Terms and Conditions of use.
When
required by applicable law, money transfers will be reported to federal or
state authorities. In addition, DTAP will cooperate with law enforcement in the
prosecution of illegal activities to the fullest extent permitted by applicable
law.
You will
be required to provide DTAP with certain information to allow DTAP, among other
things: to verify Your identity; to receive appropriate payment authorization
from your financial institution; and to complete the transaction.
DTAP is
not an escrow service provider and You agree that You will not use DTAP Services
for escrow purposes.
You agree
that the information You provide is not false, inaccurate or misleading. Please
contact DTAP at the customer service email listed below to obtain information
regarding the conditions applicable to the Service You have selected.
Please
refer to DTAP’s Online Privacy Statement for information concerning DTAP’s use
of this information.
By using
the DTAP service, You acknowledge that You have read
and accepted DTAP’s Privacy Statement for Australian Customers.
It is
important to carefully review the information concerning REFUNDS.
DTAP may amend
these Terms and Conditions at any time by posting the amended terms on the
Website, and all amended terms shall be effective immediately after they are
posted to the Website.
FEES.
In
consideration for the use of the Service, You agree to
pay to DTAP a fee for each money transfer initiated by You at the applicable
rate then in effect (the "transfer fee"). The applicable transfer fee
for Your transaction will be provided to You prior to Your final authorisation
of the transaction, in addition to any applicable fees for additional services.
The
transfer fee for DTAP Money Transfer services does not incur the Goods and
Services Tax (GST).
PAYMENT.
Transfer fees and the principal amount are due and payable before DTAP processes
the transaction.
If DTAP does
not receive authorisation from the card issuer, the transaction will not be processed and funds will not be transmitted to the Bank
Account.
Each time
You use the Service You agree that DTAP is authorised to charge Your designated
card account for the principal amount and the transfer fee. (Your agreement
with the card issuer or bank governs use of Your card, respectively, and You
must refer to that agreement to ascertain Your rights and liabilities as a
cardholder.)
REFUNDS.
REFUNDS
OF PRINCIPAL AMOUNT and cancellation of the money transfer will be made upon
Your written request if payment to the Bank Account has not yet been made or
credited at the time the request is processed by DTAP.
REFUNDS
OF TRANSFER FEES will be made upon Your written request if payment to the Bank
Account has not yet been made or credited at the time the request is processed
by DTAP.
The
method of refund of both Principle and Fee amounts remains at the discretion of
DTAP. Generally, the refund will be credited back to the same Credit Card that
was used for payment.
LIMITATION
OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DTAP AND ITS AGENTS SHALL NOT BE LIABLE
FOR DAMAGES FOR DELAY, NONPAYMENT OR UNDERPAYMENT OF THIS MONEY TRANSFER, OR
NON-DELIVERY OF ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE
PART OF THEIR EMPLOYEES OR AGENTS OR OTHERWISE, BEYOND THE SUM EQUIVALENT TO
$500 AU DOLLARS (IN ADDITION TO REFUNDING THE PRINCIPAL AMOUNT OF THE MONEY
TRANSFER AND THE TRANSFER FEE). TO THE MAXIMUM EXTENT PERMITTED BY LAW, DTAP
AND ITS AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES. NOTWITHSTANDING THE FOREGOING DISCLAIMER, NEITHER
DTAP NOR ITS AGENTS EXCLUDE LIABILITY FOR ANY CONDITION OR WARRANTY
THAT CANNOT BE EXCLUDED BY LAW INCLUDING ANY IMPLIED WARRANTY THAT IT WILL
RENDER SERVICES WITH DUE CARE AND SKILL. DTAP’S AND ITS AGENT’S LIABILITY
FOR THE BREACH OF SUCH CONDITION OR WARRANTY SHALL BE LIMITED TO THE GREATER OF
THE COST OF PROVIDING THE AFFECTED SERVICE AGAIN AND THE SUM EQUIVALENT TO AUD $500.
DTAP DOES NOT GUARANTEE THE DELIVERY OR SUITABLILITY OF ANY GOODS OR SERVICES
PAID FOR BY MEANS OF A DTAP MONEY TRANSFER. YOUR TRANSACTION DATA IS
CONFIDENTIAL TO YOU AND SHOULD NOT BE SHARED WITH ANY OTHER PERSON. YOU ARE
CAUTIONED AGAINST SENDING MONEY TO BANK ACCOUNTS WHICH YOU DO NOT CONTROL OR
ARE NOT A BENEFICIAL OWNER. IN NO EVENT SHALL DTAP OR ANY OF ITS AGENTS BE
LIABLE IF YOU COMMUNICATE TRANSACTIONAL DATA TO ANY OTHER PERSON.
DTAP reserves the right to limit the principal amount of a money transfer, or
to reject a proposed money transfer, in its sole discretion. DTAP assumes no
obligation to make payment of the money transfer or to complete the applicable
money transfer transaction if DTAP does not receive authorisation from the card
issuer, nor does DTAP assume any liability for damages resulting from non-payment
of the money transfer or any failure to complete any applicable Service
transaction by reason of such lack of authorization. DTAP reserves the right to
refuse to provide the Services to You, at any time, for any reason deemed
necessary to protect DTAP’s interests.
INDEMNITY.
You agree to indemnify, defend and hold harmless DTAP, and all its officers,
directors, owners, agents, employees, affiliates, licensors, licensees and
third party service providers (collectively, the "Indemnified
Parties") from and against any and all losses, damages, liabilities, and
claims and all fees, costs, expenses of any kind related thereto (including,
without limitation, legal costs on a full indemnity basis) incurred by the Indemnified
Parties in connection with any claim arising out of, based upon or resulting
from (i) Your access to and/or use of the Website or
Services including, without limitation, the money transfer services; and/or
(ii) Your violation of the Terms and Conditions. DTAP reserves the right, at
its own expense, to assume the exclusive defence and control of any matter
otherwise subject to indemnification by You. You shall not in any event settle
any matter without the written consent of DTAP.
ELECTRONIC
DELIVERY OF FUTURE DISCLOSURES.
You agree to accept all subsequent disclosures (including, without limitation,
disclosures required under laws relating to privacy or electronic fund
transfers) and other communications between You and DTAP on Website or at the
primary email address You provided during registration. You may print and
retain a copy of all such disclosures and communications by using Your personal
computer and printer. In the event that Your primary email address changes, You must notify DTAP. You may revoke Your consent at any
time by contacting customer service.
INTELLECTUAL
PROPERTY.
The
Website, Service, the content, and all intellectual property pertaining thereto
and contained therein (including but not limited to copyrights, patents,
database rights, trademarks and service marks) are owned by DTAP or third
parties, and all right, title and interest therein and thereto shall remain the
property of DTAP and/or such other third parties. The Website and Service may
be used only for the purpose permitted by these Terms and Conditions. You are
authorized solely to view and retain a copy of the pages of the Website for
Your own personal, non-commercial use. You agree that You may not duplicate,
publish, modify, create derivative works from, participate in the transfer of,
post on the World Wide Web, or in any way distribute or exploit the Website,
the Service or any portion thereof for any public or commercial use without the
express written consent of DTAP. You further agree not to: (i)
use any robot, spider, scraper or other automated device to access the Website
and/or Service; and (ii) remove or alter any copyright, trademark or other
proprietary notice or legend displayed on the Website (or printed pages
thereof). The name DTAP and other names and indicia of ownership of Marmatcla
Pty Ltd are the exclusive marks of Marmatcla Pty Ltd or third parties. Other
product, service and company names appearing on the Website may be trademarks
of their respective owners.
LINKS TO
OTHER SITES.
The Website may contain links and pointers to other World Wide Web Internet
sites and resources (the "Linked Sites"). Links to any Linked Site do
not constitute an endorsement by or association with DTAP or any of its
affiliates to any third party resources or their
contents. Links do not imply that DTAP is affiliated or associated with or is
legally authorized to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any Linked Sites are
authorized to use any trademark, trade name, logo or copyright symbol of DTAP or
any of its affiliates. You should direct any concerns regarding any Linked Site
to such Linked Site's site administrator or webmaster. DTAP does not represent
or endorse the accuracy or reliability of, and expressly disclaims, any advice,
opinion, statement, or other information displayed or distributed through any
Linked Site. You agree that reliance upon any opinion, advice, or information
displayed on or otherwise available through any Linked Site shall be at Your
sole risk.
DATA
PROTECTION.
Your personal information is processed under applicable law and controlled by DTAP.
We use personal information you provide to us when using our products and
services, as well as other information that is collected or generated during
our relationship with you. This includes information from other services like
money transfers and previous use of our services history, and service choices.
This information is used to provide you with the services you have asked for
and for activities such as administration, customer service, anti-money
laundering, compliance and legal duties, validate your details, to help us
understand our consumers by doing analysis and research of the information we
hold, to help prevent and detect fraud, debt and theft, to help us improve our
products, services and operations.
The
information we hold may be accessed by DTAP for any of the reasons set out in
this section or for other purposes to which you have agreed. You have a right
to ask us to see and get a copy of your information, for which we may charge a
small fee. You can also correct, erase or limit our use of the information which is incomplete, inaccurate or out-of-date.
And you may object at any time on legitimate reasons to the use of your
information, where the processing is not required to complete the service, or required by law or regulation. If you wish to
exercise these rights or no longer wish to receive commercial communications
from DTAP, please contact us via our website.
MISCELLANEOUS.
These Terms and Conditions, together with all other items incorporated herein
by reference, embody the entire agreement and understanding between You and DTAP
and supersede all prior agreements or understandings You have with DTAP. DTAP has
the right to assign these Terms and Conditions to a subsidiary or affiliate
company, or any third party, at any time without Your consent. You may not
assign or transfer these Terms and Conditions without DTAP’s prior written
consent. If any one or more of these Terms and Conditions shall for any reason
be held to be invalid, illegal or unenforceable, the remaining provisions shall
remain valid and enforceable. Your access to and use of the Website and Service
is governed by the laws of the State of Queensland. You irrevocably submit to
the non-exclusive jurisdiction of the courts of that State and any courts which
have jurisdiction to hear appeals from such courts and you waive any right to
object to proceedings being conducted in the courts of that State. The Website
and Service are directed to persons age 18 and over residing in Australia. The
Website and Service are not intended for distribution to, or use by, any person
or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation.
For consumer inquiries or comments, please write to:
DTAP
CUSTOMER SERVICE, c/o, P.O. Box 503, BUNGALOW, QLD, 4870
Last Revised 06 February 2024
© 2025 MARMATCLA PTY LTD. All Rights Reserved.