Rêv Australia Pty Limited (“Rêv”) provides to Cardholders access to YAP-branded mobile financial services ( “YAP Services”). The YAP Services are provided to you under the terms of this YAP Services User Agreement (the “YAP Agreement”). “Rêv Card” shall mean any Reloadable Prepaid Visa Card provided by Rêv.
1. YAP Services for Use with the Rêv Card
Your use of the YAP Services, including signing up to use YAP Services, is evidence of your intention to be bound by the terms of this YAP Agreement and your intention to designate Rêv as your agent to request Heritage Bank Limited (the “Issuing Bank”) to perform transactions associated with YAP Services on your Rêv Card issued by the “Issuing Bank. Your Rêv Card and Rêv Card Account are governed under the Rêv Card Terms and Conditions with the Issuing Bank. At no point does Rêv take possession of the funds in your Rêv Card Account and your funds shall always remain in your Rêv Card Account with the Issuing Bank. The YAP Services are subject to the Rêv Card Terms and Conditions and certain terms not defined in this YAP Agreement have been defined in your Rêv Card Terms and Conditions. Your mobile phone, when using the YAP Services, shall be considered an “Access Device” under the Rêv Card Terms and Conditions and those portions of the Rêv Card Terms and Conditions applying to Access Devices shall apply to your use of the YAP Services. Rêv reserves the right to amend this YAP Agreement at any time. The most current version will always appear on the card website at least thirty days before it becomes effective.
2. Description of YAP Services
YAP Services include funds transfers, bill payments, person-to-person payments, balance lookups and event notifications. The balance shown in balance inquiries may differ from your actual balance due to deposits in progress, charges, fees or outstanding withdrawals or payments. The balances are updated periodically and the YAP Services will display the most current balance available at the time you perform a balance inquiry. Rêv reserves the right to request the Issuing Bank to restrict certain bill payments, the number of attempted bill payments on a monthly basis, or the amounts to be paid under attempted bill payments. Bill payments may be processed through third party entities and, by requesting bill payments through YAP Services, you authorize such third party entities to complete such bill payments. Rêv shall not be liable for any late bill payments should you have insufficient funds in your Rêv Card Account to complete the bill payment.
3. Provision of YAP Services.
a. YAP Services may be provided using the Short Message Service (“SMS”), or text messaging, or by other electronic means, including software applets or apps which you may be required to install on your mobile phone. You may be required to create a user profile/account, undergo a verification procedure and provide certain key phrases and/or identification numbers (1) in order to set up your mobile phone for use of YAP Services, and (2) to verify your identity to Rêv and to other users of YAP Services when you use YAP Services. You should not share your key phrases and identification numbers with anyone.
b. When using SMS for YAP Services, you should send all commands to the 0451 927 927. You may send the command “HELP” to the short code 0451 927 927 to receive a list of commands you may use to perform YAP Services.
c. You may send the command “STOP” to the short code 0451 927 927 to opt-out of the YAP Services. By sending “STOP” to the short code 0451 927 927, You agree that YAP Services will no longer be available on your mobile phone and that this Agreement will terminate. You may re-enroll for YAP Services on your mobile phone and this Agreement will govern any such re-enrollment.
4. Fees
Fees for use of the YAP Services shall be subject to fees set forth in the Fee Schedule published by Rêv at the Rêv Card website or in the Rêv Card PDS. The Fee Schedule may be updated at any time and the most current version will always appear on the card website. The Fee Schedule may be included with the card carrier which contained your Rêv Card. Such fees shall be in addition to the fees charged to you by your cellular carrier; please review your user agreement with your cellular carrier to determine your current fees. The Fee Schedule is incorporated into and made a part of this YAP Services User Agreement by reference.
5. YAP Services using Text Messages
Should you use text messages to partake of YAP Services, Rêv asks that you delete all text messages in your mobile phone’s text message “outbox” and “sent box” when using YAP Services and that you modify your phone’s settings so that outgoing text messages are automatically deleted. You are also advised to password lock your phone so that your personal information is not accessible by others. Text messages you use for YAP Services are no more secure than regular text messages; Rêv has designed its information technology systems to reduce the incidence of fraud, but Rêv cannot warrant that a third party will not intercept any text messages used in conjunction with YAP Services.
6. Refused YAP Services
Third parties have the right to refuse attempted funds transfers or payments from you if you choose to use YAP Services to pay them. Should you remit a funds transfer or payment and the recipient refuses to accept the payment, the funds transfer or payment shall either be refunded by the Issuing Bank or the Issuing Bank shall not be debited from your Rêv Card Account.
7. Payments to Non-users
Rêv will not request the Issuing Bank to complete any instruction you provide via YAP Services to make a funds transfer or payment to a person that has not agreed to the terms and conditions of this YAP Agreement (a “non-user”) unless and until such person or entity agrees to the terms and conditions of this YAP Agreement. Under no circumstances will Rêv request the Issuing Bank to remit funds to a non-user until the non-user agrees to the terms and conditions of this YAP Agreement. If the person or entity does not accept the terms and conditions of this YAP Agreement, the payment will be returned to you by the Issuing Bank.
8. Prohibited Uses of YAP Services
Under no circumstance may you use the YAP Services (1) in violation of applicable laws or regulations, including those governing financial services, (2) in violation of this YAP Agreement, (3) in a manner that violates the privacy or proprietary rights of another, including Spam, Phishing or unwanted solicitations, (4) to transfer of any malicious computer code, (5) to perform unlawful acts, including gambling, those involving stolen goods or illegal substances, or (6) to perform transactions involving a transfer of funds for illegal purposes or made to hide the source of such funds (“money laundering”). Should you violate the terms of this Section, Rêv may limit, suspend or terminate your use of the YAP Services.
9. Action on Instructions; Security
Once you have provided instructions to perform YAP Services you will not be able to reverse or “undo” the requested YAP Service except as described in the section titled “Your Liability for Unauthorized Transactions” in the Rêv Card Terms and Conditions. It is your responsibility to correctly enter all information into your mobile phone when performing YAP Services, including any transaction amount(s). Rêv will only carry out YAP Services if they are performed in accordance with relevant security procedures implemented by Rêv. Such security procedures include using a YAP PIN.
10. Notification of Lost Phones or Unauthorized Use of YAP Services
If you lose your mobile phone, if you believe that an unauthorized party has used YAP Services using your mobile phone, or if you believe an unauthorized party has performed YAP Services which debited your Rêv Card Account, you should immediately contact Rêv. The potential losses you may incur in such as situation are described in the section titled “Your Liability for Unauthorized Transactions” in the Rêv Card Terms and Conditions.
11. No Warranties
THE YAP SERVICES ARE PROVIDED BY RÊV UNDER LICENSE AND ARE MADE AVAILABLE AND PROVIDED “AS IS.” RÊV MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE YAP SERVICES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DUE TO THE NATURE OF THE CELLULAR COMMUNICATIONS SYSTEM, RÊV CANNOT GUARANTEE THAT ANY INFORMATION YOU TRANSMIT OVER THE CELLULAR COMMUNICATIONS NETWORK DURING THE USE OF YAP SERVICES WILL REMAIN SECURE OR WILL BE PROPERLY DELIVERED. Rêv makes no representation, guarantee or warranty that any user of the YAP Services is indeed who they purport to be or that they will complete transactions undertaken in connection with YAP Services. Rêv does not warrant that any payments or transactions performed using YAP Services will be processed in a timely or proper manner by any third parties involved in payment processing. Rêv does not warrant that YAP Services will be available through your cellular carrier;
12. Limitation of Liability
IN NO EVENT SHALL RÊV OR THE ISSUING BANK OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND CONNECTED WITH THE USE OF YAP SERVICES (INCLUDING CLAIMS OF FAILURE TO DELIVER OR RECEIVE PAYMENT INSTRUCTIONS), INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, OR LOSS OF BUSINESS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FORESEEABLE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THE LIABILITY OF RÊV TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. Without limiting the foregoing, you agree not to hold Rêv or the Issuing Bank liable for any damages, including, without limitation, special, incidental, or consequential damages for any Spam or Phishing messages delivered to you from your use of YAP Services or for failure of third parties to timely process payment or transactional instructions.
13. Indemnification
You agree to indemnify and hold Rêv and its officers, directors, affiliates, and employees harmless from and against any and all claims, suits, damages, judgments, liabilities, costs, and expenses (including, without limitation, attorneys’ fees) made or incurred due to or arising out of your breach of this YAP Agreement, your fraud or willful misconduct, or your violation of any law or the rights of a third party relating to your use of the YAP Services.
14. Release
In the event that you have a dispute with another user of the YAP Services, you hereby forever release and discharge Rêv and its directors, officers, employees and affiliates from any and all claims, damages, whether actual or consequential, of and from any and all liabilities, expenses, and causes of action, whether foreseen or unforeseen, arising out of or connected to or with such disputes.
15. Rights and Remedies
Without limiting its other remedies at law or equity, Rêv may warn the Issuing Bank and other persons using YAP Services about any fraudulent, unlawful, illegal, or unethical acts you have committed with YAP Services or request that the Issuing Bank place a “hold” on your Rêv Card Account or on certain transactions attempted using YAP Services. Rêv may also limit access to YAP Services (although Rêv will never take possession of the funds in your Rêv Card Account and the funds in your Rêv Card Account will always remain with the Issuing Bank). Rêv retains the right to terminate or suspend your use of the YAP Services or to refuse to carry out certain attempted YAP Services if (1) you breach this YAP Agreement, (2) use YAP Services to violate the law or the rights of a third party, (3) Rêv receives a report from a financial institution that you have abused their services, or (4) Rêv believes that your use of YAP Services creates a fraud risk or liability to Rêv or other users of YAP Services, (5) if Rêv cannot verify the identity of you or your mobile phone, or (6) there are insufficient funds in your Rêv Card Account to complete any attempted YAP Services. Rêv has the right to notify the Issuing Bank of any transactions it reasonably considers suspicious.
16. Contacting Rêv
You may contact Rêv at Rêv Customer Service, P.O. Box 614 Pyrmont, NSW 2009; call 1300 725 796, or visit www.YapSend.com. You should contact Rêv if you believe another person has used the YAP Services in violation of this YAP Agreement.
17. General Provisions
This YAP Agreement is governed under the laws of New South Wales and any action arising out of this YAP Agreement will be brought in the courts of New South Wales, Australia. Rêv shall not be responsible for any non-performance of this YAP Agreement, loss or damages caused by events or circumstances outside of Rêv’s control. You may not assign this YAP Agreement to any third party. This YAP Agreement is the sole and complete understanding between you and Rêv related to the YAP Services. Certain provisions of this YAP Agreement intended to survive its expiration shall survive. The failure of any Party to exercise any right under this YAP Agreement shall not be deemed a waiver of such right or of any other rights under this YAP Agreement. Should any provision of this YAP Agreement be held unenforceable under law, then such provision shall be deemed restated to reflect the original intention of the Parties as nearly as possible in accordance with applicable law and the remainder of this Agreement shall remain valid and enforceable.
18. Privacy Statement
When you perform fund transfers or payments using YAP Services, the number of your mobile phone, your name or a user identification name may be required to be displayed to the other party to the transfer/payment (either on the other party’s phone or on the other Party’s Rêv Card Account Statement) and you hereby give consent to Rêv to deliver and display such information. Your Card Account number will never be displayed to the other party. Any user of the YAP Services who collects or divulges information of other users without their consent will be deemed to be in violation of this YAP Agreement and their Rêv Card Terms and Conditions. Should you enter into a payment involving a merchant for the sale of goods, your shipping address may be delivered to the merchant, upon your approval. Rêv does not sell your information to any outside organization without your consent. Rêv may disclose your information to the issuing bank of your Rêv Card as permitted by law. Rêv may disclose your information to its related or affiliated companies, which may include financial service companies (such as banks, retail financial service providers and mobile payment providers) or nonfinancial companies (such information aggregation providers or credit bureaus). Rêv may disclose your information to related, unrelated or affiliated companies that perform services for us, such as verifying customers’ identities, taking customer calls, processing your transactions undertaken with YAP Services, preparing your account statements, and providing software for us.