Welcome to DigiPass!

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1. Introduction

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1.1 These Terms and Conditions ("Terms") govern your use of the DigiPass platform ("Service"), a digital card and pass management system provided by Sapphire Ventures Pty Ltd Trading as DigiPass ("DigiPass," "we," "us," or "our").

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1.2 By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

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2. Account and Access 

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2.1 You must create an account to use the Service. You agree to provide accurate, complete, and up-to-date information.

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2.2 Access to the Service is restricted to employees, workers, or authorised representatives of your business.

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2.3 You are responsible for maintaining the confidentiality of your login details and for all activities under your account.

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2.4 DigiPass reserves the right to suspend or terminate accounts found in breach of these Terms.

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3. Service Usage and Limitations 

 

3.1 The Service allows you to create and distribute digital passes and cards.

 

3.2 Your usage must comply with all applicable Australian laws, including privacy, consumer protection, and spam laws.

 

3.3 Each subscription plan includes a set number of passes. If you exceed this limit within a plan, you will be automatically charged under the new plan price.

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3.4 You must not use the Service for fraudulent, misleading, or illegal activities.

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4. Fees and Payment 

 

4.1 Subscription fees are payable in accordance with your chosen plan and the amount of active cards in a given month..

 

4.2 All fees are in Australian Dollars (AUD) and are exclusive of applicable taxes unless stated otherwise.

 

4.3 Failure to make payments may result in suspension or termination of your account.

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4.4 You will be billed monthly based on the highest number of active cards recorded during that calendar month

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5. Service Availability and Maintenance 

 

5.1 DigiPass aims to provide reliable service but does not guarantee uninterrupted access.

 

5.2 We may perform maintenance and updates that could result in temporary downtime. We will provide notice where possible.

 

5.3 DigiPass is not liable for any losses resulting from service unavailability.

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6. Data Protection and Privacy 

 

6.1 DigiPass complies with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in handling user data.

 

6.2 By using the Service, you agree to our Privacy Policy, which details how we collect, use, and protect your data.

 

6.3 If you process personal data of your customers via the Service, you are responsible for ensuring compliance with all applicable privacy laws.

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6.4 DigiPass infrastructure is hosted on servers located in Germany, provided by Hetzner Online GmbH — a trusted European hosting provider. These data centres are ISO/IEC 27001 certified, ensuring a high standard of information security management.

 

6.5 All data is stored and processed within the European Union (EU) in compliance with applicable data protection laws. Our development and technical operations team is based in Europe, ensuring that your data is handled with the highest levels of security and regulatory alignment.

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7. Legal Compliance 

 

7.1 You must ensure that your use of the Service complies with all relevant laws, including the Australian Consumer Law and the Spam Act 2003.

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7.2 DigiPass reserves the right to remove any content or suspend accounts that violate legal or regulatory requirements, including violations under applicable laws or Apple or Google's usage agreements.

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8. Limitation of Liability 

 

8.1 DigiPass provides the Service "as is" and does not warrant that it will be error-free or uninterrupted.

 

8.2 To the extent permitted by law, DigiPass is not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service.

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9. Termination 

 

9.1 You may cancel your subscription at any time. You will be billed for your final month after cancellation. No refunds will be provided for unused portions of a billing period.

 

9.2 DigiPass may suspend or terminate your account for violations of these Terms or non-payment.

 

9.3 Upon termination, access to the Service will cease, and any stored passes may be deleted.

 

10. Changes to Terms 

 

10.1 DigiPass may update these Terms from time to time. Changes will be notified via the platform or email.

 

10.2 Continued use of the Service after changes take effect constitutes acceptance of the new Terms.

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11. Governing Law 

 

11.1 These Terms are governed by the laws of Australia.

 

11.2 Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of Australian courts.

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13. Apple Wallet Passes and Push Notifications

 

13.1 Issuer Identity: All Apple and Google Wallet passes issued through DigiPass will display a notice such as “Powered by DigiPass” or equivalent branding. Clients acknowledge and agree that all passes are issued under DigiPass’s Apple Developer credentials and must not misrepresent the issuer identity.

 

13.2 Client Responsibilities: Clients must not engage in any activity that could violate Apple’s Developer Program rules, including but not limited to:

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• Sending excessive, spam-like, or irrelevant push notifications.

• Using passes for misleading, illegal, or deceptive purposes.

• Attempting to impersonate DigiPass, Apple or Google.

 

13.3 Notification Usage: Clients agree to only send push notifications that are relevant, expected, and valuable to the passholder. DigiPass reserves the right to suspend or revoke a client’s ability to send notifications if it reasonably believes notifications are being misused.

 

13.4 Liability and Compliance: Clients acknowledge that DigiPass holds ultimate responsibility for compliance with Apple and Google’s Developer Program and agrees that DigiPass may modify, suspend, or revoke any Wallet pass or service access necessary to protect its standing with Apple and Google.

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13. Contact Information

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For any queries regarding these Terms, please contact us at support@digipass.com.au.

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Updated April 2025