Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING DVIVE APP

These Ulka Terms & Conditions (the “Terms” or “this Agreement”) govern the legal relationship between You as an individual (“Customer”, “User”, “You” or “you”) and Dvive Limited, a company incorporated under the laws of England & Wales, registered number: 13920972, having its registered office at Suite 1, Unit 13 Bourne Court Southend Road, Woodford Green, Essex IG8 8HD United Kingdom. We call ourselves “Dvive” or “Ulka” in these Terms for short or just “We”, “Our” or “Us”.

You accept the Terms when you visit our website
download or install the Ulka Mobile app
register for Ulka services
This means the use of the Applications and access to the Services of Dvive are subject to your acceptance of the Terms. By using the Applications, you expressly agree to be bound by the Terms.

You acknowledge that you have read, understood and agree to these Terms.

We may occasionally update our terms and policies and it is your responsibility to check for the updates by visiting the Terms & Conditions page of our website.

Definitions

Unless expressly stated otherwise, the following terms shall have the following meaning:

Account

an account opened for You with Us where your transaction on the Ulka app is stored

Applications

Any Mobile Applications offered by Dvive, including the Ulka app

Business Day

a day within Our working hours, which is not Saturday, Sunday, or a bank or public holiday in the United Kingdom (“UK”). Our working hours are from 9 am to 5 pm UK time

Customer

The username and the password and/or PIN chosen by the Customer or other temporary credentials granted to the Customer by Us

Login Credentials

Enhance your platform’s payment infrastructure with our scalable solutions, enabling seamless transactions between buyers and sellers across different countries.

Identity verification

Identification of persons and verification of persons’ identity and residential address with information technology means

Mobile app/ Ulka app/ Application

Our Mobile Application which is suitable only for Android or iOS is connected to your mobile device when downloaded and installed on your device and shall be used to get access to all Dvive Services offered under Ulka.

Ulka

Ulka is a registered trading name of Dvive Limited

Personal data

Any information relating to an identified or identifiable natural person directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, etc.

Product/ Products/ Service/ Services

Services rendered by Us to a Customer, including but not limited to: a) Mobile Top-Up, b) Mobile Air-time purchase, c) Mobile Data, d) Combined bundle of top-up, airtime and data, e) Utility Bill payment, and f) International remittance payment

Payment/ payment

Payment made by you for making a completing a Service transaction under this Agreement

Payment Method/ payment method

The method of Payment selected by you in order to complete a Service transaction

Third-Party/ third-party

Mobile Operators, Utility and any other Service Providers in relation to this Agreement

Third-Party Services

Services provided by Mobile Operators, Utility and any other Service providers in relation to this Agreement

1. General Terms and Conditions

This Agreement establishes a general basis for the legal relationship between Dvive and its Customer.

The Terms stipulate the general principles for relations between the Customer and Dvive, including the General Terms and Conditions of the Service Agreements, if any, concluded between Ulka and the Customer. The Terms shall be applicable in respect of all valid contractual relationships established prior to the date of entry into force of the Terms. The Customer confirms that it has examined the Terms and Conditions in this Agreement and agrees with them and undertakes to follow them at all times.

As part of registration and before using the services of the Ulka app, the Customer must read, agree with and accept these Terms and Conditions, Dvive’s Privacy Statement and other applicable Service Agreements and other terms applicable to Dvive’s services and products.

The headings and subheadings below are for reference only and do not limit the scope of any section. Should the context so require, words in the singular have the same meaning in the plural, and vice versa. Should there be any contradictions or ambiguity between the General Terms and Conditions, Service Agreement, Privacy Policy in English or any other agreement concluded between Ulka and the Customer and other language versions of the aforementioned documents, the text in English shall prevail.

If any of these Terms are determined to be unenforceable, the remaining terms will continue in full force and effect, and these terms will be construed as if the unenforceable term had never existed.

These Terms together with the Price displayed on the screen at the time of purchase are an integral part of these Terms and form a legal Agreement between You and Us and govern Your use of Our Services. We do not provide any consulting services or advice. The full price of each of the services will be displayed and only executed upon confirmation of the Customer for that specific service and no other hidden charges shall be applicable.

The laws of England and Wales apply to this Agreement.

Please read these Terms carefully before accessing or using the Services and Applications. You should print a copy of the Terms for future reference. By entering into this Agreement You confirm:

A. that prior to entering into the Agreement, We have provided You online on Our Mobile App and Website with these Terms

B. that You have carefully read and fully understood these Terms

C. Your agreement according to which Dvive is entitled to provide Services to You according to the Terms

D. that You understand that in order to use Our Services, You need to download the Mobile App “Ulka” which is suitable only for Android and iOS, or you may visit www.ulkapay.com.

If you object to any of the Terms of this Agreement or any subsequent modifications to them or become dissatisfied with your use of the Applications or Services in any way, you may: a) discontinue your use of the Applications and/or Services; and b) close your virtual account (“Account”) by notifying us in writing by email or otherwise (see contact information below).

2. Ulka Services

Ulka services are services offered by Dvive which include facilitating the purchase of prepaid mobile and/or data airtime (“Top-up”), utility bill payments (“Bill payments), prepaid vouchers (“Vouchers”) (together the “Products” and/or “Services”) relating to services to be provided by the third party partners of Dvive through the websites www.dvive.uk and its subsidiary sites and www.ulkapay.com and any associated mobile applications, present or future (together, the “Applications”)

Ulka’s main Services are as follows:

Mobile Top-Up: Buying Pre-paid/ Post-paid services for i) Mobile-recharge for Airtime purchase or other mobile operations, and ii) Purchase Mobile Broadband bundles.
Utility Bill Payment: Customers can pay utility bills through our Mobile app to the utility Service Providers directly.
International Remittance Payment: Customers will be able to remit money to the designated bank account or mobile wallet of a preferred beneficiary. The recipient may also withdraw money (in cash) from the bank (over the counter).

3. Registration

To use the Services, you will be required to register for an Account. You can do this by filling out the appropriate information on the Signup screen on the Ulka app. Upon signing up you will be given an account. When signing up you will be required to provide personal information, including your full name, date of birth, postal address, email address, phone number, and necessary financial information. You may be required to provide photographs and/or supporting documents to verify your identity and address. You will also be required to set up a password and/or a PIN (personal identification number). The combination of your email address, password and/or PIN is known as your Login Credentials.

All data you provide to us as a Customer will be treated in accordance with our Privacy Statement.

You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information.

You are entirely responsible for all activities which occur when using your email address, phone number and/or password (“Login Details”) in relation to your account, including unauthorised use of your account or any payment method including debit or credit card. You must not share your PIN or passwords with any person or third parties, including Dvive, whether directly or indirectly. It is your responsibility to safeguard your Login Credentials. You must notify us immediately using the contact details in Section 26 below if you become aware of any unauthorised use of your Login Details.

Login Details may only be used by a single user and are not transferable.

Please note that your Login Details may be used on any other Applications that Dvive may introduce.

You must be 18 years of age or older to avail of services from Dvive. By continuing to use Services from Dvive, you give explicit consent that you have read and accepted these terms in full.

4. Your Data

The Customer and its representative are obligated to submit to Us any data and documents requested by Us for identification. If Dvive has doubts about the authenticity of the Customer’s data or documents, We may ask the Customer to specify its data, provide additional information or documentation, or if necessary, to re-do the identification process.

Dvive will comply with all its obligations under applicable data protection law with regard to relevant data in its possession relating to you. Data collected by us as part of the Services will be treated in accordance with our Privacy Statement and Data Protection Policy. These documents set out how we use and protect the information you provide to us. We recommend that you read the Privacy Statement on our website carefully.

By consenting to the Terms, You agree that We or Our Identity verification partner may carry out such verification, and it may include a soft search on your credit file. A soft search does not impact your credit file in any way, it only assists Dvive to verify your identity information.

In cases where the identification document has expired or been updated, the Customer is required to provide the new identification document.

In relation to the prevention of money laundering or terrorism and proliferation financing, tax frauds or other illicit activities, We have the right to refuse cooperation with You, including to refuse/refrain from Payment order execution, if You or a person related thereto, including its beneficial owner, is a person: against whom sanctions and/or restrictions of international organizations or sanctions and/or restrictions applied to/by specific countries’ or other international or local sanctions; the Payment order initiated by You or in favour of You is directly or indirectly related to a person against whom international or local sanctions have been imposed; We have knowledge or suspicions that You, beneficial owner or any person related to You has performed or attempted to carry out activities aimed at money laundering or financing of terrorism and proliferation, tax frauds or other illicit activities; Your activities do not comply with the requirements of the regulatory enactments regulating the area on prevention of money laundering or financing of terrorism and proliferation, tax frauds or other illicit activities.

5. Use of Services and Cost

You agree to use the Applications and Services in accordance with the Terms and to comply with the provisions set out in these Terms and the applicable laws.

You may not use the Applications or Services: (i) in violation of any law, statute, rule or regulation; or (ii) in connection with any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (iii) in any manner that encourages, promotes, facilitates or instructs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity. The Services shall only be provided to you by Dvive as per their availability.

You will be required to input certain information (e.g. a receive mobile phone number or email address or utility account number) in respect of the Services or the Applications. It is your responsibility to ensure that you have correctly inputted the information. In the case of Top-ups, Bundle offers and Utility Bills, you will then be required to enter the amount or select the Bundle Offer as applicable that you wish to be delivered to your recipient.

The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Applications before you are asked to confirm your transaction and proceeding with the transaction at this point is entirely optional. The cost will vary depending on the amount of Top-up that you wish to send or the value of the Voucher that you wish to purchase or the amount of Utility Bill you wish to pay according to the denominations displayed on the Applications. If the purchased service is to be received in a different currency to the currency of your chosen payment method, the payment amount will be subject to the applicable Foreign Exchange (FX) rate on the payment date and a service fee may be applied. If you choose to send an optional SMS to the recipient of the Top-up, an additional message fee for this may apply.

Services are provided by Dvive upon successful Payment by You. At times, there may be a short delay before the relevant third party delivers the Product to the recipient. Where contact details have been provided, we will send you a confirmation email or SMS which contains details of the Services as soon as your transaction has been successfully completed. You agree and understand that Dvive only acts on your authorisation to send the Top-up or Bundle Offer or Utility Bill and the relevant Third Party shall be solely liable to you and the recipient, where applicable, for the provision of the services related to the Top-up or Bundle Offer or Utility Bill. Once a Top-up or Bundle Offer or Utility Bill is sent, it is used immediately and therefore it cannot be refunded or removed. To avoid Products being provided to the wrong recipient, it is entirely Your responsibility to ensure that the recipient details you have entered are correct and in full.

You acknowledge that you will lose the right to cancel the Services once they have been fully performed by Dvive. Please note that the Ulka Mobile and Web Applications limit the number and value of Services that can be purchased or received, including over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the Applications and the purchase of Products may be applicable from time to time.

6. Your Instructions

You shall ensure that all instructions provided by You to Dvive through the Applications are accurate, complete, and true. All confirmed instructions are final and binding upon you. Dvive and/or its service providers shall bear no liability or consequences related to the provision of incorrect, inaccurate, or false information by you. You are solely responsible for any consequences related to the failure to provide correct, accurate and true information or the failure to correct such inaccurate information prior to final confirmation.

7. Transactions Using Your Chosen Payment Method

You may purchase Products through Dvive’s Services using online bank transfer, Visa, MasterCard, Diners, Discover, AMEX, PayPal or any other payment methods available on the Applications from time to time. The Payment Method will be displayed on the Applications on your payment screen. Any credit card, debit card or other payment methods which may be used on the Applications must be registered to your name or the billing address of the payment method must be at your registered address with Dvive. In the case of a credit card, additional applicable charges may apply.

Upon receipt of a proper and complete request from you for the Services, Dvive will charge the Payment Method provided by you and will forward an electronic request to the relevant third-party provider (e.g. mobile operator or issuer of Voucher or utility service provider) to provide the Products in the amount transferred, for the benefit of the recipient nominated by you.

You authorise Dvive to act upon any instruction to charge the Payment Method provided by you through the Applications which has been transmitted using your password and/or any other authentication/identity verification process which you may require to be used in connection with the Applications. Dvive will only require identity verification measures that are required by applicable law or as Dvive deems appropriate and sufficient to protect against fraud or money laundering and to maintain the security and proper use of the Applications to comply with any internal policy.

Dvive shall accept liability for the non-execution or defective execution of Services purchased through the Applications, subject to your adherence to these Terms, the proper use of the Applications as instructed by Dvive, and the absence of any misrepresentation, fraud, or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Services in one of the following ways only:

A full refund of the unexecuted or defective Services issued to the original payment method you used at the time of placing the transaction, or
Re-sending of the unexecuted amount to the recipient’s details you provided at the time of placing the transaction

8. Recurring Payment

If you select the “Recurring Payment” option for any services, the payment method provided by you will be charged for the initial Top-up and automatically charged for each subsequent purchase on the payment dates specified by you. In relation to recurring remittance, you would also be required to set between the amount you will send or the amount your beneficiary will receive in each occurrence. Your saved payment method will be charged for the recurring payment no more than 24 hours before the delivery of the service. If the payment method provided by you is declined for payment, then the service will be cancelled immediately, your recurring payment will be cancelled, and you will be required to create a new recurring payment with a valid payment method.

You may cancel any recurring payment you have set up on your Account at any time and the cancellation will be effective before the next recurring service is due to be paid. For example, if you have an auto top-up which is to be paid every 28 days, you may cancel that auto top-up at any time before the expiry of the relevant 28-day period, and no further auto top-up payments will be charged to your chosen payment method. You will not receive a refund for any previous auto top-up payments already processed before cancellation.

When you set up a recurring Payment, the payment amount and any processing fees will be calculated on each payment date at the rates and charges on that day. If you set up an auto top-up for an international Top-up and the Top-up you purchase is to be received in a different currency to the currency of your chosen payment method, the amount you will be charged for the auto top-up on each payment date may vary based on the FX rate on the applicable payment date and will be subject to an airtime conversion fee.

If the price of the Top-up increases which results in an increase in the price of your automatic payment, Dvive will notify you by giving you by 9 am in the morning on the date price increase. The Customer will have up until 2 pm to stop the recurring payment on that day, in case the Customer does not want to continue with the recurring payment upon the notified price increase. The increase will apply to the next auto top-up payment due from you after the notice. If you are not notified within 9 am as stated in this Clause, then the price increase will not apply until the next payment following the expiry of this notice period. If you do not wish to pay the increased price for any recurring service, you may cancel the service as described above. Subject to applicable law, you accept the increase by continuing to enable recurring services after the price increase takes effect.

Recurring services are automatically renewed unless discontinued. You can manage or cancel your recurring services in your Ulka app or by contacting our customer care team at contactus@dvive.uk.

Dvive reserves all the rights to accept, refuse, discontinue or cancel the recurring service request.

9. Promotions

From time to time, Dvive or partner service providers will run promotions on the Applications. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Applications. Dvive is not responsible for promotions run by partner service providers, and you must make your own inquiries with the relevant service provider directly before availing of, and relying on, the terms and conditions of any such promotion. You shall avail of any promotion in good faith and not misuse any promotional code provided to you.

10. Your Obligations

The equipment and devices necessary to access the Applications shall be provided and maintained by you solely at your expense. If you access the Applications through a mobile device, you may be charged by your mobile service provider for internet access on your device.

You can download mobile applications from the app stores free of charge. You are solely responsible for ensuring that you download any subsequent updates to the mobile applications from the relevant app store.

Dvive reserves the right to modify equipment and software requirements as necessary for it to continue or improve the provision of Services through the Applications.

You acknowledge that compliance with these Terms is designed to minimise the risk of unauthorised use of the Applications and harm to you, Dvive or others, and therefore you are required to strictly adhere to these Terms. To the fullest extent permitted by law, you will be liable for any liability, loss, costs or damages to Dvive or any third party as a result of your failure to adhere to these Terms and applicable law.

11. Third-Party Services

Dvive will not check the accuracy or completeness of the information or the suitability or quality of the products and services offered by third parties. Any Vouchers purchased through the Services will have their own terms and conditions, including applicable expiry dates and any other applicable restrictions and requirements. Dvive advises you familiarise yourself with any such terms and conditions before purchasing any Vouchers through the Services. You must make your own inquiries with the relevant third party supplier directly before relying on the third-party information or entering a transaction in relation to the third-party products and services referred to on the Applications. Service providers are fully responsible for all aspects of their Products.

12. Withdrawal of Services

These Terms apply to every Product you purchase through the Applications. Dvive may disable your Account and suspend or withdraw the use of the Applications and/or the Services:

immediately upon breach of these Terms by you or where Dvive reasonably believes you are in breach of these Terms,
immediately upon your insolvency/bankruptcy whether commemorated through a legitimate formal legal petition or not, or other contractual incapacities. Dvive reserves the right to commence debt collection actions within the bounds of the law under these conditions, or
immediately if Dvive reasonably believes that you have used the Applications and/or Services
in violation of any law, rule, statute or regulation; or
in connection with, or in any manner that encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or
in breach of any value limits or frequency set by Dvive from time to time.
Upon reasonable prior notice to you in any other case that Dvive deems necessary either at its own discretion or by virtue of applicable laws

These Terms do not have a minimum or finite duration and will continue to be binding on you for so long as you have an Account with Dvive. You may cease using the Applications or Services and/or close your Account at any time without reason by giving Dvive written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.

Dvive reserves the right, acting reasonably, to refuse to process or cancel any transactions following termination of this Agreement or suspension or withdrawal of the Services. Dvive is not responsible for any loss you may incur because of any transaction not being processed as part of the Services after the termination of the Agreement or after any suspension or withdrawal of the Services.

13. Your Contribution

Where you send Dvive any feedback, suggestions, ideas, or other materials in relation to or via the Applications or the Services provided, you agree that Dvive can use, reproduce, publish, modify, adapt, and transmit the communication mentioned above to others free of charge and without restriction, subject to Dvive’s obligations as provided under the Privacy Statement.

14. Variations of the Terms

Dvive reserves the right to modify, amend or vary these Terms for commercial or legal purposes. Any such variation shall become effective and shall be binding upon you 7 days after notice of such variation has been sent to you by email or by posting a message on the Applications. You shall be entitled, upon receiving notice of any alteration to these Terms, to immediately cease using the Services and/or the Applications and/or close your Account by notifying Dvive in writing but without prejudice to your liability for any indebtedness on any Account or any other obligation, financial, legal, or otherwise that has arisen prior to the closure of your Account.

15. Links to other Websites

Access to and use of the Applications is at your own risk and Dvive does not represent or warrant that the use of the Applications or any materials downloaded through the App may cause damage to property, including but not limited to loss of data or computer virus infection.

Some pages on the Applications may link to websites or applications not created or maintained by Dvive. You are hereby adequately notified and forewarned that when entering other websites or applications via such links, the terms and conditions, benefits, and privacy protections afforded by our Applications will not be applicable and you must make yourself aware of and become compliant with the requirements of those individuals independently maintained websites or applications. Dvive is not liable in any way for the content, availability or use of such linked websites and you agree that you may access such links entirely at your own risk.

16. Notices

Save where expressly provided, any notice required to be given by you to Dvive in connection with these Terms shall be given in writing and sent by email to contactus@dvive.uk.

Save where expressly provided, any notice required to be given by Dvive to you in connection with the subject matter of these Terms may be given by email or by posting a message on the Applications.

With your permission, Dvive may from time to time contact you to keep you up to date about Dvive’s Services including new products, campaigns, and promotions. For further information please read our Privacy Statement.

17. Intellectual Property Rights

For the purposes of this Agreement “Intellectual Property Rights” means all copyright, patents, registered and unregistered trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms, or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

You may only download, use, view and display the Applications (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Applications are owned by Dvive or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Applications (including any graphics or trademarks) in any form is prohibited without Dvive’s prior written consent, other than that which you are authorised by Dvive to print or download for personal, non-commercial use.

Dvive owns all Intellectual Property Rights that exist in the words “DVIVE” and “ULKA”, and in any accompanying logo. Dvive also owns all Intellectual Property Rights in the domain names www.dvive.uk, www.ulkapay.com and any subsidiary sites. Dvive takes cyber-squatting very seriously. Please notify any suspected incidents to contactus@dvive.uk.

18. Suspension of Services

In the event of a disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Applications or the Services, or where there is a real or potential security risk, Dvive shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Applications or your Account for such reasonable period as may be required to remedy, address or resolve the issue. Dvive may also suspend access to the Applications and/or your Account and/or Services as required for maintenance (whether emergency or planned) or upgrade work. Without prejudice to Dvive’s rights in Section 12 above, you further agree and acknowledge that your access to the Applications and/or your Account and/or Services may be immediately suspended where Dvive reasonably believes that you have used the Applications and/or Services:

in violation of any law, rule, statute, or regulation,
in connection with, or in any manner that encourages, promotes, facilitates, or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral, or indecent activity,
Dvive has grounds to suspect the Customer in money laundering or terrorist financing;
in breach of any number or value limits set by Dvive from time to time.
The Customer has intentionally or due to gross negligence failed to perform its obligation arising from the Service Agreement or General Terms and Conditions;
The termination of the Service Agreement is lawfully required by the UK or a foreign supervisory authority

In the event of such suspension, Dvive may reinstate access to your Account and recommence providing Services to you at Dvive’s sole discretion.

19. Force Majeure

Dvive shall not be liable or in breach of its obligations under this Agreement if there is any total or partial failure of performance of its duties and obligations occasioned by any act of God, fire, an act of government or state or other third parties, war, civil commotion, insurrection, embargo, inability to communicate with third parties for reasons beyond Dvive’s control even after making a commercially reasonable effort to eventuate communication, failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any airtime, energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) which are beyond Dvive’s control.

20. Security, Maintenance and Availability

You agree, acknowledge, and accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. Therefore, Dvive cannot guarantee the privacy or confidentiality of communications via such media although it will (and shall procure that its service providers will) put in place appropriate security measures to protect these methods of communication.

From time to time, it may be necessary to or desirable for security reasons, maintenance (whether emergency or planned), upgrades or other reasons to

make certain or all the Applications or Services unavailable to you; and/or
delay implementation of any new Services; and/or
withdraw, replace, or reissue your password; and/or
change authentication procedures or processes for accessing the Applications or the Services,

while using reasonable endeavours to minimise any inconvenience caused.

You acknowledge and agree that these events may occur and that Dvive bears no liability when such events occur. Where Dvive changes authentication procedures for accessing the Applications or the Services therein, notwithstanding any other terms of this Agreement, Dvive may introduce these procedures by giving instructions to you via the Applications in respect of which such procedures are being introduced.

21. Agency and Assignment

You agree that you have entered into this Agreement for your own use and that you may not subcontract or assign any of your rights or obligations to another person or agency under this Agreement.

22. Limited Liability

Dvive bears no responsibility for use of the Applications and/or Services in connection with any unauthorised, illegal, fraudulent, offensive, violent, immoral, or indecent activity. Except as set out in Section 7 above, Dvive, its directors, employees, officers or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, incidental, special, or consequential, exemplary or punitive loss or damage or any loss of income, money, data or goodwill) arising out of or in connection with your use of the Applications, Products or the Services.

No damages or right of indemnity exists for you against Dvive other than compensatory damages as described in and only limited to Section 7 of this Terms.

Furthermore, Dvive will incur no independent or third party or vicarious liability in relation to the failure by you to adhere to the terms and conditions contained and referenced herein or on other related and linked independently operated websites by third parties.

You agree and acknowledge that the Applications and the Services and content provided through them are provided “as is”. To the fullest extent permitted by law, Dvive makes no warranties in relation to the use and availability of the Applications, or the Services provided through them.

23. Establishment of a legal agreement

Dvive shall have the right to decide with whom to conclude or not to conclude any agreement. Amongst others, we may refuse to conclude a relationship and/or conclude any agreement with a Customer or to provide Services to a Customer in the following circumstances:

The Customer does not or may not meet the requirements stipulated in the legal acts regulating the prevention of money laundering and terrorist financing
Dvive suspects that the person wishes to use the Services for any restricted or prohibited activities in accordance with Section 24
The Customer has caused or may cause direct or indirect damage to Dvive
The Customer has been punished for a financial or economic crime, fraud or another crime with regard to the abuse of trust
The Customer does not present information and/or documents required by Dvive
The Customer presents to Dvive incorrect information and/or documents
The Customer does not present sufficient information and/or documents to confirm the legal origin of the funds
Any other good reasons for not establishing a business relationship or concluding an agreement, including in case of legal obstruction, such as restricted active legal capacity, lack of authorisation or ambiguous authorization
The Customer belongs to a risk group with regard to which Dvive set out restrictions on establishing a business relationship according to its risk appetite
Dvive does not have obligation to give a cause for refusal to establish a business relationship unless otherwise provided by applicable law.

24. Prohibited Activity

The Customer is prohibited from using the Customer’s Account or other Services for conducting any unlawful activities, including for money laundering or terrorist financing-related operations, as well as for any activities aimed at circumventing international sanctions or prohibitions, or national sanctions or prohibitions of the United Kingdom.

Dvive shall have the right to suspend the execution of Services or payment transactions for a time period as may be necessary for obtaining and assessing the information and documents, for the fulfilment of requirements of the legislation governing the area of anti-money laundering and counter-terrorist financing or other legislation, as well as the requirements or restrictions imposed by correspondent credit/payment institutions.

The Customer using Dvive Services is prohibited from:

not complying with the Terms and Conditions, agreements on Services, legislation and other legal acts, including but not limited to, anti-money laundering and counter-terrorist financing acts;
violating the rights of Dvive and third parties to trademarks, copyrights, commercial secrets and other intellectual property rights;
providing false, misleading or incorrect information to Dvive
refusing to provide information or undertake other actions that are reasonably requested by Dvive
providing to third parties false, misleading or incorrect information about Dvive
executing or receiving transfers of illegally acquired funds, if the Customer is aware of or should be aware of it
using Services of Dvive in a way which causes losses, liability or other negative legal consequences or damage to the business reputation of Dvive or third parties
using Dvive Services from countries that are not acceptable to Dvive
spreading computer viruses and undertaking other actions that could cause System malfunctions, information damage or destruction and other damage to the System, equipment or information of Dvive
undertaking any other deliberate actions which could disturb the provision of Dvive Services to the Customer or proper functioning of the Remote System
organising illegal gambling, illegal trading of stocks, indices, raw materials, currency (e.g. Forex) options, exchange-traded funds (ETF); providing trade, investment or other services on currency exchanges, Forex markets and other electronic currency trading systems; engaging in the illegal trade of tobacco products, alcohol, prescription drugs, steroids, weapons, narcotic substances and their attributes, pornographic production, unlicensed lottery, illegal software and other articles or products prohibited by the law
registering a Customer’s Account by fictitious or someone else’s name without having the power of attorney; registering a Customer’s Account using services of anonymous phone numbers or e-mail addresses provided by other individuals or website
providing services that are prohibited by the law or contradict public order and moral principles
disclosing authorization codes, passwords, PIN and other authentication means to third parties and allowing other persons to use Services under the name of the Customer

25. Transaction Limits

We reserve the right to impose at our sole discretion limits on Dvive’s transactions, based on criteria determined by us which do not have to be disclosed.

Personal Account

The Personal Account is only available to Customers (individuals) and may not be used for any business or commercial purposes

Certain limits may be placed on your Account depending on your country of residence, verification checks or other legal considerations.

We have the right to demand data and/or documents that would help us identify the Customer and/or receive significant information necessary for the proper provision of Dvive/Ulka app Services to the Customer. Specific data and/or documents to be submitted shall be indicated in the message to the Customer about the necessity to perform identification or other verification procedures.

We have the right to establish amount limitations for certain operations. The Customer has the right to change the limitations established by Us to the extent and pursuant to the terms and procedures established by us.

To change the transfer limit, Customers need to fill in a short questionnaire and, in some cases, upload documents to verify this information.

If the annual turnover of the Customer’s Account is anticipated to be up to GBP 1,000.00 (one thousand), or equivalent you need to verify your identity. You will have to submit the official full name, date of birth, country, mark the status of the Politically Exposed Person, mark the status of U.S. residence, take a picture of your identification document (passport, ID card UK driving license) and submit a selfie.

If the annual turnover of the Customer’s Account is anticipated to exceed GBP 1,000.00 (one thousand), or equivalent, home address verification will be required. To confirm your home address, take a photo of any one document from the list:

a utility bill (electricity, gas, water supply), an insurance policy bill, or a landline phone bill (we don’t accept mobile phone bills)
a bank or credit card statement (not a photo of the card itself)
a letter from a public authority (for example, in relation to taxes paid or refunded)

To be able to send more than GBP 15,000 (fifteen thousand) you need to confirm your source of income in your profile.

We have the right to demand additional information and/or documents related to the Customer or transactions executed by them and have the right to suspend a transaction of the Customer until the Customer provides additional information and/or documents related to the suspended transaction. We also have the right to request the Customer to fill in and periodically update the Customer’s questionnaire. If the Customer does not provide additional information and/or documents within a reasonable time period set by us, then we have the right to suspend the provision of all or a part of the Services to the Customer. We have the right to demand copies of the documents certified by a notary and/or translated into at least one of the acceptable languages. All documents and information are prepared and provided at the expense of the Customer.

To manage our risk, particularly with respect to money laundering, fraud or security concerns, we also apply internal controls, including limits, to certain types of payment. We change these as necessary but for security purposes, we do not disclose them.

The Customer is prohibited from having more than one profile in the Remote system and providing incorrect data when registering in the Remote system. If the Customer provides incorrect data, he is obliged to correct it. If, due to inaccurate data, the Customer has created several profiles, he shall inform Dvive thereof, so that all created profiles would be merged into one profile. In case of a breach of this provision, the Customer may be blocked, illegal transactions invalidated, and the information transmitted to law enforcement institutions, if necessary.

26. Governing Law

This Agreement, the Applications and the provision of Services will be governed by the laws of England. If any claim or dispute arises from, out of or in connection with this Agreement and/or your use of the Applications or any Services, you agree that the courts of England will have exclusive jurisdiction over all such claims or disputes, without prejudice to your rights under applicable legislation.

27. Severability

If at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid, or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

28. Waiver

Any waiver of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on Dvive’s part to exercise or avail of any right, power or privilege operate as a waiver of any breach or default by you.

29. Customer Care and Contact Information

If you have any questions about this Agreement or any complaints or require any assistance with the Applications or the Services, we are always here to help. You can get in touch with us 365 days a year by emailing us at contactus@dvive.uk. You should use the same contact details for any correspondence in relation to any Services of Dvive.

30. Language

Communication between Dvive and the Customer shall be conducted in English unless agreed by both Dvive and the Customer on any additional languages for communication. We may provide support to our Customers in various other languages. In case of any discrepancies between the additional languages, an authorised translator shall translate the language into English, and this official translated transcript shall be notarised by the relevant government authorities and shared between Dvive and the Customer to resolve any disputes in relation to this Section. We shall accept documents in English. If any document is originally produced in another language, the document must be translated into English by a sworn translator, notarised by relevant government authorities, and this official translated document shall be provided by the Customer to Dvive.

^[1] Please note: In accordance with our policies we do not open Accounts and do not process transactions for companies, citizens and residents of, as well as people staying in, countries where transactions are prohibited by international sanctions or their internal law regulations, or countries which based on various criteria selected by our AML team (for example Corruption Perceptions Index by Transparency International, FATF warnings, countries with weak anti-money laundering and terrorist financing regimes determined by European Commission) impose high AML / CTF high risk.