On-demand Wages Employee Agreement

Parties

This Agreement is between you (‘you’ or ‘your’) and DayPay Pty Ltd ABN 76 625 245 060 (‘we’, ‘us’, ‘our’).

Background

This Agreement sets out the terms and conditions that apply to your use of our On-demand Wages product.

On-demand Wages allows you to receive an early payment of your earned and approved wages less tax and deductions (Eligible Amount) to be repaid on your employers next regular payroll processing day (Payday) in return for the payment of a fixed fee (Fee).

Before you use On-demand Wages please read this Agreement, as well as our Privacy Policy.

Key points

Eligible Amount

An amount between $100 and your full earned and approved wages less any deductions including tax.

Fee

$5.00

Period

From the date of the early payment until Payday.

Deductions

All deductions from your wages for items such as automated regular weekly allowances for items such as phone, car and kilometres, accrual type allowances, entitlement accruals, superannuation, reimbursements, workcover pay items, bonus payments, long service leave payments, annual and personal leave, toil balances/accruals and salary sacrificed amounts (gross deductions).

 

It is agreed:

  1. Rights to use

(a) Subject to the terms of this agreement we give you the right to use On-demand Wages.

(b) You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement. If you do not want to be bound by this Agreement, you must not use On-demand Wages.

(c) We may amend this Agreement at any time for any reason including, for example, if we change the functionality of On-demand Wages, introduce new products, or as required by We will post the amended Agreement on our Website.

(d) In addition to this Agreement the foundU User Agreement will also apply to the use of On-demand Wages.

  1. On-Demand Wages Payment

(a) On-demand Wages allows you to receive the early payment of the Eligible Amount.

(b) We will advise you (via the foundU Employee Self-Service App) of your Eligible Amount.

(c) You may request the early payment of all or part of your Eligible Amount (Requested Amount).

(d) At the time of requesting the Requested Amount you are also:

(i) providing a written authority for the Requested Amount and the Fee to be deducted from your wages on Payday and paid in full to On-demand Wages;

(ii) agreeing to the Fees;

(iii) agreeing that your employer owes you the Requested Amount;

(iv) agreeing that all information you have provided On-demand Wages is accurate;

(v) agreeing that we may access the information you have provided your employer as part of your employment relationship only to the extent it is required for On-demand Wages;

(vi) agreeing to keep the information you have provided your employer in the foundU platform, including your name, date of birth, address and proof of identity, accurate and up to date;

(vii) confirming that neither you, a family member or a close associate is a Politically Exposed Person. A family member includes a spouse or partner, children and their spouses or partners, parents, brothers and sisters. A close associate includes individuals with who you share joint beneficial ownership or an individual who has the benefit of a legal entity or arrangement set up for their benefit. A Politically Exposed Person includes individuals who are or have been entrusted with prominent public functions, such as heads of state, heads of government, ministers and politicians, senior government, judicial or military officials, senior executives of state-owned corporations and senior officials of political parties.

(viii) acknowledging and agreeing that if you believe you are or may be a Politically Exposed Person, you will need the prior approval of us before applying to use On-demand Wages. You agree to seek this approval at contact@foundu.com.au.

(ix) agreeing you have not entered into any new arrangements that provide a third party with rights via deductions to your Requested Amount.

(x) agreeing that On-demand Wages will pay your Requested Amount by electronic transfer to the Primary bank account your pay is paid to.

(e) No interest charges are payable by you for the use of On-demand Wages.

(f) From time to time we provide additional promotional offers in relation to the use of Those offers will be subject to this Agreement and any additional terms and conditions.

    1. Processing of Requested Amounts

    (a) All requests for Eligible Amounts are subject to approval by On-demand Wages, and may be approved or varied in our reasonable discretion.

    (b) We may choose not to approve a Requested Amount if:

    (i) we reasonably consider this necessary in order to:

    (A) protect the integrity of On-demand Wages and other associated systems;

    (B) prevent fraud;

    (C) limit the risk of money laundering or terrorism financing; or

    (D) otherwise protect us against legal, regulatory or non-payment risk;

    (ii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect.

    (c) We reserve the right to verify your identity and to confirm that you are not listed as a high-risk person including Politically Exposed Persons, or banned persons in accordance with the requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act.

    (d) The request of a Requested Amount cannot be varied or revoked.

    (e) You authorise us to make any enquiries we consider necessary to verify your identity.

    (f) All information that we collect about you including information collected in connection with the verification of your identity, will be collected, used and stored in accordance with the On-demand Wages Privacy Policy.

    (g) You authorise us to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you.

     

    Other Legal Provisions

    1. Our relationship

    We do not enter into a partnership, joint venture, agency or employment relationship with you.

    1. No warranty

    (a) We do not give any warranty or guarantee as to the suitability, reliability or availability of On-demand Wages or of the content on our website.

    (b) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to On-demand Wages, and we make no representations or warranties regarding the amount of time needed to process Requested Amounts.

    1. Transfers or assignments

    (a) You cannot transfer or assign any rights you may have under this Agreement without our prior written consent, which must not be unreasonably withheld.

    (b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld).

    7. Our Intellectual Property

    (a) Our Website and all content on our Website is our exclusive property. The information on our Website is for information purposes only and is subject to change without notice.

    (b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media.

    1. Complaints and disputes

    (a) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible at:

    Email: product@foundu.com.au

    (b) We may request additional information from you to assist us in resolving any complaints or disputes, and you agree to provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.

    1. Communication

    (a) You agree to receive all communications from us in electronic form.

    (b) If you wish to contact us for any other reason, you can do this at hello@foundu.com.au

    1. System Outages

    (a) Access to On-demand Wages may occasionally be unavailable or limited due to hardware or software failure or defects, damage from natural events or disasters or disruptive human activity, interruption of power systems, legal or regulatory restrictions as well as other causes outside of our control.

    (b) To the extent permitted by law we will not be liable for any loss or damage which you may incur as a result of On-demand Wages being unavailable.

    1. Governing Law and Jurisdiction

    This Agreement is governed by the law in force in Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Queensland.

    1. Limitation of Liability

    (a) To the full extent permitted by law our liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total fees payable for any Requested Amount;

    (b) Except for claims arising in respect of clause 13, your liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total fees payable for any Requested Amount; and

    (c) To the extent permitted by law, a party’s liability to the other party under or in connection with this Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.

    (d) The parties will take all reasonable steps to mitigate any loss incurred by them under this Agreement.

    1. Indemnification

    (a) You are responsible to us for any loss, costs (including reasonable legal fees), expense or damage we suffer or incur:

    (i) claims made by your employer in relation to the Requested Amount.

    (ii) in connection with any claim, demand made by or actions of any third party due to or arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of On-demand Wages or our Website; and

    (iii) as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence.

    (b) Your liability under clause 13(a) will be reduced proportionately to the extent that we, our contractors or agents:

    (i) caused or contributed to the relevant claim, demand, loss or damage; or

    (ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.