Terms

Openwage App Terms of Use

Description: 

  • Our financial wellbeing app service (“Service”) offers you advance access to money that you have already earned before you are paid by your employer.
  • This advance can be used for any reason – this could include making unexpected payments, for matching up regular outgoings to your payroll (e.g. rent payments) or for help with meeting everyday living expenses. 
  • To qualify to use our Service you must be a UK resident, aged over 18 and be in employment with an employer who is partnered with Openwage to offer these Services.
  • In order to provide our Service to you we need to receive certain Personal Data about you, (this is information that can be used to identify you). We take the protection of your Personal Data very seriously and our Privacy Policy sets out what Personal Data we collect from you, or you provide to us, and how it is used and processed. 
  • By accessing this Service you also consent to us having access to your bank account transaction data and you agree that we can connect your bank account to a third party open banking API in order to provide the Service.

Summary of the Service

  • The first thing you need to do is to register with us so we can check that you are suitable to access our Service.
  • Once the checks are all successfully completed, and your employer has updated its payroll records to reflect the new bank account details (to route your salary payment to an e-money account held in your employer’s name), you will be able to use the Service whenever you choose.
  • Simply go into the app to find out how much advance payment is available to you.
  • You can then decide how much you want to withdraw, this can be some or all of the available advance amount.
  • Each time you access the Service you will be able to see how much advance is available to you. Please be aware that the amount of advance payment that is available to you may change.
  • The only fee you pay is a transaction fee for every withdrawal you make and the app will tell you how much the transaction fee is each time you request an advance.
  • We don’t charge you any interest on the advance payment. 
  • We will automatically deduct the repayment of advance amounts and transaction fees from your take home pay before it is paid to you. 

Contact Details

You can contact us by email at: support@openwage.com or via the Service through the LIVE CHAT button; or by post at: Leconfield House, Curzon St, London W1J 5JA.

Please read these terms and conditions carefully. If you have any questions please contact us through the LIVE CHAT service. 

ONCE YOU CLICK ‘I AGREE’ OR YOU ACCESS OR USE THE SERVICE, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. Registration and Onboarding:

1.1 You must be at least 18 years of age, be resident in the UK and have a UK bank account to register and use our Service, and your employer must be partnered with us to offer the Service. 

1.2 Before you can use the Service you must register for an account (“Account”). As part of this registration process you will need to connect your personal bank account to the Service via open-banking (this cannot be a business account even if you are self-employed), and you may need to validate your personal details (name, address, mobile number), and any other information that we may reasonably request in order to set up your Account and/or verify your identity.

1.3 You also give us permission to contact your employer and you authorise your employer to share your employment and other personal data with us, including information relating to your earnings, your job role, the start and end dates of your employment; and any other relevant information.

1.4 By using the Service you automatically authorise your employer to direct all of your net pay to a separate, e-Money account provided by a third party for the purpose of facilitating the Service and you also give us and our third party partners all rights, title and interest necessary to access your take home pay from this e-Money account and permit us to make the necessary deductions from those earnings to cover any and all advances and associated transaction fees owed to us.

1.5 Please check the information you provide to us carefully before confirming it. You are responsible for ensuring that your information is complete and accurate and up-to-date and you must inform us of any changes to your information in a timely manner. If for any reason the information that you provide to us is incomplete, inaccurate or out-of-date we reserve the right to close your Account or suspend your access to the Service.

1.6 We will then carry out the necessary checks in order to validate your eligibility to use the Service which may include verifying your employer and the frequency and consistency of your income. 

1.7 We may share your personal data with our third party suppliers in order to determine your eligibility to use the Service and in the provision of the Service to you. 

1.8 We have a legal obligation to identify you, and to verify your identity and because of this obligation we may ask you for some information and/or documents. You agree that, if we ask you for some information or documents, or if we ask you to confirm that you have registered to use the Service, you will provide us with the information. You also give us permission to make reasonable inquiries with your employer and third-parties, for the same reasons. These inquiries may include (a) asking for your national insurance number; and/or (b) verifying the information you give us using third-party databases and other sources. If we are unable to verify your identity, we may suspend or terminate your use of the Service.

1.9 Once all of the checks have been successfully completed, and we have connected your bank account to the third party open banking API and your employer has updated your bank account details for payroll, to reflect the e-Money account held with us, you will be given an Account through which you will be able to use the Service. We will notify you through the application and by email when your registration has been successful. 

1.10 You will be able to access funds from amounts earned between the first day of the then current calendar month up to the day before you make your request. We cannot provide you with access to amounts earned prior to that date. 

1.11 We will only use your personal information as set out in our Privacy and Cookies Policy which is available by following this link. We agree to only use the personal data we collect through your use of the Service in the ways set out in our Privacy and Cookies Policy and in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (“GDPR”).

2. Your Account

2.1 Your Account is unique to you and will have its own login ID and access code. Your Account is for your personal, non-commercial use (only). It cannot be transferred to anyone else or shared with anyone else. 

2.2 You agree to let us know straight away if any of your personal information changes, including your employment, your bank account details, and/or your contact information. 

2.3 If you are aware or suspect that (a) your login ID or password have been lost or stolen; (b) a device that you use to access the Service has been lost or stolen; or (c) someone else has accessed your Account, you must tell us straight away by using the Live Chat option or by sending an email to support@openwage.com.

3. Using the Service

3.1 By clicking to agree to these terms of use you may access the Service on your mobile phone, tablet or other device as applicable for your own personal purposes only. If you access the Service via any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms of use, whether or not you own the device you access the Service on. You must not use any other person’s account to access the Service.

3.2 You can use the Service to obtain advance access to money that you are expecting to earn before you are paid by your employer.

3.3 The amount that we can make available to you to withdraw at any time using the Service will be based on your projected earnings from your main source of employment and will be calculated and accrued as a percentage of that amount based on days lapsed between the first day of the calendar month and day before you make your request. If there is a disagreement between you and your employer with respect to the amount of earnings this must be resolved between you and your employer directly.

3.4 Once your advance is approved we will process the transaction promptly and the money will be transferred into your bank account. 

3.5 You may be able to make one or more withdrawal of funds during your pay cycle. 

3.6 We may change these terms of use at any time and for any reason.  If we change these terms of use the amended terms will be available on our website and on the app, and you will be required to accept them before continuing to use the Service. Please note that any change in the terms will only apply to future transactions. 

3.7 We may change the Service at any time by providing advance written notice of such change via our website, except that where the change is urgent or necessary for the purposes of safety, security or to meet regulatory requirements, you accept that advance notice may not be possible.  

3.8   You must not use the Service or your Account in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously.

3.9 If you breach any of the provisions of these Terms of Use, or if we reasonably suspect or believe that you have breached any of the provisions we may: a) send you one or more formal warnings; b) temporarily suspend your access to the Service; c) suspend and/or delete your Account; d) permanently prohibit you from accessing our Service; and/or e) commence legal proceedings against you.

3.10 If you become aware of any unauthorised use of your Account please contact us by email to support@openwage.com.

4. Availability of the Service

4.1 We do not warrant that the Service, including any third party service or your access to the same will be uninterrupted or error-free and we do not accept responsibility or liability for any actual or potential losses you might suffer, as a result of interruptions to the Service or third party services. 

4.2 We are not responsible for any delays, failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, (except as required by law) and you acknowledge that the Service we provide (including making funds available) may be subject to limitations, delays and other problems inherent in the use of such communications.

4.3 The Services are made available to you on an “as is” and “as available” basis. We make no representations or warranties of any kind, whether express or implied, as to the accuracy, reliability, completeness or operation, or continued availability of the Service, or any related services.

4.4 We makes no representation, warranty, or guarantee, whether express or implied, that the Service is free of bugs, defects or errors, or any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate, any program, system or data.

4.5 You acknowledge that the Service has not been developed to meet your individual requirements, and that it is your responsibility to ensure that the facilities and functions of the Service meet your needs.

4.6 We are not responsible for any delays in payment due or related to the intervention of any third-party (including any delays caused by banks, failures or errors in payment or communications systems other than the Service itself, or for regulatory purposes).

4.7 We are not responsible for any delays in payment due to, or related to the occurrence of, an administrative or technical error, or a technical or system-related event, which prevents us from performing our obligations under these terms of use.

4.8 We are not a tax advisor or financial planner; and we cannot and do not provide legal, tax, or financial advice, whether through the Service or in any other way. If you need financial or other advice, you should obtain it from a person who is appropriately authorised and qualified to give it. You should also refrain from using the Service, until you have that advice, and you have had a reasonable opportunity to consider it.

4.9 We may share a pre-commercial release or beta version of the Service with you (“Beta Service”), and in such situations this Clause shall apply to the Beta Service only. To the extent that any provision in this Clause is in conflict with any other term or condition in these Terms of Use, this Clause shall supersede such other term(s) and condition(s) with respect to the Beta Service, but only to the extent necessary to resolve the conflict. 

(a) You acknowledge that any Beta Service does not represent the final product from us, and may contain bugs, errors and other problems that could cause system or other failures and data loss. CONSEQUENTLY, THE BETA SERVICE IS PROVIDED “AS-IS” WITH NO WARRANTIES FOR USE OR PERFORMANCE, AND WE DISCLAIM ANY WARRANTY OR LIABILITY OBLIGATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHERE LEGAL LIABILITY CANNOT BE EXCLUDED FOR BETA SERVICES, BUT CAN BE LIMITED, OUR LIABILITY AND THAT OF OUR SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE SUM OF FIFTY POUNDS (GBP £50) IN TOTAL.

(b) If the Beta Service has a time-out feature, then the Beta Service will cease operation after the conclusion of the designated evaluation period. Upon such expiration date, the licence to use the Beta Service will expire unless otherwise extended. Access to any files created with the Beta Service is entirely at your risk. You acknowledge that we have not promised or guaranteed that any Beta Service will be made available in the future, and we have no express or implied obligation to introduce a Beta Service, or any software product similar to or compatible with the Beta Service. 

(c) Where a Beta Service has been shared, you agree to provide feedback to us regarding testing and use of the Beta Service, including the provision of error or bug reports. You agree not to sublicense, lease, loan, rent, distribute or otherwise transfer the Beta Service. Upon receipt of a later unreleased version of the Beta Service or release by us of a publicly released commercial version of the Beta Service, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Beta Services received from us and to abide by the terms of any agreement issued with or for any such later versions of the Beta Service.  

5. Fees

5.1 We will charge you a transaction fee for each withdrawal you make through the Service which will be collected from your take-home pay at the same time as we make the deductions for the advances you have withdrawn.

5.2 We will not charge you any late payment fees or interest charges.

5.3 If we are unable to provide you with funds for any reason at any time, we will inform you of this at the time of your request.

6. Repaying the advance

6.1 We will automatically take repayment of any advance payment and the associated transaction fees directly from your salary before it is paid to you in accordance with the authorisation you gave at the time of requesting the advance. 

6.2 If we are unable to take the repayment of any advance and/or any transaction fees for whatever reason, which could include as an example: because there are insufficient funds in your next payslip, we may contact you directly to arrange the repayment back to us. In the event that this clause is triggered, we reserve the right to suspend your use of the Service until such time as all payments due to us are repaid in full. 

6.3 If we are unable to collect payment from you after a reasonable period of time we reserve our right to refer your late payment to our debt collectors. We may provide details of your late payment or failure to pay us to credit reference agencies, who may update your credit record accordingly. This may affect your credit rating and may make it more difficult for you to obtain credit in the future.

6.4 You agree not to allow or to place any lien or security interest of any sort on your pre-paid earnings that could affect our ability to make our deductions and you confirm that you have not sold, pledged, assigned or encumbered your pre-paid earnings.

7. Ending your use of the Service

7.1 You can deactivate your Account at any time by contacting your employer.

7.2 Once your Account is deactivated we will stop your access to the Service. 

7.3 Any deactivation will not relieve you from making any repayments or paying us any transaction fees owed to us and you agree to remain liable for any charges, fees, fines and other losses caused by you prior to the deactivation date.

7.4 We reserve the right to suspend or terminate your use of the Service or decline transactions where:

(a) we become aware of any suspicious or high-risk activity connected with your Account, or a particular transaction or series of transactions;

(b) we are concerned about the security of your Account or access to it;

(c) we discover that any information you have provided to us is false or incorrect;

(d) you are engaged in fraudulent acts, money laundering, terrorism financing or other illegal activity or we reasonably suspect the same;

(e) you break an important provision in these terms of use or repeatedly break any provision in these terms of use and fail to resolve the matter in a timely manner; or

(f) we reasonably believe that there is a need to do so; or

(g) your employer’s contract with us has been terminated for whatever reason. 

8. Termination

8.1 Termination of these Terms of Use or ending of your use of the Service, for any reason shall be without prejudice to any accrued rights, obligations or liabilities of either party, existing at that time including but not limited to the payment of all amounts owed including, for the avoidance of doubt, repayment of any advances and/or transaction fees. In the event of termination of these Terms of Use for any reason each party shall remain responsible for all charges, fees, fines, and other losses caused by that party’s action or inaction prior to the date of termination and the parties shall fulfil any provisions of these Terms of Use that extend beyond the end date.

9. Errors and Declining a request

9.1 If, due to an operational error, we pay you an amount that you did not request or if we pay you more than the amount that was approved you hereby give us express permission to remedy such error on your next pay day or at the next available opportunity when funds come into your e-Money account. We agree to provide you with notification prior to debiting your account under this Clause.

9.2 If no further funds are paid into your e-Money account you agree to repay any advances and transaction fees owed to us at your earliest convenience and in any event not less than 60 days from the date that the advance was taken.

9.2 If you wish to dispute any payment amount you must contact us immediately providing full details of your claim.

10. Intellectual Property Rights

10.1 All intellectual property rights (registered or unregistered) in the Service, and in any third party service that we use to provide the Service, including but not limited to patents, copyright, trademarks, and trade secrets, throughout the world belong to us (or our licensors and suppliers and business partners).

10.2 We hereby grant you a non-exclusive and non-transferable license to use the Service as permitted under these Terms of Use. You must not modify, reverse engineer, create derivative works from, or disassemble the Service; or register, attempt to register, or claim ownership in the Service or in any Openwage IPR.

10.3 The rights in the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service or any third party service we use to provide the Service, other than the right to use them in accordance with these terms of use.

10.4 We would welcome any feedback or suggestions you have about the Service. Where you provide us with such feedback and/or suggestions you agree that all rights in such feedback and/or suggestions will automatically transfer us. 

11. No Unlawful or Prohibited Use

11.1     You represent, warrant and agree that you will not, and that you will not encourage or knowingly allow others to:

(a)    use the Service for an unlawful purpose, or for a purpose that is inconsistent with or prohibited by these terms of use;

(b)    license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service;

(c)    use the Service in a way that could damage, disable, overburden, or impair the Service, or the servers or networks connected to or on which the Service relies, or violate the regulations, policies or procedures of such networks;

(d)   obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service;

(e)    upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;

(f)    access the Service by any means other than through an interface provided by us for use in accessing the Service;

(g)    use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service;

(h)    attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service; or

(i)     access the Service in order to build a similar or competitive website, product, or service.

12. Limitation of Liability

12.1 Neither party excludes or limits its liability for death or personal injury caused by its negligence or its liability for fraud.

12.2 Subject to clause 12.1, our liability for any claims, demands, damages, costs (including legal costs) and expenses resulting from any tortious act or omission and/or breach of these terms of use shall not exceed an amount equal to 125% of the total amount paid or payable in respect of the Service in the preceding twelve (12) months that is the subject of a claim.

12.3 You agree to indemnify and defend us (including our affiliates, employees, contractors, and third-party service providers) against any losses arising out of or relating to claims, proceedings, suits, or actions brought by or initiated against us by any third party due to your breach of these Terms of Use.

12.4 Neither party shall be liable for any loss of revenues, loss of profits, business interruption, loss of or damage to data, or indirect and consequential loss. 

12.5The Service is for domestic and private use only. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.6 We will not be liable for any delay or interruption to our Service caused by an event outside of our control, however, we will take steps to minimise the effect of the delay wherever possible. 

12.7 We do not accept any liability for any loss or damage suffered as a result of a breach by you of these terms of use or if a third party accesses your Account due to your inability to prevent such an event from happening.

12.8 Third party services that are both separate to or those that form part of the Service are not provided or controlled by us and we do not accept any responsibility or liability arising from such third party services.

13. General

13.1 These terms of use are governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.

13.2 We may exercise any right of set off, abatement or counterclaim against amounts owed to us by you. 

13.3 If any provision of these terms of use is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions shall continue in full force and effect.

13.4 The failure to exercise or delay in exercising a right or remedy under these terms of use shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy under these Terms of Use shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.  

13.5 These terms of use are personal to you. You shall not assign or novate any of you rights or obligations under these terms of use. 

13.6 These terms of use supersede all prior agreements, arrangements and understandings between us and constitute the entire agreement between the us relating to the subject matter hereof

13.7 In accordance with section 1(2)(a) of the Contracts (Rights of Third Parties) Act 1999, the parties intend that no provision of these terms of use may be enforced by a third party.

These terms apply from August 17th 2021. 

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