Last Revised: 25.05.2020
The present Terms & Conditions constitute a legal agreement between EarlyWage and the User.
The company Tamga Finance S. L. (hereinafter “We”, “Us”, “Our”), registered in Spain registration number B87796801, legal address Calle Ribera de Loira 46, Madrid, España (28042).
By accessing and using Our services, the User agrees to be bound by the present Terms & Conditions. If the User decides to withdraw his/her consent to be bound by the Terms & Conditions, he should stop using our services immediately.
We reserve the right to amend the present Terms & Conditions at any time. All of the latest amendments will be done to the present Terms & Conditions and the Last Revised date will be updated. Please refer to the top right corner to see the latest version date. By continuing to use Our services after the publication of changes, the User accepts and becomes bound by the changes.
“Our Services” – Includes all services associated with EarlyWage, Our website and all devices and applications that link to the present Terms and Conditions;
“Employer” – a person or a company that provides a job paying wages salary to the User;
“Wages” – wages that are payable, but not paid yet, for the work that has been performed by the User.
“On-demand wages” – the amount of accrued wages requested to be paid. This amount shall not exceed 40% of Wages.
- Permission to use Our services
By registering a personal account with Us, the User confirms and guarantees that:
(1) he/she is over 18 years of age or has reached the age of maturity to enter into agreement in accordance with applicable law,
(2) is a natural person who has full legal capacity and authority to enter into this Agreement,
(3) does not have a suspended or blocked Personal Account,
(4) does not currently have an existing Personal Account,
(5) is not a US citizen.
- Registration of personal account
In order to register a personal account with Our services the User shall provide:
(1) Phone number
(2) Full name
(3) Date of birth
The User agrees to provide full and complete information when registering an account with Us. The User agrees to provide any additional information required for the provision of Our services.
The User agrees to update his personal information if necessary, through Our application or by contacting Our support team.
During the registration the User will be asked to provide his personal mobile phone number, after its confirmation, the User will have to provide additional details such as full name, date of birth and e-mail address.
We will not be responsible for any transaction errors, additional fees and other issues that have occurred due to the inaccuracy of the information provided by the User or failure to update the information by the User.
The User shall immediately contact our support team if he believes that his account information, including but not limited to, his/her login details have been compromised or stolen. This shall also apply in cases when the device used to access Our services is stolen or another individual is using the account of the User without permission.
- Full access to our Service
After the registration the User will have limited access to our service.
In order to receive full access to our service, including On-Demand wages, we may require the User to pass additional verification. This may be in the form of inquiries. The User authorizes Us to make such inquiries in order to verify his/her identity. Such inquiries may constitute in asking the User for additional information, confirmation of mobile number and e-mail address ownership, requesting third party databases and other sources to provide information about the User.
The User will also have to grant access to his debit account and the transaction history through the service “gocardless” https://gocardless.com and “saltedge” https://www.saltedge.com.
The User should be aware, that refusal or failure to provide additional information allows Us to refuse to allow the User to use Our Services.
By providing Us with the above information, which includes data, passwords, usernames, PIN’s and other user account information the User provides such information solely for the purpose of providing Our Services to the User. We may use and store the content solely for the purpose of providing Our Services.
The User authorizes us to access his/her information and use it for the purpose of configuring our Services and accessing third party sites necessary for the provision of Our Services to the User. The User consents to provide Us with a limited power of attorney for the purpose of performing each thing necessary to provide Our Services to the User.
In case where the User decides to withdraw his/her authorization granted to us for the purpose of providing our Services, the user shall immediately inform us of such a decision and stop using our Services.
After such a decision, the User will no longer be able to use our Services, unless he provides her/his authorization once again.
- Changes to personal information
The User will be able to change his personal information through our application; however, the user will have to pass additional verification in order to change the phone number and e-mail. In order to change the debit account, the user will have to contact Our support team.
- On Demand Wages
After receiving full access to Our Services, the User will be able to request his/her on-demand wages.
On the first time of using our Services, the User will be able to request his/her on-demand wages only 1 time before his next monthly wage payment and the successful repayment of the on-demand amount requested. The amount of this payment is static and depends on the level of his/her wage.
After first successful transaction the User will be granted a specified limit on requests for his/her on-demand wages. This limit depends on the level of his/her wage and his/her rating in Our system. This limit shall not exceed 40% of his/her monthly wage. The User will be free to request payments of his/her on-demand wage within this limit. The User is allowed to request multiple on-demand wages payments, subject that such payments altogether do not exceed the established limit.
The Users rights is personal and non-transferable. The User may access Our Services only for lawful purposes.
Upon the User’s receipt of on-demand wages, the user or We on your behalf, will notify your Employer that you have received on-demand wages to your debit account. This notification constitutes an acknowledgement that the User has received a part of his/her Wages in the amount equal to his/her request and Our fee, it also means the Users authorization for the Employer to withhold this amount from your next wages.
When the User receives his on-demand wages to his debit account, he/she acknowledges that he/she has fully received his wages in the amount equal to on-demand wages and our fee.
If the User receives his/her on-demand wages from Us but notifies his/her Employer that he/she has not received any portion of his/her wages through the use of Our Services, this may be constituted as fraud and will be reported to the responsible Government Authority.
If the User receives his/her on-demand wages from Us but requests his/her financial institution, where his/her current account is opened, to block the transaction constituting our fees, this may be identified as fraud and will also be reported to the responsible Government Authority.
The User consents not to withdraw any authorizations granted to us, while using Our Services. The User may only withdraw his authorization when the User has not requested any on-demand wages, the requested on-demand wages are full paid, all fees owned to Us are paid.
We use a number of factors when determining the Users earned wages. This may include, but are not limited to, the internal rating of the User, your occupation, information about your employer and the regularity of payment of your wages. Sometimes, we may incorrectly determine this amount, and the User may receive a smaller or bigger amount of on-demand wages available. If this happens, the User consents that such amounts shall be deducted from next wages. If the amount creates a financial issue for the User, the User shall immediately contact our support team. As a result, the user will not face any additional fees or amounts.
- Our Fees
The User will be charged a fixed fee, indicated at the time he/she requests on-demand wages. This fee will be charged at the moment the User received paid his/her on-demand wages to the indicated debit account.
This fee is charged for using Our Services and is associated with the costs of processing the User’s request.
This fee is not dependent on the amount of on-demand wages the User decides to request. The User will incur the fee for each request he/she makes.
We advise Users to plan their requests beforehand, as multiple requests for lower amounts would amount to more fees payable, compared to one request on a bigger amount.
We do not charge any additional fees for using Our Services.
- Electronic Communication
The User understands and provides his consent to be bound by the present Terms and Conditions. The User consents to receive certain categories information from Us by electronic means, including but not limited to, mobile number, e-mail, mobile device, application, website.
The User agrees that We can provide information in paper format, but We are not bound to do so.
- Access to the service and modifications
We attempt to provide the User with access to our service for most of the time, however, the access may be interrupted for a number of reasons, including but not limited to, updates, maintenance, repairs and equipment issues.
We shall not be liable to any party for any costs, loses or damages as a result of being unable to access Our services.
We also reserve the right to modify and discontinue temporarily or permanently the provision of Our Service. We will attempt to provide the User with prior notice; however, we reserve the right to take perform the actions above without prior notice.
We also reserve the right to modify Our Services and change the applicable fees at any time, at our sole discretion. We shall notify the Users of such changes. If the User continues to use our services after such notification, this will constitute his agreement to be bound by such new changes. We shall not be liable to any third party for any modifications or changes.
- Prohibitions and lawful use
The User guarantees that he will not use Our Services for any unlawful or prohibited purpose:
- He/she will not attempt to receive wages they are not entitled to or do not have rights for;
- He/she will not use Our Services in the manner that could damage or disable our Services;
- He/she will not attempt to access Our services other than by the intended means through the application or the website;
- He/she will not attempt to modify or by any other means change Our application or website.
In case, we believe that the User has violated any of the provisions of the present Terms and Conditions or the applicable law, we may take action, including but not limited to:
- Closing, suspending or limiting access of the User to the account and Our Services.
- Refuse to allow future access to registration and use of Our Services.
We may also hold the User liable for any damages as a result of the User’s violation of the present Terms and Conditions.
We reserve the right to cancel the Users access for any reason at any time without prior notice.
OUR SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF OUR SERVICES. THE USER EXPRESSLY AGREES THAT HIS/HER USE OF OUR SERVICES IS AT HIS/HER SOLE RISK.
WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON OUR SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM 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 SYSTEM, DATA, OR PERSONAL INFORMATION.
WE DO NOT AND OUR SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
We do not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Information. Any information made available through the Our Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.
- Limitation of Liability
WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, OUR SERVICES, USER’S USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON OUR SERVICES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE USERS GIVES CONSENT TO DEFEND, INDEMNIDY AND HOLD US HARMLESS, OUR OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES.
12 Intellectual Property
All of the content available in relation to Our Services, including all and any materials, text, information, data, content, names, trademarks, logos, designs, interfaces, databases and any other intellectual property of any kind is owned exclusively by Us.
The User undertakes an obligation not to reproduce, reprint, publish, modify, distribute, display, transmit, license or otherwise use the content or any other information from the site or application without prior written consent from Us.
- Governing Law and Dispute Settlement
The present Terms and Conditions and the relationship between Us and the User shall be governed by the law of Spain. Any dispute with Us, our officers, directors, employees and affiliates under the present Terms and Conditions shall be resolved by the relevant court of Spain.
Furthermore, the User agrees, with respect to any dispute with Us, our officers, directors, employees and affiliates, arising out of the User’s use of Our Services, to give up his/her right to have a trial by jury.
The User also gives up his right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.
- Final provisions
In the event that any part of this Agreement is held invalid or unenforceable, such invalidity shall not affect the other provisions of these terms and conditions, which shall remain in full force and effect.
The User agrees that if We do not exercise or enforce any legal right or remedy of which We have a benefit under the applicable law, this will not be understood as a waiver of such rights or remedies still available to us.
The User may not transfer or assign any rights to use the Services or any other rights and obligations under this Agreement.
This Agreement constitutes the entire agreement between Us and the User regarding the use of Our Services and supersedes all other previous agreements.