- Your employer, (hereafter referred to as “Employer” or “your Employer”) wishes to make the Employee Benefit available to you.
- The expression “Employee Benefit” means a benefit whereby eligible employees may, through the Hastee App: i) request that they receive part of their accrued salary or wages for immediate payment rather at the next scheduled Pay Day and;
- ii) receive bespoke financial education content in the Hastee
- Your Employer has engaged Hastee and/or an Affiliate under a separate contract (the “Client Contract”) to make the Employee Benefit available to You may access the Employee Benefit via the Hastee App. For the purpose of these terms (“Terms”), “us“, “we” or “our” refers to the entity or entities with whom your Employer has contracted in the Client Contract, being Hastee and/or an Affiliate as appropriate.
- These Terms constitute a legal agreement in relation to your use of the Hastee App between: i) you (“you“); ii) Hastee Technologies HR Ltd, a company incorporated in England & Wales (registration number 14155527) of C/O Browne Jacobson LLP, 15th Floor 6 Bevis Marks, Bury Court, London, United Kingdom, EC3A 7BA (“Hastee”, “Licensor”) and, to the extent applicable, iii) such Relevant Affiliate as is specified in the Client Contract with your Employer in relation to your use of the Hastee
- Your Employer is also party to these Terms for the sole purpose of you and your Employer entering into a binding contract with you as described below in clause
- You are currently subject to a contract of employment or a service agreement with your Employer. Your Employer has entered into a Client Contract with us to provide it with services to enable your Employer to provide the Employee Benefit to
- By accessing the Hastee App, you acknowledge that you have the legal capacity to act for and bind yourself to these Terms. If you do not agree to these Terms you must not use the Hastee App and we will not license or make available the Hastee App to you.
- Should you require any support in connection with the Hastee App or wish to make a complaint, please contact: firstname.lastname@example.org.
- You should think carefully about whether receiving your Accrued Salary early is right for your individual financial Receiving a proportion of your Accrued Salary before the relevant Pay Day may be appropriate for short-term financial needs but may not be appropriate if you are in financial difficulty or for longer term financial management. Please ensure that you consider your ability to pay key bills when deciding to request Withdrawal payments via Hastee.
Accrued Salary: means at any time, for each Payroll Period, salary, wages or fees which have accrued up to that point in time and which are contractually due and payable by your Employer to you on the corresponding Pay Day.
Additional Information: means the Personal Data which may be provided to us by your Employer in relation to you as a Registered User to enable you to access the Employee Benefit, including:
- if you are a Contingent Employee – upon completion of work done, time and attendance data in relation to that work;
- the date you became an Employee – if you are a new joiner that they want to add to the Employee Benefit;
- engagement and termination date – in the event you are (or are shortly to) become an Employee of or no longer be employed or engaged by the Employer; and
- any other information necessary for Hastee to provide the Services and make the Employee Benefit available to
Affiliates: means in respect of Hastee, any entity that directly or indirectly Controls, is Controlled by, or is under common Control with Hastee.
Aggregate Available Balance: has the meaning given to it clause 5.5.
Available Balance: means, at any time, for each Registered User and for each Payroll Period (i) Accrued Salary x Maximum % minus
(ii) the aggregate of Withdrawals deductible by the Employer from the Accrued Salary payable to the Registered User on the corresponding Pay Day.
Basic Information: means the Personal Data in relation to you that, as set out in the Client Contract: i) was provided to us by the Employer before you became a Registered User to enable us to send you an Email Invitation; or ii) will be provided by the Employer to us after you have become a Registered User; to provide you with access to the Employee Benefit, including: your first name; last name; title; email address; any identification number given to you by your Employer; your status as a Salaried Employee or Contingent Employee; your salary (if you are a Salaried Employee) or your hourly rate (if you are a Contingent Employee).
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Charge: means the pricing structure and charges relating to the provision of Withdrawals.
Contingent Employee: means an Employee for whom payment of wages or fees in any Payroll Period is contingent on the work performed for the Employer (which may be measured by hour, day or otherwise) or the services provided to the Employer in that Payroll Period.
Control: shall be as defined in section 1124 of the Corporation Tax Act 2010.
Cut-Off Time: means, for each Payroll Period, the latest time and date on which a Registered User may make a Withdrawal Request with respect to the Accrued Salary for that Payroll Period.
Data Protection Laws: means any and all Applicable Laws relating to the processing of Personal Data and privacy applicable to the performance of any Client Contract, including applicable guidance and codes of practice issued by the UK Information Commissioner or any other supervisory authority, and including to the extent applicable, the Data protection Act 2018, the Regulation of Investigatory Powers Act 2000, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and the GDPR, as amended or superseded from time to time.
Device: has the meaning given to it in clause 3.1.
Email Invitation: means an email sent by Hastee or an Affiliate of Hastee on behalf of your Employer, providing information on how to access the Employee Benefit via the Hastee App and providing each recipient with a unique access code or link to allow them to register an account on the Hastee App.
Employee: means the officers, employees, workers or contractors whether they be employed or otherwise contracted by the Employer.
Employer Provided Data: means such Personal Data as is required for us to make the Employee Benefit available to you, including the Basic Information and the Additional Information.
Financial Education Content means any information posted within the financial education section of the App.
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC, and any legislation which amends, re-enacts, replaces or supplements it and any applicable national legislation that amends, re-enacts, replaces or supplements the GDPR in England as a consequence of the withdrawal of the United Kingdom from the European Union and the domestic data protection laws which apply to the Parties.
Hastee App: the Hastee mobile application for Android, iOS or any other operating system or web app or website made available by Hastee to In-Scope Personnel as may be updated from time to time, which can be used by In-Scope Personnel to access the Employee Benefit.
Hastee Technology: means the Hastee App and any other website, domain, API, connector, code, and/or software which you and/or
your Employer are granted access to by Hastee pursuant to these Terms and the Client Contract respectively.
In-Scope Personnel: means those Employees of your Employer to whom your Employer wishes to make the Employee Benefit available.
Intellectual Property Rights: means patents, rights to inventions, copyright and neighbouring and related rights, trade marks, business names and domain names, rights in get-up and goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Introductory Email: means an introductory email from the Employer to In-Scope Personnel advising them of the Employee Benefit, Financial Education Series communications and of our appointment as a service provider for the Employee Benefit and that; they should expect an Email Invitation.
Maximum %: means, for each member of the In-Scope Personnel, the maximum percentage of Accrued Salary that the Registered User may receive as a Withdrawal pursuant to a Withdrawal Request. The Maximum % may not exceed 50% of Accrued Salary and any amendment to the Maximum % will only take effect from the start of the next Payroll Period immediately following such notification.
Pay Day: means, for each Payroll Period, the date on which your Employer pays its In-Scope Personnel.
Payroll Period: means a period, be it weekly, monthly or otherwise, for which your Employer calculates and processes the salaries, wages or other applicable amounts to be paid to its In- Scope Personnel.
Personal Data: has the meaning given to that term in the Data Protection Laws.
Processor: means a processor as defined in the Data Protection Laws.
Registered User: means any Employee who has registered a User Account with us.
Registration Code: a time-limited, unique registration code or link provided to In-Scope Personnel by us on behalf of the Employer in an Email Invitation which allows them to register a User Account on the Hastee App.
Registration Data: means the Personal Data you provide upon creating a User Account or making a Withdrawal Request and which includes: your email address, mobile phone number, login details and bank account information.
Relevant Affiliate: means the Affiliate with whom your Employer has entered into a Client Contract, either solely, or in addition with Hastee.
Salaried Employee: means an Employee who has a fixed salary.
Transactional Emails: has the meaning given in clause 9.3.
Use Data: means such Personal Data as is gathered by the Hastee Technology as a result of use by a Registered User of the Technology, including but not limited to transaction data, use of the Hastee App, Registration Codes, location data and check-in or check-out times.
User Account: means the account created by you when registering on the Hastee App pursuant to clause 4; being the secure online area of the Hastee App which contains information about you and your relationship with us.
User Feedback: has the meaning given in clause 10.1.
Virus: any thing or Device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.
Withdrawal: means a payment in respect of Accrued Salary to you as a Registered User pursuant to a Withdrawal Request.
Withdrawal Request: means a request for a Withdrawal by you as a Registered User using the Hastee App.
- General Provisions
- These Terms:
- form part of the Client Contract and are acknowledged and accepted by your Employer; and
- apply to your use of the Hastee
- We keep these Terms under review and may change or update them from time to We will post such changes or updates on the Hastee App and you will be required to read and acknowledge the updated Terms the next time you log in to the Hastee App, in order to continue using the Hastee App and to make further Withdrawal Requests. If we make material amendments to the Terms, we will draw this to your attention by way of a prominent notice on the Hastee App or website and/or where required notification by email to you directly. Your continued use of the Hastee App will signify your acknowledgement of such Terms.
- From time to time updates to the Hastee App may be issued through the App Store. Depending on the update, you may not be able to use the Hastee App until you have downloaded the latest version of the Hastee App and accepted any new
- We reserve the right at any time, without liability of any kind and in our absolute discretion to (i) change, suspend, restrict or disable your access to the Hastee App and/or (ii) alter the scope, functionality or contents of the Hastee App with or without notice to
- These Terms:
- We reserve the right to remove your content, delete your User Account or suspend, restrict or disable your access to the Hastee App without notice at our sole discretion from time to
- The Hastee App may contain links to third-party websites (“Third-Party Sites“). Third-Party Sites are not under our control and we are not responsible for and do not endorse their You will need to make your own independent judgement regarding your interaction with any Third-Party Sites, including the purchase and use of any products or services accessible through them. We shall have no liability to you in connection with any Third-party Sites.
2. Your Personal Data
- Further to our performance of the Client Contract, in order to make the Employee Benefit available to you, we require certain Personal Data applicable to you. Specifically, we require:
- your Employer to provide the Employer Provided Data to us; and
- you to provide the Registration Data to
- You agree to our processing:
- the Employer Provided Data; and
- the Registration Data and/or Use
3. Grant and Scope of Licence
- not a commercial licence – you can only access and use the Hastee App for your own personal, non- commercial uses (i.e., not for your business);
- non-transferable – you can’t pass this right to
- non-exclusive – other people can access and use the Hastee App;
- revocable – we have the right to remove your ability to use the Hastee App in accordance with these Terms; and
- limited – the licence does not extend beyond what has just been described above.
- Your right to access and use the Hastee App and related services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Hastee App for lawful
- Your access and use of the Hastee App may be interrupted from time to time for any of several reasons, including the
malfunction of equipment, periodic updating, maintenance or repair of the Hastee App, or other actions that Hastee, in its sole discretion, may elect to take. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Hastee App.
- We reserve all other rights.
4. Account Creation
- In order to use the Hastee App, you must create a User Account by:
- entering the Registration Data to the Hastee App as is requested in the User Account set up process;
- accepting these Terms;
- acknowledging that your Employer will supply Additional Information to us;
- accepting the App Store Rules; and
- acknowledging the Hastee Privacy
- In order to use the Hastee App and activate your User Account, you must provide certain information about yourself as prompted by the User Account verification form you will access through the link sent to your email address by us. You agree and understand that you are responsible for maintaining the confidentiality of the combination of your login ID and password, together with any profile information (including, as applicable, your name, mobile number or other contact information), Registration Data and one time unique registration code which together allow you to access the Hastee App and create a User
- Accurate records enable us to provide our services to you. You must provide us with true, accurate, current, and complete information about your accounts maintained at third party bank accounts or other sites, and you may not misrepresent any bank account information. If you do not do this, the accuracy and effectiveness of the services provided to you pursuant to these Terms will be affected. For the avoidance of doubt, the Hastee App and/or your
User Account is not a bank account or an electronic money account or any other sort of payment account.
- In order to allow you to use certain services on the Hastee App or to support you in any support requests you make, we may be required to verify your identity. You authorise us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to confirm your worker or payroll identification number or to take steps to confirm ownership of your email If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Hastee App. If you have reason to believe that your Registration Data or a Device that you use to access the Hastee App and/or User Account has been lost or stolen, you identify any erroneous transaction or unexpected activity on your User Account, that someone has gained access to your User Account without your permission, or that an unauthorised transaction has occurred, you must notify us and your Employer IMMEDIATELY at support@Hastee.co.uk.
5. Accrued Salary and Available Balance
- In each Payroll Period, if you as a Registered User are:
- a Salaried Employee, your Accrued Salary will increase on an accrual basis as determined by your Employer; and
- a Contingent Employee, your Accrued Salary will increase each time your Employer updates Hastee with respect to work completed since the previous Pay
- The Available Balance is the maximum amount you may request as a Withdrawal at any It is calculated separately for each Payroll Period as (i) Accrued Salary x Maximum % minus (ii) the aggregate of Withdrawals deductible by your Employer from the Accrued Salary payable to you on the corresponding Pay Day.
- The Maximum % is typically set at 50% but it may be changed by either Hastee or your Employer without notice to you, although it will never exceed 50%.
- Each Payroll Period has a separate Accrued Salary and Available The Available Balance will be set to zero for each Payroll Period at the Cut-Off Time.
- Depending on how your Employer processes its payroll, there may be Available Balances for two or more Payroll Periods, in which case the Hastee App will show you the sum of these Available Balances (the “Aggregate Available Balance”) and which Payroll Period each Available Balance relates
- If on any day there is a change to your Available Balance, the Hastee App will send a push notification to you advising you of your current Available Balance (or Aggregate Available Balance if applicable).
6. Withdrawal Requests, Withdrawals and Charges
- You may make a Withdrawal Request to receive a Withdrawal up to an amount equal to the Available
- We may accept or reject any Withdrawal Request in our absolute
- When making a Withdrawal Request, if there are two or more Payroll Periods with an Available Balance, either:
- where available, you may elect the Payroll Period to which the Withdrawal Request applies; or
- where no such election is possible or made, the Withdrawal Request shall apply to the earliest Payroll Period first and then to successive Payroll Periods in
- If you receive a Withdrawal for any Payroll Period, your Employer will deduct an amount equal to that Withdrawal from the Accrued Salary to be paid to you on the corresponding Pay Day.
- There may be a Charge payable to Hastee or the Relevant Affiliate (as specified in the Client Contract) for the provision of a
- Each time you make a Withdrawal Request the associated Charge, if any, will be disclosed to you and you will be required to accept the Charge prior to submitting the Withdrawal The Charge will be deducted from your Accrued Salary by your Employer on the corresponding Pay Day and paid to Hastee or the Relevant Affiliate (as specified in the Client Contract) on your behalf.
- Any indication provided on the Hastee App that funds may be available to Registered Users, is provided on a non- binding indicative basis
- Where we accept your Withdrawal Request, the corresponding funds will typically be credited to the bank account you specify in the Hastee App shortly thereafter. However, the timing of your receipt of cleared funds may vary depending upon your banking arrangements and certain other factors. Moreover, we accept no liability for any delay or rejection of any payment of a Withdrawal by any third
- We will use reasonable endeavours to resolve any delay in payment of a Withdrawal. In the event of a rejection by a third party of the payment of a Withdrawal to you, we will cancel your Withdrawal Request and update your Available Balance and
- You acknowledge that you are fully responsible for your own financial planning decisions and that neither Hastee nor the Relevant Affiliate have provided any form of advice to you in connection with your use of the Hastee
- No third party (including your Employer) is entitled to act on our behalf and/or agree to any Withdrawal payment to you on our
- You confirm that you are not the target of any applicable UK, EU, or United States
7. Agreement with Your Employer
Employer does not warrant the accuracy of any Financial Education Content and is not liable for any reliance by you upon such content.
- If you make a Withdrawal Request you will simultaneously agree with your Employer that:
- the Withdrawal is payable to you (as part payment of your Accrued Salary) as soon as practicable rather than on the Pay Day for that Accrued Salary;
- the Withdrawal will be paid to you by Hastee (or such Relevant Affiliate as is specified in the Client Contract) on behalf of your Employer;
- your Employer will deduct an amount equal to the Withdrawal and any related Charge from the Accrued Salary that would otherwise be paid to you on the corresponding Pay Day and will pay such amount to Hastee (or such Relevant Affiliate as specified in the Client Contract);
- Where Hastee (or such Relevant Affiliate as specified in the Client Contract) pays a Withdrawal, this does not give rise to any debt between you and us and we will not have any recourse to you in the event that your Employer does not reimburse us for the Withdrawal or pay to us any related Charge; and
- You will not use the Hastee App in contravention of any applicable policies or procedures of your
8. Use of the Hastee App
- You are required to log in to your User Account to use the Hastee
- You are only eligible to make a Withdrawal Request via the Hastee App if:
- The Client Contract (between your Employer and Hastee and/or such Relevant Affiliate as is specified in the Client Contract) continues to be in place;
- You continue to be employed or otherwise contracted by the Employer;
- You are at least sixteen (16) years old;
- Your Employer deems you to be eligible for the Employee Benefit; and
- You have an Available
- In the event that any of the conditions in clause 8.2 are not met, you will still be able to use the Hastee App to view details of your transaction With regard to any termination of the Client Contract as referred to in clause 8.2(a), during any notice period relating to such termination, you will only be able to make Withdrawal Requests and receive payment of sums in satisfaction of Withdrawal Requests up to the effective date of termination of such Client Contract if agreed by us in our absolute discretion.
- You are responsible for the accuracy of the Registration Data; in particular, for ensuring that any bank account
information you provide is correct and for verifying such details as part of making a Withdrawal Request.
- You are responsible for all uses of your User Account whether by you or a third party. You should choose a strong password for your User Account and ensure that the details of your password and all other security credentials are kept confidential and secure at all
- Your User Account logs details of all your work reported to us by your Employer and your Withdrawal history. Please review your User Account If you identify any erroneous transaction or unexpected activity on your User Account, or you believe that the security of your User Account has been compromised, you must let us know as soon as possible.
- You agree to ensure that all information that you submit to us will be true and accurate in all respects. If you need help in changing your information, please email us at email@example.com. We are not responsible for any payment processing errors or other issues arising from your failure to keep your Employer updated so that your Employer Provided Data is current and accurate.
- When using the Hastee App on your Device, you acknowledge and agree that the Hastee App may operate in the background of your Device, which in turn may have an impact to the battery life of such Use of the location- related data functionality of the Hastee App will also decrease battery usage.
- It is your responsibility to ensure that your Device meets minimum operating requirements imposed by relevant web browsers or App Store
9. Transactional Emails, Promotions and Financial Education Series
- Your Employer has also requested that from time to time we send you emails containing financial education and advice pertaining to personal finance (the “Financial Education Series”). We are required to send these emails as part of our performance of the Client
- Promotional Content: When we send you promotional emails, push notifications and/or in-app notifications based on your consent or as permitted by applicable laws, you have the right to unsubscribe or amend your ‘in app’ preferences You also have the ability to unsubscribe to promotional e-mails by following the unsubscribe instructions in e-mails. Please allow us up to 10 Business Days to implement your request to unsubscribe. Note that even if you decide not to receive promotional communications, we will still send you Transactional Emails.
- From time to time, we may send non-commercial electronic email messages with important information about us, your Employer and/or the Employee Benefit, the Financial Education Series or the Hastee Technology to your email address (“Transactional Emails”). Please note that any opt- out will not apply to such Transactional
- We welcome any feedback or suggestions for improvements relating to the Hastee App and/or any other products and
services offered by us from time to time (“User Feedback“). To help gather User Feedback about the Hastee Technology and how well it works for our users, we engage to third party providers to conduct market reviews on our behalf. To do this we provide them with your first name, surname and email. They are only permitted to use this Personal Data to request a review from you for market research.
11. If you leave your current Employment
12. Licence restrictions
- Except as expressly set out in these Terms or as permitted by any applicable law, you agree:
- not to copy the Hastee App or any content on the Hastee App except to the extent such copying is incidental to the normal use of the Hastee App on a Device;
- not to rent, lease, sub-license, loan, translate, merge, or adapt the Hastee App or any content on the Hastee App;
- not to make alterations to, or modifications of, the whole or any part of the Hastee App or any content on the Hastee App, or permit the Hastee App or any part of it or any content on the Hastee App to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Hastee App or attempt to do any such thing;
- not to remove any copyright notice on any copy of the Hastee App;
- not to provide to any third party the Hastee App or any content on the Hastee App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
- to comply with all technology control or export laws and regulations that apply to the Hastee App; and
- we only supply the Hastee App for personal use to allow submission of Withdrawal Requests by you and, where approved by us, payment of Withdrawals to you by us on behalf of your You agree not to use the Hastee App for any other commercial or business purpose.
13. Acceptable use restrictions
- You must:
- not operate more than one User Account;
- not use the Hastee App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent
with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including Viruses, or harmful data, into the Hastee App or any operating system;
- not use the Hastee App in contravention of any applicable policies or procedures of your Employer;
- not infringe our Intellectual Property Rights or those of any third party through your use of the Hastee App, including by the submission or creation of any infringing material;
- not use, download, copy, share, modify or otherwise exploit the whole or any part of our intellectual property or that of our licensors (including, without limitation, the logos and trademarks of Hastee), without the express written consent of the owner of such intellectual property;
- not transmit any material that is defamatory, offensive or otherwise objectionable (as determined by Hastee) via or in connection with your use of the Hastee App;
- not use the Hastee App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hastee App;
- safeguard any password, pin and other security credentials you use to access the Hastee App or functions within the Hastee App;
- not disclose any password or pin you use to access the Hastee App and must notify us immediately upon becoming aware of the loss of your password or pin or any security breach or unauthorised use of the Hastee App effected using your password or pin or User Account or otherwise;
- not collect or harvest any information or data from the Hastee App or our systems or attempt to decipher any transmissions to or from the servers running any service via the Hastee App; and
- not provide false details to
- Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Hastee App shall be subject to these Terms, as amended or superseded from time to
- If we, in our sole discretion, believe that, you may have engaged in any activities restricted by these Terms or by law, we may take various actions to protect Hastee and/or the Relevant Affiliate, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
- we may close, suspend, or limit your access to your User Account or ability to use the Hastee App or related services;
- we may update inaccurate information you provided us;
- we may refuse to allow you to use the Hastee App or related services in the future;
- we may report you to law enforcement authorities;
- we may take legal action against you; and
- we may hold you liable to us for the amount of damages caused to us by your violation of these
14. Intellectual property rights
- You acknowledge that all Intellectual Property Rights in the Hastee App and the Hastee Technology anywhere in the world belong to Hastee or our licensors, that rights in the Hastee App are licensed (not sold) to you, and that you have no rights in, or to, the Hastee App or the Hastee Technology other than the right to use each of them in accordance with these
- You agree that you have no right to have access to the Hastee App in source-code
- You have no right to use any trademark, logo or trading name of Hastee for any purpose without our prior written
- If you submit any data whatsoever, including but not limited to Registration Data, Use Data, and Feedback (“Content“) to the Hastee App or to us you represent and warrant that you are the owner or licensee of the Content that you submit, that such Content does not infringe any third party intellectual property rights and that you have the authority to grant the licence in this clause 4. You grant to us a non- exclusive, worldwide, royalty-free, transferable, sub- licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, transfer, enhance and communicate such Content in order to provide the Hastee App to you and the Services to your Employer.
- You represent and warrant that: (i) you own or have obtained the rights to all of the Intellectual Property Rights subsisting in the submitted Registration Data and you have the right to provide the Registration Data and the license granted in these Terms to us to use such Registration Data as stated in the immediately preceding section above; and
- Save as expressly permitted by us in these Terms, you must not use the content on the Hastee App for any commercial purpose without obtaining written permission from us to do so first.
- You warrant to protect Hastee and/or the Relevant Affiliate from any claims directed against us and to indemnify and hold us harmless from third parties’ claims as a result of your violation of this clause
15. No warranty
- To the maximum extent permissible under applicable law, the Hastee App is provided “as is” and “as available”, with faults and without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, security or completeness of the Hastee App and its No oral or written information or advice given by us or our authorised representatives shall create a warranty. We do not warrant, represent or undertake that use and availability of the Hastee App will be uninterrupted or error- free.
- To the maximum extent possible under applicable law, no warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of satisfactory quality or fitness for a particular purpose, is made in relation to the Hastee App, and all implied warranties and conditions are excluded. If this exclusion is not permitted under applicable law, our liability in relation to any such warranty or condition shall in such case be limited to the greatest extent permitted by applicable law in accordance with the provisions of these The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Except as expressly set out in these Terms, and to the maximum extent permitted by applicable law:
- the Hastee App, services, information, data, features, and all content provided by Hastee are offered and made available on an “as is” and “as available” basis;
- we make no representations or warranties of any kind, whether express of implied, as to the accuracy, reliability, completeness or operation, or continued availability of the Hastee App, any content on the Hastee App and/or any related services;
- the Hastee App, or any feature or part thereof, may not be available in all languages or in all countries and we make no representation that the Hastee App, or any feature or part thereof, is appropriate or available for use in any particular To the extent you choose to access and use the Hastee App, you do so at your own initiative and are responsible for compliance with any applicable laws;
- we make no representation, warranty, or guarantee, whether express or implied, that the content that may be available on or via the Hastee App or related services 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;
- we make no representations or warranties of any kind, whether express of implied, as to the accuracy of any Financial Education Content. The information relating to financial products and services is not generated by Hastee or your Employer and you agree that neither Hastee nor your Employer shall have any liability to you or any other person in respect of your reliance upon
- You acknowledge that the Hastee App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Hastee App meet your
- Neither Hastee nor any Relevant Affiliate are responsible or liable 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 Hastee App itself, or for regulatory purposes);
- your Employer not having enough funds held with us to facilitate the payment to your bank account;
- any loss or damage suffered by you or a third party in reliance on the Financial Education
- The Hastee App is not intended to provide legal, tax, or financial advice. Neither Hastee nor any Relevant Affiliate is a financial planner, broker, or tax 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 Registration Data. Any information made available through the Hastee App will only reflect the information that was most recently uploaded to the Hastee App by your employer, and as such, may not reflect activity that occurred after your employer’s last update of the Hastee App or any pending Please contact your Employer in case of inaccuracy of any information made available through the Hastee App, including information related to worked hours and Accrued Salary.
17. Limitation of liability
- Nothing in these Terms shall limit or exclude a party’s liability for:
- death or personal injury resulting from negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English
- To the maximum extent permitted by applicable law, we accept no liability to you:
- save for any Withdrawals that we agree to make to you on your Employer’s behalf, for any salary, fee or benefit due to you from your Employer, which shall be the sole responsibility of your Employer;
- for any unauthorised use of your User Account resulting from your failure to maintain the confidentiality or security of your Registration Data or failure to use a strong password;
- for any loss or damage suffered by you as a result of your provision to us of incorrect Registration Data or any failure on your part to verify any Registration Data;
- for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with our provision of services to your Employer such that you may access the Employee Benefit;
- for any losses arising from financial and tax implications arising from your use of the Hastee App and the Employee Benefit; and
- for any business losses, including loss of profit, loss of business, business interruption, loss of goodwill, or loss of business
- Subject to clause 17.1, our total liability to you under or in connection with these Terms (whether in contract, tort including negligence or otherwise), excluding our liability to make any Withdrawal that we agree to make to you on your Employer’s behalf, shall not exceed in aggregate the greater of:
- the value in pounds sterling of the Charges received by us in connection with any Withdrawal(s) made to you in the twelve (“12”) months preceding the date on which any claim is issued; or
- b) £500.
18. Representations and Warranties
- You represent and warrant to Hastee that:
- you acknowledge that the Hastee App has not been developed to meet your individual requirements;
- that all Registration Data provided to us is true and accurate in all respects; and
- you have taken your own advice on the financial and tax implications of accepting any Withdrawal and we shall have no liability for any such financial or tax
- You agree to defend, indemnify and hold Hastee, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:
- any Registration Data you submit, post, transmit, or otherwise make available through the Hastee App;
- your use of the Hastee App;
- any violation by you of these Terms;
- any action taken by Hastee as part of its investigation of a suspected violation by you of these Terms or as a result of its finding or decision that a violation of these Terms by you has occurred; or
- your violation of any rights of
- Clause 18.2 means that you cannot sue Hastee, its Affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Registration Data, to warn you, to suspend or terminate your access to the Hastee App, or to take any other action during the investigation of a suspected violation or as a result of Hastee’s conclusion that a violation of these Terms has
- The waiver and indemnity provisions in clauses 2 and 18.3 apply to all violations described in or contemplated by these Terms. This obligation shall survive the termination or expiration of these Terms and/or your use of the Hastee App.
19. Payment Error
- Where you are overpaid as a result of an error on our part, we reserve the right to treat the amount of such overpayment as a Withdrawal to the extent you have Accrued Salary from any current or future Payroll
- We shall not levy any Charge with respect to:
- an overpayment treated as a Withdrawal pursuant to clause 1; or
- any payments of a Withdrawal to you which are rejected by us or any of our sub-processors.
- We may terminate these Terms and/or any licence granted under these Terms at any time in our absolute discretion. If you breach any provision of this these Terms, any such licence shall automatically terminate.
- We may restrict your access to the Hastee App at any time in our absolute
- Clauses 1-4, 7-10, 12-24 (inclusive) shall survive any termination of these
21. Communication between us
- If you wish to contact us in writing, or if any provision in these Terms requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org.
- If we wish to contact you or give you notice in writing, we may do so by e-mail to the address you provide to us in connection with your User
- Information about the European Commission’s Online Dispute Resolution platform is available at http://ec.europa.eu/odr.
22. Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
- If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, our
obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
23. Other important terms
- We may assign our rights or transfer our rights and obligations under these Terms to another
- You may not assign, subcontract or transfer your rights and/or obligations under these Terms to another person.
- These Terms may not be amended other than by us in accordance with clause 2.
- If we fail to enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by
- Each of the provisions of these Terms operates If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
- These Terms do not confer any rights on any person or party pursuant to the Contracts (Rights of Third Parties) Act 1999. The parties may amend and terminate these Terms without the consent of any third
24. Appstore requirements
- Your use of any application we provide is also governed by:
- Apple Media Services Terms and Conditions for your applicable jurisdiction, available here: http://www.apple.ie/legal/internet-services/itunes/
- Android Appstore Terms and Conditions for your applicable jurisdiction, available here: https://www.google.com/mobile/android/market-html, or such
or and updates as issued to such terms above from time to time.