AnyDay (UK) Earned Wage Access Terms of Service

These Terms and Conditions of Service Agreement (“Agreement”) governs your access and use of the AnyDay Earned Wage Access service (“EWA Service”) provided by QRails Limited ("QRails", "our", "us", or "we") in cooperation with your employer.

PLEASE READ THIS AGREEMENT CAREFULLY.  

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1. ACCEPTANCE OF TERMS OF SERVICE.

By using the EWA Service, you agree that you have read, understood, and accepted this Agreement. In addition, you may only use the EWA Service and associated mobile app and website for their intended purpose and solely in accordance with this Agreement. Use of the EWA Service is subject to the AnyDay Privacy Policy, which can be found in the AnyDay mobile app.

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2. EARNED WAGE ACCESS SERVICE.

2.1 Earned Wage Access.  The Earned Wage Access (“EWA”) Service provides you with access to wages that you have earned but that have not yet been paid to you. The EWA is electronically deposited to your bank account which you have linked to your AnyDay app (“your linked bank account”). The EWA is recouped through payroll deduction taken from your next payment of wages. Use of the EWA Service requires you to download and agree to the terms of use for the AnyDay mobile app.

2.2 Eligibility. In order for you to be eligible for the EWA Service, your employer must participate in the EWA program and be in good standing at the time you request an EWA. By enrolling in the EWA Service, you are consenting to your employer sharing information with us necessary for us to provide the EWA Service. This information may include your name, address, mobile number, employee identification number, hourly rate of pay, timecard information, and bank account information. We will not run a credit check on you.

2.3 Requesting an EWA. In order to request an EWA, you must download and install the AnyDay mobile app (“App”). We will obtain information about your earned but unpaid wages from your employer. The App will display that information along with the amount of wages which are available for you to request as an EWA (“Available Earnings”). Generally, 50% of your earned but unpaid wages will be made available for you to access through the EWA Service. QRails or your employer may change your Available Earnings in order to comply with applicable law or for other reasons. Available Earnings will be based only on your earned but unpaid wages and will not be based upon any bonus, incentive pay, expense reimbursements or other amounts owed to you by your employer. You may request one or more EWAs during a pay period in any amount up to an aggregate amount of your Available Earnings. When you request an EWA, you must also authorize your employer to recoup the amount of the requested EWA and any EWA Fees from your next scheduled paycheck through payroll deduction. You will direct your EWA to be electronically transferred to your linked bank account.‍

2.4 Receiving Your EWA. If your requested EWA is approved, the amount of the EWA will be transferred to your linked bank account by faster payments or by BACS.

2.5 Transfer Fees. Your requested EWA will be transferred to your linked bank account by faster payments unless your bank does not accept faster payments in which case the transfer will be made by BACS. The transfer fee is £1.74 per transfer capped at £10.44 per month.

2.6 Repayment. On the date of your next regularly scheduled payday, your employer will deduct the total amount of your outstanding EWAs and any transfer fees from your paycheck. You may receive the entirety of your net wages on your regularly scheduled payday by not requesting an EWA.

2.7 Failure to Recoup EWA. We will not take action against you to collect an EWA that we are unable to recoup through payroll deduction in accordance with the terms of this Agreement. We will not engage in debt collection activities against you related to an EWA that is not recouped nor shall we place the debt with or sell the debt to any third party. We will not report non-payment to any consumer reporting agency.

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3. ADDITIONAL TERMS.

3.1 Transaction Monitoring.  The EWA Service may not be used for any fraudulent or illegal purpose, or to make requests for EWAs if you do not have sufficient Available Earnings.  We may monitor transactions for fraudulent or illegal activity.  If we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Agreement related to your use of the EWA Service, we may take appropriate steps to stop or prevent such activity and to recover the amount of any associated EWA.   We reserve the right to restrict, suspend or terminate your use of the EWA Service if we reasonably believe such action is necessary for legal or security reasons or otherwise to protect the EWA Service.

3.2 Information Validity.  If for any reason you suspect that the information being provided to us by your employer is incorrect, you must immediately notify us of the potential problem.  You agree not to request an EWA based on information which you know or suspect is incorrect.

3.3 Employer Disputes.  You agree that we may rely upon information regarding your earnings provided by your employer.  In the event of a dispute between you and your employer as to the amount of wages owed to you, you agree to resolve that dispute with your employer.

‍3.4 Identity Verification. In order to provide you with the EWA Service, we may be required to verify your identity. You authorize us to make any enquiries we consider necessary to validate your identity, including but not limited to [your unique employer ID], phone number and email verification, and other information we deem necessary. If you do not provide this information or we cannot verify your identity, we may refuse to allow you to use the EWA Service.

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4. DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE EWA SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS OR WARRANTIES IMPLIED BY LAW, STATUTE OR OTHERWISE ARE EXPRESSLY EXCLUDED.

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5. LIMITATION OF LIABILITY.

OUR LIABILITY AND THE LIABILITY OF OUR AGENTS IN CONNECTION WITH THIS AGREEMENT (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE) SHALL BE SUBJECT TO THE FOLLOWING EXCLUSIONS AND LIMITATIONS. NEITHER WE NOR OUR AGENTS SHALL BE LIABLE FOR ANY DEFAULT ARISING DIRECTLY OR INDIRECTLY FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO NORMAL PROCESSING DELAYS AND BANK DELAYS. NEITHER WE NOR OUR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE LOSSES. IF DUE TO OUR DEFAULT (1) YOU DO NOT RECEIVE AN EWA REQUEST WHICH HAD BEEN REQUESTED IN ACCORDANCE WITH THIS AGREEMENT AND WHICH HAS BEEN APPROVED (“APPROVED EWA”) INTO YOUR LINKED BANK ACCOUNT OR (2) A DEDUCTION HAS BEEN INCORRECTLY MADE FROM YOUR APPROVED EWA, OUR LIABILITY AND THAT OF OUR AGENTS SHALL BE LIMITED TO PAYMENT TO YOU OF AN AMOUNT EQUAL TO THE AMOUNT YOU DID NOT RECEIVE OR WHICH WAS INCORRECTLY DEDUCTED. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR OR OUR AGENTS’ LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR FRAUD OR NEGLIGENCE.
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6. MODIFICATIONS.

This Agreement may be modified by QRails at any time by updating and posting a new version on the App or website, or by otherwise notifying you of the revised Agreement. By using the EWA Service, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
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7. GOVERNING LAW.

This Agreement and your use of the Services shall be governed by the laws of England and Wales without regard to principles of conflicts of laws, and you agree to the exclusive jurisdiction of the courts of England and Wales.
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8. GENERAL.

8.1 You may not assign or transfer your rights and/or benefits under this Agreement without the prior written consent of QRails, such consent not to be unreasonably withheld. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.

8.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

‍8.3 No person who is not a party to this Agreement has a right to enforce any of the provisions of these Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply.

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