AnyDay (UK) Mobile App and Website Terms of Use

Last updated July 12, 2024

This Terms of Use govern your access and use of the AnyDay UK mobile app and website (each, a “Site”) owned and operated by QRails Limited  (“QRails”, “the Company”, “our”, “us”, or ”we”) including any content, functionality and services offered on or through such Sites (collectively, the “Services”).  QRails Limited is registered in England and Wales under company number 11329861 and our registered office is at 84 Ecclestone Square, London SW1V 1PX.

If you are a user of the AnyDay EWA Services, these Terms of Use do not modify the AnyDay Earned Wage Access Terms of Service which governs the use of your AnyDay EWA Service.  

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1. ACCEPTANCE OF TERMS OF USE.

By accessing, browsing, registering to use, or using a Site, you confirm that you accept these Terms of Use, that you agree to comply with them and that you are 16 years of age or older. If you do not agree to these Terms of Use, as evidenced by your electronic acceptance of them in the AnyDay UK mobile app, you must not use either Site. You may only use the Sites and the Services for their intended purpose and solely in accordance with these Terms of Use. We are not responsible for links to other websites or third-party resources that may be contained on the Sites, or the availability of these outside resources or their content. These Terms of Use will remain applicable even if you are presented with and agree to other terms from third parties on a Site or in connection with the Services.

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2. ACCOUNT REGISTRATION.

2.1 Registration.  To access a Site or some of the resources it offers, you may be asked to register to create a financial profile or account (“Account”). To register for an Account, you must provide us with correct, current, and complete information, and agree to promptly update such information. You must also create a username and password as your login credentials and keep the same secure. We will have no liability associated with or resulting from your failure to keep your login credentials secure or your failure to provide or maintain accurate account information.

2.2 Identity Verification.  In order to provide you with access to the Sites, Services and your Account, 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 employer payroll identification number, 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 Sites, the Services and your Account.
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3. INTELLECTUAL PROPERTY RIGHTS.

The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and all intellectual property rights therein are owned by or licensed to the Company and are protected by English and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not access or use for any commercial purposes any part of a Site or any Service available through a Site. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all such rights are reserved by the Company. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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4. PROHIBITED USES.

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to:

  • Use a Site or any Service in any way that violates any applicable national, or international law or regulation.
  • Use a Site or any Service in any way that is fraudulent or has any fraudulent purpose or effect (including by misrepresenting your identity, Account information or any information you submit to or through a Site.
  • Use a Site or any Service in a way which is not authorised by us or is detrimental to us or our third party service providers.
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of a Site, or which, as determined by us, may harm the Company or users of a Site or expose them to liability.
  • Establish a link from any site that is not owned by you.
  • Cause a Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of a Site other than the homepage.
  • Otherwise take any action with respect to the materials on a Site that is inconsistent with any other provision of these Terms of Use.
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • Create or use a false identity or email address.
  • Modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprising or making up a part of a Site or the Services, or attempt to do so.

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5. CONSEQUENCES OF BREACH OF THESE TERMS OF USE AND TERMINATION.

We may monitor and log user activity to identify any actual or potential misuse of our Sites. Failure to comply with these Terms of Use constitutes a material breach of these Terms of Use. If we have reason to believe that you have or are likely to use the Sites in breach of these Terms of Use we may take such action as we reasonably deem appropriate including taking legal proceedings against you. We reserve the right, without notice and at our sole discretion, to suspend or terminate your access to or use of any or all Site or Services, and to block or prevent your future access to and use of the Services for any reason. We may terminate, modify, or suspend any or all aspects of the Services at any time without notice to you. You agree that we shall not be liable to you for any such termination, modification, or suspension.
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6. DISCLAIMER OF WARRANTIES.

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH A SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS WARRANTIES, REPRESENTATIONS OF OTHER TERMS WHICH MAY APPLY TO THE SITES OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE ARE EXPRESSLY EXCLUDE.. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, COMPLETE, UP TO DATE , ERROR-FREE, OR UNINTERRUPTED. WE DO NOT GUARANTEE THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE WILL BE SECURE OR FREE FROM BUGS VIRUSES.
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7. LIMITATION OF LIABILITY.

OUR LIABILITY AND THE LIABILITY OR OUR AFFILIATES AND OUR AND THEIR EMPLOYEES, DIRECTORS OR AGENTS (“COMPANY PARTY”)IN CONNECTION WITH THESE TERMS OF USE (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE) SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS. NO COMPANY PARTY SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH (1) USE OF, OR INABILITY TO USE, THE SITES,OR (2) USE OF, OR RELIANCE ON, ANY CONTENT DISPLAYED ON A SITE. NO COMPANY PARTY WILL HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
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8. ASSIGNMENT AND THIRD PARTIES.

You may not assign any of your rights and obligations under these Terms of Service. The Company may assign its rights and obligations at any time without prior written notice to you and may sub-contract its obligations to a third party. Nothing in these Terms of Use is intended to confer on any person any right to enforce these Terms of Use which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
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9. WAIVER AND SEVERABILITY.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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10. MODIFICATIONS.

This Agreement may be modified by QRails at any time by updating and posting a new version on the mobile app or website, or by otherwise notifying you of the revised Agreement. By using the Sites or Services, 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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11. GOVERNING LAW.

This Agreement and your use of the Sites or Services shall be governed by the laws of England and Wales without regard to principles of conflicts of laws and you hereby submit to the exclusive jurisdiction of the courts of England and Wales.
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