Benefits and Earned Wage Access

Benefits & Perks and Earned Wage Access

Benefits & Perks Terms of Use (including earned wage access terms and conditions)

Benefits & Perks and Earned Wage Access Terms of Use

Click here for earned wage access terms and conditions.

These Terms of Use set out the terms and conditions under which you may access and use 91��’s Benefits & Perks services.

Please read these Terms of Use before using any of the features, services or components of Benefits & Perks. By accessing or using any component of Benefits & Perks you agree to be bound by these Terms of Use.

1. Definitions

“Benefits & Perks” is a suite of features comprising:

“LifeHero”: educational content and services designed to help users improve their Physical, Mental and Financial Wellbeing, AKA “Wellness“.
“Savings Hero”: a tool that helps users set a financial goal and a savings account, find savings and track progress towards that goal, AKA “Savings“.
“Swag Store” discounts and offers designed to reduce everyday living expenses and make salaries go further, AKA “Discounts“.&�Բ��;
“Earned Wage Access Products”: allow employees access to their earned wages more frequently than their employer’s payroll cycle in order to increase the control employees have in managing their finances.
“Cashback and Bill Management“: allows users to sign up to receive cashback on select purchase and to receive offers to save on bills.

“EH Platform”: means the EH Websites, mobile applications like the 91�� Work app, services, content, subscriptions, accounts, benefits & perks and offers as available through or as described on the EH Websites, mobile applications, platform or agreed between you and us from time to time.

“EH Websites” means the websites that we operate or provide any features of the EH Platform through, including the 91�� website available at employmenthero.com.

“we”, “us”, “our”, “Employment Hero” or “EH” means 91�� Pty Ltd ABN 11 160 047 709 and its affiliates.

“you”, “your” or “Users” refers to you as an employee, employer or user using Benefits & Perks.

2. Binding Legal Agreement

These Terms of Use represent a binding agreement between you and 91��. Please read these terms carefully before accessing or using Benefits & Perks. By using Benefits & Perks you agree to these terms without any modifications. If you do not agree to these terms you are not authorised to use Benefits & Perks.

Some components of Benefits & Perks are only available in the EH Platform and may require an 91�� subscription account. That account and the EH Platform are subject to specific terms and conditions, including the EH Platform Terms, which continue to apply.

3. Your Account

3.1 Registration: You may need to register for an account/s in order to access and use some parts of Benefits & Perks. Any registration information that you provide must be accurate and complete and you must keep this information up to date. 91�� may send notices and other information to you by email or through your account/s.

3.2 Passwords: During the registration process you will be required to establish a password. You are responsible for safeguarding this information and any other confidential identifiers. Each account is exclusive and non-transferrable. You will immediately notify 91�� of any suspected unauthorised use of your account/s. You are responsible for all actions and losses arising from use of your account as a result of your failure to keep your information secure and confidential.

3.3 Credit card or other payment method: You may choose to provide credit card or other payment information or authorise a payment via your payroll in order to pay for certain products or services. By providing such information, you authorise 91�� to debit monies via that method of payment in respect of any purchases made by you subject to these terms. You will only be debited when you actually make a purchase through the EH Platform.

4. Your Licence to Use the Services

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED

4.1 Subject to these terms and your compliance with them, 91�� grants you a limited, non-exclusive, non-transferable and revocable licence to access and use Benefits & Perks. 91�� reserves all rights, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws.

4.2 Benefits & Perks is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement. We make no warranty that Benefits & Perks will meet your requirements.

4.3 No advice or information, whether oral or written, obtained by you from us or through or from Benefits & Perks creates any warranty not expressly stated in these terms.

4.4 Nothing in these terms is intended to affect your statutory rights.

4.5 You agree that you will not:

decompile, reverse engineer, disassemble, rent, lease, loan, sell, copy, repost, frame or create derivative works from the EH Platform;
sub-licence any part of the EH Platform without 91��’s express written authority;
attempt to determine the site architecture, modify, disable or compromise the integrity or performance of the EH Platform or related systems, network or data;
in any way compromise the integrity of the EH Platform, Benefits & Perks services or 91�� systems (including without limitation probing, scanning, overloading or testing the vulnerability of any system or network that hosts the Sites);
tamper with or hack the Sites, circumvent any security or authentication measures or attempt to gain unauthorised access to the Sites, related systems, networks or data;
extract information about usage, individual identities or Users;
misrepresent yourself, or disguise the origin of any content (including without limitation by spoofing, phishing, impersonation, manipulating headers or other identifiers) or falsely implying any relationship or association with 91�� or any third party;
stalk, harass, bully, intimidate or violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering the personal information of others from the EH Platform;
upload, post or in any way publish material to the EH Platform that infringes another party’s legal rights including IP Rights, confidentiality and privacy; or
use the Services in any manner that does not comply with all applicable laws of Australia, or of any other relevant jurisdiction.

5. Privacy

These terms related to your use of Benefits & Perks and should be read in conjunction with our general Privacy Policy.

5.1 Use of your personal information: Solely to the extent necessary to provide and improve the applicable services to you through the EH Platform and subject to these terms, you grant to 91�� a non-exclusive, worldwide, royalty-free right to collect, store, use, transmit and modify your personal information. Where your permission is required (in accordance with applicable privacy legislation, tax legislation or other applicable laws or policies) for the collection of personal information by 91��, the transfer and storage of personal information into or outside of Australia, the access of personal information by 91�� or otherwise in connection with the operation of Benefits & Perks, you hereby agree that you provide such authority and permission.

5.2 Sharing your personal information: 91�� agrees to only use your information provided under these terms to perform its obligations under these terms and to fulfil or improve any products or services you request through the EH Platform. Other than as required to fulfil a product or service requested by you, 91�� will not share, sell or otherwise provide your information to third parties.

5.3 Removals and suspension: 91�� may monitor any activity on the EH Platform and any personal information or other content uploaded. 91�� reserves its right at its complete discretion to remove any information and suspend any accounts, including if it suspects that such activity or content breaches these terms. 91�� will generally alert you when such action is taken and give you a reasonable opportunity to cure your breach, but may at its absolute discretion suspend or terminate your access under these terms. 91�� will not be liable to you for removing or deleting Your Data under this clause.

6. Third Party Sites, Links and Conditions

6.1 The EH Platform may contain links to other websites operated by third parties. We make no representations or warranties in relation to the security or privacy practices of any third party website. Third party websites are responsible for informing you about their own practices and policies.

6.2 Benefits & Perks provides offers and discounts on a range of goods and services. Where these goods and services are manufactured, created, provided or fulfilled by third parties (“Suppliers”) there may be additional terms and conditions relating to those goods and services applied by the Suppliers. You should refer to the Supplier’s websites for details of their terms and conditions. Other than as required by law, 91�� makes no representations or warranties as to the merchantability of those goods or services.

7. Indemnification of 91��

7.1 You will indemnify and hold 91��, and its associated entities and their respective directors, officers, employees, agents and licensors harmless with respect to any suits or claims arising out of:

your breach of these terms; or
any third party claims arising out of your use or misuse of the EH Platform or Benefits & Perks services.

8. Amendments, Termination and Survival

8.1 These terms commence upon your access or use of Benefits & Perks including its content, services or other access to the EH Platform.

8.2 The content, products and services offered through Benefits & Perks remain entirely at the sole discretion of 91��. 91�� may at any time and without notice:

alter, amend, reduce or upgrade the scope of products and services available through Benefits & Perks;
terminate or suspend access to or availability to EH Platform; and
terminate these terms.

8.3 If these terms are terminated, or your access to the Services is suspended, you agree that 91�� will not be liable and responsible to you and 91�� will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

9. Important Information and Disclaimer regarding financial information

9.1 Any references to financial products or services or any financial information contained on the EH Platform are provided by 91�� Financial Services Pty Ltd (“EHFS”) ABN 58 606 879 663.

9.2 Any advice on the EH Platform is general advice only and does not take into account your particular circumstances, objectives and needs. Before acting on any advice on the EH Platform you should assess or seek advice on whether it is appropriate for your financial situation, need and objectives.

10. General Provisions

10.1 Any notice under these terms must be given in writing. 91�� may provide notice to you via email, through the EH Platform or through your account. You may provide notice to 91�� by submitting a ticket .

10.2 From time to time, we may decide to make changes to the features or functionality of the EH Platform or change or replace any part of these terms by posting updated or amended terms to the EH Websites or otherwise notifying you of the changes in your account. Please check the EH Websites for changes. If the change is unacceptable to you, you may stop using the relevant Benefits & Perks services or terminate your account in accordance with the EH Platform Terms. If you continue to use the EH Platform and Benefits & Perks features after any amended terms become effective, you agree to be bound by the amended terms.

10.3 These terms and any terms and conditions you agree to on the EH Platform, represents the entire agreement between you and 91�� relating to the Services and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by these terms.

10.4 These terms are governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the courts of New South Wales, Australia. If you have any concerns or complaints about us or the EH Platform, please notify us. If you and we have a dispute or claim arising out of related to the Benefits & Perks services or the EH Platform, the disputing parties must consult and negotiate in good faith to resolve the matter. If they are not able to reach a settlement within 60 days, then either party may commence legal proceedings.

Additional Specific Terms relating to Earned Wage Access Products

In addition to the general Terms of Use for Benefits & Perks, the following terms and conditions relate specifically to the use of Earned Wage Access.

Please read these terms and conditions before using Earned Wage Access. By using Earned Wage Access, you agree to be bound by these terms and conditions, which constitute an agreement between you and us.

1. INTRODUCTION

Welcome to Earned Wage Access, the service that allows 91�� users access to their earned wages more frequently than their employer’s payroll cycle to increase the control employees have in managing their finances.Users can draw down on a portion of their earned wages in one payment at a time for a fee, including on a recurring basis via Scheduled Requests.

Earned Wage Access is accessed through our EH Work app, and is operated by 91��.

These are your legal rights and obligations, so please do read everything. If you can’t agree to these terms, then you cannot use Earned Wage Access.

2. DEFINITIONS

In these terms and conditions, the following words have special meanings:

“Available Balance” refers to the portion of your Earned Wages that you can access via Earned Wage Access and will be displayed in your EH Account (including via the EH Work app) in the Earned Wage Access section.

“Earned Wages” means wages accrued by you but not yet paid by your employer, and calculated as:

wages payable by your employer as a result of time worked which has been submitted and approved via the EH Work app, or
a pro-rata portion of your salary based on the number of days worked as a proportion of your salary period.

“EH Account” means your account on the EH Work app.

“employer” means the business employing you and paying the wage or salary you wish to use Earned Wage Access to access.

“Request” means a request submitted via the EH Work app to access all or part of the Available Balance.

“EH Work app” means the ‘91�� Work’ app (formerly known as Swag by 91��) or 91�� web platform.

“we”, “us”, “our”, “Employment Hero” or “EH” means:

if you are resident in the United Kingdom, 91�� (UK) Limited (registration number 12861071), and
if you are resident in Australia, or anywhere else outside of the United Kingdom, 91�� Pty Ltd ABN 11 160 047 709.

“you” or “your” refers to you as an employee of your employer using Earned Wage Access. to you as an employee of your employer using our Earned Wage Access Products.

3. STRUCTURE OF THESE TERMS

To be eligible to use Earned Wage Access, you must:

meet the minimum age requirement of 16 years and older;
have an active EH Account and have downloaded the EH Work app;
be in compliance with the terms of use relating to your 91�� Account;
have an entitlement to Earned Wages from your employer;
have your wages or salary paid by your employer from:
- an Australian bank account into an Australian bank account if you are based in Australia; or
- a UK bank account into a UK bank account if you are based in the UK;
use 91��’s HR platform and payroll system;
be in compliance with the terms of use relating to those subscriptions; and
not have failed to pay Earned Wage Access amounts to us for you or another user linked to their account.

4. AVAILABLE BALANCE

The Available Balance increases as your Earned Wage increases throughout your pay period, up to the maximum amounts.

The maximum amounts per transaction and per pay cycle can be checked in the EH Work app prior to making a Request.

When you make a Request, and we pay the Earned Wage Access Amount, your Available Balance decreases by an equivalent amount.

On payday, your Available Balance resets to zero and once again begins to increase as your Earned Wages increase.

5. REQUEST FOR EARNED WAGES

5.1 If you withdraw up to your Available Balance amount

We will pay you, upon making a Request, the Available Balance (or a lesser amount you select) (the “Earned Wage Access Amount“).

You may make as many Requests within one pay cycle as you wish, subject to the maximum we will pay to you in any one pay cycle.

When you make a Request, and we pay the Earned Wage Access Amount, your Available Balance decreases by an equivalent amount.

On payday, your Available Balance resets to zero and once again begins to increase as your Earned Wages increase.

5.2 If you ‘schedule’ an Earned Wage Access transaction

You may schedule a Request to access an Earned Wage Access Amount on a recurring basis:

when your Available Balance reaches the Request amount;
on a specific day of each week where you receive your full Available Balance; or
on a specific day of each week provided that your Available Balance reaches the Request amount.

(each, a Scheduled Request).

Once your Available Balance reaches the conditions of the Scheduled Request, your Scheduled Request will automatically be processed as an Earned Wage Access transaction. If you have a Scheduled Request on a specific day where the Available Balance is insufficient on this day, you will receive the Request amount once your Available Balance is sufficient.

Submitting a Scheduled Request will not change your Available Balance when you submit. When your Scheduled Request is processed, your Available Balance decreases by an equivalent amount.

Scheduled Requests will continue until cancelled, and will carry over from pay cycle to pay cycle. For example, this means that if you submit a Scheduled Request for $200 when your Available Balance is $100:

if your Available Balance resets depending on your pay frequency without reaching the Scheduled Request amount, the Scheduled Request will remain in place for when your Available Balance reaches $200.

you can continue to access up to your $100 Available Balance after submitting your Scheduled Request. Your Available Balance will reduce by the amount you access, and your Scheduled Request will remain in place for when your Available Balance reaches $200; and
if your Available Balance resets depending on your pay frequency without reaching the Scheduled Request amount, the Scheduled Request will remain in place for when your Available Balance reaches $200.

6. TIMING OF PAYMENT

Upon receipt of the Request, we will initiate transfer of the Earned Wage Access Amount to the bank account nominated.

For Scheduled Requests, we aim to initiate transfer of the Scheduled Request amount to the bank account nominated at 9pm of the day during which your Available Balance reaches the amount of your Scheduled Request.

Transfers initiated between 9am and 9pm on days other than public holidays will typically credit to your account within two hours after they are initiated.

However, while we use our reasonable efforts to minimise the time taken for payments to arrive in your bank account, this will ultimately depend on third party financial institutions including your bank, and we accept no responsibility or liability for delayed payments.

7. FEES

We charge you a fee each time we pay an Earned Wage Access Amount following a valid Request or the processing of a Scheduled Request (the “Fee“).

We provide Earned Wage Access to you in return for the Fee. The amount of the Fee will be disclosed in the EH Work app prior to you committing to any Request or Scheduled Request and is inclusive of GST.

We will recover the Fee directly from your next payroll payment along with the Earned Wage Access Amount (including each Scheduled Request amount).

By using Earned Wage Access, you agree that the following deductions will be made from your Earned Wages as confirmed in the relevant payslip:

the total Earned Wage Access Amount or Scheduled Request amount in the relevant pay cycle; and
the Fee (as confirmed to you at the time of making each Request or Scheduled Request).

8. ASSIGNMENT OF EARNED WAGES

Upon making a Request, you irrevocably assign to us all your rights to recover from your employer the relevant Earned Wage Access Amount ( including each Scheduled Request amount) plus the Fee.

We will recover any such amount from your next payroll payment. This means your employer will pay this amount directly to us, and not to you. The amount you receive from your employer at the end of the relevant pay cycle will be reduced by the amount of the Earned Wage Access Amount or Scheduled Request amount plus the Fee.

If we cannot recover the amounts due under this clause from your employer, we have no right of recovery from you, except in cases of fraud or deception. The Earned Wage Access Amounts (including the Scheduled Request amounts) are not a loan, and you do not owe us any debt.

What are you authorising your employer to do when you make a Request?

By making a Request, you are:

confirming you would like to receive the Earned Wage Access Amount, including a Scheduled Request amount; and
authorising your employer to make a deduction for such amounts and the associated Fees or Subscription Fees from your upcoming pay (being in the payroll run at the end of the relevant pay cycle).

Your payslip will show the deductions that have been agreed and paid in respect of the Requests in that pay cycle. You agree that this deduction is for your benefit and that, in making a Request, you are also requesting that your employer pay this deduction to us.

All deductions in respect of each of your Requests will be made from your net pay after taxes have been deducted. Therefore, your tax should not be affected by using Earned Wage Access.

At all times, you have the right to withdraw your authorisation to make the deductions set out in these terms. We are not able to assist you in withdrawing your authorisation for your employer to make a deduction. If you are withdrawing your authorisation it is your sole responsibility to ensure it occurs and you must work directly with your employer.

The EH Work app is not able to be used to notify your employer that you withdraw your authorisation to deductions.

Where you have withdrawn your authorisation, you will no longer be able to access Earned Wage Access until you provide a new authorisation.

If you have already made a Request and have received your Earned Wage Access Amount (including any Scheduled Request amount), then your right to withdraw your authorisation is only available after any relevant payments are returned to your employer. Note that for a given Request, you will need to notify and return the Earned Wage Access amounts to your employer prior to the deduction in your next wages or salary payment. Your employer has a right to refuse any request to withdraw authorisation to deduct from your pay until it has received the Earned Wage Access amounts back.

If you have made a Request and received an Earned Wage Access Amount (including any Scheduled Request amount) in a pay cycle and you subsequently withdraw your authorisation without the amounts being deducted from your wages or salary, we have the right to correct this and recover the relevant amounts from you in accordance with the Fraud or Deception section below.

9. COMPLIANCE

You must comply with these terms of use and all relevant laws at all times when using Earned Wage Access.

You must always be honest and truthful in your dealings with us and you undertake to use Earned Wage Access in good faith.

10. FRAUD OR DECEPTION

If you make a Request or Scheduled Request, and you know, or you ought to have known, that you do not have an entitlement to Earned Wages of an amount equivalent to the Earned Wage Access Amount or that you will not have an entitlement to Earned Wages of an amount equal to the Scheduled Request amount, then we reserve our right to seek recovery from you of all or part of these amounts plus the Fee or Subscription Fee that applies (and any expenses we incur in recovery of those amounts) where we cannot recover all or part of these amounts from your employer.

This right is not a right to recover a debt owed by you, but a right to indemnity under these terms for your breach of these terms of use.

We may also, at our discretion, immediately terminate your right to use Earned Wage Access.

If you have obtained funds in breach of these terms and conditions, we may utilise all means available to us to recover those funds.

11. DIRECT DEBIT SERVICE AGREEMENT

If you have elected to pay by direct debit (or credit card), you acknowledge that, unless otherwise agreed:

you must immediately notify us or your financial institution if you believe an error has occurred in relation to a direct debit (or credit).

your financial institution may, in its absolute discretion, at any time by notice in writing to you, terminate the direct debit arrangement as to future debits;
either party may, by giving 3 days written notice to the other party, vary the timing of future debits;
you can stop or cancel the regular debits at any time by giving us or your financial institution 3 days notice in writing;
if at any time you believe that a direct debit (or credit) against your nominated account (or credit card) is inappropriate or incorrect it is your responsibility to notify us as soon as possible;
it is your responsibility to ensure that there are sufficient cleared funds in your nominated account (or sufficient credit available on your credit card) to meet debits, and we may cancel the debit arrangement on 3 days written notice if two payments are dishonoured due to insufficient funds (or declined credit card transactions) within a 12 month period. We will charge the cost to us of dishonoured payments against your account (or credit card);
in the case of a bank account direct debit) We may need to pass on details of your direct debit request to our sponsor bank in the Bulk Electronic Clearing System to assist with the checking of any incorrect or wrongful debits to your nominated account;
we may vary this clause by providing 10 business days notice in writing; and
you must immediately notify us or your financial institution if you believe an error has occurred in relation to a direct debit (or credit).

12. INDEMNITY

You agree to indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense, arising under any theory of liability (including but not limited to tort, statute, equity or contract), we suffer as a result of your negligent or wrongful acts or omissions, or your breach of these terms or the terms applying to your EH Account or any other terms and conditions you agree to with us prior to using Earned Wage Access but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent or wrongful acts or omissions.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with these terms must not exceed the total value of your Earned Wage Access Amounts paid or payable from us to you in the 6 months immediately before the date the claim arose, regardless of whether the liability arises under any breach of contract, tort (including negligence), or any other cause of action.

Other than as set out in Clause 16 or 18, neither party is liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, loss of accrued employment rights, lost opportunity cost or loss of enjoyment.

14. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Earned Wage Access, use of Earned Wage Access, or access to Earned Wage Access.

15. TERMINATION

You agree that we may and without prior notice, immediately terminate your access to Earned Wage Access. Cause for such termination may include, but is not be limited to, (a) breaches or violations of these terms of use, the EH Platform Terms, or other incorporated agreements or guidelines, (b) requests by your employer or by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to Earned Wage Access (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and (g) termination at our discretion. Termination of these terms of use includes (a) removal of access to all offerings within Earned Wage Access, (b) removal of access to Earned Wage Access (or any part thereof), and (c) barring further use of Earned Wage Access. Further, you agree that all terminations for cause may be made in our sole discretion and that we will not be liable to you or any third-party for any termination of your EH Account, any associated email address, or access to Earned Wage Access.

16. OUR PROPRIETARY RIGHTS

You acknowledge and agree that Earned Wage Access and any necessary software used in connection with Earned Wage Access (“Software“) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Earned Wage Access t or the Software, in whole or in part.

We grant you a personal, non-transferable and non-exclusive right and license to use our Software provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to Earned Wage Access. You agree not to access Earned Wage Access by any means other than through the interface that is provided by us for use in accessing such products.

17. DISCLAIMER OF WARRANTIES

Your use of Earned Wage Access is at your sole risk. Earned Wage Access is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement.

We make no warranty that (i) Earned Wage Access will meet your requirements, (ii) Earned Wage Access will be uninterrupted, timely, secure, or error-free, (iii) any errors in the Software will be corrected.

No advice or information, whether oral or written, obtained by you from us or through or from Earned Wage Access creates any warranty not expressly stated in these terms.

91�� is not liable for any loss, potential or actual financial hardship suffered as a result of accessing your pay early via Earned Wage Access. It is your responsibility to make sure that you have enough money to meet your financial obligations.

18. NOTICES

We may provide you with notices, including those regarding changes to these terms, by email, through your EH Account or through the EH Work app.

19. TRADEMARKS

Our logos, trademarks and service marks (the “EH Marks“) are trademarks of 91�� Pty Ltd. You must not display or use in any manner the EH Marks without our prior written consent.

20. CHANGES TO TERMS AND CONDITIONS

We reserve the right to modify, update or otherwise alter these terms. We will notify you of any changes to the terms, including any changes to fees and charges, by displaying the updated terms the first time you log into your EH Account after the change. Any changes will apply to your next Request or from the beginning of your next month’s subscription, but will not apply to any Request that has been approved. If you are unhappy with any of the changes, you may terminate your agreement with us immediately by ceasing to use Earned Wage Access under clause 11 above.

21. GENERAL INFORMATION

Choice of law and Forum – These terms and the relationship between you and us shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions. You and 91�� agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales.

Waiver and severability of terms – Our failure to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect.

Statute of limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Earned Wage Access or these terms must be filed within 1 year after such claim or cause of action arose or be forever barred.

The section titles in these terms are for convenience only and have no legal or contractual effect.

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