Benefits 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 Employment Hero’s Benefits services.
Please read these Terms of Use before using any of the features, services or components of Benefits. By accessing or using any component of Benefits you agree to be bound by these Terms of Use.
1. Definitions
“Benefits” 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“.
- “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 Employment Hero Work app, services, content, subscriptions, accounts, benefits 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 Employment Hero website available at employmenthero.com.
“we”, “us”, “our”, “Employment Hero” or “EH” means Employment Hero 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.
2. Binding Legal Agreement
These Terms of Use represent a binding agreement between you and Employment Hero. Please read these terms carefully before accessing or using Benefits. By using Benefits you agree to these terms without any modifications. If you do not agree to these terms you are not authorised to use Benefits.
Some components of Benefits are only available in the EH Platform and may require an Employment Hero 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. Any registration information that you provide must be accurate and complete and you must keep this information up to date. Employment Hero 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 Employment Hero 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 Employment Hero 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, Employment Hero grants you a limited, non-exclusive, non-transferable and revocable licence to access and use Benefits. Employment Hero reserves all rights, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws.
4.2 Benefits 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 will meet your requirements.
4.3 No advice or information, whether oral or written, obtained by you from us or through or from Benefits 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 Employment Hero’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 services or Employment Hero 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 Employment Hero 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 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 Employment Hero 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 Employment Hero, the transfer and storage of personal information into or outside of Australia, the access of personal information by Employment Hero or otherwise in connection with the operation of Benefits, you hereby agree that you provide such authority and permission.
5.2 Sharing your personal information: Employment Hero 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, Employment Hero will not share, sell or otherwise provide your information to third parties.
5.3 Removals and suspension: Employment Hero may monitor any activity on the EH Platform and any personal information or other content uploaded. Employment Hero 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. Employment Hero 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. Employment Hero 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 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, Employment Hero makes no representations or warranties as to the merchantability of those goods or services.
7. Indemnification of Employment Hero
7.1 You will indemnify and hold Employment Hero, 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 services.
8. Amendments, Termination and Survival
8.1 These terms commence upon your access or use of Benefits including its content, services or other access to the EH Platform.
8.2 The content, products and services offered through Benefits remain entirely at the sole discretion of Employment Hero. Employment Hero may at any time and without notice:
- alter, amend, reduce or upgrade the scope of products and services available through Benefits;
- 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 Employment Hero will not be liable and responsible to you and Employment Hero 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 Employment Hero 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. Employment Hero may provide notice to you via email, through the EH Platform or through your account. You may provide notice to Employment Hero by submitting a ticket here.
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 services or terminate your account in accordance with the EH Platform Terms. If you continue to use the EH Platform and Benefits 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 Employment Hero 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 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, the following terms and conditions relate specifically to the use of Earned Wage Access Now and Earned Wage Access Daily (together, our “Earned Wage Access Products“).
Please read these terms and conditions before using our Earned Wage Access Products. By using any Earned Wage Access Products 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 Employment Hero users access to their earned wages more frequently than their employer’s payroll cycle to increase the control employees have in managing their finances. We offer 2 Earned Wage Access Products to Employment Hero users:
- Earned Wage Access Now: allows users to draw down on a portion of their earned wages in one payment at a time for a fee, and
- Earned Wage Access Daily: allows users to subscribe to draw down on a portion of their earned wages every day for a subscription fee.
Our Earned Wage Access Products are accessed through our EH Work app, and are operated by Employment Hero.
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 Now or via Earned Wage Access Daily and will be displayed in your EH Account in the Earned Wage Access Now section or the Earned Wage Access Daily section (as applicable), which is displayed in your EH Work app.
“Earned Wages” means wages accrued by you but not yet paid by your employer, and calculated as:
- for Earned Wage Access Now, either:
- 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.
- for Earned Wage Access Daily, a pro-rata portion of your salary.
“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 our Earned Wage Access Products 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 ‘Employment Hero Work’ app (formerly known as Swag by Employment Hero) or Employment Hero web platform.
“we”, “us”, “our”, “Employment Hero” or “EH” means:
- if you are resident in the United Kingdom, Employment Hero (UK) Limited (registration number 12861071), and
- if you are resident in Australia, or anywhere else outside of the United Kingdom, Employment Hero Pty Ltd ABN 11 160 047 709.
“you” or “your” refers to you as an employee of your employer using our Earned Wage Access Products.
3. STRUCTURE OF THESE TERMS
The following clauses of these terms and conditions are divided into 3 parts. Part 1 sets out terms that apply if you use Earned Wage Access Now, part 2 sets out terms that apply if you use Earned Wage Access Daily, and part 3 sets out terms that apply to your use of either of our Earned Wage Access Products.
Part 1 – Terms that apply to Earned Wage Access Now
4. ELIGIBILITY FOR EARNED WAGE ACCESS NOW
To be eligible to use Earned Wage Access Now:
Your current employer:
- must use Employment Hero’s HR platform and payroll system;
- must be in compliance with the terms of use relating to those subscriptions;
- must not have failed to pay Earned Wage Access Now amounts to us for you or another user linked to their account;
You must:
- not have an active subscription for Earned Wage Access Daily;
- 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 Employment Hero Account;
- have an entitlement to Earned Wages from your employer; and
- your wages or salary must be paid by your employer from an Australian bank account into an Australian bank account.
5. 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 Now 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.
6. REQUEST FOR EARNED WAGES
6.1 If you withdraw up to your Available Balance amount
We will pay to you, upon making a Request, the Available Balance (or a lesser amount you select) (the “Earned Wage Access Now 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 Now 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.
6.2 If you ‘schedule’ an Earned Wage Access Now transaction
You may schedule a Request to access an Earned Wage Access Now Amount:
- 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 Now transaction. If you have a Scheduled Request on a specific day where the Available Balance is insufficient on this day, you will receive the 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:
- 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.
7. TIMING OF PAYMENT
Upon receipt of the Request, we will initiate transfer of the Earned Wage Access Now 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.
8. FEES
We charge you a fee each time we pay an Earned Wage Access Now Amount following a valid Request or the processing of a Scheduled Request (the “Fee“).
We provide Earned Wage Access Now 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 Now Amount or Scheduled Request amount.
By using Earned Wage Access Now, you agree that the following deductions will be made from your Earned Wages as confirmed in the relevant payslip:
- the total Earned Wage Access Now 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).
Part 2 – Terms that apply to Earned Wage Access Daily
9. ELIGIBILITY FOR EARNED WAGE ACCESS DAILY
To be eligible to use Earned Wage Access Daily:
Your current employer:
- must use Employment Hero’s HR platform and payroll system;
- must be in compliance with the terms of use relating to those subscriptions;
- must not have failed to pay Earned Wage Access Product amounts to us for you or another user linked to their account;
You must:
- have an active Swag Spend Account;
- 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 Employment Hero Account;
- have an entitlement to Earned Wages from your employer; and
- your wages or salary must be paid by your employer from an Australian bank account into an Australian bank account.
10. AVAILABLE BALANCE AND SUBSCRIPTION
The amount of your Available Balance for Earned Wage Access Daily can be confirmed in your EH Work app before making a Request.
11. ACTIVATING AND ENDING YOUR SUBSCRIPTION
After you have submitted a Request to subscribe to Earned Wage Access Daily, your subscription and payments will begin from your next eligible day.
The term of your Earned Wage Access Daily subscription starts on the date on which you first receive an Earned Wage Access Daily payment from us. You may cancel your Earned Wage Access Daily subscription in the EH Work app, and this cancellation will take effect on the last day of your current month’s subscription. If you cancel your Earned Wage Access Daily subscription part of the way through a month, your access to and payments from Earned Wage Access Daily will continue for the remainder of your current month.
12. TIMING OF PAYMENT
We will pay to you, equal instalments of the Available Balance (the “Earned Wage Access Daily Amount“) each day during your pay period in which your subscription is active, unless:
- you have entered any form of leave in your EH Account for the day on which payment would otherwise be due; or
- your pay run is ‘open’ or ‘started’ in the Employment Hero payroll platform, and if so, you will not receive payment until your pay run is finalised by your employer and you are in your next pay period.
Earned Wage Access Daily payments to you will be suspended if a termination date for you is entered in the Employment Hero payroll platform.
We aim to make all Earned Wage Access Daily payments into your Swag Spend Account at 9pm on each payment day, including public holidays. 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.
The Available Balance increases as your Earned Wages increases throughout your pay period, up to the maximum amounts.
13. FEES
We charge you a monthly subscription fee for each month (or part of a month) of your Earned Wage Access Daily Subscription (the “Subscription Fee“).
We provide Earned Wage Access Daily in return for the Subscription Fee. The amount of the Subscription Fee will be disclosed in the EH Work app prior to you committing to any Request and is inclusive of GST.
We will recover the Subscription Fee directly from your next payroll payment along with the Earned Wage Access Daily Amount.
By using Earned Wage Access Daily, you agree that the following deductions will be made from your Earned Wages as confirmed in the relevant payslip:
- the total Earned Wage Access Daily Amount amount in the relevant pay cycle; and
- the Subscription Fee (as confirmed to you at the time of making your Request).
Part 3 – Terms that apply to all Earned Wage Access Products
14. 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 Now Amount or Scheduled Request amount plus the Fee, and any Earned Wage Access Daily Amount plus the Subscription 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 Now Amount or Scheduled Request amount plus the Fee, and any Earned Wage Access Daily Amount plus the Subscription 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 Now Amounts, Scheduled Request amounts and Earned Wage Access Daily Amounts are not a loan, and you do not owe us any debt.
15. 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 Now Amount, Scheduled Request amount or Earned Wage Access Daily 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 Products until you provide a new authorisation.
If you have already made a Request and have received your Earned Wage Access Now Amount, Scheduled Request amount or Earned Wage Access Daily 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 Products 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 Products amounts back.
If you have made a Request and received an Earned Wage Access Now Amount, Scheduled Request amount or Earned Wage Access Daily 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.
15. COMPLIANCE
You must comply with these terms of use and all relevant laws at all times when using our Earned Wage Access Products.
You must always be honest and truthful in your dealings with us and you undertake to use our Earned Wage Access Products in good faith.
16. 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 Now Amount or Earned Wage Access Daily 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 Products.
If you have obtained funds in breach of these terms and conditions, we may utilise all means available to us to recover those funds.
17. DIRECT DEBIT SERVICE AGREEMENT
If you have elected to pay by direct debit (or credit card), you acknowledge that, unless otherwise agreed:
- 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).
18. 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 Products 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.
19. 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 Now Amounts, Scheduled Request amounts and your Earned Wage Access Daily 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.
20. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of any of our Earned Wage Access Products, use of any of our Earned Wage Access Products, or access to any of our Earned Wage Access Products.
21. TERMINATION
You agree that we may and without prior notice, immediately terminate your access to any of our Earned Wage Access Products. 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 our Earned Wage Access Products (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 Now and/or Earned Wage Access Daily, (b) removal of access to any Earned Wage Access Products (or any part thereof), and (c) barring further use of Earned Wage Access Products. 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 Products.
22. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Earned Wage Access Products and any necessary software used in connection with the Earned Wage Access Products (“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 any Earned Wage Access Product 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 Products. You agree not to access Earned Wage Access Products by any means other than through the interface that is provided by us for use in accessing such products.
23. DISCLAIMER OF WARRANTIES
Your use of Earned Wage Access Products is at your sole risk. All Earned Wage Access Products are 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) any Earned Wage Access Product will meet your requirements, (ii) any Earned Wage Access Products 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 Products creates any warranty not expressly stated in these terms.
Employment Hero is not liable for any loss, potential or actual financial hardship suffered as a result of accessing your pay early via Earned Wage Access Products. It is your responsibility to make sure that you have enough money to meet your financial obligations.
24. 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.
25. TRADEMARKS
Our logos, trademarks and service marks (the “EH Marks“) are trademarks of Employment Hero Pty Ltd. You must not display or use in any manner the EH Marks without our prior written consent.
26. 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 Now, or by cancelling your subscription for Earned Wage Access Daily under clause 11 above.
27. 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 without regard to its conflict of law provisions. You and Employment Hero 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 Products 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.
