BY CLICKING ON THE "I ACCEPT" BUTTON BELOW YOU ARE HEREBY AGREEING TO THESE TERMS, and these terms will thereafter constitute a legally binding agreement made between you (you) and Setlary EWA Sdn Bhd (Payd)(we, us, our) concerning your access to and use of the App and Service (as defined below) on the terms set out below, in particular, the terms on disclaimer of warranties and limitation of liabilities.
You acknowledge that by accessing the App and using the App and Service, you have read, understood, and agreed to be bound by all of these terms.
These terms, our Personal Data Protection Policy, our Cookie Policy, our website terms, and all documents referred to or incorporated by reference in those documents is collectively the Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
IF YOU CLICK REJECT, you may not be able to access or use the App and Service (as
defined below).
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Setlary EWA Sdn Bhd (Payd), Malaysia, license you to use:
• “Payd – your money” mobile application software (App) and any updates or supplements to it; and
• Payd’s “Earned Wage Access” service that you connect to via the App, and all associated products and features that we may offer from time to time (Service), as limited by these terms.
CONDITION(S) FOR USING THE APP AND SERVICE
It is a condition that you agree to provide your consent to use the App and the Service. Your access to the App and your use of the Service shall constitute express consent.
Your continued use of the App and the Service is conditional upon your continued consent to use the App and the Service. While you may withdraw your consent at any time, you will not be able to use the App or the Service if you withdraw your consent. Once you have clicked the “I ACCEPT” button below, we will make no further enquiries as to your consent to use the App and/or the Service.
USER REGISTRATION
You may be required to register with the App. You agree and acknowledge to keep your
password confidential and you will be responsible for all use of your account and password.
We assume the accuracy of any bank account information provided to us. Note that we are not responsible for any payment processing errors, payment into wrong bank accounts, or fees or other Service-related issues arising from a failure to keep your account information current. It is your responsibility to inform the employer of any change to your bank account details.
If you believe that either your credentials or a device that you use to access the App and the Service has been lost or stolen, that someone is using your account without your permission, or that an unauthorised transaction has occurred, you must notify us IMMEDIATELY at support@payd.asia.
USING OUR SERVICE
Subject to the Agreement, you will be allowed to use our Service. The Service permits you to withdraw a portion of your earned wages between your scheduled paydays, that is, the date on which the whole of your salary becomes payable by your employer (Payday).
We calculate your earned wages as the amount of your salary due to you based on such time that has elapsed since your last Payday (Earned Wages).
The amount of Earned Wages you will be able to withdraw between Paydays through the Service will be determined by your employer of what you have earned at the time of withdrawal less and nett of any lawful deductions such as your Employees Provident Fund (EPF) contributions, Employees’ Social Security (SOCSO) contributions and Employment Insurance System (EIS) contributions, or a part thereof as the case may be. Each withdrawal is subject to a withdrawal fee which will be deducted directly from your requested disbursement or via salary clearback mechanism, subject to the limits imposed by the Service (Drawdown Fee). The fee is governed on a subscription basis, defining specific fee structures, payment intervals, and renewal frameworks, all of which will be explicitly detailed, updated, and displayed directly on the App or software interface at the time of your transactions.
Other than the Drawdown Fee, there are no fees, charges or interest to use the Service. You hereby expressly consent to the Drawdown Fee being deducted when using the Service. However, we are not responsible for any bank charges or third-party payment processor fees that may be imposed by third parties, if applicable.
USER REPRESENTATIONS
By using the App and Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these terms; (4) you will not access the
App and Service through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; (6) you have reached the age of majority in your jurisdiction; and (7) you are a citizen of or are otherwise lawfully resident in Malaysia; and (8), you are gainfully employed under the laws of Malaysia.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App and Service, and you will thereafter have no claim against us howsoever arising, which claim you expressly and irrevocably waive.
OPERATING SYSTEM REQUIREMENTS
This app requires an Apple or Android smartphone device with Android 5.0 or higher or iOS 11 or higher.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP
You must be 18 or over to accept these terms and use the App and Service, or have attained the age of majority under applicable law.
HOW YOU MAY USE THE APP
In return for your agreement to comply with these terms you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to:
• download a copy of the App onto one (1) mobile device and view, use and display the App and the Service on such devices for your personal, non-commercial purposes only.
• use any Documentation to support your permitted use of the App and the Service; and
• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you or make available from time to time.
We are licensing you personally the right to use the App and the Service as set out above. You may not otherwise transfer or license, nor attempt to transfer or license, the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or regulation, to implement best practices or to accommodate additional features which we may introduce in the future.
We will endeavour to give you at least three (3) days’ notice of any change by sending you a notification through the App with details of the change or notifying you of a change when you next start the App. Notwithstanding the foregoing, any changes to these terms shall be deemed to operate immediately upon the date of the last update of these terms. In any construction of these terms, the last updated version shall control.
You are encouraged to periodically review these terms and to familiarise yourself with any changes to the terms that we may make from time to time.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATES TO THE APP AND CHANGES TO THE SERVICE
From time to time, we may automatically update the App and change the Service to add
additional features, improve performance, enhance functionality, reflect changes to the
operating system or address security issues.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently the App and the Service with or without notice, for any reason whatsoever, including as a result of any data breach, scheduled maintenance, or in order to comply with any law, regulation, or court order.
IF SOMEONE ELSE OWNS THE DEVICE YOU ARE USING
If you download the App onto any device not owned by you, you must have the device
owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the device. You must not allow the device owner to have access to your user name, password, or account.
WE MAY COLLECT TECHNICAL DATA OF THE DEVICE THE APP IS DOWNLOADED ONTO
By using the App or the Service, you agree to us collecting and using technical information about the device you use the App on and related software, hardware and peripherals to improve our products and to provide the Service to you.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you.
You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these terms. Nothing in these terms operate to assign the rights, title or interest in any of the intellectual property to you.
LICENSE RESTRICTIONS
You agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation or Service, except as part of the normal use of the App;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs; and
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things.
ACCEPTABLE USE RESTRICTIONS
You must:
• not use the App or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service;
• not use the App or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
Disclaimer
The App, documentation and Service, and all information, data, features, and content in respect thereof is offered and made available on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, we expressly disclaim any warranties, express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for any particular purpose, and non‐infringement. We make no representations or warranties of any kind, express or implied, as to the App or operation of the Service. You expressly agree that your use of the App and Service is at your sole risk.
We make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability, completeness, or continued availability of the App or the Service, and expressly disclaim any warranties of merchantability, non-infringement, or fitness for a particular purpose. We make no representation, warranty, or guarantee that the App and the Service that may be available through the App is free of bugs, defects, or errors, or infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information.
Limitation of Liability
Under no circumstances will we or our contractors, employees, agents, third party partners or suppliers be responsible or liable to you, whether in contract, warranty, tort (including negligence), or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages you may incur in connection with the App and the Service, your use thereof, or any of the information, data, or other material transmitted through or residing on the App, or any errors, defects, interruptions, deletions, or losses resulting therefrom, including loss of profit, revenue, or business, arising in whole or in part from your access to or use of the App and Service.
Unless otherwise expressly set forth in these terms, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount of withdrawal fees you have paid us in the last 12 months in respect of the use of the Service.
TERMINATION
If you are in breach of any of these terms, we reserve the right, in our sole discretion, to
terminate your right to access or use of the App and the Service. We are not responsible for any loss, damage or harm related to your inability to access or use the App and Service based on such termination.
If we end your rights to use the App and Services:
• You must stop all activities authorised by these terms, including your use of the App and the Service.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have.
USE OF PERSONAL DATA
We only use any personal data we collect through your use of the App and the Service in the ways set out in our Personal Data Protection Policy at https://payd.asia/en/MY/privacy-policy/
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or
intercepted by others, even if there is a special notice that a particular transmission is
Encrypted.
MISCELLANEOUS
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
You do not have to repay any withdrawn amounts of Earned Wages while you are employed, but in the event that you have withdrawn any amount of Earned Wages after your employment has terminated, or you have been away without official leave from your employment or if you have otherwise left your employment for whatever reason, then you acknowledge that your account will be deactivated and the withdrawn Earned Wages advanced to you after your termination or leaving but before deactivation will become a debt due to us.
You may not attempt to make a withdrawal of Earned Wages after your termination or after you leave your employment. If we are unable to recover any Earned Wages advanced to you after your termination or after you leave your employment, then we may refer you as a trade referee listing under CTOS, among other recovery steps that we or your employer may take.
You may not transfer your rights or your obligations under this agreement to another person. If any portion of these terms is deemed unlawful, void or unenforceable by any court of competent jurisdiction, these terms as a whole will not be deemed unlawful, void or unenforceable, and that portion of these terms that is unlawful, void or unenforceable will be severed from these terms.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these terms (or which we have the benefit of under any applicable law), this will not be taken to be a waiver of our rights and that those rights or remedies will still be available to us.
These terms represent the entire understanding and agreement between you and us
regarding the subject matter of the same, and supersedes all other previous agreements.
GOVERNING LAW AND JURISDICTION
These terms are governed by the laws of Malaysia and you submit to the exclusive
jurisdiction of the Malaysian courts.
SUPPORT FOR THE APP
If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.payd.asia.
If you think the App or the Service are faulty, vague or inaccurately described, or wish to
contact us for any other reason please email our customer service team at
support@payd.asia.
If we have to contact you we will do so by notification through the App, email, SMS or by prepaid post, using the contact details you have provided to us.