BY REGISTERING AND ACCEPTING THESE TERMS AND CONDITIONS (“T&C’s”), THE CUSTOMER AGREES TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS.

References to ‘We’ ‘Our ‘and ‘Us’ refer to Abhi.

References to ‘You’, ‘Employee’ and ‘Your’ refer to Customer. References to ‘Employer’ refer to Company.

Reference to ‘Agreement’ refers to the legally binding document signed between the Employer and Abhi.

Reference to ‘Third Party’ refers to all platforms utilizing Abhi Services.

Abhi is solely responsible for providing a platform to enable financial transactions to Employees subject to

(i.)     The Employer/Company signing a service agreement with Abhi for advance wage access (EWA Agreement); and

(ii.)    Employee/Your individual onboarding and registration.

1. Abhi App

1.1. The Abhi App (‘App’) provides You with Access to Your unpaid earnings, for a Transaction Fee set out in the EWA Agreement.
1.2. The App is a financial agnostic and cloud-based platform that offers multiple solutions to access Your Salary.
1.3. The App functions in a right and responsibility-based structure where all the rights are solely assigned to the Customer who has the right to have early access to salary earned (or portions thereof) (the “Accrued Salary”) by an Customer up till the date and time of initiating a transaction through the App.
1.4. Transactions must be in AED only.
1.5. You are not permitted to make transactions of cash.
1.6. App cannot provide retroactive access to unpaid earnings that arose before You established Your Abhi account.
1.7. All transaction made through the App is charged for under the commercial terms of the EWA Agreement.

2. Onboarding Criteria

2.1. The Employer is validly existing and duly organized business under the laws of Dubai International Financial Centre and the United Arab Emirates with necessary authority, qualifications, licenses, permits and registrations necessary to conduct its business.
2.2. The Employee must:
2.2.1. Be currently employed by the Employer;
2.2.2. Have a valid and up to date Emirates issued ID card, employer e-mail address; and
2.2.3. Mobile telephone number to be registered with Abhi App.
2.3. The Employee or the Employer is not on any of the following Lists:
2.3.1. US Office of Foreign Assets Control (OFAC) sanctions list;
2.3.2. United Nations Security Council (UNSC) sanctions list.

3. Change

3.1. You will be informed of any change Abhi makes via SMS and email.3.2. Abhi reserves the right to add, modify, revise, vary, amend, delete, withdraw or supplement, in whole or in part, any of the provisions outlined in these Terms and Conditions including, without limitation, charges and fees.
3.2. You must notify us immediately if Your information changes.

4. Your Responsibilities

4.1. If You believe that the App have been accessed without Your knowledge or consent, or that password has been fraudulently used, You shall contact Abhi immediately to block account and future transactions.
4.2. You will take all reasonable precautions to ensure the security of access to the App and must not, under any circumstances, allow any third party or any person to access or use the App for any purpose.
4.3. Any such payment in connection with or in respect of a transaction made on the App shall be verified and authenticated by You.
4.4. You shall be responsible to verify and authenticate the Payment and account details of the beneficiary accounts to authorize a transaction through the App.
4.5. You are advised to exercise caution and use industry-standard means to detect and disable viruses and other harmful materials.
4.6. You will not use the App in any way that will contravene any legal or regulatory provision.
4.7. You agree to repay, return and or reimburse Abhi any extra amount transferred as a result of a system error, human error or technical glitch. Abhi reserves the right to automatically recover the amount in excess of Your rightful ownership from your account, with or without notice.

4.8. Any penalties levied by any regulatory authority with regard to the use by Customer shall be purely to the Customer’s sole account.
4.9. In case of a dispute with the Employer, You shall resolve the Dispute.
4.10. You must notify us of any dispute between You and Your Employer.
4.11. In the case where you sign up directly through Abhi, without involvement from the Employer or a third party, You are responsible for providing true and accurate information to Abhi.

5. You and Your Employer

5.1. You Agree to allow your Employer to make direct debit payments to Us for any outstanding amount payable to Us inclusive of any charges from your salary and/or settlement amount.
5.2. You Consent to Your Employer Sharing employment data with Us and receiving data from Us.
5.3. Abhi only requests information from your Employer that is required to provide the Service, and such information is not shared outside of Abhi, other than with regulators, Your Employer.
5.4. Transaction alerts in real time for all Your transactions and will be visible to the Employer.
5.5. The App relies upon information from Your Employer about You.
5.6. In the scenario that Your Employer disagrees with you about the amount of unpaid earnings You earned or the amount that it owes You, We do not resolve or otherwise become involved in disputes between You and Your Employer.
5.7. In case of individuals onboarding independently:
5.7.1. Abhi may communicate with your Employer to ensure the accuracy of the information You provide to Abhi.
5.7.2. Abhi may take support from your employer to recover any outstanding amounts payable.

6. Your undertakings

6.1. You undertake to abide by the Anti-Money Laundering (AML), Combating Terrorist Financing (CFT) Act/Regulations issued by the Dubai International Financial Centre (DIFC) and the United Arab Emirates.
6.2. You undertake and agree not to use or permit the use of App for any illegal or improper purposes and shall comply with all applicable laws and regulations governing the transactions.
6.3. You shall be responsible for accuracy, completeness and authenticity of the funds transferred made through the App.
6.4. You acknowledge that the App consists of complex software that is never wholly free from defects, errors and bugs and undertakes not to hold Abhi responsible for among other things, backend errors, the operation and availability of the systems used for accessing the App.

6.5. You undertake and confirm that compliance with theses T&C’s and provision of the Services shall be subject to the internal policies of Abhi, which may change from time to time, and the relevant circulars/ notifications of DIFC.

7. Liability.

7.1. The Customer holder accepts that Abhi is solely a service provider and accepts that Abhi will not be liable for any transactions done via the App.
7.2. To the fullest under applicable laws, in no event shall Abhi be liable to Customer for indirect, consequential, exemplary, special, or punitive damages arising out of or in connection with the furnishing, performance, use of this App, violation of these T&C’S and/or misrepresentations, fraud, willful misconduct, actions, omissions or negligence by You.
7.3. Customer shall be solely responsible and Abhi shall not be liable for any loss (direct, indirect or consequential) if access is gained to account through forgery, wiretap, theft or divulgence of password by Customer.
7.4. Abhi shall not liable or responsible for any transaction related issue(s) faced by You due. to mobile network portability or incorrect information provided by You or Your Employer.
7.5. Abhi will not be liable for any technical glitch and/ or viruses.
7.6. Abhi will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack, or other technologically harmful material that may infect computer. equipment, computer programs, data, or other proprietary material due to Your use of Our App.

8. Abhi’s Rights

8.1. Abhi may block the account/suspend the service if any company and/or its authorized personnel are found to be involved in any suspicious activity or an activity that is in violation of the laws and regulations of the Dubai International Financial Centre or have violated these T&C’s. You are liable for payment of financial charges as determined by Abhi and/or result in partial or complete suspension of the Account. Any penalties levied by any regulatory authority with regard to the use by You all be purely Your sole Account.
8.2. Abhi is authorized to make such disclosures in respect of the Account and transactions as may be required by any court order or competent authority or agency under the provisions or applicable laws and/or otherwise to safeguard the interests of Abhi.
8.3. Abhi may at any time revise these Terms and Conditions by updating this posting.

9. Abhi Undertakings

9.1. The Services provided by US to You will not infringe or violate any intellectual property rights or other right of any third party.
9.2. Abhi shall conduct all activities in a professional, ethical and orderly manner and shall ensure provision of quality services at all times with an objective to satisfy You.

10. Indemnity

10.1. The Customer agrees to fully indemnify and hold harmless Abhi, its representatives and employees, to the fullest extent of the law from any consequence arising as a result of using the App.

11. Unscheduled Downtime

11.1. During unscheduled maintenance a notice shall be placed on the App and an email/SMS shall be sent notifying Customer that there is an unscheduled outage and the expected duration.

ABHI UAE B2C Terms and Conditions

These terms and conditions (“Terms of Use”) govern your use of the Abhi Services, provided by Abhi through the App. 

By accessing and using the EWA service, you agree to abide by the terms outlined below.

1. Definitions

1.1 “Abhi” refers to Abhi Middle East Limited or Abhi Fintech Limited, the provider and owner of the EWA service. (Abhi is also referred to throughout the terms and conditions set out below as “we”, “us” or “our”).

 1.2 “Abhi Services” refers to the provision of EWA to Employees of various entities, as well as other services, by Abhi through the App. 

1.3 “App” refers to the mobile application or website provided Abhi, which serves as the platform for accessing Abhi Services. 

1.4 “Employee” shall mean any individual user of Abhi Services.

1.5 “EWA” refers to the ‘Earned Wage Access’ service offered by Abhi, allowing Employees early access to salary earned (or portions thereof) up until the date and time of initiating a transaction through the App.

2. Eligibility

2.1 Before being onboarded for Abhi Services, you must agree to be bound by these Terms of Use. Failure to agree to these Terms of Use will result in your inability to access Abhi Services. You should read the Terms of Use carefully before you agree to be bound by them and you should determine whether the Abhi Services are appropriate for you given your personal or financial circumstances.

2.2 We reserve the right to amend the Terms of Use at any time, and in the event that we do so, an email will be sent to your registered email account with us informing you of the amendment.

2.3 Abhi will determine your eligibility for Abhi Services based upon its own criteria and our review of your data and circumstances. Whether you are eligible will be determined by us at our discretion and will depend on numerous factors such as our assessment of your creditworthiness, your history of transactions, your employer’s payroll history, as well as the following criteria:

2.3.1 you are living in the United Arab Emirates and have provided your permanent residential address;

2.3.2 you are 18 years of age or older;

2.3.3 you have an active email account registered in your name;

2.3.4 you have an active mobile phone number registered in your name;

2.3.5 you have provided all your information and documentation requested by us; and

2.3.6 you declare that any payment obligations arising from Abhi Services will be met by you 

2.4 Notwithstanding any other term of these Terms of Use, we explicitly reserve the right, at our absolute discretion, to decline your access to Abhi Services at any time without giving reasons for doing so.

3. Abhi Services

Earned Wage Access:

3.1 On the condition you have been approved to use Abhi Services, you will be able to use EWA to access your earned salary, a service provided by Abhi;

Other Products and Services:

3.2 We may provide you, at our sole discretion, with offers and benefits such as discounts, special events, pre-access to products, sales promotions, merchant offers, sampling and giveaways. Any such offers or benefits will be subject to separate terms and conditions as notified to you.

Service Fee:

3.3 You will incur a fee for the use of Abhi Services. The specific fee will be disclosed at the time of you availing the service, along with any promotional offers that you may be eligible for.

3.4 You acknowledge that using certain Abhi Services (e.g. EWA) may impact your upcoming regular salary payment (e.g. payment of the fee and repayment of the EWA amount will be deducted from your next salary).

3.5 Please note that the fee and promotional offers available may vary and are subject to change at Abhi’s sole discretion.

Suspension and termination:

3.5 As a valued Abhi user, you acknowledge and agree that you are responsible for making timely repayments in accordance with the agreed repayment terms. Failure to meet these obligations may lead to certain consequences.

3.6 In the event that you fail to make a repayment within the agreed repayment period or if you breach any of the Terms of Use or if required to do so by applicable laws and regulations, Abhi reserves the right to suspend your access to Abhi Services.

3.7 It’s important to note that, even in the event of suspension, you will continue to be liable for repayment until such time as any outstanding balance and amounts are repaid in full.

3.8 We may initiate debt collection procedures and incur costs to recover any amounts due from you. These costs will be added to the sums owed by you.

3.9 Your access to Abhi Services may be reinstated upon the full repayment of the outstanding balance and amounts owed, and upon ensuring compliance with the Terms of Use.

3.10 In the event of access suspension, you will be duly notified by Abhi through the contact information provided in your App user profile. 

3.11 Abhi shall not be liable for any fees, charges, or expenses incurred by you due to the suspension of access to Abhi Services.

4. Your Information

4.1 By agreeing to these Terms of Use, you are providing your consent for Abhi to collect, store and process your personal data. We store and process your information for legitimate purposes, compliance purposes, and to improve your use of the Abhi Services, and to provide you with offers and benefits.

4.2 You agree that Abhi may at any time make inquiries about you and request any information about you that Abhi requires to provide you with Abhi Services, including but not limited to your credit score or a credit indicator relating to you that Abhi considers appropriate from any financial institution, credit bureau, or reference agency (including the Al Etihad Credit Bureau) or any other source that Abhi considers necessary, to assess your eligibility to use the Abhi Services.

4.3 You hereby authorize Abhi (and those organizations acting on its behalf) to make such enquiries and obtain such information about you without the need for further consent or approval from you or notification to you, for the purposes of determining your eligibility for the Abhi Services.

4.4 We may also disclose any information aggregated by us or report your repayment history and credit behavior to any credit bureaus (including Al Etihad Credit Bureau) or any other agency authorized and approved by the UAE Central Bank (“CBUAE”), in accordance with our obligations under applicable law or as mandated by the CBUAE.

4.5 All personal data collected, stored and processed shall be done so in accordance with the data protection laws stipulated by the governing law of these Terms of Use.

5. Queries and Complaints

5.1 In case of any dispute or concerns regarding access, suspension, your data protection rights, or other issues, please contact the Abhi customer service team on the contact details provided in the App.

6. Restricted Use and Intellectual Property Rights

6.1 We own or hold the rights to any and all intellectual property in the App.

6.3 We hereby grant to you a license to access and use the App solely for the purpose of your use and enjoyment of the Abhi Services, as outlined in these Terms of Use and, where applicable, as expressly authorised by us.

6.4 You are expressly prohibited from:

6.4.1 using our App otherwise than in accordance with these Terms of Use and other than for the purpose of using the Abhi Services;

6.4.2 reselling or sub-licensing the use of our App;

6.4.3 reverse engineering, copying or otherwise reproducing, or creating any derivative work from our App;

7. Disclaimer and Liability

7.1 We hereby exclude all warranties and conditions, whether express or implied by statute, common law or otherwise, to the extent permitted by law that:

7.1.1 as to the performance of the App;

7.1.2  that the use or access to the App will be uninterrupted;

7.2  The App is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the suitability of accessing and using the App, and your use and access of the App is entirely at your own risk.

7.3  Abhi hereby excludes any and all liability for any loss or damages incurred by you or a third party arising from, or in relation to, use of the App or Abhi Services.

7.4 The total liability of Abhi for any breach of these Terms of Use, shall be capped in the aggregate amount and for the duration of these Terms of Use at a total amount of Ten Thousand United Arab Emirates Dirhams (AED10,000).

7.5 Without prejudice to clause  above, to the extent permitted by law, you hereby indemnify release and hold harmless Abhi, our directors, officers, employees and agents from and against any and all losses, actions, claims (actual or threatened), proceedings (including proceedings where we are joined pursuant to any proportionate liability regime) or demands (including any costs and expenses in defending or servicing same) which may be brought against us by a third party, in respect of any loss (including any indirect or consequential loss, loss of opportunity, loss of revenue, loss of profit, loss of reputation), death, injury, illness or damage to persons or property, and whether direct or indirect and in respect of any breach of by you of these Terms of Use.

8. Miscellaneous

8.1 These Terms of Use contain all the terms agreed between us and you regarding their subject matter and supersede and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing.

8.2 If any of these Terms of Use should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

8.3 Our failure or delay in exercising any of our rights under these Terms of Use does not mean that we are unable to exercise those rights later.

9. Governing Law and Jurisdiction

9.1 These Terms of Use, the provision of the Abhi Services and all contracts concluded by us are governed by the laws of the Abu Dhabi Global Market (‘ADGM’).

9.2 You irrevocably agree that the competent courts of the ADGM shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use, the provision of the Abhi Services and any contracts concluded between us.