EARLY WAGE ACCESS TERMS AND CONDITIONS

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.