1. GENERAL PROVISIONS

1.1 These Terms apply to your use of the EWA App.

1.2 We keep these Terms under review and may change or update them from time to time. We will post such changes or updates on the EWA App and you will be required to read and acknowledge the updated Terms the next time you log in to the EWA App, in order to continue using the EWA App and to make further Withdrawal Requests. If we make material amendments to the Terms, we will draw this to your attention by way of a prominent notice on the EWA App or website and/or where required notification by email to you directly. Your continued use of the EWA App will signify your acceptance of such Terms.

1.3 From time to time, we may update the EWA App (including by deploying updates, enhancements or new features). Depending on the nature of the update, you may be required to accept updated Terms before continuing using the EWA App. We may also implement updates automatically, and your continued use of the EWA App following any update will constitute acceptance of the then-current version.

1.4 you may not be able to use the EWA App until you have downloaded the latest version of the EWA App and accepted any new Terms.

1.5 We reserve the right at any time, without liability of any kind, and in our absolute discretion, to: (i) change, suspend, restrict or disable your access to the EWA App; and/or (ii) alter the scope, functionality or contents of the EWA App with or without notice to you.

1.6 We reserve the right to remove your content, delete your User Account or suspend, restrict or disable your access to the EWA App without notice at our sole discretion from time to time.

1.7 The EWA App may contain links and in-app journeys to third-party websites (“Third-Party Sites”). Third-Party Sites are not under our control, and we are not responsible for, and do not endorse, their content. You will need to make your own independent judgement regarding your interaction with any Third-Party Sites, including the purchase and use of any products or services accessible through them. We shall have no liability to you in connection with any Third-party Sites.

2. YOUR PERSONAL DATA

2.1 In order to make the Employee Benefit available to you, we require certain Personal Data applicable to you. Specifically, we require:

2.1.1 your Employer to provide the Employer Provided Data to us;

2.1.2 you to provide the Registration Data to us;

2.1.3 Service Data in order to operate and administer the Employee Benefits.

2.2 The EWA Privacy Policy explains how we Process your Personal Data including:

2.2.1 the Employer Provided Data; and

2.2.2 the Registration Data, Use Date and/or Service Data.

2.3 You may request to opt out of the EWA App and/or exercise your data protection rights at any time by emailing dpo@hastee.com. In your email, please specify whether you wish to withdraw your consent (where processing is based on consent), object to processing, or request erasure of your Personal Data in connection with the Employee Benefit. We will handle your request in accordance with our Privacy Policy and applicable Data Protection Laws. Please note that exercising these rights may affect our ability to provide the Employee Benefit.

3. GRANT AND SCOPE OF LICENCE

3.1 In consideration of and subject to your compliance with these Terms (and, where applicable, the App Store Rules), and your acknowledgement of the EWA Privacy Policy, we grant you a non-transferable, non-exclusive, non-sub-licensable, revocable licence to access and use the EWA App (including by downloading and installing the mobile application or accessing the web application via a browser) on compatible devices owned or controlled by you or your Employer (“Device”) on the basis that this licence is:

3.1.1 not a commercial licence – you may only access and use the EWA App for your own personal, non-commercial uses (i.e., not for your business);

3.1.2 personal to you and non-transferable – you may not pass this right to any other person;

3.1.3 non-exclusive – we may permit other people can access and use the EWA App;

3.1.4 revocable – we may suspend or withdraw your right to use the EWA App in accordance with these Terms; and

3.1.5 limited – the licence is limited to the rights expressly set out in these Terms and no other rights in or to the EWA App are granted or implied.

3.2 Your access and use of the EWA App may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the EWA App, or other actions that Zellis, in its sole discretion, may elect to take. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the EWA App.

3.3 We reserve all other rights.

4. ACCOUNT CREATION

4.1 In order to use the EWA App, you must create a User Account by:

4.1.1 entering the Registration Data into the EWA App as requested in the User Account set up process;

4.1.2 accepting these Terms;

4.1.3 acknowledging that your Employer will supply Additional Information to us;

4.1.4 where applicable, accepting the App Store Rules; and

4.1.5 acknowledging the EWA Privacy Policy.

4.2 Where we gather Registration Data directly from you, or if your Employer provides Employer Provided Data to us, our EWA Privacy Policy applies to our Processing of all Personal Data (including Employer Provided Data, Registration Data, Use Data and any User Feedback that we Process in providing the EWA App to you and services to your Employer that enable them to make the Employee Benefit available to you).

4.3 You acknowledge that any Zellis fair Processing information made available to you via the EWA Privacy Policy is not a substitute for:

4.3.1 any privacy notice that your Employer is required to supply to you; or

4.3.2 your Employer’s compliance with Data Protection Laws,

4.3.3 related to the Processing of your Employer Provided Data and Personal Data pursuant to the Client Contract. We hereby disclaim all liability howsoever arising in relation to your and/or your Employers’ actual or suspected infringement of such Employer policies in relation to the EWA App.

4.4 In order to use the EWA App and activate your User Account, where applicable, you must provide certain information about yourself as prompted by the User Account verification form you will access through the link sent in your Email Invitation. When your User Account has been successfully activated, you will receive an email from Zellis or an Affiliate of Zellis confirming that activation is complete. You agree and understand that you are responsible for maintaining the confidentiality of the combination of your login ID and password, together with any profile information (including, as applicable, your name, mobile number or other contact information), Registration Data and one time unique registration code which together allow you to access the EWA App and create a User Account.

4.5 Accurate records enable us to provide our services to you. You must provide us with true, accurate, current, and complete information about your accounts maintained at third party bank accounts or other sites, and you may not misrepresent any bank account information. If you do not do this, the accuracy and effectiveness of the services provided to you pursuant to these Terms will be affected. You acknowledge that neither the EWA App and/or your User Account is a bank account or an electronic money account or any other sort of payment account.

4.6 In order to allow you to use certain services on the EWA App or to respond to any support requests you make, we and/or relevant third party service providers may be required to verify your identity. You authorise us to make any inquiries we consider necessary to validate your identity. These inquiries may include requesting additional information from you, requiring you to confirm your worker or payroll identification number, verifying ownership of your email address, or completing identity verification checks.

4.7 Certain products and services made available through the EWA App may be provided by third parties who are subject to their own legal or regulatory obligations (including identity verification or anti-money laundering requirements). You may be required to comply with such third parties’ verification processes as a condition of accessing those services. We are not responsible for the outcome of any such verification process or for any decision by a third party to refuse to provide its services to you.

4.8 If you do not provide requested information, or if we (or any relevant third party) are unable to verify your identity, we may suspend or refuse access to the EWA App or relevant service. If you have reason to believe that your Registration Data or a Device that you use to access the EWA App and/or User Account has been lost or stolen, you identify any erroneous transaction or unexpected activity on your User Account, that someone has gained access to your User Account without your permission, or that an unauthorised transaction has occurred, you must notify us and your Employer IMMEDIATELY on support@hastee.com.

5. ACCRUED SALARY AND AVAILABLE BALANCE

5.1 In each Payroll Period, if you as a Registered User are:

5.1.1 a Salaried Employee, your Accrued Salary may increase on an accrual basis as determined by your Employer; and

5.1.2 a Contingent Employee, your Accrued Salary may increase each time your Employer updates Zellis with respect to work completed since the previous Pay Day.

5.2 The Available Balance is the maximum amount you may request as a Withdrawal or Savings Allocation at any time. It is calculated separately for each Payroll Period as (i) Accrued Salary x Maximum % minus (ii) the aggregate of Withdrawals and Savings Allocations deductible by your Employer from the Accrued Salary payable to you on the corresponding Pay Day.

5.3 The Maximum % is typically set at 50% but it may be changed by either Zellis or your Employer without notice to you, although it will never exceed 50%.

5.4 Each Payroll Period has a separate Accrued Salary and Available Balance. The Available Balance will be set to zero for each Payroll Period at the Cut-Off Time.

5.5 Depending on how your Employer processes its payroll, there may be Available Balances for two or more Payroll Periods, in which case the EWA App will show you the sum of these Available Balances (the “Aggregate Available Balance”) and which Payroll Period each Available Balance relates to.

5.6 If on any day there is a change to your Available Balance, the EWA App (when accessed via a mobile application) will send a push notification to you advising you of your current Available Balance (or Aggregate Available Balance if applicable).

6. WITHDRAWAL REQUESTS, WITHDRAWALS AND CHARGES

6.1 You may make a Withdrawal Request to receive a Withdrawal and/or to make a Savings Allocation up to an amount equal to the Available Balance. Where you have enabled Automated Payments, each Automated Payment will be treated as a separate Withdrawal Request for a Withdrawal.

6.2 We may accept or reject any Withdrawal Request on behalf of your Employer in our absolute discretion.

6.3 When making a Withdrawal Request, if there are two or more Payroll Periods with an Available Balance, either:

6.3.1 where available, you may elect the Payroll Period to which the Withdrawal Request applies; or

6.3.2 where no such election is possible or made, the Withdrawal Request shall apply to the earliest Payroll Period first and then to successive Payroll Periods in turn.

6.4 If you receive a Withdrawal or Savings Allocation for any Payroll Period, your Employer will deduct an amount equal to that Withdrawal and/or Savings Allocation from the Accrued Salary to be paid to you on the corresponding Pay Day.

6.5 There may be a Charge payable to Zellis or its Affiliate for the provision of a Withdrawal. No Charge is payable for a Savings Allocation.

6.6 Each time you make a Withdrawal Request for a Withdrawal the associated Charge, if any, will be disclosed to you and you will be required to accept the Charge prior to submitting the Withdrawal Request. The Charge will be deducted from your Accrued Salary by your Employer on the corresponding Pay Day and paid to Zellis or its Affiliate on your behalf.

6.7 Any indication provided on the EWA App that funds may be available to Registered Users, is provided on a non¬binding indicative basis only.

6.8 If we accept your Withdrawal Request on behalf of your Employer, the corresponding funds will typically be credited to the bank account you specify in the EWA App shortly thereafter. However, the timing of your receipt of cleared funds may vary depending upon your banking arrangements and certain other factors. We accept no liability for any delay or rejection of any payment of a Withdrawal or Savings Allocation by any third party.

6.9 We will use our reasonable endeavours to resolve any delay in payment of a Withdrawal or Savings Allocation on behalf of your Employer. In the event of a rejection by a third party of the payment of a Withdrawal or Savings Allocation to you, we will cancel the relevant part of your Withdrawal Request and update your Available Balance and Charges.

6.10 You acknowledge that you are fully responsible for your own financial planning decisions and that neither Zellis nor the Relevant Affiliate have provided any form of advice to you in connection with your use of the EWA App.

6.11 No third party (including your Employer) is entitled to act on our behalf and/or agree to any Withdrawal payment to you on behalf of your Employer.

6.12 You confirm that you are not the target of any applicable UK, EU, or United States sanctions.

7. ACKNOWLEDGEMENT

7.1 Upon becoming a Registered User, you acknowledge that; i) your Employer may share the Employer Provided Data with us; and ii) we may Process your Personal Data in accordance with the EWA Privacy Policy.

7.2 If you make a Withdrawal Request you acknowledge that:

7.2.1 the Withdrawal is made in respect of your Accrued Salary as soon as practicable rather than on the Pay Day for that Accrued Salary;

7.2.2 the Withdrawal will be paid to you by Zellis (or its Affiliate) on behalf of your Employer;

7.2.3 any Savings Allocation will be paid at the Cut-Off Time for the relevant Payroll Period and transferred to your nominated savings account by Zellis (or its Affiliate) on behalf of your Employer;

7.2.4 any Automated Payment will be processed on the applicable schedule payment date and will only be made to the extent you have sufficient Available Balance at the time of processing (and may be subject to the Cut-Off Time for the relevant Payroll Period);

7.2.5 your Employer will deduct an amount equal to the relevant Withdrawal and/or Savings Allocation and any related Charge in respect of a Withdrawal (if applicable) from the Accrued Salary that would otherwise be paid to you on the corresponding Pay Day and will pay such amount to Zellis (or its Affiliate);

7.2.6 Where Zellis (or its Affiliate) pays a Withdrawal or a Savings Allocation, this does not give rise to any debt between you and us and we will not have any recourse to you in the event that your Employer does not reimburse us for the Withdrawal or Savings Allocation (as applicable) or pay to us any related Charge

8. USE OF THE EWA APP

8.1 You are required to log in to your User Account to use the EWA App.

8.2 You are only eligible to make a Withdrawal Request via the EWA App if:

8.2.1 The Client Contract (between your Employer and Zellis and/or such Relevant Affiliate as is specified in the Client Contract) continues to be in place;

8.2.2 You continue to be employed or otherwise contracted by the Employer;

8.2.3 You are at least sixteen (16) years old;

8.2.4 Your Employer deems you to be eligible for the Employee Benefit; and

8.2.5 You have an Available Balance.

8.3 If any of the conditions in clause 8.2 are not met, you will still be able to use the EWA App to view details of your transaction history. With regard to any termination of the Client Contract as referred to in clause 8.2.1, during any notice period relating to such termination, you will only be able to make Withdrawal Requests and receive payment of sums in satisfaction of Withdrawal Requests up to the effective date of termination of such Client Contract if agreed by us in our absolute discretion.

8.4 You are responsible for the accuracy of the Registration Data; in particular, for ensuring that any bank account information you provide is correct and for verifying such details as part of making a Withdrawal Request.

8.5 You are responsible for all uses of your User Account whether by you or a third party. Where you access the EWA App through a mobile application, you should choose a 6-digit passcode for your User Account and ensure that the details of your passcode and all other security credentials are kept confidential and secure at all times.

8.6 Your User Account logs details of all your work reported to us by your Employer and your Withdrawal history. Please review your User Account regularly. If you identify any erroneous transaction or unexpected activity on your User Account, or you believe that the security of your User Account has been compromised, you must let us know as soon as possible.

8.7 You agree to ensure that all information that you submit to us will be true and accurate in all respects. If you need help in changing your information, please email us at support@hastee.com. We are not responsible for any payment processing errors or other issues arising from your failure to keep your Employer updated so that your Employer Provided Data is current and accurate.

8.8 When using the EWA App on your Device, you acknowledge and agree that the EWA App may operate in the background of your Device, which in turn may have an impact to the battery life of such Device. Use of the location-related data functionality of the EWA App will also decrease battery usage.

8.9 It is your responsibility to ensure that your Device meets minimum operating requirements imposed by relevant web browsers or App Store providers.

9. TRANSACTIONAL EMAILS, PROMOTIONS AND FINANCIAL EDUCATION SERIES

9.1 Your Employer has also requested that from time to time we send you emails containing financial education and information pertaining to personal finance (the “Financial Education Series”). We are required to send these emails on behalf of your Employer as part of our performance of the Client Contract. Your Employer may also send you separate emails about the Employee Benefit and/or the EWA App.

9.2 Promotional Content: When we send you promotional emails, push notifications and/or in-app notifications based on your consent or as permitted by applicable laws, you have the right to unsubscribe or amend your ‘in app’ preferences accordingly. You also have the ability to unsubscribe to promotional e-mails by following the unsubscribe instructions in e-mails. Please allow us up to 10 Business Days to implement your request to unsubscribe. Note that even if you decide not to receive promotional communications, we will still send you Transactional Emails.

9.3 From time to time, we may send non-commercial electronic email messages with important information about us, your Employer and/or the Employee Benefit, the Financial Education Series or the EWA Technology to your email address (“Transactional Emails”). Please note that any opt-out will not apply to such Transactional Emails.

10. FEEDBACK

We welcome any feedback or suggestions for improvements relating to the EWA App and/or any other products and services offered by us from time to time (“User Feedback”). To help gather User Feedback about the EWA Technology and how well it works for our users, we engage to third party providers to conduct market reviews on our behalf. To do this we provide them with your first name, surname and email. They are only permitted to use this Personal Data to request a review from you for market research under our instructions.

11. IF YOU LEAVE YOUR CURRENT EMPLOYMENT

Subject to clause 20, upon termination of your contract of employment or engagement with your Employer, you will be able to access the EWA App to view details of your transaction history. We reserve the right to retain a copy of your Employer Provided Data, Registration Data, Use Data and User Feedback in accordance with our retention policies, as set out in the EWA Privacy Policy and/or to fulfil our Client Contract.

12. LICENCE RESTRICTIONS

Except as expressly set out in these Terms or as permitted by any applicable law, you agree:

12.1 not to copy the EWA App or any content on the EWA App except to the extent such copying is incidental to the normal use of the EWA App on a Device;

12.2 not to rent, lease, sub-license, loan, translate, merge, or adapt the EWA App or any content on the EWA App;

12.3 not to make alterations to, or modifications of, the whole or any part of the EWA App or any content on the EWA App, or permit the EWA App or any part of it or any content on the EWA App to be combined with, or become incorporated in, any other programs;

12.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the EWA App or attempt to do any such thing;

12.5 not to remove any copyright notice on any copy of the EWA App;

12.6 not to provide to any third party the EWA App or any content on the EWA App in whole or in part (including object and source code), in any form to any person without prior written consent from us;

12.7 to comply with all technology control or export laws and regulations that apply to the EWA App; and

12.8 we only supply the EWA App for personal use to allow submission of Withdrawal Requests by you and, where approved by us, payment of Withdrawals or Savings Allocations to you by us on behalf of your Employer. You agree not to use the EWA App for any other commercial or business purpose.

13. ACCEPTABLE USE RESTRICTIONS

13.1 You must:

13.1.1 not operate more than one User Account;

13.1.2 not use the EWA App 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, including Viruses, or harmful data, into the EWA App or any operating system;

13.1.3 not use the EWA App in contravention of any applicable policies or procedures of your Employer;

13.1.4 not infringe our Intellectual Property Rights or those of any third party through your use of the EWA App, including by the submission or creation of any infringing material;

13.1.5 not use, download, copy, share, modify or otherwise exploit the whole or any part of our intellectual property or that of our licensors (including, without limitation, the logos and trademarks of Zellis), without the express written consent of the owner of such intellectual property;

13.1.6 not transmit any material that is defamatory, offensive or otherwise objectionable (as determined by Zellis) via or in connection with your use of the EWA App;

13.1.7 not use the EWA App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

13.1.8 not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EWA App;

13.1.9 safeguard any password, pin and other security credentials you use to access the EWA App or functions within the EWA App;

13.1.10 not disclose any password or pin you use to access the EWA App and must notify us immediately upon becoming aware of the loss of your password or pin or any security breach or unauthorised use of the EWA App effected using your password or pin or User Account or otherwise;

13.1.11 not collect or harvest any information or data from the EWA App or our systems or attempt to decipher any transmissions to or from the servers running any service via the EWA App; and

13.1.12 not provide false details to us.

13.2 Unless otherwise indicated, any future release, update, or other addition to functionality or content of the EWA App shall be subject to these Terms, as amended or superseded from time to time.

13.3 If we, in our sole discretion, believe that, you may have engaged in any activities restricted by these Terms or by law, we may take various actions to protect Zellis and/or the Relevant Affiliate, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:

13.3.1 we may close, suspend, or limit your access to your User Account or ability to use the EWA App or related services;

13.3.2 we may update inaccurate information you provided us;

13.3.3 we may refuse to allow you to use the EWA App or related services in the future;

13.3.4 we may report you to law enforcement authorities;

13.3.5 we may take legal action against you; and

13.3.6 we may hold you liable to us for the amount of damages caused to us by your violation of these Terms.

14. INTELLECTUAL PROPERTY RIGHTS

14.1 You acknowledge that all Intellectual Property Rights in the EWA App and the EWA Technology anywhere in the world belong to Zellis, its Affiliates, or its licensors, that rights in the EWA App are licensed (not sold) to you, and that you have no rights in, or to, the EWA App or the EWA Technology other than the right to use each of them in accordance with these Terms.

14.2 You agree that you have no right to have access to the EWA App in source-code form.

14.3 You have no right to use any trademark, logo or trading name of Zellis or its Affiliate for any purpose without our prior written consent.

14.4 If you submit any data whatsoever, including but not limited to Registration Data, Use Data, and Feedback (“Content”) to the EWA App or to us you represent and warrant that you are the owner or licensee of the Content that you submit, that such Content does not infringe any third party intellectual property rights and that you have the authority to grant the licence in this clause 14.4. You grant to us a non¬exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, transfer, enhance and communicate such Content in order to provide the EWA App to you and the services to your Employer.

14.5 You represent and warrant that: (i) you own or have obtained the rights to all of the Intellectual Property Rights subsisting in the submitted Registration Data and you have the right to provide the Registration Data and the license granted in these Terms to us to use such Registration Data as stated in the immediately preceding section above; and (ii) the Registration Data you submit, and our use of such Registration Data, as set forth in these Terms (including in any applicable EWA Privacy Policy, as in place , does not and shall not (a) infringe or violate any third party Intellectual Property Rights as defined in these Terms; or (b) violate any applicable data protection legislation in your jurisdiction or the jurisdiction as in which you operate.

14.6 Save as expressly permitted by us in these Terms, you must not use the content on the EWA App for any commercial purpose without obtaining written permission from us to do so first.

14.7 You warrant to protect Zellis and its Affiliates from any claims directed against us and to indemnify and hold us harmless from third parties’ claims as a result of your violation of this clause 14.

15. NO WARRANTY

15.1 To the maximum extent permissible under applicable law, the EWA App is provided “as is” and “as available”, with faults and without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, security or completeness of the EWA App and its contents. No oral or written information or advice given by us or our authorised representatives shall create a warranty. We do not warrant, represent or undertake that use and availability of the EWA App will be uninterrupted or error-free.

15.2 To the maximum extent possible under applicable law, no warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of satisfactory quality or fitness for a particular purpose, is made in relation to the EWA App, and all implied warranties and conditions are excluded. If this exclusion is not permitted under applicable law, our liability in relation to any such warranty or condition shall in such case be limited to the greatest extent permitted by applicable law in accordance with the provisions of these Terms. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

16. DISCLAIMERS

16.1 Except as expressly set out in these Terms, and to the maximum extent permitted by applicable law:

16.1.1 the EWA App, or any feature or part thereof, may not be available in all languages or in all countries and we make no representation that the EWA App, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the EWA App, you do so at your own initiative and are responsible for compliance with any applicable laws;

16.1.2 we make no representation, warranty, or guarantee, whether express or implied, that the content that may be available on or via the EWA App or related services is free of bugs, defects or errors, or 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 program, system or data;

16.1.3 we make no representations or warranties of any kind, whether express of implied, as to the accuracy of any Financial Education Content. The information relating to financial products and services is not generated by Zellis or your Employer and you agree that neither Zellis nor your Employer shall have any liability to you or any other person in respect of your reliance upon it.

16.2 You acknowledge that the EWA App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the EWA App meet your requirements.

16.3 Neither Zellis nor any Relevant Affiliate are responsible or liable for:

16.3.1 any delays in payment due or related to the intervention of any third party (including any delays caused by banks, failures or errors in payment or communications systems other than the EWA App itself, or for regulatory purposes);

16.3.2 any delays in payment due or related to the occurrence of an administrative or technical error, or an event, which results in disruption (of a technical or system-related nature) to our payment operations preventing us from performing our payment obligations under these Terms, the EWA Privacy Policy or from communicating with you in accordance with these Terms, and which is not caused by us and is beyond our control;

16.3.3 your Employer not having enough funds held with us to facilitate the payment to your bank account;

16.3.4 any loss or damage suffered by you or a third party in reliance on the Financial Education Content.

16.4 The EWA App is not intended to provide legal, tax, or financial advice. Neither Zellis nor any Relevant Affiliate is a financial planner, broker, or tax advisor. You should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

16.5 Any information made available through the EWA App will only reflect the information that was most recently uploaded to the EWA App by your Employer, and as such, may not reflect activity that occurred after your Employer’s last update of the EWA App or any pending transactions. Please contact your Employer in case of inaccuracy of any information made available through the EWA App, including information related to worked hours and Accrued Salary.

17. LIMITATION OF LIABILITY

17.1 Nothing in these Terms shall limit or exclude a party’s liability for:

17.1.1 death or personal injury resulting from negligence;

17.1.2 fraud or fraudulent misrepresentation; and

17.1.3 any other liability that cannot be excluded or limited by English law.

17.2 To the maximum extent permitted by applicable law, we accept no liability to you:

17.2.1 save for any Withdrawals and Savings Allocations that we agree to make to you on your Employer’s behalf, for any salary, fee or benefit due to you from your Employer, which shall be the sole responsibility of your Employer;

17.2.2 for any unauthorised use of your User Account resulting from your failure to maintain the confidentiality or security of your Registration Data or failure to use a strong password;

17.2.3 for any loss or damage suffered by you as a result of your provision to us of incorrect Registration Data or any failure on your part to verify any Registration Data;

17.2.4 for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with our provision of services to your Employer such that you may access the Employee Benefit;

17.2.5 for any losses arising from financial and tax implications arising from your use of the EWA App and the Employee Benefit; and

17.2.6 for any business losses, including loss of profit, loss of business, business interruption, loss of goodwill, or loss of business opportunity.

17.3 SUBJECT TO CLAUSE 17.1, OUR TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE), EXCLUDING OUR LIABILITY TO MAKE ANY WITHDRAWAL OR SAVINGS ALLOCATION THAT WE AGREE TO MAKE TO YOU ON YOUR EMPLOYER’S BEHALF, SHALL NOT EXCEED IN AGGREGATE THE GREATER OF:

17.3.1 THE VALUE IN POUNDS STERLING OF THE CHARGES RECEIVED BY US IN CONNECTION WITH ANY WITHDRAWAL(S) AND/OR SAVINGS ALLOCATIONS MADE TO YOU IN THE TWELVE (“12”) MONTHS PRECEDING THE DATE ON WHICH ANY CLAIM IS ISSUED; OR

17.3.2 £500.

18. REPRESENTATIONS AND WARRANTIES

18.1 You represent and warrant to Zellis that:

18.1.1 you acknowledge that the EWA App has not been developed to meet your individual requirements;

18.1.2 that all Registration Data provided to us is true and accurate in all respects; and

18.1.3 you have taken your own advice on the financial and tax implications of accepting any Withdrawal or Savings Allocation and we shall have no liability for any such financial or tax implications.

18.2 You agree to defend, indemnify and hold Zellis, its Affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:

18.2.1 any Registration Data you submit, post, transmit, or otherwise make available through the EWA App;

18.2.2 your use of the EWA App;

18.2.3 any violation by you of these Terms;

18.2.4 any action taken by Zellis as part of its investigation of a suspected violation by you of these Terms or as a result of its finding or decision that a violation of these Terms by you has occurred; or

18.2.5 your violation of any rights of another.

18.3 Clause 18.2 means that you cannot sue Zellis, its Affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Registration Data, to warn you, to suspend or terminate your access to the EWA App, or to take any other action during the investigation of a suspected violation or as a result of Zellis’s conclusion that a violation of these Terms has occurred.

18.4 The waiver and indemnity provisions in clauses 18.2 and 18.3 apply to all violations described in or contemplated by these Terms. This obligation shall survive the termination or expiration of these Terms and/or your use of the EWA App.

19. PAYMENT ERROR

19.1 Where you are overpaid as a result of an error on our part, we reserve the right on behalf of your Employer to treat the amount of such overpayment as a Withdrawal or Savings Allocation to the extent you have Accrued Salary from any current or future Payroll Period.

19.2 We shall not levy any Charge with respect to:

19.2.1 an overpayment treated as a Withdrawal or Savings Allocation pursuant to clause 19.1; or

19.2.2 any payments of a Withdrawal or Savings Allocation to you which are rejected by us or any of our sub-contractors.

20. TERMINATION

20.1 We may terminate these Terms and/or any licence granted under these Terms at any time in our absolute discretion. If you breach any provision of this these Terms, any such licence shall automatically terminate.

20.2 We may restrict your access to the EWA App at any time in our absolute discretion.

20.3 Clauses 1-4, 7-10, 12-24 (inclusive) shall survive any termination of these Terms.

21. COMMUNICATION BETWEEN US

21.1 If you wish to contact us in writing, or if any provision in these Terms requires you to give us notice in writing, you can send this to us by e-mail to support@hastee.com.

21.2 If we wish to contact you or give you notice in writing, we may do so by e-mail to the address you provide to us in connection with your User Account.

22. EVENTS OUTSIDE OUR CONTROL

22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).

22.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

23. OTHER IMPORTANT TERMS

23.1 We may assign, subcontract, or transfer our rights and obligations under these Terms to another organisation in whole or in part.

23.2 You may not assign, subcontract or transfer your rights and/or obligations under these Terms to another person.

23.3 These Terms may not be amended other than by us in accordance with clause 1.2.

23.4 If we fail to enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

23.5 Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

23.6 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

23.7 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

23.8 With the exception of Affiliates of Zellis, these Terms do not confer any rights on any person or party pursuant to the Contracts (Rights of Third Parties) Act 1999. The parties may amend and terminate these Terms without the consent of any third party.

24. APPSTORE REQUIREMENTS

Your use of any application we provide, including the EWA App, may also be subject to the terms and conditions of the app store from which you downloaded it, such as the Apple Media Services Terms and Conditions, the Google Play Store Terms of Service, or any other applicable app store terms, as may be amended from time to time.