TERMS OF SERVICE
(Last Updated Aug 20, 2020)
Welcome to Empala! These terms of service ("Terms of Service
") constitute a legal agreement between you, and Empala PTE LTD ("Empala
") governing your use of the Site and the Services. As used in these Terms of Service, the words "Community Member", "you" and "your" refer to you, the user of Empala's website, device, and/or applications, as the party agreeing to these Terms of Service. The words "we", "us", "our" and any other variation thereof refer to Empala. Any reference to "Empala" in this document includes the directors, officers, employees, contractors, owners, agents, licensors, or licensees of Empala. As used in these Terms of Service, the term "Site" includes all websites, devices, and/or applications we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word "including
" in these Terms of Service to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.
ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. You may not use the Site or Services, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with Empala; (b) you are prohibited by law from receiving or using the Services; or (c) you are not a Singapore resident.
You agree to comply with these Terms of Service. We may revise these Terms of Service and any of the policies listed above (together, the "Policies") from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes materially reduce your rights or increase your responsibilities, we will provide notice to you via in-app notification and/or email at least 10 days prior to implementing the changes to the Policies. By continuing to use our Services after any changes to the Policies become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to the Policies, you may close your account and terminate your Services with Empala.
SIGNING UP WITH EMPALA
You may only have one account with Empala. To create an account, you must be a resident of Singapore, be at least 18 years old, have a Verified Source of Income
, a Bank Account
and use a cellular/wireless telephone number and/or email address that you own.
An Empala account will let you:
- Draw down
- Access content related to financial stability and literacy
- View your tracked income
You acknowledge that you must keep confidential any credentials you use to access your Empala account, the Site and the Services. Your phone number, email address and other contact information must be kept current in your account profile. If you believe that either your credentials or a device that you use to access the Site and/or our Services has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify us IMMEDIATELY at email@example.com.
You also agree to provide accurate profile information, including, as applicable, your name, physical address, email address ("Profile Information
"). Please update all your Profile Information whenever the information provided to us is no longer accurate. You can update your Profile information by clicking on the settings link after you login. If you need help in changing your Profile information, please email us at firstname.lastname@example.org. You also agree to provide accurate Bank Account information, and promptly update it whenever the information is no longer accurate. Note that we are not responsible for any payment processing errors or fees or other Services-related issues arising from your failure to keep your Profile Information current.
TERMINATING YOUR EMPALA ACCOUNT
You may close your account and terminate your relationship with us without termination fees. However, if we have been unable to recoup payment of a Draw down from Empala, you will be unable to use the Services and Site even if you reactivate your account and sign up again until we are able to recoup any unreimbursed Cash Outs.
Once we have verified the Required Identifying Information
that you provide to us, you will be able to begin using Empalas Services and Site. If we have not verified the Required Identifying Information that you have provided to us, you have not provided all the Required Identifying Information, or you have not completed the account registration process, you may be unable to use Empala's Services and Site.
NO REQUIRED FEES OR CHARGES
You are not required to pay any fees or charges to use any of the Empala Services. There are no required fees to obtain a Draw down from Empala.
Draw Down. Allows you to access some or all of various forms of income (such as your earned wages, government benefit checks, etc.) by requesting a "Draw down" prior to when that income is deposited into your Bank Account, by requesting a "Draw down". You will have a set "Daily Max", which is the maximum you are allowed to Cash Out in one day, as well as a "Pay Period Max", which is the maximum amount you can Draw Down before the next scheduled deposit. All Empala members start with a $100 Pay Period Max, with a potential for it to increase up to $500. We have the right to adjust your maxes at any time. Your maxes are determined based on an evaluation of a number of factors we have identified that we believe are related to evaluating your financial health. These factors may be changed at any time, at our sole discretion. We may also limit the number Draw Downs that you can request at any given time or over a period of time, or decline to extend a Draw Down to you if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Services. Generally you will receive your Draw Down within the next 2-3 Banking Days after you have submitted your request. NO OBLIGATION TO REPAY
We will have no legal or contractual claim or remedy against you based on your failure to repay any Draw Down you take, however, if we are unable to recoup funds from a Draw Down from Empala, you will be prevented from using the Services until you pay any outstanding authorized payment to Empala. Empala will not engage in any debt collection activities if the amount of the Draw Down is not repaid on the scheduled date, place the amount of the Draw Down as a debt with, or sell it to, a third party, or report to a consumer reporting agency concerning the amount of the payout.
YOUR USE OF THE SERVICES
You may only use the Site and Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Site and the Services must comply with all applicable law. If your use of the Site and/or the Services is prohibited by applicable law, then you are not authorized to use the Site and/or the Services. We are not responsible if you use the Site and/or the Services in any manner that violates applicable law.
When you request a Draw Down, you warrant that the earned wages being cashed out are just and due to you and that you have not received payment for such wages or any part of the wages from anyone else.
MODIFICATION TO SITE OR SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Empala Site or the Services with or without notice. We reserve the right to change the Services and Terms of Service, including applicable fees, in our sole discretion and from time to time. In such event, if you are a member of the Service and such changes are material, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Empala will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Site or the Services.
RIGHTS YOU GRANT TO US
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to us through the Empala Services, you are licensing that content to us solely for the purpose of providing such Services. Empala may use and store the content for the purpose of providing the Service to you. By submitting this content to Empala, you represent that you are entitled to submit it to Empala for use for this purpose, without any obligation by us to pay any fees or other limitations.
By using the Site and the Services and providing Profile Information to us, you authorize us to obtain, directly or indirectly through our third-party service providers, information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases that may be necessary to provide the services. We make no effort to review such information for any purpose, including, but not limited to, accuracy, legality, or non-infringement. You agree that our third-party service providers and the operators and owners of the third-party websites will be entitled to rely on the foregoing authorization granted by you.
EMPALA'S INTELLECTUAL PROPERTY RIGHTS
All content included or available in connection with the Site, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the "Content") and the selection and arrangement thereof is owned exclusively by Empala, the licensors or suppliers of Empala and is protected by international copyright and other intellectual property laws. You may not copy, imitate, modify or use them without our prior written consent. All rights,title and interest in the Content is hereby reserved. Without limiting the foregoing, no Content on the Site or in the Services may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Empala. You may not alter or modify or change Empala's Content in any way, use them in a manner that mischaracterizes Empala or display the Content in a manner that implies Empala's sponsorship or endorsement.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to Empala will be treated as being non-confidential and nonproprietary, and Empala will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL EMPALA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) (COLLECTIVELY, the "EMPALA PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, 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 SITES, THE SERVICES, INCLUDING DRAW DOWN, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITES, 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 SERVICE, EVEN IF THE EMPALA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, THE EMPALA PARTIES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTIONS AND THE PREVIOUS SECTION MAY NOT APPLY TO YOU.
INDEMNIFICATION OF EMPALA
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Empala Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys' fees arising out of or relating to (i) your access to, use of or alleged use of the Site or the Services; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party.
GOVERNING LAWS AND JURISDICTIONS
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of Singapore. Any dispute, controversy or claim arising out of or in connection with the TOI, including any question regarding its existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre ("SIAC") or at such other venue in Singapore as the parties concerned may agree in writing in accordance with the SIAC Rules. A tribunal shall consist of a single arbitrator to be appointed by the chairman of the SIAC. The decision of the tribunal shall be final and binding on the parties concerned. The language of the arbitration shall be English. The parties concerned undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential. In the event of any breach of the TOU and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
If you have any questions or comments about these terms, please contact us at the address listed above. Please report any violations of these TOU to email@example.com
DEFINITIONS: Bank Account
- your checking account at your bank that you have linked to your Empala account to use the Site or Services. Banking Day
- means Monday through Friday, excluding federal banking holidays. Required Identifying Information
– depending on the Service, we may require certain information to validate who you are, including but not limited to:
- a copy of your government-issued photo ID, such as a passport or driver's license;
- a copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and Singapore street address on it; and
- Such other information and documentation that we may require from time to time.
- (1) that has a fixed work location in which you work out of and has an online/electronic timekeeping system, or is verified by any other means that we may permit; (2) is paying you on a regular pay schedule (weekly, bi-weekly, semi-monthly, monthly); and (3) is paying up to 50% of your earnings into your Bank Account.) If you do not, or cannot provide timesheets, you can use "Track Income", which can automatically track your earnings, and add them to your Empala account based on your work address. To use Automatic Earnings, we need your phone's GPS (location services) to be on at all times, and you must have a fixed work address. Verified Source of Income
- means either: (1) paychecks you receive from a Verified Employer or (2) anticipated income that may include, but is not limited to, government-sponsored benefits, public or private retirement benefits, and other cash distributions that you have not receive. If you are unsure or have questions please contact us by emailing firstname.lastname@example.org.
CONSENT TO RECEIVE ELECTRONIC DISCLOSURES
You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information ("Communications") may be provided by us to you by electronic means (i.e., via email, through the Service by displaying links to notices generally on the Site, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:
- these Terms of Service and any amendments, modifications, or supplements;
- records of any payment and other transactions you handle through the Sites or Services, including payment histories and transaction confirmations;
- disclosures or notices provided in connection with the Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices);
- any customer service communications, including communications with respect to claims of error or unauthorized use of the Sites or Services; and
- any other communication related to the Sites or Services.
You understand that, in order to view and/or retain copies of the electronic Communications, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome). Your access to this page through your device verifies that your device meets these requirements. You must also have a valid email address, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the Sites or Services.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting email@example.com, and stop using the Sites and Services. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
For all of Empala Services, you agree that any form of electronic signature, including but not limited to signatures via facsimile, scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as an original signature.
ACCEPTABLE USE POLICY
As a condition of your use of the Sites and Services, you represent and warrant to us that you will not use Empala's Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not:
- request a Draw Down for any earned wages that you do not have the complete right, title and interest in or for which you have already received payment;
- use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services;
- obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services;
- access the Sites by any means other than through the interface that is provided by Empala for use in accessing the Sites;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Services; or
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service.
If we, in our sole discretion, have reason to believe that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect ourselves, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
- we may close, suspend, or limit your access to your account or ability to use the Sites or Services;
- we may update inaccurate information you provided us;
- we may decline to allow you to use the Sites or Services in the future;
- we may take legal action against you; however, with respect to any Draw Daown, we will not engage in collection efforts to collect payments due to us, place the outstanding amount as a debt with, or sell it to, any third party, or report your repayment history to a credit bureau or other consumer reporting agency; and
- we may hold you liable to Empala for the amount of damages caused by your violation of these Terms of Service.
Empala, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without notice to you.