1. APP TERMS
1.1 The “App” means the software application and services available through it called Orka Pay provided by Orka Pay Ltd (“we”, “us” or “our”). The App supports the salary advance payment solution offered on behalf of employers that have engaged us that is known as “Orka Pay”.
1.2 By installing the App and using our services, you agree to:
1.4 These App Terms will apply to the relationship between us and you for use of the App in respect of the period from when you first download the App, until you delete it and cease to be registered with us – see section 9 if you wish to find out more.
1.5 If you have any questions about these App Terms and wish to talk to us about the App then please contact us in the ‘Help’ section of the App. Any questions about the payment of your salary, including your salary advance, should be directed to your employer.
2. THE APP
2.1 The App is provided for your convenience in connection with your use of Orka Pay. The App
is for personal and non-commercial use only. The App may only be used by those who:
2.1.1 are employed by an employer who has registered with us as a participating Orka
2.1.2 are 16 years of age or older;
2.1.3 hold a UK bank account;
2.1.4 have not been suspended or removed from Orka Pay or any of our other services or products; and
2.1.5 comply with these App Terms.
2.2 The App allows you to view the amount of earnings that you have accrued and so are able to have paid to you in advance of your normal pay day. If you wish to receive an advance payment of your earnings within the App, we will support the application to your employer for such a payment and (if it’s agreed) facilitate the payment to you on behalf of your employer within the timescales specified in the App and the payment from your employer on your next pay day will be reduced accordingly.
2.3 By registering for Orka Pay and using the App, you acknowledge and agree that:
2.3.1 we provide Orka Pay to you on behalf of your employer to give you access to earnings which you have accrued prior to your pay day; and
2.3.2 if you are accepted for an advanced payment of earnings, your contract of employment with your employer is amended to include the additional terms set out in the Addendum to these App Terms.
2.4 We rely upon a number of things to make the App work properly:
2.4.1 We rely upon you being the individual legally authorised, and with the required capacity, to amend your contract of employment. You may not use the App in respect of any salary or contract of employment that is not your own, or if you do not have the capacity to amend it.
2.4.2 We rely upon the information provide by your employer on your salary and pay day being accurate and up-to-date. We do not check the information for accuracy, legality or otherwise. It is your responsibility to check that the information is accurate and up-to-date, and to correct it with your employer, if there are any errors.
2.4.3 We rely upon your employer’s systems working properly, enabling us to securely connect, retrieve and display the selected information and confirm any advance payment on your employer’s behalf.
We can’t control these things. If there are problems caused by any of them then you will need to contact your employer to try to resolve the issue.
2.5 We try to ensure that the App is available to you at all times, although we can’t promise that it will always be available or work perfectly (for example, in the case of updates, maintenance, fraud, or a fault in the systems used to provide it). These events are sometimes outside of our control.
2.6 We may use third party suppliers to support us in providing the App. We take reasonable care in selecting our suppliers so as to protect your security.
2.7 We may update the App to develop its functions. Depending on the update, you may not be able to use the App until you have downloaded the latest version and accepted any new or additional terms.
2.8 We aim to make the App as accessible as possible. If you have any difficulties when using it then please contact us.
3. KEEPING YOUR APP SECURE
3.1 You need to register on the App to use it. This will create a user account in the App (your “User Login”). When you create a User Login, you can choose your own PIN code. We will also send a one time password to your mobile telephone number to confirm that it is you accessing your User Login. As a security precaution, we won’t know your PIN code, and it will only be stored on your device. You must keep your PIN code secret and not provide a one time password to anyone else. If you lose your PIN code you are able to reset it in the App. If you change your mobile telephone number, you will need to contact us on our website or by calling 0161 533 0576.
3.2 Unless it’s caused by our failings, you are responsible for (and agree to hold us harmless from) unauthorised access to your App resulting from shared access to your device or other people having access to your User Login or password.
3.3 If you find out or suspect that your App’s User Login or PIN code has been lost, stolen, or someone has used it without your permission, you must tell us as soon as possible. You can
let us know by contacting us in the ‘Help’ section of the App. If you do so, then we can deactivate your App.
4. COMPATIBLE DEVICES AND DATA CHARGES
4.1 The App can be used on most Apple iOS and Android OS devices.
4.2 In order to use the App, you are required to have a compatible mobile telephone or handheld device and internet data access. You will be assumed to have obtained permission from the owners of the devices that are controlled, but not owned, by you, to download and use the App.
4.3 You may be charged by your network operator for internet data access. You accept responsibility for the use of the App (including data charges) and any service on or in relation to any device, whether or not it is owned by you.
5. ACCEPTABLE USE RESTRICTIONS
5.1 You must not:
5.1.1 use the App in any unlawful way or in breach of these App Terms, or act fraudulently or maliciously;
5.1.2 allow any other person to use the App installed on your device;
5.1.3 infringe intellectual property rights in relation to the App, or your use of it;
5.1.4 use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other persons; and
5.1.5 attempt to alter or decipher any transmissions to or from the servers running any service (for example, by trying to break the encryption protecting those transmissions).
5.2 Unauthorised use of the App will be a breach of these App Terms and may also violate the law.
6. PROPRIETARY RIGHTS AND LICENCE
6.1 All trade marks, copyright, database rights and other intellectual property rights of any nature in the App (including its appearance and branding), together with the underlying software code, are owned by us or our licensors. We may also use third party developed, and open source, software code in the App – further information on this is included in [the Help section of the App].
6.2 We grant to you a revocable right to use the App for your personal (non-commercial) use in accordance with these App Terms. No other or wider right or licence is granted.
6.3 You will not, nor allow third parties on your behalf, to use access to the App: (a) to make and distribute copies of the App or Orka Pay; (b) to attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App or Orka Pay; (c) to create derivative versions of the App or Orka Pay; (d) to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Orka Pay; (e) to make alterations to, or modifications of, the App or Orka Pay, or permit the App or Orka Pay to be combined with, or become incorporated in, any other programs or services; (f) in connection with any data mining, robots or other data gathering or extraction methods; or (g) for anything other than its intended purpose.
6.4 You will comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
7. DATA PROTECTION
7.1 By signing up, you agree to us processing your personal data, and us and your employer sharing relevant information between each other to enable us to validate your details and to manage adjustments to your usual earnings.
7.3 We will never use your personal information for any purpose other than providing the App to you – we will also never allow it to be used for marketing by ourselves or by anyone else.
8. OPERATION OF THE APP
8.1 We operate the App using a reasonable level of skill and care and we hope that you will enjoy using it. However, we cannot and do not promise that: (a) the information, content or materials displayed on the App are accurate, sufficient or error-free; or (b) the information on our system is, when accessed, up-to-date or complete. The App is provided “as is” and “as available” without warranty of any kind.
8.2 To the maximum extent permitted by law, we disclaim all implied warranties with regard to the App. Other than as expressly set out in these App Terms, neither we nor our suppliers or distributors make any promises, either express or implied, about the App. For example, we do not make any commitments about specific functions being maintained, reliability, availability or the ability to meet your needs.
9. REFUSING, SUSPENDING AND STOPPING YOUR USE OF THE APP
9.1 We do not guarantee to continue to make the App available in any particular form. We have no obligation to resume provision of the App if it is refused, suspended or stopped for you or any other users. We have no obligation to accept or process any requests placed through the App and have no liability for not doing so.
9.2 We may refuse, suspend or end your use of the App (or part of it) at any time – we accept no liability for doing so. We will usually inform you when this is happening but we can’t always do so. We might take this action if you breach these App Terms, if we wish to withdraw the App, for the reasons outlined below in this section 9, and in other circumstances where we believe that there is a valid reason (such as for risk or fraud management). We have no obligation to resume provision of the App or services to you, or to re-activate your User Login, if suspended or closed.
9.3 We may also need to refuse, suspend or end your usage if we are required to do so by law or if our agreement with your employer ends or requires us to do so.
9.4 If we permanently end your use of the App then: (a) the rights granted to you in these App Terms end, and (b) you must stop use of the App and remove it from your devices.
9.5 You may stop your use of the App at any time by removing the App from your devices. This will not affect any Orka Pay applications or payments made before your do so.
The App is completely free to use. There is no subscription charge or price. However, your employer may charge you for receiving an advanced payment of your earnings. If applicable, details of this fee will be set out in the App at the time you make your request. This fee will also be deduced from your earnings on your next pay day.
11. LIABILITY Important points
11.1 The App has not been developed to meet your individual circumstances. It is your responsibility to ensure that it meets your needs.
11.2 You may not use the App for commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also have no liability to you for any damage or alteration to your equipment including your devices as a result of the installation or use of the App.
11.3 We are not responsible for the actions of your employer. If you have any problems with your employer then it is your responsibility to resolve it with them directly.
11.4 These App Terms set out the full extent of our obligations and liabilities in respect of the App and the Orka Pay service.
11.5 To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for any events outside of our reasonable control, accident, or delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, our App or the Orka Pay service.
11.6 Subject to these App Terms and to the extent permitted by law, our maximum aggregate liability to you arising out of or in connection with these App Terms or your access to, use of, or inability to access or use, our App or Orka Pay shall be limited to the sum of £50.
11.7 We are not responsible or liable if the relevant cause arises from your breach or action (such as your fraud or us following your instructions), events outside of our control, or the need to comply with our legal obligations. Nothing excludes or limits our liability for: death or personal injury caused by our negligence; our fraud or fraudulent misrepresentation; or, any other liability that cannot be excluded by law. Your statutory rights are not affected.
11.8 You agree to reimburse us for all losses we incur as a result of your breach of, or failure to comply with, these App Terms or if we suffer any losses as a result of your use of the App.
12. PROBLEMS, QUESTIONS & COMPLAINTS
12.1 Please contact us if you have a question or problem. This gives us the opportunity to seek a suitable solution. It also gives us the opportunity to improve its service to you and other users. We also have an internal complaints procedure. We aim to handle all problems, questions and complaints efficiently and quickly. If you have questions, problems or complaints, regarding the App then please contact us in the ‘Help’ section of the App with a description of your concern.
12.2 Additionally, alternative dispute resolution (ADR) can take place in various ways, including face-to-face, by telephone, in writing or online. To encourage the use of online dispute resolution (ODR), the European Commission has set up an ODR platform. If you have not been able to get your complaint resolved to your satisfaction, you can submit your complaint online through the ODR platform. The platform will then send your complaint to the right ADR scheme. You can access the ODR platform at http://ec.europa.eu/odr.
13. CHANGES TO THESE APP TERMS
13.1 We may change the App Terms at any time and will inform you of a change either (a) through the App, when you next start the App, or (b) by e-mail, or (c) by an SMS message. The new terms may be displayed on-screen and you may be asked to read and accept them to continue your use of the App.
13.2 We will always act fairly and reasonably when we make these changes. The most common reasons that they will happen are if:
13.2.1 we’re changing the way that an existing part of the App operates, introducing new functionality, or withdrawing functionality;
13.2.2 we consider that we should take account of developments (or changes we reasonably expect to happen) in technology, security or industry standards and norms;
13.2.3 there are changes in the way that we operate (which could, for example, lead to some aspects of the App becoming subject to a charge) or we think that we should explain something more clearly; or
13.2.4 there is a change in law (including industry codes) that we follow, or in response to decisions of a regulator or court.
13.3 If you don’t want to accept a change we tell you about in advance, you can close your App account before it takes effect – see section 9 for more information. You can also end this agreement by closing your App account at any time after we make the change but the change will apply to you until you do so.
14. KEEPING IN TOUCH
14.2 The easiest way for you to contact us in the ‘Help’ section of the App. Please address any postal mail to us at the following address: Orka Pay Ltd, XYZ Building, 2 Hardman Boulevard, Manchester, M3 3AQ. If you contact us then please provide your preferred contact details to enable us to respond.
14.3 When communicating with us (including by telephone) it is common for us to monitor and keep a record of that communication for quality and training purposes.
15. ABOUT US
“Orka Pay” is a [registered] trade mark of Orka Pay Ltd. Orka Pay Ltd has its registered office at ABC Buildings, 21-23 Quay Street, Manchester M3 4AE and is registered with Companies House under number 12578838.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under these App Terms to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.
16.2 If we fail to insist that you perform any of your obligations, or if we do not 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. Any waiver would need to be given by us in writing.
16.3 Each of the conditions of these App 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.
16.4 Please note that these App Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non- exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.