Terms and Conditions
Wagefit Services
Terms and Conditions of Use
Last Updated: September 22, 2023
1. Acceptance of Terms and Conditions; Use of Wagefit Services.
These Terms and Conditions of Use (the “Terms”) govern your (“Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company's terms and conditions) access and use of the Wagefit website located at www.getwagefit.com (the “Website”), the Wagefit mobile application (“Wagefit app”) and the Wagefit web application (“Wagefit portal”) collectively the services (“the Wagefit Services”), operated by Wagefit Technology Limited ("Wagefit", the “Company”, "our", "us", or "we"), a Nigerian corporation. The Wagefit Services includes the Wagefit Earned Wage Access Services, which include the administration, delivery and settlement of liquidity payment requests and related services (the “Wagefit Services“), provided by Wagefit. As referenced in these Terms, a "Liquidity Payment" is a payment made to you by Wagefit, which corresponds to a portion of your calculated earned wages (wages that you have earned from your employment, but for which you have not yet been paid). By clicking “accept” below or by accessing or using the Wagefit Services, you agree that you have read, understood, and agreed to be bound by these Terms.
If you do not agree to be bound by these Terms, you are not permitted to use the Wagefit Services.
You may use the Wagefit Services only for their intended purpose and solely in accordance with these Terms. Wagefit is not responsible for third-party resources that may be contained in the Wagefit App, or any third party websites that are linked on the Wagefit website or in the Wagefit App. These Terms will remain applicable even if you agree to other terms from third parties. If you agree to other terms and conditions with Wagefit or its affiliates related to other services, the other terms will be applicable with respect to such other services and these Terms will remain applicable with respect to the Wagefit Services.
2. Privacy Policy.
By accepting these terms, you are also agreeing that you have reviewed and accepted our Privacy Policy at www.getwagefit.com/privacy.
In connection with your use of the Wagefit Services, you authorise Wagefit to receive your personal information. Wagefit may receive such information from your employer to permit payments made to you as a component of your use of the Wagefit Services. In addition, Wagefit may share information that you provide to Wagefit with such third parties for the purposes of providing you the Wagefit Services.
3. Wagefit Services.
Wagefit offers various products and services as, the “Wagefit Services” through its Wagefit Earned Wage Access Services consisting of the Wagefit Portal and the Wagefit app:
3.1 Liquidity Services. Wagefit offers qualified users access to earned, but unpaid wages, prior to the next scheduled pay day through its Earned Wage Access product (“EWA” or “On-Demand Pay” as labeled in the Wagefit app and on the Website.). EWA services are typically offered to users through the user’s employer and its relationship with Wagefit. EWAs are made with a small charge, hence the disbursement of your EWA incurs a one-off transaction fee. See The Wagefit Services section 4 below for additional details.
4. The Wagefit Services.
4.1 Liquidity through Wagefit’s relationship with your employer. You may be eligible for an EWA through Wagefit’s relationship with your employer. This service will enable you to obtain access to a portion of your earned wages prior to your next regularly scheduled payday. Liquidity are made with a small charge, hence the disbursement of your EWA incurs a one-off transaction fee.
4.2 How to Qualify. You may be eligible to receive an EWA through your employer or other entity that is obligated to make a payment to you in exchange for your work or services (each an “Employer.”). To qualify for an EWA through your Employer, the following initial criteria must be met:
(i) your Employer must have contracted (partnered) with Wagefit to offer EWA;
(ii) your Employer must be integrated with Wagefit so that Wagefit may request information from your Employer necessary to complete your request for an EWA, including time and attendance verification (if applicable), hourly rate (if applicable), wages or salary (net), tenure at employer, other jobs held and bank account information, if applicable;
(iii) you must have earned income from your Employer during the requested pay period;
(iv) you must have downloaded the Wagefit app;
(v) your request for an EWA must comply with the additional rules set forth in Section 4.3; and (vi) the EWA must be permissible under applicable law.
4.3 Liquidity through Wagefit’s relationship with your employer. Additional Rules. Wagefit has various rules built into the EWA process to evaluate the associated risk to you of receiving an EWA using factors such as annual income, tenure at employer company, hours worked in pay period, frequency of request for liquidity, and percentage of liquidity used as compared to total liquidity available in the pay period. These rules also evaluate the risk to the Employer, using various factors such as Employer’s financial condition, revenue, debt, and market capitalisation, number of workers and Employer experience in withholding wages. Once the rules engine determines eligibility, you are able to request an EWA and provide consent for the payroll deduction.
4.4 Amount of EWA and Transaction Fees. Liquidity Payments made to you in the course of receiving the Wagefit Services are not loans. Instead, the Liquidity Payments are a mechanism for providing you with early access to wages that you have already earned before your employer’s scheduled pay day. Unlike a loan, Wagefit does not charge interest and does not engage in credit reporting or collections activities. You may request an EWA through your Employer of up to 50% (more or less, if your employer has placed limits on EWA) of your earned income for the pay period by agreeing to these Terms on the Wagefit app. If you are eligible for an EWA at that time, the liquidity will be deposited into your salary bank account immediately or next day depending on the delivery schedule you choose. If you want your EWA funds sent immediately to your salary bank account, the transaction fee that applies is similar to that of an ATM (or POS) transaction fee. Similar process applies for next day liquidity. These transaction fees may be modified from time to time or your employer may have negotiated a different fee structure whereby they incur part or all of the transaction fee. Please refer to the disclosures provided to you, when you request an EWA on the Wagefit app as we always display the transaction fee applicable to your liquidity during transfer requests.
4.5 Cut-off Date
The Cut-off Date is established as a day of the pay period (e.g. month) from which the employer company includes the incidents that affect the generation of payroll i.e. it is a date or deadline for when an employer must receive all relevant payroll information such as all changes, additions, and deductions for the current pay period in order to process employee paychecks accurately and on time. The cut-off date is chosen by the employer company. Users may not make Liquidity Requests between the day of the Cut-off Date and the pay period end date (i.e. last day of the pay period).
4.6 Repayment. On the date of your next regularly scheduled paycheck, the amount of the EWA plus any transaction fee associated with the transaction will be deducted from your paycheck by your Employer in accordance with federal and state regulations. You will receive your pay minus the amount of the EWA and any associated transaction fee. Your Employer will remit the amount deducted from your pay to Wagefit to repay your EWA. All liquidity payments made to employees in a given pay period, must be settled by employers within a specific timeframe from the cut-off date entered during the employer set up registration process i.e. for monthly, bi-weekly or weekly pay periods the repayment settlement should be within 3 days after the pay period end date. If the payroll deduction is not able to be made due to system errors in the liquidity availability and/or the repayment process, Wagefit will resubmit the amount for payroll deduction in future pay periods. If the payroll deduction is not able to be made due to the employee having withdrawn from the Wagefit Service, termination including termination without notice and/or the employer company is unwilling to repay the liquidity requests made by its former employee, Wagefit will pull the amount of the EWA and any associated transaction fee by contacting the employee to make a payment to settle their account, the employee will be liable to make repayments to Wagefit and Wagefit will have the right by law to recover the liquidity payment made from the employer's former employee.
4.7 Additional Liquidity Services Terms. If we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Terms related to your use of the Wagefit Services, we may take appropriate steps to stop or prevent such activity and to recover the amount of any associated EWA. Otherwise, Wagefit will not take action against you to collect an EWA that is not repaid in accordance with the terms of this Terms. Wagefit will not i) engage in debt collection activities related to an EWA that is not repaid, ii) report non-payment to a consumer reporting agency, or iii) place the repayment as a debt with or sell it to a third party. Wagefit reserves the right to limit the total number of EWAs that you can access at any given time or for a period of time. Wagefit may also deny access to EWAs if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Wagefit Services.
5. Purpose of the Website and the Application
The purpose of this Website is to inform the User about the Terms relating to the Wagefit Services provided by Wagefit. For its part, the purpose of the Application is to allow the User to use the Wagefit Services provided by Wagefit through the Application.
6. Access to the Website and the Application
Access to and navigation of the Website and the Application, as well as the use of its functionalities, is free except for the part of the application described in The Wagefit Services section 4. Some of the services provided through the Website and the Application may be regulated by conditions of use, policies and/or special instructions that, in such cases, will replace, complete or modify the content of these Terms.
Users undertake to make appropriate and lawful use of the Wagefit Services in accordance with applicable legislation and these Terms. Users must refrain from:
- Making unauthorised or fraudulent use of the Website or the Application (Wagefit Services);
- Access or attempt to access restricted resources of the Website or the Application (Wagefit Services);
- Use the Website and/or the Application (Wagefit Services) for illicit, illegal purposes, contrary to what is established in these Terms, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or prevent the normal use or enjoyment of the Website or the Application (Wagefit Services);
- Cause damage to the Website or the Application (Wagefit Services) or to the systems of its suppliers or third parties, as well as, in particular, to introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the systems of Wagefit, its suppliers or third parties;
- Attempt to access, use and/or manipulate the data of Wagefit, third parties or other Users;
- Attempt to probe, scan or test the vulnerability of any Wagefit system or network or breach or impair or circumvent any security or authentication measures protecting the Wagefit Services or Attempt to apply reverse engineering techniques, decipher, decompile or use any other system to discover the source code of the Website, the Application (Wagefit Services) or any other element subject to copyright or intellectual or industrial property rights;
- Modify or attempt to modify the Website or the Application (Wagefit Services) or carry out actions or use means tending to alter their appearance or functions; and/or
- Attempt to access and/or use the email accounts of other Users and/or modify or manipulate their messages;
- Circumvent, disable or otherwise interfere with security related features of the Wagefit Services;
- Use any meta tags or other hidden text or metadata utilising a Wagefit name, trademark, URL or product name;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the Wagefit Services;
- Attempt to probe, scan or test the vulnerability of any Wagefit system or network or breach or impair or circumvent any security or authentication measures protecting the Wagefit Services;
7. Limitation of liability
Wagefit does not guarantee the availability and continuity of the operation of the Website or the Application. Consequently, Wagefit will not be liable in any way for any damages that may arise from:
- The lack of availability or accessibility to the Website and/or the Application (Wagefit Services);
- The interruption in the operation of the Website and/or the Application (Wagefit Services) or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, data centers, in the Internet system or in other systems electronic, produced in the course of its operation;
- Communications or dialogues in the course of debates, forums, chats and virtual communities that are organised through or around the Website and/or the Application (Wagefit Services), nor will it be liable for any damages suffered by Users as a result of said communications and/or dialogues;
- Errors or delays in accessing the Website and/or the Application (Wagefit Services) by the User when entering their data in the form, the slowness or impossibility of receiving the relevant confirmations by the recipients or any anomaly that may arise when these incidents are due to problems in the internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of Wagefit;
- Losses, damages or losses of any kind that arise from accessing and using the Website or the Application (Wagefit Services), including, but not limited to those produced in computer systems or those caused by the introduction of viruses and /or computer attacks;
- The veracity, integrity or update of the information that is not of own elaboration; and
- Other damages that may be caused by third parties through unauthorised interference beyond the control of Wagefit.
Notwithstanding the foregoing, Wagefit undertakes to make every effort to solve any problems that may arise and to offer all the necessary support to Users to reach a quick and satisfactory solution to the incident and will try as far as possible to update and rectify any information hosted on the Application that does not comply with the required guarantees of correctness. However, it will be exempt from liability for not updating or rectifying it, as well as for the content and information contained therein, provided that the inaccuracy of the content is attributable to third parties.
Wagefit does not guarantee the absence of viruses or other elements on the Website and/or in the Application (Wagefit Services) introduced by third parties unrelated to Wagefit that may cause alterations in the physical or logical systems of the User or in the electronic documents and files stored in their systems. Consequently, Wagefit will not be responsible in any case for any damages of any nature that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the User.
Wagefit does not guarantee that unauthorised third parties cannot know the conditions, characteristics and circumstances in which Users access the Website and/or the Application (Wagefit Services). Consequently, Wagefit will not be liable in anyway for damages that may arise from such unauthorised access.
By accepting these Terms, Users declare that they will hold Wagefit harmless against any claim against it, its parent company, directors, partners, employees, lawyers and agents arising from non-compliance by Users of any provision contained in these Terms or any law or regulation applicable to them of the breach or violation of the rights of third parties.
Wagefit informs the User that they may be sent SMS, notifications and emails of different nature and related to the contracted Wagefit Services.
The User shall refrain in any case from providing third party data or from carrying out any type of activity that may be considered fraudulent or generate confusion or intentionally prevent the proper functioning of the Application (Wagefit Services).
8. Links to third parties
Wagefit does not control the content of other sites from which this Website and/or the Application (Wagefit Services) can be accessed; or to which it allows access through different links. Therefore, Wagefit is not responsible for the information contained therein or for any effects that may arise from said information. Wagefit makes such links available to Users, for their comfort and convenience, an action that in no case may be interpreted as the approval or sponsorship, by Wagefit, of the contents of said websites. Wagefit makes no warranty, express or implied, about the accuracy, ownership, validity or legality of any of the linked sites and their content.
If any User or a third party observes that the contents to which this Website and/or the Application (Wagefit Services) allows access through links may be contrary to law, morality or public order, they must inform Wagefit via email: support@getwagefit.com
In the event that Users consider that there is a Linked Site with illegal or inappropriate content, they may notify Wagefit at the email address, attaching the following information:
- Identification of the caller: name, address, telephone number and email address
- A description of the facts that reveal the illicit or inappropriate nature of the Linked Site
- An express declaration that the information contained in the communication is exact
In no case does this communication entail the obligation to withdraw the corresponding link, nor does it imply the effective knowledge of the activities and/or contents indicated by the communicator.
In no case, the existence of Linked Sites must presuppose the existence of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of Wagefit with the statements, content or services provided by them.
Wagefit does not know the contents and services of the Linked Sites and therefore is not responsible for damages caused by the illegality, quality, out dated, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to Wagefit.
If Users decide to visit and/or use any of the Linked Sites, they will do so at their own risk, and will have to take appropriate protection measures against viruses or other harmful elements.
9. Compensation
In the event that Wagefit, its group companies or any other person involved in the creation, production and distribution of this Website and/or the Application (Wagefit Services) suffers any type of damage, loss or cost (including fees for lawyers and solicitors that would have been necessary) as a result of a breach by the Users of these Terms, they will be obliged to fully compensate the damages caused. The foregoing will apply, in particular, but not limited to cases in which, as a result of the breaches of the Users, claims by third parties against Wagefit or any of the companies in its group are produced. Users will hold Wagefit and its group companies harmless.
10. Intellectual and industrial property rights
This Website and/or the Application (Wagefit Services) belongs to Wagefit. Its contents (including, but not limited to, its source code, trademarks, images, icons, designs, and general presentation) are protected, in accordance with Nigerian, community and international regulations, by copyright, trademarks and other rights of intellectual and industrial property owned by Wagefit, its group companies or third parties. Access to this Website and/or the Application (Wagefit Services) does not confer in any case, nor can it be interpreted as authorisation or license of any kind on such content and rights.
Likewise, certain trade names, brands, logos, slogans and other materials displayed on this Website and/or in the Application (Wagefit Services) are duly registered in the name of Wagefit or other entities. Users are not authorised to use any of said elements, whose property will remain, in any case, under the ownership of Wagefit or said entities. Any act of reproduction, distribution, transformation or public communication, as well as any type of transfer, of all or part of the content of the Website and/or the Application (Wagefit Services) and/or, in general, any act of exploitation of the all or part of the contents (images, texts, design, indexes, forms, etc.) as well as the possible databases that the Website and/or the Application (Wagefit Services) may contain and of any object, which is protectable according to the legislation in force, especially in accordance with the regulations of intellectual and industrial property. In short, Wagefit reserves all the rights, personal and patrimonial, that correspond to it according to national, community and international regulations on intellectual property, as well as any right that corresponds to it, in the same way.
In particular, Users may not, in any case, exploit or commercially use, directly or indirectly, in whole or in part, any of the contents that make up the Website and/or the Application (Wagefit Services), as well as modify, copy, distribute , transmit, display, advertise, sell and/or license any content of the Website and/or the Application (Wagefit Services) or create works derived from them, without the prior written authorisation of Wagefit and, where appropriate, also of its owner. Any authorisation or license on the Website and/or the Application (Wagefit Services) and its content does not imply, under any circumstances, the waiver, transmission or assignment, in whole or in part, of any of the aforementioned rights.
Users may, from time to time, print copies of the individual pages of the Website or the Application, provided that they do so for their personal, non-commercial use, and keeping, without alterations, the signs referring to copyright, registered trademarks, and any other identification concerning the rights of Wagefit or third parties. The making of any other type of copy, whether in electronic format, on paper or in any other way, is completely prohibited.
Wagefit expressly reserves any civil and criminal actions, under Nigerian and foreign legislation, that may correspond to it as a result of the violationof the peaceful possession and/or unauthorised use of its industrial and intellectual property rights.
11. Data Protection
Browsing and using certain services on this Website and/or in the Application (Wagefit Services) may require users to provide personal data. Wagefit processes this type of information in compliance with applicable legislation, in accordance with the provisions of the privacy policies indicated below and which are part of these Terms. Refer to our Privacy Policy at www.getwagefit.com/privacy.
12. Cookies Policy
While browsing the Website and/or the Application, the use of cookies is used, the use of which will be regulated in accordance with the provisions of the applicable regulations and what is indicated in the cookie policies indicated below and which, in their turn, is part of the Privacy Policy.
12.1 Access to our cookies policy In this regard, we inform you that cookies are small data files that are housed in the terminal of the Visiting User of the Website and/or the Application and that contain or store certain information of the visit the same.
13. Notifications
Wagefit may send appropriate notifications through the email address provided by the Users in the forms. Users may not assign their rights and obligations under these Terms without the prior written consent of Wagefit. Likewise, Wagefit may transfer to any entity included within its group of companies, throughout the world, as well as to any person or entity that succeeds it in the exercise of its business for any titles.
14. Conflict
In case of conflict or controversy by the User with Wagefit, the parties must try to resolve their differences amicably. If they do not find a solution, the parties irrevocably submit, expressly waiving the jurisdiction that may correspond to them, to the jurisdiction of Lagos, Nigeria as described in the Governing Law and Dispute Resolution section.
15. Promotions
Wagefit may occasionally carry out promotional campaigns for its own services in which new registrations are rewarded for the invitation of new users, among other activities. For the proper management of these campaigns and to prevent fraud, Wagefit will keep the necessary information to identify the number of accounts that are being added or any other data necessary for said verification, even when the User unsubscribes from the service and during the time deemed appropriate in terms of fraud prevention. Users who wish to participate in contests and promotions must read and accept special terms and conditions for the program.
16. Modification
This Terms may be modified by Wagefit at any time by updating and posting a new version on the App or/and Website or by otherwise notifying you of the revised Terms. By using the Website, or the Wagefit app (Wagefit Services), you agree to be bound by the terms and conditions of the version of this Terms that is in force during such use.
17. Termination
Without prejudice to any right that may correspond to the User, Wagefit may terminate any User and terminate the relationship between the parties with immediate effect by means of notification if:
- The User violates these Terms, provided that said violation is substantial and cannot be corrected. In the event that said infraction is correctable, Wagefit may terminate the relationship if said correction is not made within a non-extendible period of twenty (20) business days that Wagefit will grant to proceed with said correction.
-The User or the employer company of which you are a worker is in any of these situations related to a current or potential insolvency: (i) if you suspends or threatens to suspend the payment of your debts or is unable to pay your debts when due or admits or considers themselves unable to pay their debts; (ii) if you enter into negotiations with all or any class of your creditors for the purpose of rescheduling any of your debts, or make a proposal or enter into any agreement with any of your creditors that has as its objective a restructuring related to your creditworthiness; (iii) if you request insolvency proceedings in any of its forms; (iv) if it is subject to an event that may cause the appointment of a receiver or a receiver over all or some of its assets; (v) if you are subject to a creditor attaching or taking possession of all or a substantial part of your assets; (vi) if you have assets at any time that are worth less than the amount of your liabilities; (vii) if it suspends or ceases, or threatens to suspend or cease, the performance of all or a substantial part of its activities; (viii) if you are in a situation similar and/or equivalent to the above.
- Wagefit receives any order or instruction in this regard from a judge or court or from any administration or competent body.
- Wagefit considers that by continuing to provide the services provided for in these Terms, Wagefit could be infringing the regulations and/or laws related to money laundering; or in the event that the User or the employer company for which he is a worker does not provide all or part of the information requested by Wagefit in compliance with the applicable regulations in this regard;
- There has been a substantial increase in the risk profile of the User or the employer company for which they work since Wagefit began providing services or since the last "know your customer" checks were made with respect to said User and/or the employer company, in accordance with the applicable regulations on money laundering or any other of a banking or financial nature that may be applicable.
- If Wagefit considers, based on reasonable grounds, that continuing to provide the service to a certain User or the employer company for which they work may pose a threat to the security of the Website, the Application (Wagefit Services) or any other systems or assets of Wagefit:
The termination of the relationship between the parties will occur without prejudice to the rights that may correspond to each of the parties on that date.
18. Exit Policy
When Wagefit proceeds to unsubscribe any User and terminate the relationship between the parties in accordance with what is stated in the previous section Termination, Wagefit will notify the User and the employer company of which he is a worker.
Once this fact has been notified, Wagefit deactivates all the functionalities of the Application (access to the Wagefit Services). Likewise, the User must cancel the service by selecting this option in the Wagefit mobile application where applicable.
When this occurs, the User undertakes, where appropriate, to immediately pay Wagefit all amounts pending payment, with respect to the services provided but that have not been collected to date. In this regard, Wagefit may present a settlement invoice that will be payable immediately upon receipt. Similarly, if there is an outstanding Liquidity Payment, it must be duly settled and any request for a Liquidity Payment that is in process will be deemed concluded and denied.
In addition, each party shall: (i) securely destroy all confidential information and personal data of the other party in its possession or control; and upon request (ii) confirm to the other party that these steps have been taken, except when (and strictly to the extent) keeping copies of the Confidential Information is required to comply with applicable law (including the one related to data protection) or with a requirement demanded by a competent administration and body. However, for legal reasons, Wagefit will keep the User's information, securely, for the minimum time required by the applicable regulations at all times.
19. General conditions applicable to the Wagefit Services provided by Wagefit
19.1 Responsible. The Wagefit Services are provided by the Company Wagefit Technology Limited, Nigeria. Wagefit provides employer company with the Wagefit Services, which in turn are used by Users through the Wagefit Application. Users must previously register in the Wagefit Application in order to use the Wagefit Services. Users can contact the Wagefit support team at any time by email to the address: support@getwagefit.com
19.2 Recipient of the Services. Any natural person residing in Nigeria, of legal age, who has an employment relationship with a employer company adhering to the Wagefit Services and wishes to use said Wagefit Services through the Wagefit mobile application.
20. Governing Law and Dispute Resolution
These Terms shall be governed by and inter the Law of the Federal Republic of Nigeria. Your use of Wagefit’s services may also be subject to other local, state, national or international laws.
If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting the Company and in the event that it is not resolved, you agree to submit the dispute to Lagos Multidoor Courthouse (LMDC) for mediation. The LMDC rules shall govern the conduct of the mediation. You agree that any settlement agreement reached at the mediation shall be binding on you.