Salary Hero Co., Ltd. (the “Service Provider“) is the owner and the manager of this website and application (the “Platform“). Any activities on the Platform and any services provided by the Service Provider to you (“You”) shall be interpreted and governed in accordance with this Terms and Conditions of Use (the “T&Cs“), so please thoroughly study this T&Cs in detail before entering the Platform. We reserve the right to refuse to provide any services to you unless you agree to all the provisions stated herein, which are necessary for the performance of the Services (as defined below) to you as well as protecting our legitimate rights.

Upon your access to our Platform, it shall be deemed that you have agreed and accepted to be bound and comply with these T&Cs.

1.    Definition

1.1   “User” “You” “Your” means the employee of the Employer who is qualified according to Service Provider’s requirements and has registered as the user to use the Services of the Service Provider on the Platform.

1.2   “Service Provider” “We” “Our” means Salary Hero Co., Ltd. and its affiliates.

1.3   “Platform” means the website, application or other online-offline channels and/or system provided by the Service Provider for the use of Services.

1.4   “Services” means any salary advancing, financial wellness management, knowledge sharing and other upcoming products/services of the Service Provider.

1.5   “Employer” means an employer of the User that has entered into an agreement with the Service Provider to enable the User to use the Services on the Platform.

1.6   “Request” means an advance withdrawal request made on the Platform by the User.

1.7   “Fee” means access fee for the use of the Services in the chosen format

1.8   “Employee Information” means the information of the User which includes, but is not limited to, personal information, salary, leave record, overtime record, employee benefits and other information which may be demanded by the Service Provider to proceed the Request and the provision of the Services.

1.9   “Employment Agreement” means the relevant employment agreement entered into directly between the User and the Employee.

2.    Platform Prerequisite and Requirements

2.1   Pre-requisite Qualification. In order to be registered as the User, the User shall currently be an employee of the Employer and the Employment Agreement shall remain valid and enforceable at the time of registration and at the time that the Request is made.

For the avoidance of doubt, in order to validate the pre-requisite qualification,

2.1.1   the Service Provider may request the User to give any additional Employee Information and to submit a copy of any additional documents or evidence;
2.1.2   the User shall represent and warrant the accuracy and completeness of any additional information (including, in particular, the Employee Information, or document that the User submit to the Service Provide; and
2.1.3   the Service Provider reserves the right to discontinue or terminate the Services provided to the User unless the User agrees to comply accordingly.

2.2   Electronic Signature. The User will be entering into any agreement or any documentation on the Platform using the electronic signature. The electronic signature will be provided after the verification of the User’s identity by using their 9-digit phone number and the entry of the relevant password as the identifier or by one-time passwords provided to the user with ID verification (the “Identifier”); provided that the User acknowledges that the input of such Identifier shall be constituted as an electronic signature defined by the Electronic Transaction Act, B.E. 2544 (2001) and the User shall be unconditionally and irrevocably bound by those executed agreement and documentation.

For the avoidance of doubt, the User acknowledge that the Identifier for the Platform and Services access is solely a property of the User and must be kept in strict confidentiality. In the case that any third parties may know or get unauthorized access to such Identifier, the User shall notify the Service Provider immediately. By failing to do so, the Service Provider shall consider any transaction and/or actions made with the User’s identifier on the Platform are solely the User’s responsibility and the Service Provider shall not be liable for any damages that may arise from the User’s negligence in securing such Identifier.

2.3   Fee Payment. In exchange for the use of the Services, the User shall pay the Services fees at the rates as specified by the Service Provider (the “Fee”); provided that the Service Provider reserves the right to change the Fee rates or structure at any time upon prior notice by the Service Provider.

2.3.1   The Service Provider shall deduct the applicable Fee for each Request from the total advancement proceeds that the User shall be entitled to at the end of the relevant payment cycle;
2.3.2   The details of transaction, shown in the “Transaction” menu, shall be deemed as an e-receipt for the Fee payment. In the event that the User needs a hard copy of such Fee payment receipt, please contact the customer service during the business hours.

3.    User’s Rights and Responsibilities

3.1   Services to be Performed. Through the Platform, the User shall be entitled to use the following Services from the Service Provider:

3.1.1   to make a Request for a salary advancement from the Employee via the Platform and to receive the salary advancement (deducted by the applicable Fee) from the Service Provider;

For the avoidance of doubt, for the Service of salary advancement, the User shall acknowledge and accept that (i) the Service Provider will only facilitate in conveying the Request to the Employer who is obliged under the Employment Agreement to make direct salary to You; and (ii) the advancement made by the Service Provider, on behalf of the Employer to You, shall not be considered a direct loan or lending facilities that the Service Provider is providing to you under this scope of Services;

3.1.2   to get access to other financial wellness management, knowledge sharing and access to request for other upcoming products/services of the Service Provider under which the Service Provider will inform and notify the User via the Platform; and
3.1.3.  to exercise any other rights which may be additionally determined or amended from time to time by the Service Provider.

3.2   User’s Obligations under the Employment Agreement. The User shall acknowledge and accept that the key pre-requisite qualifications for the validity of your User account and your access to the Service shall depend on the validity of the Employment Agreement under which Service Provider do not have any involvement in the performance or the validity of such employment whatsoever. In case such Employment Agreement is terminated, your User account and access to the Services shall be terminated with an immediate effect.

For the avoidance of doubt, in case there is any dispute or demand made under the Employment Agreement either by the Employee or the User that the Service Provider as the non-contracting parties may or may not be aware of, it shall be the sole responsibility and obligation of both the Employer and the User to settle and resolve those dispute or demand and the Service Provider shall not be obliged to intervene or be involved; the Service Provider shall be entitled to suspend the performance of the Services during the time that all those disputes or demands are being settled.

3.3   User’s Profile. The User’s profile and rights to use the Service on the Platform are solely the property of the User and shall not be transferred to any third parties without the prior written approval given by the Employee and the Service Provider.

3.4   Use of the Services and Platform. The User acknowledges that the User’s scope of the use of the Service is restricted by the Service Provider; and the User agrees to use the Platform for the Services usage and for legitimate purposes only.

For the avoidance of doubt, the User shall not do any of the following:

3.4.1   use the Platform and/or the Services for any illegal action and any other commercial purpose or for the benefit of any third party or in any manner not permitted by these T&Cs or without prior written consent and/or authorization granted by the Service Provider;
3.4.2   copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Platform and/or any Services (or any part thereof);
3.4.3   submit, transmit or display any content which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of the Service Provider or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging right, without their prior explicit approval;
3.4.4   collect or store any personally identifiable information of any person from the Platform without the express permission of the relevant data subject;
3.4.5   violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing;
3.4.6   act in a manner which might be perceived as damaging to the reputation or goodwill of the Service Provider and/or the Platform or which may bring the Service Provider and/or the Platform into disrepute or harm; and
3.4.7   impersonate any person or entity or provide false information on the Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise the User’s identity or the origin of any message or transmittal sent to the Service Provider on the Platform.

3.5   Service Provider’s Right to Monitor. The Service Provider shall be entitled to, but not obliged to, monitor the access to or use of the Platform and/or Services as stipulated in Clause 3.4 at any time to ensure compliance of the User with these T&Cs or other legal requirements. In case of any default, the Service Provider reserves the right to remove or disable access to the Platform and/or other Services by such defaulting User at any time and without notice, at the sole and final discretion of the Service Provider and the User shall not be entitled to claim for any damages or compensation from the Service Provider in such circumstance. The right defined under this Clause shall not prejudice or impair any other rights that the Service Provider shall be entitled to under the applicable laws or any other binding contractual obligations that the Service Provider may have.

3.6   Support. The User may inquire any queries or request technical assistance via e-mail: help@salary-hero.com or other communication channels provided by the Service Provider from 9:30 AM – 5:30 PM. every Monday to Friday.

4.    Service Provider’s Rights and Scope of Responsibilities of the Service Provider

4.1   Service Provider’s Discretion. The Service Provider has sole discretion to accept or reject to provide the Services to the User.

4.2   Intellectual Property Rights. All rights, title and interest in and to the Platform and/or the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Platform and/or the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to the Service Provider.

For the avoidance of doubt, the provision of Services through the Platform is only the act of providing the User an access to the Services. It shall not be ever deemed that the Service Provider transfers any rights or intellectual properties to the User or third parties.

4.3   Personal Data Processing. For the performance of the Services, the Service Provider shall process the Employee Information of the User; provided that those process shall be executed and undertaken in strict compliance with the User Privacy Notice as provided on the Platform

4.4   Right to Suspend or Terminate the Service. Upon the Service Provider’s sole discretion, the Service Provider shall be entitled to either partially or entirely, temporarily suspend or permanently terminate the Service to the User for whatsoever reasons. In such circumstances, the User agrees to waive all rights to claim any compensation against the Service Provider due to such termination or suspension.

4.5   Service Provider’s Liability Limitation. The Service Provider shall not be held liable to any direct or indirect damages or claims arisen from the following circumstances:

4.5.1   an inaccurate and/or incomplete information, including without limitation the Employee Information, of the User, either directly obtained from the User or from the Employer where the Service Provider shall not be obliged to verify and validate;
4.5.2   an occurrence of system failure or errors under which the User shall acknowledge and agree that to the fullest extent permitted under the applicable laws, the Service Provider shall provide the Platform and/or Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty.
For clarity purpose, the Service Provider specifically does not represent or warrant that the Platform and/or the Services (or any part, feature or content thereof): (i) are complete, accurate, or any certain quality, reliable or secure in any way, (ii) suitable for or compatible with any of the Users contemplated activities and specific desires, (iii) comply with any laws applicable to the User, (iv) be free of any viruses, bugs or other harmful components or program limitations;
4.5.3   any risk or damages to the User’s computer or electronic devices from the use of Platform under which the User shall be solely responsible for the maintenance of anti-virus software on his/her computer or electronic devices; and/or
4.5.4   any delay of the payment caused by third parties, which includes but is not limited to a commercial bank, who is the Service Provider’s business partner or any delay or failure to perform caused by the external third party that the Service Provider shall not be entitled to control.

4.6   Not Direct Financing. The Service Provider is merely the service provider facilitating the transaction pursuant to the instruction of the User and the Employer and such performance of the Service Provider shall not be deemed as the operation of banks or the financial institutions or credit/debit/electronic card providers or loan credit provider or the provision of such financial service.

5.    Termination of the Service

5.1   Termination by the User. The User may discontinue use and request to cancel the User account on the Platform and/or the Services at any time, in accordance with the instructions available on the Platform and/or the additional instruction of the Service Provider. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process; provided that the Service Provider shall be entitled to suspend the cancellation or termination made by the User in case there is any pending Request being processed or in case that the Employer made specific instruction to the Service Provider. The User shall not be entitled to claim for any compensation for the Service Provider’s right to suspend the cancellation by the User.

5.2   Termination by the Service Provider. The Service Provider reserves the right to temporarily or permanently limit, suspend and terminate the Services and/or the User’s access to the Platform for the following circumstances:

5.2.1   any agreements and/or contracts made between the Service Provider and the Employer is terminated for whatsoever reasons;
5.2.2   the User is no longer an employee of a Company and/or fails to maintain the pre-requisite qualifications as defined and specified by the Service Provider;
5.2.3   the User violates any provisions stated in this T&Cs or any updated version hereof, including without limitation the case that the Service Provider finds that the User has given incorrect, incomplete, and outdated significant information; or the User uses the Platform for the illegitimate purposes or in the manner that causes damages to the Service Provider or other third parties.

5.3   Upon the termination of the Service and/or the User’s access to the Platform:

5.3.1   The Service Provider shall no longer be responsible for providing the Service to the User and not be liable for any damages under these T&Cs after such termination; and
5.3.2   The User shall no longer have an access to the Platform; shall stop using the Platform and remove the Platform from User’s computer and any electronic devices immediately; provided that all the Request that have made prior to such termination shall be automatically terminated without any recourse to the Service Provider arisen;

provided that, these T&Cs shall not affect or impair the rights and obligations, damages or liability accrued hereunder prior to such termination or expiration and shall not prejudice the rights that the Service Provider shall be entitled to claim or demand under the applicable laws or any other agreement that may have between the Service Provider and the User.

6.    Other Provisions

6.1   Amendment. The User acknowledges that these T&Cs are subjected to amendment on a regular basis to ensure its compliance with regulations and to attend the business needs of the Service Provider, provided that any revision made shall be notified to the User by the Service Provider.

6.2   No Waiver. The failure of the Service Provider to enforce any rights granted under these T&Cs or to take action against the User in the event of any breach of these T&Cs shall not be deemed nor constitute a waiver by the Service Provider to subsequently enforce their rights or actions in the event of future breach.

6.3   Governing Laws and Dispute Resolution. These T&Cs shall be governed and construed under Thai laws. In the light of disputes or issues related to these T&Cs and/or the Service, both Parties agree to submit the case to the court whose jurisdiction is in Thailand.

7.    Contact Us

Should the User wish to contact the Service Provider for inquiries or complaints regarding the Platform usage, please contact through the customer service or e-mail: help@salary-hero.com or other communication channels provided by the Service Provider.