TERMS AND CONDITIONS

These Terms and Conditions (the “Terms”) shall govern your enrollment, availment, and use of the AgadPay Service (the “Service”) provided by n90 Lending Corp. (the “Service Provider”) and facilitated by your Employer. By signing up and using the Service, you hereby agree to these Terms.

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I. Program Overview

The Service allows eligible employees to access a portion of their earned wages prior to the scheduled payroll date. Such access shall be subject to the limits and conditions set forth in this Terms. 

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The Service is a benefit facilitated by your employer who has an existing partnership with the Service Provider. The Service is also administered by the Service Provider through the Agadpay platform or application. 

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II. Eligibility

In order to be eligible for the Service, the employees must:

1. Be a regular employee;
2. Have no pending HR cases; and
3. Have no other loans being deducted from his/her salary.

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Any misrepresentation on the eligibility requirement or misuse of the Service shall disqualify or suspend the employee from further availing or accessing of the Service, and in case the earned wage is accessed, the employee shall immediately return the same without need of demand. 

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III. Enrollment

In order to avail of the Service, you are required to sign up to the Agadpay platform or application, and provide the necessary personal information as may be required by the Service Provider, including, but not limited to, your name, address, birthdate, employment details,  bank information, payroll information, email address, and such other information that is necessary to provide the Service. You may also be required to upload documents which may contain personal information to verify your identity and for other purposes related to the Service. 

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IV. Data Privacy

By signing up with the Service, you (the “data subject”) hereby consent to the collection, use, processing, and storage of your personal data including but not limited to the personal information listed in Section III.  

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Your personal data may be shared with the with the following parties strictly for the purpose of performing the Service:

1. The Service Provider, its officers, employees, authorized personnel, on a need to know basis, acting as the processor of your personal data;
2. The Technical Partner of the Service Provider, its officers, employees, authorized personnel, on a need to know basis, who manages and maintains the Agadpay platform or application;
3. Any third-party service provider engaged to process payments or provide technical support, subject to strict confidentiality and security obligations.

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The Service Provider has implemented appropriate organizational, physical, and technical measures to protect your personal data against unauthorized access, processing, alteration, disclosure, loss, or destruction. These measures include but are not limited to:

1.  Secure storage and encryption of personal data;
2. Access controls limiting data handling to authorized personnel only;
3. Regular audits and monitoring of data processing activities; and
4. Incident response protocols to address any data breaches promptly.

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As a data subject, you have the following rights under the DPA:

1. The right to be informed about the collection and use of your personal data;
2. The right to access and request a copy of your personal data;
3. The right to rectify inaccuracies or incomplete information;
4. The right to object to the processing of your personal data under certain circumstances;
5. The right to request deletion or blocking of your personal data; and
6. The right to file a complaint with the National Privacy Commission (NPC) if your privacy rights are violated.

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To exercise these rights or for any data privacy concerns, you may contact the Service Provider’s data protection officer at hello@n90.asia. 

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Your personal data will be retained only for as long as necessary to fulfill the purposes of the Services or to comply with applicable legal, regulatory, and record-keeping requirements. After the retention period, your personal data will be securely deleted or anonymized.

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In the event of a data breach that may compromise your personal data, you will be notified within seventy-two (72) hours from the discovery of the breach, as required by the Data Privacy Act. 

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V. Service Fee

Availment of the Service shall be subject to a service fee which shall cover the administrative and operational costs for the processing of the early wage access. 

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The service fee will be no greater than FOUR PERCENT (4%) of the total early wage disbursed inclusive of all taxes and fees. The employees shall be informed of the exact service fee applicable to their transaction before confirming their request. By proceeding with the transaction, the employee acknowledges and consents to the deduction of the service fee. 

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The service fee is non-refundable, except in cases where the transaction was not successfully processed due to an error attributable to the Service Provider, and will be deducted from the wage disbursed. 

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VI. Availment

In order to avail of the Service and to have early access to your wage, the employees must submit their application through the Agadpay platform, and provide the necessary information about the request, including the desired amount, and consent to the applicable fees. 

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The Service Provider may conduct verification of the employee’s eligibility and the availability of the earned wages. Approved requests will be disbursed immediately upon approval. The disbursed amount will be credited to the employee’s bank account, e-wallet, or other payment channels based on the enrollment records. 

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Upon successful processing of the request, the employee will receive a notification or receipt either via email, SMS, or app notification confirming the disbursement details. 

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In case the application is rejected, the employee will be notified promptly with the reason of rejection (e.g. insufficient earned wages, or incomplete information.) Any delays in processing due to technical issues or other unforeseen circumstances will be communicated to the employee as soon as possible.

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The Service Provider reserves the right to modify the availment process and other related terms subject to prior notice to the employees. 

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VII. Salary Deduction

By signing up in this Service and availing of the early wage disbursements, you expressly agree to the deduction of the total amount of the early wage accessed and applicable service fee as outlined in this Terms. 

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You hereby authorize your employer to automatically deduct the early wage disbursed and the corresponding service fee from your next scheduled payroll. The deductions will appear as a separate line item in your payslip for transparency. 

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You acknowledge that it is your responsibility to manage your availment under this Service and ensure that your earned wage is sufficient to cover the deductions. 

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This consent remains valid and binding as long as you avail of the Service. Should you wish to withdraw or modify your consent, you must notify your employer in writing. However, any outstanding amounts, including service fees, will still be paid in full. 

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VIII. Term and Termination

The Service shall remain available to you for as long as the Service is offered by your employer and the Service Provider. 

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You may terminate your participation in the Service at any time by deleting your account with the Agadpay platform or application. In this case, the termination will take effect immediately. Any outstanding amounts for the early wage disbursement and service fees will remain payable and will be deducted from your next payroll as agreed upon. 

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The Service Provider or the employer may terminate your participation in the Service immediately upon notice if:

1. You violate this Terms;
2. Your employment with your employer is terminated or suspended;
3. You provide false, misleading, or fraudulent information in connection with your enrollment or use of the Service.

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The use of the Service will also be terminated in case the Service Agreement between the employer and the Service Provider is terminated or suspended. 

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Upon termination of your participation in the Service:

1. You will no longer have access to early wage disbursements.
2. Any outstanding amounts for previously accessed wages and applicable service fees will remain payable and deducted from your salary until fully settled.
3. Termination of your participation does not release you from your obligation to repay any amounts owed under the Service.

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The provisions regarding salary deductions, outstanding balances, data privacy, and dispute resolution shall survive the termination of your participation in the Service until all obligations are fully settled.

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IX. Dispute Resolution

These Terms are governed by the laws of the Republic of the Philippines.

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its interpretation, performance, or breach, shall be resolved exclusively under the jurisdiction of the courts of Makati City, Philippines. The parties hereby irrevocably submit to the exclusive jurisdiction of the said courts and waive any objections to the venue, including any claims of inconvenience or lack of jurisdiction.

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X. Limitations of Liability

The Service Provider is not liable for delays or failures of processing requests caused by technical issues, incorrect information, or other factors beyond their control. 

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XI. Customer Assistance

For any questions, concerns, or assistance regarding the Service, employees may contact the Customer Support team through email at hello@agadpay.ph. 

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All communications with the Customer Support team shall be handled in accordance with the Data Privacy Act of the Philippines. Personal information provided by employees will be used solely for resolving their concerns and will not be disclosed without prior consent, except as required by law.

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Employees may provide feedback or file complaints about the Service through the email mentioned above. The Service Provider values feedback and commits to addressing complaints in a fair and timely manner.

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XII. General

No joint venture, partnership, employment, or agency relationship exists between you, the Service Provider or any third-party provider as a result of the Terms or use of the Service.

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If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

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XIII. Acceptance of the Terms

By signing up with the Agadpay platform or application provided by the Service Provider, you hereby confirm that you have read, understood and agreed to these Terms.

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