Terms of Service

Last updated: 23 September 2024

Welcome to the DailyPay movement!

Welcome to DailyPay! DailyPay UK Holdings Ltd. (“DailyPay,” “our,” “us” or “we”) provides a platform to employers that enables employees and other service providers to access on-demand pay securely, seamlessly, and compliantly.

We want you to completely understand what we do, how we do it, and what is required of you. These Terms of Service (“Terms”) are a contract and explain things you should know about using our website, www.dailypay.co.uk (the “Site”). By accessing the Site, you agree to these Terms and confirm that you will comply with them. If you do not agree to these Terms, you may not access the Site. DailyPay also provides a mobile application to offer certain services in partnership with Level Financial Technology Limited. Any use of that mobile application is subject to the Level Platform User Terms and Conditions.

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We recommend that you print a copy of these Terms for future reference. You must not modify the paper or digital copies of these Terms you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video, or audio sequences or any graphics separately from any accompanying text. Our Site is only for users in the United Kingdom, and we do not represent that content available on or through our Site is appropriate for use or available in other locations.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

You may contact us at support@dailypay.com or legal@dailypay.com should you have any questions about these Terms.

1. Use of the Site

The Site may be used only according to these Terms. You may use the Site only for lawful purposes. You may not modify, distribute, publish, license, create derivative works from, transfer, or sell any information or content contained on the Site.

You authorise us to collect such data and other data about you (collectively, “Personal Information”). Personal Information includes any information that may be used, either alone or in combination with other information, to personally identify an individual, including a first and last name, a personal profile, an email address, mobile phone number, a home or other physical address, or other contact information. Your Personal Information is governed by our Privacy Policy, and you grant us the right to use, store, and disclose your Personal Information in accordance with our Privacy Policy.

We reserve the right, in our sole discretion, to modify, delay, suspend, or terminate access to all or any part of the Site.

You confirm and agree that:

  • You are fully authorised to enter into and perform your obligations under these Terms;

  • You will comply with and abide by these Terms as a legal and valid contract that is binding on you and enforceable against you;

  • Any information, materials, data, content, or documents you provide or make available to DailyPay are and will remain true, correct, and complete;

  • You will maintain and update your Personal Information to keep it true, accurate, current, and complete; and

  • You own all right, title, and interest or have obtained the right to all of the intellectual property rights concerning the Personal Information you provide DailyPay, and you have the right to grant DailyPay the rights to collect, use, and disclose your Personal Information in accordance with our Privacy Policy.

DailyPay will not be liable for any loss or damage arising from your failure to comply with the bullet points set out above.

Further, you agree not to use the Site to:

  • email or otherwise upload any content that (i) you do not have a right to upload under any law or under contractual or fiduciary relationships, (ii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (iii) poses or creates a privacy or security risk to any person;

  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

  • violate any applicable local, state, national, or international law, or any regulations having the force of law;

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

  • further or promote any unlawful or criminal activity or enterprise such as (by way of example only) copyright infringement or computer misuse, or provide instructional information about illegal activities;

  • obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Site;

  • circumvent, remove, alter, deactivate, degrade, override, or bypass, or thwart any of the access controls including but not limited to the security features for, content protections in, or geographic restrictions on any content (including Site Information (as defined below)) available on or through the Site, including through the use of virtual private networks;

  • modify, distribute, publish, license, create derivative works from, transfer, or sell any information or content contained on the Site;

  • disassemble, decrypt, extract, reverse engineer or reverse compile anything on the Site, or otherwise attempt to discover the source code, confidential algorithms or techniques incorporated in the Site;

  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack;

  • engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods, except as expressly permitted by DailyPay. If you are blocked by DailyPay from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent, override, or bypass, such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network); or

  • monitor the Site’s availability, performance or functionality for any competitive purpose.

If you breach the foregoing provisions, you may be liable for a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

2. Changes to Site

We reserve the right, in our sole discretion, to change these Terms. We will post the changes on the Site or otherwise make available to you any changes, and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Site will constitute your acceptance of any changes. If required by applicable law, we will send you advance notice prior to making any changes effective.

3. Disclaimer

All information, content, materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, and the like, as well as the selection, assembly, and arrangement of these items on the Site (together, “Site Information”) is subject to change or removal without notice. DailyPay may make changes to the products, services, features, and functionality available at the Site without notice. Without our prior written consent, you may not use the Site Information for any commercial purpose, including distribution, resale, or display.

The Site Information is provided only for general information purposes. DailyPay does not operate as a lender, a broker, or an accounting, financial, or investment planner or advisor. We do not provide financial, business, accounting, securities, tax, legal, or professional advice of any kind. Your use of the Site is at your sole discretion and risk.

ALTHOUGH DAILYPAY HAS ATTEMPTED TO PROVIDE SOUND MATERIALS, DAILYPAY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, QUALITY, OR COMPLETENESS OF THE SITE, THE SITE INFORMATION, OR OTHER SERVICES, PRODUCTS, FEATURES, OR FUNCTIONALITY OF THE SITE, AND DAILYPAY MAKES NO COMMITMENT TO UPDATE THEM. THE SITE INFORMATION AND THE SITE ARE FURNISHED “AS IS,” “AT YOUR OWN RISK,” AND “AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. FURTHER, DAILYPAY DOES NOT WARRANT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR THAT THE SITE (AND ANY SERVER THAT MAKES THE SITE AVAILABLE) WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR BUGS.

DailyPay is not liable for any disruption to the Site and is not liable for losses related to your inability to use it for any reason.

DailyPay is excused from performing any duties under these Terms which are prevented or interfered with by conditions beyond DailyPay’s reasonable control.

4. LIMITATION OF LIABILITY

WE ONLY PROVIDE OUR SITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES. TO THE FULLEST EXTENT PERMITTED BY LAW, DAILYPAY AND ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, THE ISSUER, AND THIRD PARTIES MENTIONED ON THE SITE, ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, OR OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES) ARISING OUT OF OR RELATING TO:

  • THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE INFORMATION, SITE, OR ANY WEBSITES OR OTHER CONTENT LINKED ON THE SITE;

  • ANY SITE INFORMATION, MATERIALS, PRODUCTS, SERVICES, FEATURES, AND FUNCTIONALITY AVAILABLE THROUGH THE SITE, RELATED TO THE SITE, OR CONTAINED ON ANY SUCH WEBSITES OR OTHER CONTENT LINKED ON THE SITE; OR

  • THESE TERMS OR ANY ACTS OR OMISSIONS UNDER OR IN FURTHERANCE OF THESE TERMS (EXCEPT FOR WILLFUL MISCONDUCT), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DAILYPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

IN NO EVENT WILL DAILYPAY OR ANY OF ITS AFFILIATES, OR EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU FOR ANY DAMAGES THAT EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO DAILYPAY FOR USING THE SITE DURING THE TWELVE (12) MONTHS PRIOR TO YOU BRINGING THE CLAIM.

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. NOTHING IN THIS AGREEMENT EXCLUDES THE LIABILITY OF DAILYPAY: (A) FOR DEATH OR PERSONAL INJURY CAUSED BY DAILYPAY’S NEGLIGENCE, (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) ANY OTHER LIABILITY WHICH IS PROHIBITED FROM BEING EXCLUDED BY LAW.

5. Privacy Policy

Please carefully read our Privacy Policy, which describes how we collect and use certain information. By using the Site, you consent to our collection, use, and disclosure of Personal Information as outlined in our Privacy Policy.

6. Links to Third-Party Websites; Third-Party Software Products

Links on the Site to third-party websites or software products are provided as a convenience to you. If you use these links or software products, you might leave the Site. Some of the third parties’ software products may require you to have, and actually be signed into, an active user account for such third-party software products.

DailyPay has not reviewed these third-party websites, applications, or software products; does not control them; is not liable for any errors or omissions or their content; and does not endorse or make any representations, warranties, or promises about them, or any information, software products, or other products or materials found on them, or any results that may be obtained from using them. You use third-party websites, applications, or software products linked to the Site at your own risk and agree that we have no liability for any loss or damage of any kind incurred as a result of such use.

7. Mobile Services

The Site includes certain services that are available via a mobile device, including (a) the ability to upload content to the Site via a mobile device and (b) the ability to browse the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

The software underlying the Site may contain or be provided together with open source software. Each item of open source software is subject to its own licence terms. If required by any licence for particular open source software, DailyPay makes such open source software, and DailyPay’s modifications to that open source software (if any), available by written request to support@dailypay.com. Copyrights to the open source software are held by the respective copyright holders indicated in the licence.

8. Intellectual Property

The Site Information, Site, the DailyPay name, marks and logos, and all other technology, software, information, and intellectual property underlying, referenced on or related to the Site are owned by DailyPay or licensed to DailyPay by third parties and are protected by patent, copyright, trademark, trade secret, and other proprietary rights and laws. All other applicable ownership rights are reserved, and you will abide by all laws applicable to them. By making the Site Information and Site available, DailyPay does not grant any licences to or transfer any right, interest, or title in any intellectual property rights to you or any other person. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile, disassemble, decipher, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software underlying the Site or distributed in connection therewith. Any rights not expressly granted in these Terms are reserved by DailyPay.

You authorise DailyPay and its third-party vendors, service providers, and contractors to derive statistical and usage data relating to your use of the Site (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Site (“Submissions”), provided by you to DailyPay are non-confidential and DailyPay will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

9. Security

We maintain physical, administrative, and technical safeguards reasonably designed to protect our Site Information, Site, and systems. We make no guarantee that our Site Information, Site, systems, or any related data transmissions are absolutely secure.

10. Governing Law and Jurisdiction

The laws of England and Wales will govern these Terms, the interpretation and enforcement of these Terms, and any claim or cause of action (in law or equity), controversy, or dispute arising out of or related to them or their negotiation, execution or performance, whether based on contract, tort, statutory or other law, in each case without giving effect to any conflicts-of-law or other principle requiring the application of the law of any other jurisdiction. The courts of England and Wales will have exclusive jurisdiction, except that if you are a consumer who is a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

11. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DailyPay as a result of these Terms, or your use of the Site. You may not assign any part of your rights or duties under these Terms without DailyPay’s prior written consent, and any such attempted assignment without DailyPay’s prior written consent is and will be void. No waiver of any duties or rights of either party will be effective unless in writing, executed by the party against whom it is being enforced. If any term of these Terms (including a payment or economic term) is held invalid, unenforceable, or a violation of applicable law, then that term will be deemed severable from the remaining terms and in no way affects the validity or enforceability of the remaining terms, and, to the extent not prohibited by applicable law, the invalid, unenforceable, or noncompliant term may be replaced by DailyPay by terms that are valid, enforceable and compliant, and that come closest to expressing the intention of the invalid, unenforceable, or noncompliant term. These Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter they govern and supersede and merge all prior discussions between the parties with respect to such subject matter; and nothing on the Site should be construed to alter such agreement. The titles in these Terms are used for convenience only and are not to be considered in construing them.

12. How to Provide Notice

You agree that we may provide you notices, disclosures, electronic records, and other communications by email, by regular mail, or any other method. You may provide us notice through the Site or by email to: support@dailypay.com.

We will use the contact information we have on file for you to notify you, and it is your responsibility to notify us immediately of any changes to your contact information. If you wish to update your contact information, you may email us a request for assistance at: support@dailypay.com.

You consent to be contacted by us or our representatives at any telephone number or electronic address you provide or at which you may be reached. In the event that a representative calls, he or she may also leave a message on your answering machine or voicemail. Calls may be recorded.

To unsubscribe from text messages, reply STOP to any text message you receive from us. You consent that following a request to unsubscribe from text messages, you may receive one final text message from us confirming your request.

You agree that all agreements, notices, disclosures, and other communications that we provide or make available to you electronically or post on the Site satisfy any legal requirement that a communication be in writing, if such a requirement is applicable, and you waive any rights you may have to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited by law.

To request paper copies of any electronic communications, please send an email to: support@dailypay.com. You may withdraw your consent to receiving electronic communications at any time by emailing us at: support@dailypay.com. If you withdraw your consent to receiving electronic communications, the legal effectiveness, validity, and enforceability of all agreed to terms and conditions and any prior communications will remain in effect. Any withdrawal of consent to receiving electronic communications will be effective only after we have a reasonable period of time to process your withdrawal request. If you withdraw your consent to receive electronic communications, we may immediately delay, suspend, or terminate your access to the Site.