GoDo User Agreement
This User Agreement is dated 3 December 2019 and is between GoDo, which includes all affiliates and subsidiary entities (“GoDo”), and users of GoDo’s services (“users”, “you” or “your”).
We may revise this User Agreement and the revised User Agreement will be effective at the time it is made available on the GoDo application or website.
If a revision to this User Agreement reduces your rights or increases your obligations we will give you at least twenty one (21) days’ notice.
1. What is GoDo?
If you use GoDo after a User Agreement has been revised, you will be bound by the revised User Agreement. If you do not agree to the terms of the revised User Agreement, you must immediately cancel your GoDo Account (defined below) and stop using GoDo’s services
• GoDo lets you get paid for money you’ve earned before pay day.
• Via the GoDo app, you can review how much money is available to you and request that all or a portion of that money is sent to you before your pay day.
• If the request is approved, the Transfer Amount is transferred to your bank account or GoDo debit card (jurisdiction specific). Your money is normally received within 24 hours of the request being made.
• On pay day, you receive your salary less any amounts already transferred to you.
• GoDo may offer services in addition to those mentioned above and may also restrict the provision of any or all of its services in its entire discretion. • GoDo is not a payday lending service and will not lend money as an advance on salary expected to be earned in the future. GoDo does not charge interest.
• GoDo may charge a transaction fee for any amounts requested to be transferred to a bank account. You will be notified of when a transaction fee will be incurred in the GoDo app and the amount. You may opt out of the transfer request before incurring any transaction fee.
2. Who can use GoDo?
GoDo is open to any person:
• whose employer has engaged GoDo;
• who has established a GoDo Account (defined below);
• who is in a jurisdiction in which we operate; and
• who has agreed to be bound by this User Agreement, Privacy Policy and GoDo Card Agreements (as defined below and where applicable).
GoDo may refuse to open a GoDo Account for any reason including GoDo’s anti-money laundering policies or credit risk factors.
3. Using GoDo.
To use GoDo, you must:
• set up an account with GoDo (“GoDo Account”);
• consent to provide access to your employee information and personal data (including your bank account details where appropriate);
• consent to receive notifications and updates from GoDo; and
• accept and agree to be bound by this User Agreement and Privacy Policy.
4. Setting up a GoDo Account.
A GoDo Account can be set up by downloading the GoDo iOS or Android mobile application and following the on screen instructions.
During the account creation processes, you will be asked to confirm that you have read and agree to accept and be bound by this User Agreement and the Privacy Policy. Even if you did not read the User Agreement or Privacy Policy, by creating a GoDo Account you are deemed to have agreed to and be bound by the User Agreement and Privacy Policy.
5. Requests for pay and fees.
Your GoDo Account will tell you how much money is available for transfer to your bank account or GoDo debit card and the transaction fee (if applicable).
When you request a transfer, we will reconcile the request with your employer’s work data and we may approve, decline or request further information from you or contact your employer for additional information.
If we or your employer declines the request, GoDo will not advance any money. If your employer refuses your request, we will not dispute the refusal on your behalf.
If GoDo or your employer asks for more information from you, you must respond if you want to pursue the transfer and GoDo or your employer may approve or decline the request upon receiving the information.
If the transfer is approved, GoDo will transfer the money to the GoDo debit card or bank account linked to your GoDo Account (“Transfer Amount”).
Although GoDo will give instructions to transfer the money immediately, we cannot guarantee when the funds will arrive on your GoDo card or clear for use in your bank account and we make no representations and warranties about when you will receive the funds. In some circumstances, funds may take up to three (3) days to clear.
6. GoDo debit card
If you apply to open an account with an associated GoDo debit card, you will be subject to separate approval criteria by the card issuer and, in addition to this User Agreement and Privacy Policy, agree to be bound by:
• GoDo’s terms and conditions of use of the GoDo debit card; and
• The card issuers terms and conditions. (collectively, the “GoDo Card Agreements”)
7. Deduction from salary.
When a transfer request is approved, you explicitly allow GoDo to deduct the Transfer Amount (which includes any transaction fee) from your next salary.
8. Employee Information and Personal Data (“Data”).
You consent to your employer providing Data that relates to your employment. This consent also includes accessing any Data held by a third party that relates to your employment and is necessary to provide GoDo’s services.
Data includes:
• Your name;
• Date of birth;
• Employee identification number;
• Contact information;
• Earnings (gross and net pay, bonuses, service charge earnings);
• Time recording information;
• Bank account details; and
• Any data relating to your employment history including disciplinary matters.
If you provide information to GoDo (“User Information”) you grant GoDo permission to copy, display, upload, distribute, store and otherwise use your User Information in connection with the operation of GoDo; and to use your User Information in anonymized format in connection with (i) the promotion, advertising, or marketing of GoDo or (ii) other services we provide to our customers and business partners.
We will not compensate you for use of your User Information.
GoDo has the right, in its sole discretion, to delete any User Information that it considers violates this User Agreement or is illegal. GoDo may share User Information with your employer and any third-party service providers.
GoDo will keep your Data and User Information confidential and will not share it will any person other than those third parties that need to know your Data to provide the GoDo services. We will take all reasonable steps to ensure that any third party treats your Data and User Information confidentially. We will comply, to the extent permitted by law, with any order or direction from a regulatory, governmental or public authority to disclose your Data or User Information and may not inform you of the disclosure.
9. Debiting Your Bank Account to Correct Errors, Fraud, Breaches of this User Agreement and Failure to Collect from Your Employer.
You authorize us to initiate an automated clearing house account debit from your bank account in the event:
• We pay you an amount that you did not request or more than the amount you requested;
• You receive an amount that was in excess of money you had earned from your employer at the time a transfer was made;
• Funds are mistakenly credited to your bank account;
• You commit fraud or breach this User Agreement and unlawfully obtain funds from GoDo; or
• Your employer, for any reason, does not allow a deduction to your salary for the Transfer Amount.
If we debit your bank account, we will notify you at least one business day before we debit your account provided, if we reasonably and in good faith believe that you have defrauded or intend to defraud us, we may notify you at the same time we make the debit transaction.
In addition to these rights, GoDo’s rights to pursue any other legal or equitable remedy are expressly reserved.
10. We Have the Right to Setoff
We may offset against any amounts owed to us by you from any amounts we would otherwise be obliged to transfer to you or any amounts we might otherwise owe you. If we decide to exercise our right of setoff we will notify you before we exercise it.
In addition to these rights, GoDo’s rights to pursue any other legal or equitable remedy are expressly reserved.
11. Restricted Activities.
You agree that you will not:
• Breach this User Agreement;
• Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; • Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;
• Provide false, inaccurate or misleading information;
• Use GoDo to engage in what we reasonably believe are potentially fraudulent, unlawful or contrary to anti-money laundering laws and regulations;
• Use GoDo in a manner that results in or may result in complaints disputes; claims, fines, penalties or other liability or losses to GoDo, other GoDo users or third parties;
• Use your GoDo Account in a manner that we reasonably believe to be an abuse of GoDo.
• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the GoDo services) operated by us or on our behalf or GoDo;
• Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or GoDo service;
• Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
• Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of GoDo service) operated by us or on our behalf, any of the GoDo services or other users’ use of any of the GoDo services;
• Take any action that may cause us to lose any of the services from our Internet service providers or service providers; or
• Harass and/or threaten our employees, agents, or other users.
If we believe you have engaged in any of these activities, we may take a number of actions to protect ourselves in our sole discretion.
12. Representations and Warranties to Us.
You represent and warrant to us on a continuing basis that:
• This User Agreement constitutes a legal and valid contract that is binding and enforceable against you;
• The execution, delivery, and performance of this User Agreement does not violate any law any agreement to which you are bound;
• There are no claims, actions, suits, proceedings, or investigations ongoing, pending or threatened against you that may impact our ability to make deductions from your salary;
• The Data provided to GoDo is true and accurate; and
• The Data provided to your employer, including your name and date of birth, are the same used to establish your GoDo Account.
And, each time you make a transfer request, you represent and warrant that:
• On pay day, you will have the legal right to be paid the Transfer Amount by your employer on pay day, free and clear of any liens, encumbrances, judgments, or garnishments and you have not pledged, assigned, or encumbered your right to receive the Transfer Amount;
• The Transfer Amount represents an amount that will be owed to you by your employer on pay day arising from lawful employment which you have accurately recorded and described to your employer; and
• Your salary is not subject to any dispute, claim, offset, deduction, discount or counterclaim of any kind.
13. Closing your GoDo Account.
Subject to the below, you may close your GoDo Account at any time by providing us notice in writing through the GoDo Application or by email to support@godolife.com.
If your GoDo Account is terminated and you have received a Transfer Amount or had a request approved for a Transfer Amount, GoDo:
• Will still deduct the Transfer Amount from your salary; or
• In the event it is unable to deduct the amount from your salary, may debt your bank account pursuant to Section 9 of the User Agreement. After your GoDo Account is closed, GoDo will retain any Data and User Information to the extent permitted by law.
We may refuse to close your GoDo Account if:
• There is a pending transaction;
• You owe money to us;
• There is a dispute in relation to your GoDo Account that is either a dispute with GoDo or a third party where that dispute is related to your GoDo Account; or
• If there is an ongoing regulatory, governmental or public authority investigation that involves your GoDo Account.
14. We may close your GoDo Account.
If you breach or we reasonably anticipate that you may breach this User Agreement, we may close your GoDo Account.
If we close your GoDo Account, whilst a transfer request is pending, we will cancel the request and refuse to transfer the Transfer Amount.
When your GoDo Account is closed, to the extent permitted by law, you have no right to claim the return of any Data or Employee Information.
15. Miscellaneous.
This User Agreement is governed by Cayman Islands law. Any dispute in relation to or arising from this User Agreement are exclusively governed by Cayman Islands law and the courts of the Cayman Islands.
GoDo shall not be liable for any damages to you as a result of using GoDo (including use of its website, application and software) unless damage was caused by actual fraud or it is expressly prohibited by law to limit its lability.
You agree to indemnify and hold us and our officers, agents and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of: content you submit to any of our services; your use of any of our services; your violation of the User Agreement, Privacy Policy and/or GoDo Card Agreement; your violation of any laws, legal or regulatory requirements; or your violation of any rights of a third party.
"godolife.com," "GoDo," and all logos related to the GoDo services are either trademarks or registered trademarks of GoDo or GoDo’s licensors. You may not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of GoDo. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the GoDo services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes GoDo or the GoDo services or display them in any manner that implies GoDo’s sponsorship or endorsement. All right, title and interest in and to the GoDo websites, any content thereon, the GoDo services, the technology related to the GoDo services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of GoDo and its licensors.
The GoDo application works on an application linked to a particular device and operating system, such as Apple’s iOS operating system or Android. Your use of GoDo may be subject to separate agreements you may enter into with your mobile device operating system provider, your mobile device manufacturer, your mobile service carrier and other parties involved in providing your mobile device service (“Third Parties”). You agree to comply with all applicable third-party terms of agreement when using GoDo. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and GoDo, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for GoDo and for providing maintenance and support services for GoDo.
Covered Third Parties have no warranty obligations with respect to GoDo and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of GoDo to conform to any warranty provided by us, if any, will be our sole responsibility.
We, not any Covered Third Parties, are responsible for addressing any claims relating to GoDo, including, but not limited to: (i) product liability claims; (ii) any claim that GoDo fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.
You agree that we may provide notices to you by any of the following means:
(a) a banner notice on a Service; or
(b) an email sent to an address you have provided to us; or
(c) through other means including mobile number, telephone or mail.
Users other than GoDo (i.e. third parties) may submit content on our services. Content on our services that is submitted by a third party is the sole responsibility of that third party. You agree that this User Agreement does not apply to that third-party content and that we are not responsible and provide no warranty for third parties’ content, regardless of whether or not we reviewed or moderated it, or for any damages as a result of your use (including download) or reliance on it.
