These Terms and Conditions (“Agreement”) govern access to and use of the CashNow (“the  Company”) Earned Wage Access (“EWA”) Service by eligible Recipients (“You”, “Your”, “Employee”) of participating employers (“Employer”) in Eswatini. By registering or using the EWA service, you accept these Terms and Conditions, including any incorporated policies and applicable legislative requirements. The Company reserves the right to determine eligibility and may decline or decline to continue its service in its sole discretion. You authorise the Company to process the request on your behalf. 

1. The Recipient hereby acknowledges that s/he is truly and lawfully indebted to the Company for the Amount Due.  The Company and The Recipient furthermore acknowledge that the Total Amount Due shall be repaid on the basis provided for in this Agreement. 

1. The Recipient acknowledges that any and all information contained in the application for the Advance completed by or on behalf of The Recipient is deemed material and constitutes representations by The Recipient forming the basis upon which the Company has agreed to make an EWA Advance to The Recipient. 

1. The Withdrawal Value shall be paid into The Recipient’s Nominated Account, the details of which The Recipient warrants are correct. The Recipient undertakes to immediately notify the Company in writing should there be any change in The Recipient’s Nominated Account and The Recipient shall furnish the Company in writing with the details thereof. 

1. The Recipient confirms that the Company may disclose information in respect of The Recipient’s application and any non-compliance with the Agreement to any credit bureau or third party to the extent permitted or required by the Regulations or any other law.    

1. Should the Outstanding Amount not be settled in terms of the Agreement, The Recipient hereby authorizes the Company to pass The Recipients details onto a third party with the intention of the third party to recover the debt owed to the Company. Any additional costs incurred by the third party in recovering the debt owed to the Company will be added onto the Amount Due by The Recipient and will be recovered accordingly. 

1. In the event of a failure by The Recipient to settle the Total Amount Due in terms of the EWA Advance Agreement: 

1. the full amount shall become immediately due and payable. 

1. The Recipient hereby authorizes the Company to submit a debit order instruction to The Recipient’s financial institution in respect of The Recipient’s Account, or any other account as advised by The Recipient for this purpose, for instalments to be deducted, in settlement by The Recipient of the Outstanding Amount.  The date of the debit order payment shall be that date elected by the Company for purposes of settling the Outstanding Amount or part thereof as agreed by the Company. 

1. This Agreement and acceptance by the Company of any application for an EWA Advance from a Recipient is subject to the fulfilment of the suspensive conditions that: 

1. The Recipient signals acceptance of the Agreement Terms and Conditions upon acknowledging them by confirming the same on the registered mobile device; 

1. the Company approves the application, which approval shall be deemed to have taken place and be made only once payment of the Withdrawal Value has been made into The Recipients Nominated Account by the Company. The Recipient hereby agrees that the Terms and Conditions set out in this Agreement shall at all times be applicable to the Withdrawal Value and the Total Amount Due. 

1. Notwithstanding anything to the contrary contained in this Agreement, The Recipient shall: 

1. at all times remain personally liable to the Company for repayment of the Total Amount Due; 

1. discharge all The Recipients obligations to the Company only, unless otherwise notified by the Company; 

1. subject to clause 7, be entitled to anticipate the date for payment of the Total Amount Due in terms hereof. 

1. The fee charged to The Recipient is based on the presumption that the Amount Due will be settled from the employees next salary entitlement.  As a result, in the event of non-payment, the Company reserves the right to charge the same fee on a recurring monthly basis until the Total Amount Due plus recurring monthly Fees have been settled. The Recipient hereby consents to the fee being applied as described above. 

1. A certificate signed by or on behalf of the Company, (it not being necessary for the Company  to prove the appointment or authority of the person signing such certificate) as to the existence and Total Amount Due, and/or as to the fact that such amount is due and payable, and/or of the fees accrued thereon and/or as to any other fact, matter or thing relating to the indebtedness of The Recipient shall be prima facie proof of the contents and correctness thereof and the amount of The Recipient’s indebtedness hereunder and shall be valid as a liquid document  for the purpose of provisional sentence, summary judgment, default judgment or any other proceedings against The Recipient in any competent court.  If the Company institutes legal proceedings against The Recipient for the recovery of the Total Amount Due or any portion thereof, the Company may be entitled to claim all costs incurred by the Company including, without limitation, the Recovery Fee, the costs of any letter of demand or collection charges, tracing fees, and attorneys charges on an attorney and own client scale from The Recipient or from his Employer and any Interest and other costs and charges as permitted in terms of the Regulations. 

1. This Agreement can be immediately terminated by the Company if: 

1. The Recipient commits any breach of his obligations under this Agreement; 

1. The Recipient supplies the Company, with any information which is false, incorrect or misleading; 

1. any order, whether provisional or final, being granted by a competent court placing The Recipient under sequestration or Administration or Curatorship;  

1. The Recipient commits any act of insolvency; 

1. any attachment being made or interdict is granted or execution is levied against The Recipient or any of his assets; then without prejudice and/or in addition to any other rights or claims which the Company may have against The Recipient, the Total Amount Due shall become immediately due, owing and payable by The Recipient, (together with all costs and charges mentioned in Clause 8 and  Interest thereon as provided for in clause 10 below) and subject to any provision in the Regulations, the Company shall be entitled to cancel this Agreement and claim immediate repayment of the Outstanding Amount; 

1. The Recipient is terminated from his / her employment. 

1. Notwithstanding the aforementioned and in the event of default in the repayment of the Total Amount Due, the Company shall, subject to any provisions of the Regulations, be entitled to charge interest (default fee) at the higher of the Flat Interest Rate or the Prescribed Rate of interest claimable in law on the Total Amount Due and not paid commencing from the due date when payment of the Total Amount Due becomes payable as provided for in terms of clause 9 above until the date of actual payment of the Outstanding amount has been made in full, both days inclusive. Such interest shall not be deemed part of the Total Amount Due. 

1. The Recipient specifically renounces the legal exceptions of non numeratae pecuniae  (the burden of proof that the Withdrawal Value was not received is placed on The Recipient), errore calculi (revision of accounts and no value received,  bookkeeping or accounting errors), and all other exceptions which might or could be pleaded to the validity of the indebtedness of The Recipient in terms hereof and declares that he is fully acquainted with the force and effect and meaning thereof, and The Recipient hereby accepts the burden of proof of all of the aforegoing. 

1. The Recipient agrees that this Agreement has been drafted in a language that he understands, alternatively that he is fully aware of the meaning thereof. 

1. No extension of time or waiver or relaxation of any of the terms of this Agreement by the Company shall prejudice the Company from exercising any of its rights under this Agreement, nor shall it constitute a substitution of this Agreement or operate so as to preclude the Company from exercising its rights under this Agreement. 

1. The Parties agree that each clause in this Agreement is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent Court, Arbitrator or any other Tribunal then the remaining clauses shall be and continue to be of full force and effect. 

1. The Recipient chooses The Recipient’s Address as its domicilium citandi at executandi as (address for service of legal or any other notice) for all purposes arising out of or in connection with this Agreement. Any notice to a party given in terms of Clause 18 shall be deemed to have been received (1) within 7 (seven) days after posting, if sent by prepaid registered post to the nominated domicilium address and (2) on the date of delivery, if delivered by hand to the nominated domicilium within business hours. The Recipient is obliged to inform The Company in writing of any change to The Recipient’s Address. 

1. This Agreement, inclusive of the Advance Schedule/s concluded between the Parties and incorporated in the Agreement in terms hereof, constitutes the sole record of the Agreement with The Recipient in regard to the subject matter hereof and the Company shall be bound by any express or implied term, representation, warranty or the like not recorded herein.  Subject to any written changes being made to the Advance Schedule from time to time if so required, no addition to or variation or consensual cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the Company.  The last Advance Schedule signed by the Parties shall supersede and replace any prior Advance Schedule in respect of the Total Amount Due at any time. 

1. This Agreement shall be governed by the laws of Eswatini and The Recipient hereby consents to the non-exclusive jurisdiction of the Courts of Eswatini. 

1. The Company shall, for the duration of this Agreement, at all times and without the consent of The Recipient have the right to cede, assign, transfer, exchange, or in any other manner deal with or dispose of the Total Amount Due and/or any of its rights in terms of this Agreement, whether to one or more persons or concerns and upon such Terms and Conditions as the Company may deem fit, and irrespective of whether or not the aforesaid gives rise to a splitting of the Advance or Total Amount Due by The Recipient to more than one person or concern. In such cases the third party will acquire the same rights, including any security, against The Recipient as the Company, may have against The Recipient by virtue of this Agreement. 

1. The parties agree that each clause in this Agreement is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent court, then the remaining clauses shall be and continue to be of full force and effect. 

“Advance / EWA” 

the withdrawal of a portion of the employees salary which is due and payable to the employee on the date of their next salary entitlement; 

“Advance Schedule” 

the WhatsApp Chat setting out the Withdrawal Value, Amount Due and the Total Amount Due, which shall be deemed to be incorporated in and form part of this Agreement and which shall also be deemed to be a quote made prior to the continuation of the withdrawal instruction; 

“Agreement” 

the Agreement set out in this document and includes any Advance Schedule incorporated as part of this Agreement; 

“Amount Due” 

the amount reflected on the transaction Advance Schedule as the “Amount Due” by The Recipient to the Company, comprising the Advance Amount, plus any interest and fees, if applicable,  

“CashNow” 

The marketing name of the Advance / EWA product distributed by the Company; 

“Company” 

Deep Gold Financial Services Ltd, a Company incorporated in the Kingdom of Eswatini with Reg No R7/37477 of Office 110, 1st floor, New Mall, Dr Sishayi Street Mbabane and duly licensed as a Credit Provider with FSRA (Credit-Only Institutions), CashNow@ingress-group.com, +268 7 808 5520; 

“Date of Agreement” 

the effective date of the Agreement, being the date on which the Withdrawal Value is paid to The Recipients Account; 

“Default administration fee” 

 the fee charged by the Company for each occasion of late repayment, which will be equivalent to the Fees, as set out in this Agreement and as agreed to by The Recipient; 

“Employer”  

refers to the employee’s current employer who is registered with and participates in the Company’s service, and agrees to facilitate payroll deduction in accordance with written employee consent and applicable law; 

“Fee/s” 

the amount reflected on the Advance Schedule as “Fee”, being a fee charged by the Company for collection of the Amount Due, as agreed to by The Recipient; 

“Flat Interest Rate” 

a flat rate of 25% for each missed instalment; 

“Instalment Due” 

the date upon which the instalment is due to be paid by The Recipient in respect of the Total Amount Due being the employees next salary entitlement; 

“Instalment/s” 

the repayment to be made by or on behalf of The Recipient to the Company as reflected on the Advance Schedule as “Amount Due”; 

“Interest Rate” 

the flat rate of interest percentage, if any, reflected as such on the Advance Schedule  or this Agreement in connection with any Advance; 

“Interest” 

the interest amount, if any, reflected on the Advance Schedule as “Interest” and which The Recipient hereby agrees may be varied from time to time as prescribed by Regulation 17(1); 

“Occasion of late repayment” 

the non-repayment of the Total Amount Due from The Recipients next salary entitlement, and each following salary entitlement should the Total Amount Due remain outstanding; 

“Outstanding Amount” 

that portion of the Total Amount Due to the Company by The Recipient from time to time; 

“Parties” 

the Recipient and the Company, and “Party” means any one of the Parties as the context may indicate; 

“Recipient’s Account” 

the Recipient’s Account shall be the Account into which the Withdrawal Value is paid as reflected on the Advance Schedule; 

“Payroll Deduction” 

means an authorized deduction from your net salary or wages, part of the normal payroll cycle, for repayment of the Advance and any associated fees, remitted directly from the Employer to the Company. 

“Recipient Address” 

the address / Ministry / company at which The Recipient is employed as recorded in the payroll records of the Employer of the Recipients: 

“Recipient’s Financial Institution” 

any financial institution at which The Recipient’s holds an Account, which shall expressly include the account into which The Recipients salary is paid by The Recipients employer as per the employer’s payroll records; 

“Recipient’s Mobile Phone Number” 

the Recipient’s mobile phone number  reflected on the Advance Schedule as “Recipient’s mobile number ”; 

“Recipient’s Nominated Account” 

the nominated account shall be that reflected on the Advance Schedule as recorded by The Recipient; 

“Recipient” 

the Recipient of the Advance from the Company reflected on the Advance Schedule as “The Recipient”; 

“Recovery fee” 

 the fee charged to the Company by a debt collector or legal costs incurred for the recovery of any outstanding amount due and payable to the Company where The Recipient has defaulted on payment of the Total Amount Due, as agreed to by The Recipient; 

“Regulations” 

 the Financial Institutions (Credit-Only Institutions) Regulations 2010 and any amendments thereto from time to time; 

“Terms and Conditions” 

the Terms and Conditions of this Agreement to which the Parties agree to be bound; 

“Total Advance Amount” 

comprises the aggregate of the Amount Due as reflected on the Advance Schedule plus any Existing Amounts Due if applicable; 

“Total Amount Due” 

the aggregate of the Amounts Due, relating to multiple transactions, all of which shall be repaid from the Recipients next payslip; 

“Withdrawal Value” 

the EWA Amount paid by the Company into The Recipients Nominated Account; 

Unless otherwise stated in the Agreement, words importing any one gender shall include the other genders, and the singular shall include the plural and vice versa. 

1. I, The Recipient, hereby confirm that The Recipient fully understands and agrees to the Terms and Conditions of this Advance as laid out in the Advance Agreement entered into between The Recipient and The Company as well as the Advance Schedule to the Advance Agreement. The Recipient hereby warrants the correctness of the information provided in this application and acknowledge that the Company regards the information as essential in order to enable it to consider the application for an Advance. 

1. The Recipient acknowledges that they are aware that they may at The Recipient’s discretion terminate this Agreement within seven (7) days of The Recipient’s signing the same (excluding the date of signature and any Saturday, Sunday or Public Holiday), and that if The Recipient chooses to do so The Recipient will return the Advance proceeds prior to the expiration of such period. 

3.       Any and all notices to be given to The Recipient by the Company in terms of the Advance Agreement (except legal process) shall be deemed to have been properly given to and received by The Recipient if sent to the WhatsApp number provided by The Recipient as part of the EWA Advance application or any other WhatsApp number as advised to the Company in writing.  

4.       The Recipient undertakes to notify the Company immediately, of any changes to any of The Recipient’s details recorded in the application. 

5.       The Recipient confirms that the Company is under no obligation to grant an Advance to The Recipient and is entitled to turn down the application without supplying any reason for so doing. 

6.       I, the Recipient, acknowledge and consent that telephone conversations with the Company may be recorded and that additions, variations and extensions to existing Advances may be made telephonically with the Company, the terms of which will be recorded in an Advance Schedule and electronically delivered to The Recipient. 

7.       The Recipient acknowledges and consents that the Company may contact, request and obtain information from any credit provider (or potential credit provider) or registered credit bureau relevant to an assessment of the behaviour, profile, payment patterns, indebtedness, whereabouts, and credit worthiness of The Recipient. 

8.1     The Recipient unconditionally and irrevocably authorises the Company to obtain an independent settlement quotation and / or confirm The Recipients total outstanding balance and liability due to such credit provider and then settle such amount under the terms of the Advance Agreement. 

8.2     The Recipient further confirms that The Recipient agrees, without exception, with the accuracy of the balances and liability on the credit provider settlement quotes obtained which shall be settled by the Company and incorporated into the Advance Amount for which The Recipient shall be liable in accordance with the terms of the Advance Agreement with the Company.  

8.3     The Recipient acknowledges that the remaining balance, after settlement of any third party credit provider, will be paid into The Recipient’s Account in accordance with the Advance Agreement. The Recipient confirms that this authorisation is purely to assist The Recipient and The Recipient absolves the Company from any liability pertaining hereto. The Recipient understands that no funds will be released by the Company to The Recipient’s Account and / or any other creditor until such time as The Recipient’s Advance is approved. The Recipient furthermore acknowledges and agrees with all the terms of the Advance Agreement and agree with the Terms and Conditions contained therein. 

9.     The Recipient acknowledges and consent that the Company may furnish information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of The Recipient to any registered credit bureau or to any credit provider (or potential credit provider) seeking a trade reference regarding The Recipient’s dealings with the Company. 

10.    Current Registered Credit Bureau is: Trans Union with Address: Plot 281 Counter / Kiosk No 4, Ground Floor SwaziPost Building, Nkoseluhlaza Street, Manzini, contact number: +268 25057844.   

11.    The Recipient confirms that the Company is under no obligation to grant an EWA Advance to The Recipient and is entitled to turn down the application without supplying any reason for so doing. 

12.   The Recipient understands that a benefit linked to the Advance and provided by the Company is Advance protection and death cover. In this regard the Company settles the outstanding balance on the Advance in the event of death from natural causes. The Recipient understands and agrees that should the cause of The Recipient's death be due to unnatural circumstances that the policy will not cover the outstanding balance of the Advance and that the amount outstanding will remain due and payable. 

13.    The Recipient expressly acknowledges that by using the EWA Service, you irrevocably instruct and consent to your Employer deducting, from your net salary or wages for any relevant pay period, the sum advanced by the Company together with any quoted Fee, and your employer remitting such amounts directly to the Company. This clause is made pursuant to, and in compliance with, the Eswatini Employment Act, the Wages Act, and other applicable payroll deduction regulations. Such deductions shall not, in aggregate, exceed the statutory limits fixed under the law (ordinarily one-third of net salary as specified with written consent). The Employer is authorized to act on the strength of this agreement; such consent may be withdrawn by you in writing at any time, subject to settlement of outstanding Advances and Fees. 

14.    In the event that a dispute arises regarding the Total Amount Due and to be deducted, you agree to first attempt resolution with the Company and your Employer. In the event of non-resolution, you may escalate the matter to the FSRA Ombudsman or competent authority as per Eswatini law. 

14.   DATA PROTECTION, PRIVACY, AND INFORMATION SHARING 

14.1. Data Controller Responsibilities the Company acts as a Data Controller within the meaning of Eswatini’s Data Protection Act, 2022. It will collect, process, retain, and share The Recipients personal information only for the express purposes of verifying eligibility, processing Advances, operating the Advance Service, meeting statutory obligations, and as may be legally required by the FSRA, CBE, or other competent authority. 

14.2. Scope and Limit of Personal Data Use The Company may request, receive, and store information from The Recipient and your Employer as necessary, including, but not limited to, personal identification data, employment and earnings records, bank account details, and other information legally required or relevant to the Advance service. 

14.3. Purpose Limitation and Consent The Recipient’s personal data will be handled only for the express purposes authorized under these Terms, as required by law, or as required to comply with legal obligations. Any processing, transfer, or further use outside these requirements will be made only with your explicit, informed consent, unless otherwise prescribed by law. Sensitive data will not be processed except as necessary for compliance and function of the Company’s legitimate operation or explicit legal obligations. 

14.4. Security and Breach Notification Appropriate technical and organizational measures are maintained to prevent any unauthorized access, loss, misuse, or modification of your data. In the event of a data breach likely to result in risk to your rights or freedoms under law, you will be notified as soon as reasonably possible, in accordance with statutory requirements. 

14.5. Data Retention and Erasure Personal information will be retained no longer than is necessary for lawful business or regulatory purposes except where otherwise authorized by law, contract, or with your explicit consent. You may request correction or erasure of your data subject to legal limits. 

14.6. Disclosure to Third Parties The Company does not share your data with parties other than your Employer (for payroll and verification), regulatory authorities (for compliance), licensed credit bureaus (if and as lawfully permitted), and legally mandated processors (such as payment processors). We will not sell or transfer your personal data for unrelated marketing or commercial purposes. 

14.7. Electronic Communications and E-Signature This Agreement may be concluded electronically. By accepting these Terms you confirm that electronic communications — including secure e-signature as defined in the Electronic Communications and Transactions Act No. 3 of 2022 — shall have full and binding effect, equivalent to handwritten signatures. 

15. CONSUMER RECOURSE, COMPLAINTS AND REMEDIES 

15.1. Complaint Process If you believe you have been treated unfairly or there is any problem with your Advance, deduction, privacy, or other aspect of your EWA experience, you may submit a complaint via: 

• The Company digital platform helpdesk, 

• In writing to the business address of the Company, or its e-mail as provided in the definitions above, 

• Contact number as provided in the definitions above.