All clauses in these Terms displayed in BOLD are provisions which limit the risk or liability of Neem Paymenow and constitute an assumption of risk or liability by you, impose an obligation on you to indemnify Neem Paymenow or is an acknowledgement of a fact by you. Please read these clauses carefully before agreeing to these Terms.
DISCLAIMER
Neem Paymenow does not guarantee that your Remuneration information, or the Partner Benefits information displayed on the App is accurate or reliable. All information displayed on the App has been provided to Neem Paymenow by your Employer and Partners.
Any reliance you place on any information on the App and your transactions through the App are strictly at your own risk.
Neem Paymenow will not accept any responsibility for any loss whatsoever which may result from you relying on the information or materials published on the App or your transactions through the App.
You agree that any Cash-Outs you request through the App are NOT a loan or any form of credit whatsoever, and that Cash-Outs are NOT in addition to your normal Remuneration and will be SUBTRACTED from your Remuneration payable by your Employer in terms of your employment relationship.
Your Employer has agreed to allow you to access a portion of your Remuneration earned for the Pay Cycle, before Payment Date. You can only access these amounts through the App on these Terms.
You will still be required to pay all taxes and other deductions and contributions on your full Remuneration, regardless of how much you have accessed through the App.
IMPORTANT DEFINITIONS
Access Percentage means the percentage of your Remuneration that you can access in a Pay Cycle, which is determined by your Access Status, and displayed on the Dashboard;
Access Status means the portion of the Access Percentage that is available to you depending on your status, being 'Green', 'Bronze', 'Silver' and 'Gold', and displayed on the Dashboard;
App means the application used to access the Services, and is available as a mobile application on a cell phone, web-app accessed through an internet browser (such as Chrome) on a laptop, computer, tablet or cell phone;
Cash-Outs mean the cash amounts that you request through the App, before the Service Fee is subtracted, which full amount is subtracted from your Remuneration on Payment Date by your Employer;
Dashboard means the page on the App that sets out all of your information, including your Access Percentage, Access Status, Remuneration earned, Cash-Out available and the Partner Benefits information (if applicable), amongst other information;
Partner Benefits mean the value added products and services that are made available through the App and which can be purchased through the App from time to time, as determined by your Employer;
Partners mean the third party service providers that Neem Paymenow and your Employer has partnered with to provide you with the Partner Benefits. Partners are NOT part of Neem Paymenow;
Pay Cycle means the period over which you earn your Remuneration before you are paid by your Employer, being monthly, fortnightly, weekly, etc. and as set out on the Dashboard;
Paymenow Fees mean the fees that we charge you for your use of the App and Services, being: the "Service Fee" which is the fee charged for each Cash-Out you request through the App, which is calculated on the Cash-Out amount and is displayed in the App;
Neem Paymenow, "us" and "we" means Neem Exponential Financial Services Private Limited, a company incorporated under the laws of Islamic Republic of Pakistan, having its registered office at The Hive, 3rd Floor, MA Tabba Foundation Building, Gizri Rd, Karachi; email: info@neem.io;
Payment Cut-off Date means midnight (24h00) on the last day during a Pay Cycle on which you can request a Cash-Out before the end of the Pay Cycle and the Payment Date, and is displayed on the Dashboard;
Payment Date means the day at the end of each Pay Cycle on which your Employer pays your Remuneration (less any taxes, deductions and Cash-Outs, if applicable), and is displayed on the Dashboard;
Pay-Out Amount means the cash amount that is paid into your bank account or paid to Partners on your request, after the Service Fee have been subtracted from the Cash-Out amount;
Personal Information means all information about you that can be used to identify you;
Remuneration means the consideration/wages/salary that you earn during a Pay Cycle for the services that you perform for your Employer, which is the amount displayed on the Dashboard;
Services mean the services that you access through the App, including the access to Cash-Outs and Partner Benefits;
Terms means these terms in this legally binding agreement that regulate your use of the App and our relationship with you; and
User and you means the individual person making use of the App.
Application of these terms
These Terms will apply when you use the App and Services for the first time, and each time you make use of the App. Please read these Terms carefully and make sure you understand them before you download or use the App and create your account as you are required to accept these Terms when logging into the App for the first time.
To make use of the App and Services you must agree to these Terms and by using the App you are deemed to have accepted these Terms unconditionally. Please do not download or use the App or use the Services if you do not agree to these Terms. We reserve the right to refuse any use of the App without notice or reason.
These Terms, as updated from time to time, apply for as long as you use the App and Services, which includes the period until any disputes arising from your use of the App and Services have been settled. These Terms will also apply to any future services and interaction channels that we may make available unless stated otherwise.
We may change or add to these Terms, and/or change or disable or offer new features on the App from time to time, at our discretion. Unless specifically provided otherwise in these Terms, we will give you 30 (thirty) calendar days’ notice of any material changes via electronic communication, such as SMS or email, which will contain a link to the updated terms or with a prominent notice on the App.
For continued use of the App and Services, you may be requested, from time to time, to accept new or amended versions of these Terms. If you disagree with the changes made, you must stop using our App. By continuing to use the App after we have notified you of any changes, you agree to be bound to the changes.
Your access to the App and Services is dependent on your Employer allowing you to make use of the Services, which access may be revoked by your Employer at any time.
OTHER APPLICABLE TERMS
Your use of the App and Services will be regulated by these Terms as well as any other terms that we make available, the terms and conditions imposed by the Partners, and your employment agreement with your Employer. In the event of any conflict between these Terms and your employment agreement, these Terms will take preference over your employment agreement to the extent of any conflict.
YOUR ACCOUNT AND INFORMATION
To use the App and Services, your Employer will upload certain information about you to the App, and you must then validate the information that your Employer has provided.
The information that we will use includes certain Personal Information about you, including, amongst others, your name, CNIC, mobile number, other available contact information, employment information, including your Remuneration, and your IBAN into which your Employer pays your Remuneration. This information must be confirmed by you in order to use the App and Services. We may also request additional information about you when you use the App and Services.
You will also be required to create a password to assist with securing your account on the App.
By using the App, you acknowledge and agree that all information confirmed and/or provided to Neem Paymenow, is your own and is correct.
You are solely responsible to keep your account access information – username and password – safe. If anyone enters your account access information (whether that, be you, or anyone else), we assume that the person using the App is you. Neither Neem Paymenow or your Employer will be liable for any damages suffered or losses incurred from the unauthorised use of your account.
You may not share your account information with other persons. Only you may use your account to access the App and Services and the Partner Benefits, and you may only use the App and Services and Partner Benefits for your own personal purposes. You are NOT ALLOWED to sub-license or use your account or the App for commercial reasons.
It is in your interests to familiarise yourself with our security requirements, guidelines and procedures we communicate from time to time and follow these carefully. You must inform us and your Employer immediately if there has been, or if you suspect, any breach of security or confidentiality of your account, and then update your account access information. If you do not update your password and notify us and your Employer of a security breach, we will not be liable for any harm that you might suffer if someone uses your account.
OUR APP and SERVICES
The App and Services offers the following functions to Users:
request Cash-Outs during a Pay Cycle up to the maximum Access Percentage of the portion of Remuneration earned at that point in the Pay Cycle;
make use of Partner Benefits that are offered through the App from time to time, if applicable;
access your payslips; and
engage in financial education initiatives offered on the App from time to time.
The App is only allowed to be used by Users who:
have been onboarded on the App by their Employer;
continue to be employed by their Employer;
have created an account on the App in terms of clause 5; and
are 18 (eighteen) years and older at the time of agreeing to these Terms. Any persons under the age of 18 (eighteen) years require the consent or assistance of a parent or guardian to legally enter into a reciprocal agreement. Any User who is not at least 18 (eighteen) years old requires the consent or assistance of a parent or guardian to use the App.
Neem Paymenow accepts no responsibility for invalid consent being provided by a User who is not at least 18 (eighteen) years old. Any legal action taken against a minor because of their use of the App is independent from Neem Paymenow and we will not be a party to any such legal action.
Neem Paymenow is not liable for any inability that you may have in meeting your financial commitments as a result of making use of the App and therefore receiving your Remuneration less any Cash-Outs requested during the Pay Cycle on the Payment Date. You remain solely responsible for your financial commitments and the Cash-Outs that you withdraw.
Using the app
Your use of the App, and access to any Cash-Outs, is subject to your Employer’s continued compliance in terms of the agreement that it has entered into with us AND your continued employment with your Employer AND your compliance with these Terms. Neem Paymenow will under no circumstances be liable to you in the event of the App and our Services no longer being available to you due to our agreement with your Employer being breached or terminated.
Your Access Status
Your Access Status determines what percentage of your Remuneration you can access as a Cash-Out.
Your Employer will set the Access Percentage, which indicates the maximum percentage of your Remuneration that you can access as a Cash-Out in a Pay Cycle. Your Access Status then determines what percentage of that Access Percentage you can access.
For example, the Access Percentage set by your Employer might be 50%. If you are on the Green Status, you will only be allowed to access 35% of the Remuneration that you have earned (70% of the 50% limit). On the Bronze Status you will have access to 40% of the Remuneration, on the Silver Status, you will have access to 45% of the Remuneration, and on the Gold Status, you will have access to 50% of the Remuneration.
By completing any requirements to qualify for an Access Status, Neem Paymenow is not providing any form of advice whatsoever and is not recommending that you make use of the Services or suggesting that you will be able to meet your financial obligations if you do or do not use the Services.
Requesting a Cash-Out
Your total Cash-Out during the course of a Pay Cycle will be displayed on the Dashboard, and will be updated throughout the Pay Cycle, as the Pay Cycle progresses (as you earn a larger portion of your Remuneration) and as you access any Cash-Outs. The available amount is updated as we receive updated information from your Employer (Neem Paymenow has no control over when updated information is received from your Employer) and as your Access Status changes.
The maximum amount that you may access as a Cash-Out at any point during a Pay Cycle is displayed on the Dashboard and you will not be allowed to access more than the amount displayed on the Dashboard at any point.
We will display the Service Fee for each Cash-Out on the App. The Service Fee is PKR 25 for every PKR 1000 of the total Cash-Out amount.
The Pay-Out Amount that you will receive into your bank account is the Cash-Out amount selected by you, less the Service Fee. The Cash-Out amount, Service Fee and Pay-Out Amount will be displayed on the App for you to confirm. The minimum Pay-Out Amount that you select should therefore be sufficient for your purposes, as it is the Cash-Out amount after the Paymenow Fees have been subtracted.
You will need to confirm the transaction in the App before we process it and make payment, which will require you to input a one-time-password (OTP) that we send to your cell phone number into the App.
Receiving your Remuneration on Payment Date
On the Payment Date, your Employer will pay you your Remuneration for that Pay Cycle, less all taxes, contributions and deductions and amounts that you have agreed that your Employer can deduct from your Remuneration (your “Nett Remuneration”).
If you have accessed a Cash-Out during the Pay Cycle, your Employer will subtract those Cash-Out amounts from your Nett Remuneration.
If you have not requested any Cash-Outs during a Pay Cycle, your Employer will pay you your Nett Remuneration.
Partner Benefits
Certain information about the Partner Benefits will be displayed on the App, or the App will include a link to the Partner’s website with the relevant information.
Neem Paymenow does not provide the Partner Benefits itself, and only provides for a mechanism to access the Partner Benefits and Services via the App.
Partner Benefits and Services are subject to availability and will vary from time to time.
Your access to Partner Benefits may be linked to your Access Status.
Neem Paymenow reserves the right to change or remove any Partner Benefits or Partner from time to time and without prior notice. Neem Paymenow will not be liable for any damages whatsoever that you have suffered as a result of the change or removal of a Partner Benefit or Partner.
Payslips
Should your Employer elect to make use of our payslip access functionality, you will have access to, and the ability to download (in PDF format), your payslips for the last three months via the App.
Neem Paymenow does not generate your payslips itself, it only provides for a mechanism to access and download your payslip via the App that has been uploaded by your Employer or its duly authorised third party payroll service provider.
Neem Paymenow reserves the right to revoke access to your payslips via the App without prior notice should your Employer elect to no longer make use of our payslip access functionality.
Neem Paymenow will not be liable for any damages whatsoever that you may suffer as a result of (i) any errors, inaccuracies or incorrect data reflected in or on any payslip or; (ii) the revocation of access to your payslips via the App.
You may request to use your Pay-Out Amount to purchase Partner Benefits products or services through the App. Neem Paymenow is not a party to the agreement between you and the Partners and merely facilitates the transaction. Neem Paymenow therefore does not provide any warranties in respect of the Partner Benefits products or services and will not be involved in any disputes between you and the Partners.
You are responsible for obtaining independent advice for any tax, financial or other consequences from your use of the App, Services and/or Partner Benefits.
FEES
You will not be required to pay an upfront fee to download the App or a membership fee for creating an account on the App.
We will charge you the Neem Paymenow Fees only when you request a Cash-Out.
The Neem Paymenow Fees will be subtracted from the Cash-Out amount that you have selected (and you will receive the Pay-Out Amount in your bank account).
You will still be liable for your normal banking fees, to pay taxes on your full Remuneration, payment for the Partner Benefits (if required), data costs to access the App, etc., but these amounts are not charged by Neem Paymenow and are in addition to the Neem Paymenow Fees.
Neem Paymenow may decide to charge additional fees for the use of the App or Services in the future, and the Neem Paymenow Fees are also subject to change from time to time, however, these changes will be notified to you in advance. You will need to accept an updated version of these Terms if we change any fees that we charge.
PAYMENTS
Payment to your bank account: all Pay-Out Amounts will be paid into the IBAN that your Employer pays your Remuneration into -some text
Your Employer will provide us with your IBAN information when onboarding you onto the App, which information you need to confirm through the App.
You can only change the IBAN that we pay the Cash-Out into through your Employer – only your Employer can amend your IBAN information.
Transaction records: you will have access to a list of all Cash-Outs requested through the App in your account on the App -some text
Your Employer will also indicate the Cash-Out amount (before any Neem Paymenow Fees have been subtracted) on your payslip.
On request, we will issue you with a tax invoice for the Neem Paymenow Fees paid by you for each Cash-Out.
REFUNDS
Any amounts paid to you as a Cash-Out, and all Neem Paymenow Fees, are non-refundable and cannot be returned.
Once a transaction has been confirmed by you, it cannot be cancelled.
Other than due to the gross negligence of Neem Paymenow, Neem Paymenow will not refund any amounts that have been paid as a Cash-Out or in respect of a Partner Benefits transaction or any Neem Paymenow Fees.
Any refunds or returns in respect of Partner Benefits must be dealt with between you and the Partner directly, and you will be bound by any returns policy of the Partner.
CANCELLATION AND SUSPENSION
If you breach these Terms, we may, cancel or suspend your account or access to or use of the App and Services in our sole discretion and without any liability. We will also cancel your account when your employment relationship with your Employer ends.
We may also cancel your account, terminate these Terms, suspend our obligations if:some text
we become aware of circumstances that lead us to believe that you will not perform your obligations required by these Terms;
we have been instructed to suspend or terminate your account or use of the App and Services by your Employer for any reason;
the agreement between Neem Paymenow and your Employer has ended for any reason; or
you have not used your account or the App for 3 (three) years and are therefore considered to be an inactive User.
You may stop using the App at any time at your discretion by deleting any version of the App. If you delete the App or stop using the Services, and if applicable, your Employer will still subtract any Cash-Outs accessed by you from your Nett Remuneration for that Pay Cycle.
Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Terms.
When these Terms end:
you must immediately stop using the App;
you must make all reasonable efforts to delete all parts of the App held by you in any format whatsoever;
we will delete your account and you will no longer be able to access any portion of the App that requires an account; and
we may retain your Personal Information generated as a result of the App for a reasonable period in line with applicable data protection laws.
ACCEPTABLE USE POLICY
Users may specifically not use the App for any commercial purpose whatsoever. The App is made available for the personal, non-commercial use of the User only.
Some devices may not support the use of the App. You are responsible to keep your device(s) updated and/or in a condition for them to support the App, including internet access capabilities and using the most recent version of the App as updated from time to time.
You must respect our App and our intellectual property in utmost good faith and use it only as we intend it to be used. If you use the App in a way that violates this undertaking, we may terminate your use of the App.
We will be the sole judge of what constitutes a violation of your undertaking to use the App, but these will likely be good grounds:some text
copying or distributing any of the content on the App without our explicit consent to do so;
providing any untrue or incorrect information to us;
impersonating any person or entity, including another user, your Employer or a Partner;
changing, modifying, copying, decompiling, circumventing, disabling, tampering with or any part of the App, including the security features or reverse engineering the App;
infecting the App with any software, malware or code that may infect, damage, delay or impede the operation of the App or which may intercept, alter or interfere with any data generated by or received through the App;
using malicious search technology, including, but not limited to, spiders and crawlers;
deep linking to any pages of the App or engaging in any other conduct in a way to suggest that you are the owner of any intellectual property in the App;
allowing any third party to use your account in any manner other than as permitted by these Terms; or
posting any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any laws.
ELECTRONIC MESSAGES AND COMMUNICATION
We will mainly use email and electronic notices on the App to communicate with you about the App or these Terms. This may also include SMS (short message services) or telephone.
Please note that by accepting these Terms and using the App, you acknowledge that we may use your personal contact information provided by you or your Employer for communicating with you via electronic messages and communication in terms of applicable data protection laws. This includes us sending you direct marketing communications. You can opt-out from receiving further direct marketing messages at any point in time.
SOCIAL MEDIA INTEGRATION
The App may allow you to create an account, profile, log in and/or share information through connecting to various social media sites or apps, including Facebook, Twitter, LinkedIn, and Instagram. If you use the App in this way, then the relevant social media websites’ rules will also apply, and you agree to this integration.
THIRD PARTY SITES
We may provide certain links to third party websites or apps only for your convenience, and if we include any links or any advertisement of any third party on the App, it does not imply that we endorse the websites or apps, their products, business or security practices or any association with its operators. You access and use any third-party websites, apps, products, services, and/or business, solely at your own risk. Your use of a Partners website is also at your own risk and subject to their website terms.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used in the App including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)' property and will remain our or the owner's property at all times. You agree that you will not acquire any rights of any nature in respect of that intellectual property by using the App.
Privacy
We are committed to taking steps to protect your privacy when you use our Services and App. We implement business practices that comply with all relevant and applicable legislation, regulation and laws of Pakistan including the Protection of Personal Information and process Personal Information.
By agreeing to these Terms and using the App or Services, you consent to us processing your Personal Information for purposes of these Terms, which includes amongst others, creating your account, transacting through the App, sharing your Personal Information with your Employer and Partners, making promotional offers available to you, marketing purposes, analysing use of the App for our internal business purposes and to improve our offerings, and complying with applicable laws.
We also implement appropriate technical and other security measures to protect the integrity and confidentiality of Personal Information. We protect and manage Personal Information that we hold by using electronic and computer safeguards such as firewalls, data encryption, and physical and electronic access control to our buildings. We only authorise access to Personal Information to those employees and third-party service providers who require it to fulfil their designated responsibilities.
Due to the nature of the App and the services we offer, we may need to transfer Personal Information to and from different countries for our business purposes. We will only share Personal Information cross border with recipients in countries with adequate data protection laws or do so in terms of a written agreement with the recipient which imposes data protection requirements on that party.
We may track your use of our App for a number of purposes, which includes improving our business and offerings. Personal Information obtained about you in this regard will not be shared or used in violation of these Terms or any applicable laws.
Any Personal Information that we may have of yours will only be processed in so far as is required for us to perform in terms of these Terms and in accordance with applicable laws.
We will keep your Personal Information confidential and only share it with others in terms of these Terms, where you consent to it, or if the law requires us to share it. We have trusted relationships with carefully selected third parties who perform services for us. All these service providers have a contract with us in terms whereof they have a legal obligation to secure your Personal Information and to use it only in a way that we permit.
If you believe we are using your Personal Information unlawfully, please contact us at. Ifyou have no success in this regard, you may lodge a complaint to the Information Regulator.
WARRANTIES AND REPRESENTATIONS
Subject to applicable laws:
we give no guarantee of any kind concerning the content or quality of the App or Services;
we do not give any warranty (express or implied) or make any representation that the App or Services will operate error free or without interruption or that we will correct any errors or that the content is complete, accurate, up to date, or fit for a particular purpose; and
we make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the App or Services and/or the information, images or audio contained on the App or offered by any Partners. The App, Services and the Partner Benefits are used at your own risk.
You warrant to and in favour of us that:
you have the legal capacity to agree to and be bound by these Terms; and/or
you have the consent of a parent/guardian if you are younger than 18 (eighteen) years or that you are 18 (eighteen) years or older;
you are currently employed by your Employer; and
these Terms constitute a contract valid and binding on you and enforceable against you.
You undertake to abide by the Anti-Money Laundering, Combating Terrorist Financing Act/Regulations issued by the State Bank of Pakistan, SECP and as prescribed in the Law of Islamic Republic of Pakistan
You consent to your employer sharing data with us and receiving data from us that is required to provide the services
You agree and allow Neem Paymenow to share the data when required by the law enforcing authorities
You agree and allow Neem Paymenow to share the data with any third-party services provider solely for the purpose of this arrangement
Each of the warranties given by you will:some text
be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms;
continue and remain in force irrespective of whether these Terms are active, suspended or cancelled; and
be deemed material.
LIMITED LIABILITIES
To be clear
Neem Paymenow will not be liable for any loss arising from you using the App or Services or products or services offered by Partner Benefits or any reliance on the information presented on the App;
Neem Paymenow will not be liable to you for any loss or harm or other consequences that you may suffer as a result of you accessing any Cash-Outs;
Neem Paymenow will not be liable to you for any loss or harm that you may suffer as a result of using any Partner Benefits through the App;
Neem Paymenow will not be liable to you for any loss caused by using App, Services or your liability to any third party arising from those subjects. This includes but is not limited to:
any claims that you have against a Partner for any reason whatsoever;
any interruption, malfunction, downtime, off-line situation or other failure of the App, system, databases or any of its components;
any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the App; and
any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the App, or third-party systems or programming defects;
Neem Paymenow will not be liable if the App is not free from infection, viruses and/or other code that has contaminating or destructive properties;
the App and websites of Partners may include inaccuracies or typos – in such instances we cannot be held liable and cannot be forced to comply with offers that are genuinely (and/or negligently) erroneous;
Neem Paymenow will not be responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of the App. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and
finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.
INDEMNITY
You indemnify, defend and hold Neem Paymenow (including our shareholders, directors and employees) harmless from any damages, losses, liabilities and costs (including, but not limited to, reasonable attorneys' fees) related to any third-party claims, charges or investigations caused by your breach of these Terms or applicable laws or harm that you may suffer from your interactions with a Partner.
FORCE MAJEURE
Neem Paymenow will not be responsible for any failure or delay to perform or comply with our obligations in these Terms where the delay or failure is due to any cause beyond Neem Paymenow’ s reasonable control.
ARBITRATION
Any dispute regarding these Terms will be submitted to and decided by arbitration in terms of the Arbitration Act of 1940 as amended and legislation for the time being in force in the Islamic Republic of Pakistan. The parties will appoint an arbitrator within 14 (fourteen) calendar days of either party demanding arbitration, failing which either party may request the Secretariat of the Pakistan Centre for Dispute Resolution (PCDR) to recommend an arbitrator to preside over the arbitration proceedings, which recommendation will immediately be deemed to have been accepted by the parties as soon as such recommendation is made to either party and the arbitration process may immediately commence.
The rules of Commercial Arbitration as stipulated by PCDR will apply to the arbitration and the arbitration will be held with only the parties and their representatives present at Islamabad. The arbitrator's award shall, in the absence of manifest error, be final and binding on the parties.
This clause 22 is severable from the rest of these Terms and will remain in effect even if these Terms are terminated for any reason.
LEGAL DISCLOSURE
Full name of supplier of the Services: Neem Exponential Financial Services Private Limited, a company incorporated under the laws of Islamic Republic of Pakistan.
Legal status: Neem is a company incorporated in terms of the applicable laws of the Islamic Republic of Pakistan.
Description of main business of Neem Paymenow: Neem Paymenow provides a service to Employers and Employees in terms whereof payments by the Employer to the Employee in terms of agreements between these parties, are facilitated through the Neem Paymenow App and Services.
Address: The Hive, 3rd Floor, MA Tabba Foundation Building, Gizri Rd, Karachi, Pakistan
GENERAL
Suspension of the App: we may temporarily suspend the App for any reason, including if we repair or upgrade the App or other systems. Neem Paymenow will take reasonable efforts to notify Users of such suspensions in advance.
Entire agreement: these Terms are the whole agreement between the parties relating to the subject matter of these Terms and supersedes any other discussions, agreements and/or understandings regarding the subject matter of these Terms.
Confidentiality: neither party will disclose any confidential information to any third party without the prior written approval of the other party, unless required by law.
Law and jurisdiction: these Terms and all obligations connected to them will be governed and interpreted in terms of the laws of the Islamic Republic of Pakistan. Each party submits to the jurisdiction of the Pakistani courts.
Breach: if Neem Paymenow breaches any material provision or term of these Terms and fails to remedy such breach within 14 (fourteen) calendar days of receipt of written notice requiring it to do so, then the User will be entitled without further notice, in addition to any other remedy available to it at law or under these Terms (including obtaining an interdict), to cancel these Terms or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the User's right to claim damages.
No waiver: if Neem Paymenow does not insist on or enforce strict performance by the User of any provision of these Terms when they are entitled, or does not exercise any right under these Terms, it does not mean that they have waived their rights to enforce any such provision or right in any other instance.
No representation: to the extent permissible by law, Neem Paymenow will not be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded in these Terms, whether it induced the contract and/or whether it was negligent or not.
Severability: any provision in these Terms which is illegal, invalid or unenforceable will be ineffective to the extent of such prohibition or unenforceability and will be severed from these Terms without invalidating the remaining provisions of these Terms.
Grievance redressal mechanism: Neem Exponential Financial Services shall implement a grievance redressal mechanism, which may be revised from time to time. The grievance redressal mechanism includes:
Complaint Registration: Customers can register their complaints through info@paymenow.app
Acknowledgement: Neem Paymenow will acknowledge receipt of the complaint within 5 Business Days
Investigation: Neem Paymenow will investigate the complaint thoroughly and impartially.
Resolution: Neem Paymenow will provide a resolution to the complaint within 30 days from the date of complaint registration.
Neem Paymenow shall communicate any revisions to the grievance redressal mechanism to its customers through appropriate channels.
Notices:
Neem Paymenow selects The Hive, 3rd Floor, MA Tabba Foundation Building, Gizri Rd, Karachi, Pakistan and info@neem.io as its email address for the service of all formal notices and legal processes in connection with these Terms, which may be updated from time to time by updating these Terms.
You select the physical address and email address in your account or as provided by your Employer, and your ordinary place of employment, as your address for service of all formal notices and legal processes in connection with these Terms.
Service via SMS will be accepted in all cases where notice is required unless alternative service is required by law.
Let’s enable financial wellness for your business and customers together
.png)
