Payroll Account Terms and Conditions

1. Definitions and Intepretation

The following definitions and rules of interpretation in this clause apply in these Terms.

1.1 Definitions:

Affiliates: means any entity directly or indirectly controlling or controlled by or under direct or indirect common control with another entity. For the purposes of this definition, “control” when used with respect to any specified entity means the power to direct the management and policies of such entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Aggregate Salary Disbursement Amount: means the aggregate funds to be disbursed by Botim Money to Employees.

Agreement: means the Payroll Service Agreement between the Employer and Botim Money incorporating these Terms.

Applicable Laws: means all of the applicable laws, statutes, orders, rules, provisions, regulations, directives and guidelines that have legal effect, whether locally, nationally, internationally or otherwise, existing from time to time as they may apply to the Parties and the Services.

Authorised Signatory: means the person who is authorised to represent the Employer, as notified to Botim Money from time to time.

Business Day: means a day other than a Saturday, Sunday or public holiday in the UAE on which banks are open for business in the UAE.

CBUAE: means the Central Bank of the United Arab Emirates.

Corporate Wallet: means a stored value facility in the name of the Employer held with Botim Money.

Employee: means an employee of the Employer.

Fees: means the fees set out in Clause 2.1 of the Payroll Service Agreement.

Labour Regulatory Authority: means one or more (as the context requires) of the labour regulatory authorities in the UAE.

Ministry of Labour: means the Ministry of Labour of the UAE.

Party: means each of Botim Money and the Employer and together, the Parties.

PIN: means a combination of numeric characters which are required by the Employee to withdraw cash from ATM using a Salary Card.

Salary: means the salary of an Employee (inclusive of allowances).

Salary Card: means a payroll card issued by Botim Money to an Employee.

Salary Disbursement: means a disbursement of the Salary of an Employee by Botim Money to the Employee as directed by the Employer.

Salary Disbursement Date: means the date of a Salary Disbursement.

Salary Information File or SIF: means the salary file generated by the Employer in the format mandated by WPS.

Services: means the payroll account services provided by Botim Money to the Employer in accordance with the Payroll Service Agreement and these Terms as further described herein.

Terms: means these Payroll Account Terms and Conditions.

Third Party: means an individual, entity or organization that is not directly involved as a signatory or party hereunder.

UAE: means the United Arab Emirates.

WPS: means the Wages Protection System regulated by the CBUAE, Ministry of Labour and Labour Regulatory Authorities

WPS Manual: means the Wages Protection Systems Specifications Manual issued by the CBUAE and Ministry of Labour, as may be amended, replaced and supplemented from time to time.

1.2 Interpretation:

  • Clause, schedule and paragraph headings shall not affect the interpretation of these Terms. 
  • References to clauses and schedules are to clauses and schedules of these Terms.
  • A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  • A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. 
  • The schedules form part of these Terms and shall have effect as if set out in full in the body of these Terms and any reference to these Terms includes the schedules. 
  • Unless the context otherwise requires, words in the singular shall include the plural and vice versa. 
  • Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders. 
  • These Terms shall be binding on, and endure to the benefit of, the Parties and their respective personal representatives, successors and permitted assigns, and references to any Party shall include that Party’s personal representatives, successors and permitted assigns.
  • A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.
  • A reference to writing or written includes email.
  • Any obligation in these Terms on a person not to do something includes an obligation not to agree or allow that thing to be done.
  • A reference to these Terms or to any other agreement or document is a reference to these Terms or such other agreement or document, in each case as varied from time to time.
  • Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

2. Employer Registration

2.1 The execution and return of the Payroll Service Agreement constitutes acceptance of these Terms by the Employer.

2.2 The commencement and provision of any Services by Botim Money is contingent upon the successful completion (in Botim Money’s sole discretion) by the Employer of:

  1. Botim Money’s onboarding procedures to the satisfaction of Botim Money; 
  2. Botim Money’s know-your-customer, anti-money laundering, and counter-financing of terrorism onboarding procedures, as determined by Botim Money (Customer Due Diligence); and 
  3. any other onboarding requirement Botim Money, in its sole discretion, deems necessary or desirable.

2.3 Botim Money’s Customer Due Diligence will be conducted in accordance with the Applicable Laws, and the Employer is obliged to provide all necessary documentation and information promptly as requested by Botim Money for the purpose of complying with such Applicable Laws. Failure to comply with these requirements, or the provision of inaccurate, incomplete, or misleading information, may result in the refusal to commence or the termination of services at Botim Money’s sole discretion.

3. Payroll Account Services

3.1 Botim Money agrees to provide to the Employer the Services specified in the Payroll Service Agreement, including some or all of the following services as is further set out in Schedule 1 hereto:

  1. WPS Payroll Processing, Disbursal and Refund;
  2. Non-WPS Payroll Processing, Disbursal and Refund; and
  3. Salary Card Issuance and Management.

3.2 Botim Money’s record of any transaction completed relating to the Services and/or any Salary Card shall be conclusive evidence of such transaction having been completed and shall be binding on the Employer.

3.3 Botim Money shall have the right to reject or cancel any transaction relating to the Services in the event of any transaction or instruction being incomplete, inconsistent, incorrect, or in breach of Botim Money’s statutory or regulatory obligations.

3.4 Botim Money may, without being required to give reasons, refuse to accept any instruction from the Employer relating to the Services and at its sole discretion, may withdraw at any time all rights and privileges of the Employer relating to the Services.

4. Fees and Payment Terms

4.1 The Fees are exclusive of any governmental taxes, duties, fees, and levies and the Employer shall be responsible to pay all taxes, duties, fees or levies of any kind whatsoever.

4.2 The Employer hereby undertakes and agrees that Botim Money shall have the right to set-off any Fees, charges, or other amounts owed by the Employer to Botim Money under these Terms against any funds held in the Corporate Wallet. The Employer acknowledges and agrees that Botim Money may, at its sole discretion, deduct such outstanding amounts from the Employer’s Corporate Wallet without requiring prior notice. These set-off rights are in addition to, and not in limitation of, any other rights and remedies that Botim Money may have under these Terms or in accordance with Applicable Law.

4.3 The Employer hereby irrevocably and unconditionally accepts all authorised debits arising from its use of the Services.

4.4 If for any reason the Corporate Wallet is overdrawn by the Employer’s use of the Services, the Employer shall immediately make any payment required to bring the Corporate Wallet into good standing.

5. Refunds and Reversals

5.1 If an Employer notifies Botim Money of a refund or instruction reversal request, Botim Money will use reasonable efforts to give effect to such request. However, once an Employer has given Botim Money an instruction, it may not be possible for Botim Money to refund or reverse it. Accordingly, Botim Money shall not be under any legal obligation to reverse any instruction given by an Employer relating to the Services.

5.2 If Botim Money is able to refund amounts or reverse an instruction, the Employer shall be solely responsible for any costs Botim Money incurs as a result of such refund or reversal, including any applicable service fees.

6. Employer's Obligations

6.1 The Employer hereby undertakes and agrees to:

  1. establish and maintain a Corporate Wallet with Botim Money for the provision of the Services to the Employer by Botim Money;
  2. execute any document, now or in the future, which may be required by Botim Money in connection with the provision of the Services. Where the Employer fails to comply with Botim Money’s requirements, Botim Money shall be entitled to cease providing the Services to the Employer;
  3. appoint and maintain Authorised Signatories entitled to initiate Salary Disbursement account transactions on behalf of the Employer by completing the Authorised Signatories Form;
  4. obtain and maintain at all times any licenses, authorisations, exemptions, and registrations under any Applicable Laws as may be required in the UAE for the Employer to undertake its business and perform its duties and obligations hereunder and under the WPS Manual;
  5. inform Botim Money immediately if at any time it is, or anticipates it will be, in breach of or unable to maintain any of the authorisations, licenses or registrations referred to in clause 6.1(d);
  6. promptly provide to Botim Money any information Botim Money reasonably requests in connection with the Services, including but not limited to information relating to know-your-customer, anti-money laundering, counter-terrorist financing due diligence;
  7. inform and educate its Employees about WPS and the Services that Botim Money will be providing to the Employer (and thus the Employee) hereunder, including but not limited to information regarding Salary Disbursement and Botim Money’s other financial services available to the Employee;
  8. each month: (i) provide to Botim Money no later than one (1) Business Day prior to the Salary Disbursement Date, the Salary Information File, or (ii) engage Botim Money to create the Salary Information File on its behalf, at an additional charge;
  9. ensure that the Corporate Wallet has sufficient funds, free and clear of any encumbrances, to cover the Aggregate Salary Disbursement Amount and Fees;
  10. promptly respond to Botim Money with regard to any requests to rectify errors in the SIF or insufficient balance in the Corporate Wallet to cover the Aggregate Salary Disbursement Amount and Fees;
  11. perform its obligations under the Payroll Service Agreement and these Terms with the reasonable skill, care and diligence to be expected of a qualified, experienced, and sophisticated commercial party; and comply at all times with the WPS Manual.

7. Botim Money's Obligations

7.1 Botim Money hereby undertakes and agrees to:

  1. obtain and maintain at all times any licenses, authorisations, exemptions, and registrations under any Applicable Laws as may be required in the UAE for Botim Money to undertake its business and perform its duties and obligations hereunder and under the WPS Manual;
  2. develop and maintain all software, hardware, and other equipment necessary for Botim Money to perform its obligations hereunder and in accordance with the WPS Manual;
  3. provide reasonably timely customer support to the Employer; and
  4. perform its obligations under the Payroll Service Agreement and these Terms with the reasonable skill, care and diligence to be expected of a qualified, experienced, and sophisticated commercial party.

8. Representations and Warranties

8.1 The Employer hereby represents and warrants to Botim Money that:

  1. it is authorising Botim Money to act upon instructions given by the Employer and/or its Authorised Signatories.
  2. the information contained in each SIF (or, in the case that the Employer has engaged Botim Money to create the SIF on its behalf, the information provided to Botim Money in lieu of the SIF) is true and accurate in all respects and that it has conducted or will conduct all necessary background checks on each Employee to verify their identities in full satisfaction of Botim Money’s KYC requirements and will ensure each Salary Card is delivered to the Employee without being disclosed to any other person and that it has the consent of the Employees to provide this information to Botim Money;
  3. it is duly incorporated and is in good standing under the laws of the jurisdiction in which it is incorporated and has the full power and authority to enter into and perform its obligations under these Terms;
  4. it has taken all necessary actions to authorise the execution. delivery and performance of these Terms and these Terms constitutes legal, valid and binding obligations. and is enforceable in accordance with its terms;
  5. it operates and conducts and will continue to operate and conduct its business in accordance with the requirements of all Applicable Laws; and
  6. it is not in default under any law, regulation, judgment, order or agreement applicable to it or any of its assets, the consequences of which default would have a material adverse effect on:
    1. its business or financial condition or prospects: or
    2. its ability to enter into or to perform its obligations under these Terms; and
  7. it is availing the Services solely on its own behalf and for its own benefit and not on behalf of or for the benefit of any other person.

8.2 Botim Money hereby represents and warrants to the Employer that:

  1. it is duly incorporated and is in good standing under the laws of the jurisdiction in which it is incorporated and has the full power and authority to enter into and perform its obligations under these Terms;
  2. it authorises and consents to Botim Money obtaining from the UAE Ministry of Human Resources and Emiratisation, any personal information relating to the Employer and to any Employee receiving a Salary Card, including, without limitation, financial, legal or credit information, information pertaining to the Employee’s address, telephones or utility bills or any other information which Botim Money deems reasonably necessary for the purposes of providing the Services (including Salary Cards) to such Employee (Information);
  3. Botim Money may, subject to the provisions of the Botim Money Privacy Policy,  obtain, request, transfer and disclose any Information relating to an Employee, to and between the subsidiaries, Affiliates and agents of Botim Money and any third parties selected by any of them or Botim Money, wherever situated, for the provision of the Services (including Salary Cards)  and for data processing, statistical and risk analysis purposes;
  4. it has taken all necessary actions to authorise the execution. delivery and performance of these Terms and these Terms constitutes legal, valid and binding obligations. and is enforceable in accordance with its terms;
  5. it operates and conducts and will continue to operate and conduct its business in accordance with the requirements of all Applicable Laws; and
  6. it is not in default under any law, regulation, judgment, order or agreement applicable to it or any of its assets, the consequences of which default would have a material adverse effect on:
    1. its business or financial condition or prospects: or
    2. its ability to enter into or to perform its obligations under these Terms.

8.3 Except for the express representations and warranties contained in this Clause 8, neither Party, nor any other person on such Party’s behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing or performance

9. Limitation of Liability

9.1 The Employer hereby acknowledges and agrees that it is solely liable to Employees for the full and timely payment of Salaries. Under no circumstances shall a failure by the Employer to comply with its obligations under these Terms or Applicable Law oblige Botim Money to pay any amount (including but not limited to salaries) to any Employee.

69.2 Botim Money shall not be liable for any damages whatsoever suffered by the Employer, the Employees or any Third Party, directly or indirectly, resulting from:

  1. the inability of the Employer, the Employees or any Third Party to use the Salary Cards at any time;
  2. the use or misuse by the Employer of the Salary Cards; or
  3. any errors or omissions by the Employer in performing its obligations under these Terms.

69.3 The Employer understands and agrees that it shall be liable for any damages whatsoever suffered by Botim Money directly or indirectly, resulting from:

  1. the issuance or use of the Salary Cards by the Employer or the Employees;
  2. the performance of the Services; or
  3. in the event that the Services are used for the purposes of or in connection with money laundering or any other illegal activity.

9.4 The Employer acknowledges and agrees that Salary Disbursement through the Services will make use of the CBUAE’s systems. The Employer further acknowledges that no Salary Disbursement will take place unless and until the CBUAE approves such disbursements, and Botim Money shall not be liable for any proposed Salary Disbursements that are not approved by the CBUAE.

9.5 Botim Money shall not be liable for any delay, damages or losses arising from the malfunction or failure of CBUAE systems or any other reason beyond the reasonable control of Botim Money.

9.6 Nothing in these Terms shall exclude or limit the liability of either Party in respect of:

  1. any indemnity given by a Party in these Terms;
  2. gross negligence or wilful misconduct of a Party; and
  3. liability that may not be limited or excluded pursuant to Applicable Laws.

9.7 To the maximum extent permitted by Applicable Laws, neither Party shall be liable for any loss of profit or any consequential, indirect or special damages including without limitation loss of opportunity. damages for personal injury or damages related to lost revenue. increased costs, or downtime costs of the other Party.

9.8 Neither Party shall be liable for any delay or failure to perform or comply with any obligation contained herein to the extent such delay or failure is attributable to any act or omission by the other Party or its agents or representatives.

10. Indemnity

10.1 The Employer hereby indemnifies and shall keep indemnified and hold Botim Money, its shareholders, directors, officers, employees, Affiliates and agents harmless from and against any losses, damage, claims, costs (including reasonable attorneys’ fees) or expenses of whatever nature, arising out of the Employer’s use of the Services.

11. Termination

11.1 The Employer may cancel its use of the Services at any time by notifying Botim Money in writing not less than thirty (30) days prior to such cancellation. Such notification shall not affect Botim Money’s right to execute all pending transfers and/or transactions previously received from the Employer, and these Terms shall remain in full force and effect until the date of such cancellation.

11.2 Botim Money may terminate these Terms at any time and for any reason by providing the Employer not less than fifteen (15) days prior written notice.

11.3 Botim Money reserves the right to terminate the Services immediately, without prior notice, if the Corporate Wallet is closed for any reason whatsoever or Botim Money reasonably deems it is necessary to terminate the Services in order to comply with Botim Money’s regulatory obligations.

11.4 Termination of these Terms shall be without prejudice to any rights of any Party that may have accrued up and to the date of such termination and the rights to terminate these Terms are not intended to be exclusive but shall be in addition to every other remedy or right available to a Party at law or otherwise.

12. Miscellaneous

12.1 Confidentiality. Each Party undertakes that it shall not at any time disclose to any person any Confidential Information unless required by Applicable Law.

12.2 Intellectual Property. Any intellectual property rights in any form whatsoever relating to Botim Money, its Affiliates, and the Services remains solely vested in Botim Money or its Affiliate (as may be applicable).

12.3 Information Rights. Employer hereby acknowledges that Botim Money may be required to share information (including Confidential Information and personal information) with certain third parties, including agents, service providers and regulators. The Employer hereby consents to the sharing by Botim Money of such information and shall ensure that its Employees similarly consent to the sharing of such information. 

12.5 Confidential Information. All information received from one Party to the other Party pursuant to the Agreement shall be treated by the recipient Party, its Employees, agents and sub-contractors as confidential and shall not be used other than for the benefit of the Agreement, nor disclosed to any Third Party without the prior consent of the disclosing Party. The provisions of this clause shall not apply to information which: (i) is in or enters the public domain other than by a breach of this clause; (ii) is obtained from a Third Party lawfully; (iii) is or has been independently generated by the recipient party; or (iv) is properly disclosed pursuant to Applicable Law.

12.6 Assignment. These Terms is personal to the Parties and neither Party shall assign, transfer, subcontract or delegate any rights and obligations under these Terms without the prior written consent of the other Party.

12.7 Survival. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms shall remain in full force and effect.

12.8 Announcements. Employer shall not make, or permit any person to make, any public announcement concerning the existence, subject matter or terms of these Terms, the wider transactions contemplated by it, or the relationship between the Parties, without the prior written consent of Botim Money except as may be required by Applicable Law.

12.9 Entire Agreement. These Terms (inclusive of any forms or documents provided by Employer to Botim Money as part of the onboarding process) constitutes the entire agreement between the Parties. Employer acknowledges that in entering into these Terms it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

12.10 Variation. Botim Money may, in its sole discretion and for any reason, vary the terms of these Terms (including any agreement ancillary to these Terms) by providing Employer with not less than thirty (30) days’ notice of such variation. Employer acknowledges and agrees that it shall be deemed to have accepted any such variation by continuing to use the Services beyond the thirty (30) day notice period.

12.11 Rights and Remedies. The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

12.12 Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. If any provision or part-provision of these Terms is deemed deleted, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

12.13 Language. These Terms is drafted in the English language and the English language version shall prevail if there is a conflict with any translation.

12.14 No Partnership or Agency. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties. Each Party confirms it is acting on its own behalf and not for the benefit of any other person.

12.15 Further Assurance. Each Party shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these Terms.

12.16 Notices. Any notice given to a Party under or in connection with these Terms shall be in writing and shall be sent by email to an email address of the Party on record with the other Party.

12.17 Counterparts. These Terms may be executed in any number of counterparts, each of which shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

12.18 Governing Law. These Terms and any dispute or claim arising out of or in connection with or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales, unless prohibited by law in which case the Agreement shall be governed by the laws of the United Arab Emirates.

12.19 Jurisdiction. Each Party irrevocably agrees that the courts of Abu Dhabi Global Markets shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter.

13. Schedule 1 - To The Payroll Account Terms And Conditions

SERVICES: 

WPS

  1. Employer will provide a SIF and necessary funding to the Corporate Wallet to enable Botim Money to process the Employer’s payroll through WPS system.
  2. Botim Money will validate the SIF and fund and push the SIF to CBUAE for process payroll through WPS system.
  3. Based on the response from CBUAE, Botim Money will disburse the salary to Employee Salary Cards.
  4. Botim Money will update the status to the Employer after completing payroll process

NON-WPS

  1. Employer will provide a SIF and necessary funding to the Corporate Wallet to enable Botim Money to process the Employer’s payroll without reference to the WPS system.
  2. Botim Money will validate the SIF and fund and disburse the salary to the Employee Salary Cards.
  3. Botim Money will update the status to the Employer after completing payroll process.

SALARY CARDS

  1. Salary Cards are to be issued on the basis of the Employee’s personal details as provided to Botim Money by the Employer. The Employer shall be liable for the accuracy of any and all information provided by the Employer to Botim Money. It shall be the responsibility of the Employer to ensure that each Employee to notifies the Employer of any and all changes to their personal details, following which the Employer shall immediately notify Botim Money of any such changes to an Employee’s personal details.
  2. The Employer shall be solely responsible for undertaking the required levels of due diligence on all Employees applying for a Salary Card as stipulated by the CBUAE including, but not limited to, verifying the identity of any Employee applying for a Salary Card. The Employer shall provide all information that Botim Money requests, at Botim Money’s sole discretion, to carry out its internal compliance procedures and monitor the Employer’s adherence to its and the CBUAE’s policies, including without limitation, with respect to Botim Money’s “Know Your Client” procedures and anti-money laundering policies and procedures.
  3. The Employer understands and agrees that it shall be liable for any damages whatsoever suffered by Botim Money and Botim Money shall have no liability for any claims or damages whatsoever suffered by the Employer, the Employees or any Third Party, directly or indirectly, resulting from any inaccuracies in the Employee’s information provided by the Employer.
  4. The Employer acknowledges and agrees that the maximum balance for each Salary Card shall be in accordance with Botim Money’s internal policy and Applicable Law.
  5. Botim Money shall, at its sole discretion, have the right to reject any request for a Salary Card as submitted by the Employer, including but not limited to, for any Employee without stating the reason for such rejection. Additionally, Employees must be at least 18 years of age to be eligible for a Salary Card.
  6. The Salary Cards will be issued by Botim Money to the Employer who shall assign them among its Employees at the Employer’s own liability. Botim Money shall not be responsible for issuing Salary Cards to Employees.   The Employer shall inform Botim Money which Employees will be receiving Salary Disbursement to a Salary Card.
  7. Employee use of the Salary Cards shall be governed by the relevant provisions of the Platform Terms and Conditions.
  8. It is the responsibility of the Employer to educate each Employee on how to:
    1. use the Salary Cards;
    2. safeguard the Salary Cards and PIN; and
    3. ensure that the PIN is not disclosed to any person. It is understood and agreed upon that Botim Money shall not be liable for any damages whatsoever suffered by the Employer or any Employee, directly or indirectly, resulting from the misuse of a Salary Card or PIN, or the disclosure of the PIN to any Third Party by an Employee.
  9. The Salary Card is issued for use by Employees and cannot be transferred or sold by the Employer or an Employee to anyone else in any manner whatsoever.
  10. Botim Money’s record of the amount of any charge shall, in the absence of manifest error, be final and binding on the Employer and/or Employee and shall be conclusive in any case where payment has been effected. If there are any discrepancies in the fees or charges of a monthly invoice, this shall carry over and be debited or credited to the following month’s invoice.
  11. If the Employer terminates the employment of any Employee, the Employer shall promptly notify Botim Money of any such termination of employment. Botim Money shall cancel the Salary Card and any outstanding balance on the Salary Card shall be paid to the Employee.
  12. Botim Money reserves the right to cancel any Salary Card if any Salary Card is inactive for a period of more than twelve (12) months. In the event of cancellation of a Salary Card, pursuant to this clause, any outstanding balance on a Salary Card shall be retained by Botim Money, which can be claimed and retrieved by the Employee.
  13. Each Salary Card issued by Botim Money to Employees shall be the property of Botim Money and will have a unique card number and personal identification numberThe Employer shall be solely responsible and shall indemnify and hold harmless Botim Money from any losses, damages and claims related to misuse of Salary Cards by Employees whether intentionally or negligently.
  14. The Employer represents and warrants for the benefit of Botim Money that:
    1. Employees have received, read, and agreed to the Key Facts Statement and the Platform Terms and Conditions and provided express consent for the use of an Employee’s personal data in accordance with the Botim Money Privacy Policy in order to receive the Salary Card;
    2. the identification documents provided by Employees have been verified and the Employer has confirmed their accuracy and authenticity;
    3. that the Employer shall comply, and all of its obligations under the Agreement will be performed in accordance with Applicable Law; and
    4. Botim Money shall be entitled to treat instructions received from Authorised Signatories  as fully authorised by and binding upon the Employer, and Botim Money may take such steps deemed appropriate in connection with or in reliance upon such instructions.