Terms of Service

Last updated: 7th April 2020

General Terms

These Terms of Service set forth the terms and conditions and thereby the legal agreement that apply to your access and use of the Azucko.com and mobile App (“Azucko Services”) as owned and operated by Prima Finance Ltd trading as Azucko, incorporated and registered in the Republic of Ireland, company registration number 327668, whose registered office is at 77 New Street, Killarney, Co Kerry, Ireland, V93 YCY5. Except as otherwise specifically stated herein, Prima Finance Ltd and Azucko are collectively known as “Azucko.” Azucko’s Services are collectively the "Services". Salary Access, Bill Payment Services, Savings services, Bank Account services are provided by Prima Finance Ltd t/a Azucko which is an authorised and regulated Payment Institution by the Central Bank of Ireland.

These Terms of Service govern your use of all websites, devices or mobile applications that we (Azucko) operate, including any pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application (together, the “Platform”), and the services we provide through the Platform.

The use of the word "including" in these Terms of Service to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.

By accepting electronically (for example, clicking “I Agree”), installing the Azucko App, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and Azucko Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.

  1. Accepting the Terms
    By using the information, tools, features, software and functionality including content, updates and new releases provided by Azucko, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Azucko.com website), or a “Customer” (which means that you have registered for an account with us to use any one of our Services.) The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” refers to Azucko. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process. You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Azucko. For the avoidance of any doubt, if you do not wish to be bound by these terms of service, you may not access or use the platform.

    Azucko may modify this Terms of Service from time to time. Any and all changes to these
    Terms of Service will be posted on the Azucko.com Platform. The Terms of Service will
    always indicate the date it was last revised. In addition, we will send you an email informing you of any changes in the Terms of Service prior to posting those changes. When you use the
    Platform after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service. Before you continue, you should print or save a local copy of this Agreement for your records.

  2. Privacy and your Personal Information
    You can view the Azucko Privacy Statement here and on the Site for the Services. You agree to the applicable Azucko Privacy Statement, and any changes published by Azucko which is hereby incorporated into this Terms of Service. You agree that Azucko may use and maintain your data according to the Azucko’s Privacy Statement, as part of the Services. You give Azucko permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Azucko services. For example, this means that Azucko may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Azucko may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
  3. Description of the Services
    Azucko offers various tools and functions through the Platform that allow you, on your
    Account, to access and view your timesheets, worked hours and accrued but unpaid salary. On your Account, provided you are eligible, you can also request to withdraw sums from your Salary from Azucko, to the extent such portion of your Salary representing the withdrawal has been accrued but not yet paid by your employer (each a “Withdrawal”). “Salary” means the regular payments made by your employer to you, as its employee (each Salary payment date, a “Salary Day”). Your employer will assess, in its sole discretion, whether you are eligible to receive Withdrawals, and therefore to create an Account on the Platform. Azucko is under no obligation to approve your Account for Withdrawals, and can cancel your right to receive such Withdrawals and access your Account at any time, upon your employer’s request.

    If you are eligible to receive Withdrawals and/or any other Azucko fees, and subject to these Terms of Service, Azucko will pay you any applicable Withdrawals requested by you, and deduct the aggregate sum of such fees and Withdrawals Azucko has paid you from your Salary when it is paid by your employer on the next Salary Day following such Withdrawals (thereafter called your “Net Salary”). If the sum equal to the aggregate Withdrawals paid and requested is greater than the Salary to be paid by your employer on any relevant Salary Day, we will deduct any outstanding sums from your Salary on the Salary Day immediately following (and so on). Any such deductions will be made by Azucko in the following order of priority: (1) all applicable Withdrawals as chronologically withdrawn, and then only, (2) the applicable Fees in the same order.

    Typically, Azucko will pay you:

    • any Withdrawal the next business day following your request for such Withdrawal if submitted before 12 pm the previous business day; and
    • your Net Salary, the next business day of having received your Salary from your employer on/into the relevant Prima Finance Client Account.

    We, or your employer, may limit the total number of Withdrawals that you can request at any
    given time or over a period of time. We may refuse to permit Withdrawals, if we reasonably
    believe such refusal is necessary or advisable for legal or security reasons or to protect the Platform or Azucko.

    You warrant that the Withdrawals are just and due and that you have not received payment for the Withdrawals or any part of the Withdrawals. You further warrant that if you receive payment for the relevant Withdrawals, including by your employer, you will transfer those payments, or permit those payments to be transferred to Azucko.
    By signing up to receive Withdrawals, you authorize us to initiate credit entries to your bank
    account. You represent and warrant that you have the right to authorize us to route your Salary payments to a Prima Finance Ltd Client Account (“Client Account”) under
    these Terms of Service. You will indemnify and hold Azucko harmless from any claims by
    any other owner of the account. Azucko authorization to initiate credit entries to your bank
    account shall remain in full force and effect until total payment by Azucko of all outstanding
    Withdrawals and Net Salaries (as applicable) in accordance with these Terms of Service. If you wish to revoke your authorization, you may do so by contacting Support@Azucko.com.
    Please note that your revocation of authorization when transactions are pending could result in delays to your receipt of funds and additional charges owed by you to Azucko. You are responsible for any costs or damages related to the timing of authorization revocation in breach of this provision. Accurate records enable us to provide the Platform to you.

    The Azucko Service is also a personal finance information management service that allows you to consolidate and track your bank accounts and financial information. The Azucko Service is provided to you by Prima Finance Ltd t/a Azucko and is meant to provide you with your information to allow you to organize and manage your finances.

    The Azucko Services offers various tools and functions through the Sites including a personal information management service that allows you to consolidate and track certain personal information and bank accounts. It also includes a bill payment service that allows you to make payments to third parties as further described below. The Services may also present you information relating to third party products or services (“Azucko Offers”) that you may be interested in. The Services may also provide you general tips, recommendations and educational material.

    Azucko’s Financial wellness-credit score : For Azucko to provide this service, you agree that we may use and analyze your bank account information as follows: (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; (c) provide you with the Services; and (d) serve you targeted ads and other communication based on your information. Azucko may send you information via email, text or online display or other means of delivery in Azucko’s reasonable sole discretion. We may also aggregate and evaluate your information to do statistical analysis to provide historical or comparative information and to improve Azucko products and services. We will obtain your prior consent if we use your identifying information for any other purpose not expressly permitted under these Terms. You acknowledge that Azucko is not a credit repair company or similarly regulated organization under applicable laws, and does not provide credit repair services. Please refer to our Privacy Statement for more information.

    Azucko’s Bill Pay and Savings Services : Azucko is an authorised and regulated Payment Institution by the Central Bank of Ireland and therefor is licenced to provide the bill payment service throughout the European Union that allows you to make payments to bill payment providers or transfer an amount specified by you and enable Azucko deduct this specified amount from your monthly income into another one of your personal bank accounts.

    You understand and acknowledge that our bill payment service is provided for individual consumer use only, and may not be used to make payments on behalf of a company, business/commercial enterprise, or another person. You further agree that you will only use the service to send bill payments on your own behalf and will not use the Bill Payment Services as an agent, guardian, conservator or guarantor for any other person or entity.

    By initiating a payment through the Bill Payment Services or the Savings service, you authorize Azucko to deduct the specified amount that you designate from your net monthly salary as paid by your employer. You are responsible for confirming the accuracy of the information you provide about each payment you send. Azucko may refuse to permit payment to any Payee if we reasonably believe such refusal is necessary or advisable for legal or security reasons. Azucko reserves the right to select the method in which to remit funds on your behalf, and the method to return funds to you. When you send a payment via the Azucko’s Bill Payment Services, the Payee is not required to accept it. You also understand that Payees, payment processors, or the mail/package delivery service providers may return payments to the Bill Payment Services for various reasons. You agree that you will not hold Azucko liable for any damages resulting from a Payee not receiving payment made through the Bill Payment Services for any reason. You are responsible for reconciling your Account(s) and reviewing the status of the payments. If we are unable to complete a payment for any reason, we may, in a method of our choosing and at our sole discretion, provide you with notice. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited or denied payments to you, or use other reasonable efforts to return such payment to you as permitted by law.

    Additionally, you agree that Azucko may: (a) reverse any corresponding credit or direct deposits issued to you; (b) reverse any payments Azucko made to your Payee; (c) apply any money currently held by Azucko to any amount owed to us; and (d) initiate electronic fund transfer from your account to collect any unpaid amounts and our fees.

    If Azucko is not able to recover all amounts owed to us, we may report this information to third parties, including consumer reporting agencies and financial institutions. Azucko reserves all rights to pursue all available legal remedies to recover all owed amounts.

    In the event that you are liable for any amounts owed to Azucko for a payment you authorized through the Bill Payment Services, Azucko may immediately remove such amounts from your next salary.

    As permitted, you may cancel, edit, or stop a payment prior to the pay date by following the directions within the Edit-cancel section of the Bill Payment Service. Our ability to stop a payment request will depend on the manner in which the payment was initiated, the method of payment, and whether or not the Payee has begun processing payment. Although we will make every reasonable effort to accommodate a stop payment request, we will have no liability for failing to do so unless there is an exception provided elsewhere in this Agreement. We may also require you to present your stop payment request in writing after contacting customer care.

    Payment Processing Delays and Protection for Late Fees.
    You acknowledge that some transactions may take longer to be credited to your account with the applicable Payee due to circumstances beyond Azucko’s control, such as delays in handling and processing payments by Payees or financial institutions or errors with account information or funding instructions. When you send a payment to certain Payees, the payment may be treated as an authorization to the Payee to process your payment and complete the transaction. Some Payees may delay processing your payment, in which case the payment may be held as pending until the Payee processes your payment and your payment authorization will remain valid for up to 30 days.

    Subject to the other provisions of this Agreement, Azucko will bear responsibility for any satisfactorily documented late payment related charges up to a reasonable amount, not to exceed €50/£50 in the event a payment posts after its due date provided that (i) the payment was submitted by you for payment in accordance with the guidelines specified in this Section and (ii) the Bill Payment Services issued you a confirmation number for a payment, unless we are not responsible to you for one of the reasons listed in this section or below under "Protection for Azucko Errors." this is Azucko’s only obligation to you for any payment errors, delays, or failure. If you do not follow these rules or if you do not allow enough time to complete a payment, you alone are responsible for any penalties or late charges on that payment.

    It is your responsibility to review all payment transactions initiated in the Bill Payment Services against account statements you receive from your bank or other financial institution. Your payment transaction information is included in the receipts we provide you. All questions about transactions made through the bill payment services must be directed to Azucko and not to the bank or other financial institution where you have your account. We are responsible for our Bill Payment Services and for resolving any errors we caused.

    Protection for Azucko Errors.
    Azucko will use commercially reasonable efforts to facilitate the payment of your bills in accordance with this Agreement. However, Azucko will not be liable, for instance:

    • if, through no fault of ours, you do not have enough money in your salary to make the transfer;
    • the payment is rejected, returned, mishandled, or delayed by the Payee for any reason;
    • you have provided Azucko with incorrect information about the Payee;
    • there is a delay in receiving your monthly salary from your employer;
    • due to any pre-announced unavailability of the Bill Payment Services;
    • due to fraud or attacks on our systems, service or the Bill Payment Services;
    • due to third party service providers; or
    • due to circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays, or any failure by your computer, software, or Internet connection).

    Risk Monitoring; Unusual or Suspicious Transactions
     In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the Bill Payment Services. If Azucko believes there is suspicious or unusual activity, Azucko may temporarily suspend your access to Bill Payment Services. Suspicious or unusual activity includes, but is not limited to, changes in your average transaction amount or processing pattern or use of different payment accounts. Azucko may require additional documentation to promptly reinstate your access to the Bill Payment Services.

    Termination
    Azucko may terminate or suspend your access to the Bill Payment Services at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. In the event you or Azucko terminates your account, any payment(s) Azucko has already processed before the requested termination date may be completed. You should verify payment directly with your intended Payee. Azucko is not responsible for any payments not completed by us as a result of termination.

  4. Account Information from Third Party Sites
    Users may retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Azucko works with one or more online service providers to access this Account Information. Azucko does not review the Account Information for accuracy, legality or non-infringement. Azucko is not responsible for the Account Information or products and services offered by or on third-party sites.

    Azucko cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Azucko cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.

    The Platform may contain links to third-party websites and services, and/or display content or
    advertisements for third parties (collectively, “Third-Party Links & Content”). Where the Platform contains links to Third-Party Links & Content, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Azucko does not review, approve, endorse or make any promises with respect to Third-Party Links & Content. You use all Third-Party Links & Content at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Content, the applicable third party’s terms and policies apply, not these Terms of Service.

    Azucko is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Azucko does not guarantee that these other service terms, rates or rewards offered by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Information in the Azucko Offers are provided by the third parties, and any offer is subject to the third parties’ review of your information. Azucko may receive compensation from third parties which may impact the placement and availability of the Azucko Offers. If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy.

  5. Your Registration Information and Electronic Communications
    In order to use the Platform, you must activate the account that has been set up for you by your employer (“Account”) and provide certain information about yourself as prompted by the account verification form you will access through the link sent to your email address by Azucko.

    In addition, you will need to sign up for an account with Azucko. We are obliged to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your tax number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Azucko cannot verify your identity, we can refuse to allow you to use the Services.

    You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID, PINs, e-mail address, allows you to access the Sites. That LoginID, password and PIN together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.

    You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law. If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Azucko immediately at the email address - security@azucko.com.

    If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, or that an Unauthorized Transfer (see Bill Payment Services below) has occurred, you must notify us immediately in order to minimize your possible losses. Subject to payment of all applicable outstanding Withdrawals and Net Salary (defined below), you can de-activate your Account at any time, for any reason, by following the instructions on the Platform.

  6. Your Use of the Services
    Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Azucko to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

    Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Azucko, in its sole discretion, may elect to take. In no event will Azucko be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

    Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Azucko to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

    From time to time, Azucko may include new and/or updated pre-release features and trial use (“New” features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of such new features is voluntary and Azucko is not obligated to provide you with any New features. You acknowledge and agree that all use of any existing and new features is at your sole risk.

    Azucko grants you a licence to use and access the Platform on the basis that this licence is:
    (a) not a commercial licence – you can only access and use the Platform for
    your own personal, non-commercial uses (i.e. not for your business);
    (b) non-transferable – you can’t pass this right to someone else;
    (c) non-exclusive – other people can’t access and use the Platform;
    (d) revocable – we have the right to remove your ability to use the Platform in
    accordance with these Terms of Service; and
    (e) limited – the licence does not extend beyond what has just been described above.

  7. Use With Your Mobile Device
    Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. Azucko makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
  8. Online and Mobile Alerts
    Azucko may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

    You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Azucko may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Azucko shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

    Electronic alerts will be sent to the email address or mobile number you have provided for the Services. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.

    Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

  9. Rights You Grant to Us
    By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Azucko through the Services, you are licensing that content to Azucko for the purpose of providing the Services. Azucko may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to Azucko for use for this purpose, without any obligation by Azucko to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Azucko to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the “Add Accounts” feature of the Services, you will be directly connected to the website for the third party you have identified. Azucko will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Azucko to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Azucko a limited power of attorney, and appoint Azucko as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when Azucko is accessing and retrieving account information from third party sites, Azucko is acting as your agent, and not as the agent of or on behalf of the third party that operates the third party site. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Azucko is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

    By activating your Account, you consent to your employer sharing employment data required for us to perform our obligations under these Terms of Service and the service you have requested, including provide you with Withdrawals. This includes but is not limited to (i) name, (ii) employee identification number, (iii) tax number (iv) contact information (email and/or mobile phone number), (iv) gross and net pay, (v) bank account and routing number for purposes of payment remittance.

    If you request to be eligible for Withdrawals, you consent to the Prima Finance Client Account being the account of record in your employer’s payroll system. This consent shall remain in full force and effect, despite termination of these Terms of Service or your Account, until total payment by Azucko of all outstanding Withdrawals and Net Salaries (as applicable) in accordance with these Terms of Service. For the avoidance of doubt, all net pay from the employer will be remitted via the Prima Finance Client Account for purposes of direct deposit on the scheduled Salary Day.

  10. Azucko's Intellectual Property Rights
    The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos, trade names or trade logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) are owned exclusively by Azucko and other material are protected under Irish, European Union and Great Britain and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Prima Finance Ltd t/a Azucko or its software or content suppliers. Azucko grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

    Neither these Terms of Service, nor your access to the Platform, transfers to you or
    any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in the above section on “Access to the Platform”. There are no implied licences granted under these Terms.

  11. Accesss and Interference
    As a condition of your use of the Platform, you represent and warrant to Azucko that you
    will not use the Platform for any purpose that is unlawful or prohibited by these Terms of Service.

    You agree that you will not:

    • license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit
      the Platform, whether in whole or in part, or any content displayed on the Platform
    • use the Platform in any manner that could damage, disable, overburden, or impair the
      Platform, or servers or networks connected to the Platform, or violate the regulations,
      policies or procedures of such networks;
    • obtain or attempt to obtain any materials or information through any means not intentionally
      made available or provided for through the Platform;
    • upload, transmit, or distribute to or through the Platform any computer viruses, worms, or
      any software intended to damage or alter a computer system or data;
    • access the Platform by any means other than through the interface that is provided by
      Azucko for use in accessing the Platform;
    • use or attempt to use any engine, software, tool, agent, or other device or mechanism
      (including without limitation browsers, spiders, robots, avatars or intelligent agents) to
      navigate or search the Platform;
    • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software
      comprising or in any way making up a part of the Platform; or
    • you shall not access the Platform in order to build a similar or competitive website, product,
      or service.

    Unless otherwise indicated, any future release, update, or other addition to functionality or
    content of the Platform shall be subject to these Terms of Service. All copyright and other
    proprietary notices on the Platform (or on any content displayed on the Platform) must be
    retained on all copies thereof.

    If Azucko, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect Azucko, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:

    • we may update inaccurate information you provided us;
    • we may refuse to allow you to use the Platform or related services in the future;
    • we may report you to law enforcement authorities;
    • we may take legal action against you; and
    • we may hold you liable to Azucko for the amount of Azucko’s damages caused by
      your violation of these Terms of Service.
  12. Disclaimer of Representations and Warranties
    The sites, services, information, data, features, and all content and all services and products associated with the services or provided through the services (whether or not sponsored) are provided to you on an “as-is” and “as available” basis. Azucko, its affiliates, and its third party providers, licensors, distributors or suppliers (collectively, "suppliers") make no representations or warranties of any kind, express or implied, as to the content or operation of the site or of the services. You expressly agree that your use of the services is at your sole risk.

    Neither Azucko or its suppliers make any representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the sites or of the services (whether or not sponsored), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. Neither Azucko or its supliers make any representation, warranty or guarantee that the content that may be available through the services is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitously intercept or expropriate any system, data or personal information.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions liability is limited to the extent permitted by law.

    Azucko is not responsible or liable for:

    • any delays in payment due or related to the intervention of any third party (including any
      delays caused by banks, failures or errors in payment or communications systems other
      than the Platform itself, or for regulatory purposes);
    • any delays in payment due or related to the occurrence of an administrative or technical
      error, or an event, which results in disruption (of a technical or system-related nature) to
      Azucko’s treasury or payment operations preventing Azucko from performing its
      payment obligations under the Terms of Service, or from communicating with you in
      accordance with these Terms of Service, and which is not caused by, and is beyond the
      control of, Azucko; and/or
    • your employer’s timely and accurate payment of your Salary, including the accuracy of
      the Salary paid either to you directly, or to the Prima Finance Client Account in the event you
      are eligible for Withdrawals.
  13. Not a Financial Planner, Broker or Tax Advisor
    Neither Azucko nor the services are intended to provide legal, tax or financial advice. Azucko is not a financial planner, broker or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

    To the extent you use a Platform for banking or other financial services, the Platform is intended only to assist you in your financial organization and decision-making and is broad in scope. Any information made available through the Platform will only reflect the information that was most recently uploaded to the Platform by your employer, and as such, may not reflect activity that occurred after your employer’s last update of the Platform or any pending transactions. Please contact your employer in case of inaccuracy of any information made available through the Platform, including information related to worked hours and Salary.

  14. Limitations on Liability
    Azucko shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your access to the sites, your use of the services, the sites or this agreement, even if Azucko has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this agreement, Azucko’s liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to a maximum of €500/£500 (five hundred Euros or pounds Sterling). We will not be responsible for any loss or damage incurred as a result of unauthorised access to your Account which is not within our reasonable control, including where you fail to comply with these Terms of Service.
  15. Term and Termination with Azucko
    Subject to this section “Term and Termination with Azucko”, these Terms will remain in full force and effect while you use the Platform. Azucko, in its sole discretion, reserves the right to suspend or terminate your rights to use the Platform (including your Account), for any reason (including any use of the Platform in violation of these Terms of Service) and at any time, with or without notice to you. Upon termination of your rights under these Terms of Service, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account may involve deletion of the Registration Information associated with your Account from our live databases.

    Even after your rights under these Terms of Service are terminated, Azucko authorization
    to initiate credit entries to your bank account, and your consent to the Prima Finance Client Account being the account of record in your employer’s payroll system, shall remain in full force and effect until total payment by Azucko of all outstanding Withdrawals and Net Salaries (as applicable) in accordance with these Terms of Service. Even after your rights under these Terms of Service are terminated, the following provisions of these Terms of Service will remain in effect: “No Unlawful or Prohibited Use”, “Modification to
    Platform or Related Services”, “Azucko’s Intellectual Property Rights”, “Disclaimer”,
    “Limitation of Liability”, “Term and Termination with Azucko”, “Governing Law & Forum for Disputes” and “Miscellaneous”. Termination or suspension of any part of the services provided on or in relation to the Platform, or of these Terms of Service, will not affect relevant payment of Withdrawals requested and corresponding Net Salaries (as applicable), in accordance with the terms of these Terms of Service.

  16. Modifications
    Azucko reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Azucko reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Azucko Services, Azucko will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Azucko shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

    Azucko may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.

  17. Governing Law and Forum for Disputes
    These Terms of Service are governed by Irish law and we both agree to submit to the non-exclusive jurisdiction of the Irish courts.
  18. Appstore Terms also Apply
    Your use of any application we provide is also controlled by the Apple Media Services Terms and Conditions / Android Appstore Terms and Conditions for your applicable jurisdiction, available here: http://www.apple.com/legal/internet-services/itunes/ and here:
    https://play.google.com/intl/en_uk/about/play-terms.html
  19. Operating System Requirements
    To ensure the safety and privacy of your data, all communications are securely encrypted.
    Therefore, any mobile application we provide requires either (a) an iOS device running iOS 11.0 or higher, or (b) an Android device running Android 7.0 or higher, and any website we provide requires a web browser with support for TLS v1.2, such as Google Chrome 30+, Mozilla Firefox 27+, Microsoft IE 11+, or Apple Safari 7+.
  20. Fees
    “Fees” means the fixed sum in Euros or Pounds Sterling applicable to each Withdrawal paid by Azucko to you, as agreed by your employer with Azucko from time to time. “Fees” also mean other fees charged for other services offered on the Azucko platform, e.g. Bill payment services, Savings services, Car value and history report services. All associated fees are clearly set out in advance of using any of the services available on the Azucko platform.

    You will pay Azucko the Fees for each separate salary Withdrawal paid to you by Azucko or any other services availed off where there are associated fees. Azucko will deduce any aggregate Fees due from your Salary on the Salary Day closest to such Withdrawals or the use of these other fee charging services. Other than as set out in these Terms of Service, there are no set-up, enrolment or Account creation fees and no termination fees.

  21. Miscellaneous
    If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from these Terms of Service.
    You agree that if Azucko does not exercise or enforce any legal right or remedy which is
    contained in these Terms of Service (or which Azucko has the benefit of under any
    applicable law), this will not be taken to be a formal waiver of Azucko’s rights and that those
    rights or remedies will still be available to Azucko. We may transfer our rights and obligations under these Terms of Service to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms of Service. These Terms of Service are between you and us. No other person shall have any rights to enforce any of their terms.
    Copyright © 2020 Prima Finance Ltd t/a Azucko. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.