Important - Please read these Terms and Conditions before using this Service. By selecting “Agree”, you acknowledge that you have read, understood and agreed to these Terms and Conditions, and that these Terms and Conditions shall be legally binding upon you so long as you are using the Service, Application, or Software. If you do not agree to the Terms and Conditions, please discontinue the usage of the Service, Application, and Software immediately.

This Service is made available by Paywatch Vietnam (“Paywatch”) in accordance with and subject to the terms and conditions as stated herein (“Terms and Conditions”).

1. Definitions

In these Terms and Conditions, unless the context otherwise requires: 

1.1.        “Account” has the meaning ascribed to it in Clause 4.1.

1.2.        “Application” means any application provided by Paywatch through which the Service is made available, including any updates, upgrades, modifications, or successor versions thereof from time to time.

1.3.        “Basic Personal Data” means the data listed in paragraph (a) of Clause 16.2.

1.4.        “Earned Wage” refers to the Employee’s salary/wage and/or benefit which already accrued for services already rendered, but which salary, wage, and/or benefit has yet to be paid as of the date of Withdrawal.

1.5.        “Earned Wage Receivables” means the Employee’s monetary claim and payment of the Employee’s Earned Wages, and the obligations of the Employer to pay such wage payables.

1.6.        “Earned Wage Access” or the “Service” means the earned wage access service provided by Paywatch, which enables the Employee to access advance payment(s) of a portion of the Employee’s Earned Wage prior to the Salary Disbursement Date.

1.7.        “Employee” means any natural person who currently has a valid Employment Contract with the Employer.

1.8.        “Employee Information” means the valid information with respect to the Employee, including:

(a)           identification information: name, gender, date of birth, phone number, email address, identification number, and employee identification number;

(b)           income information: current and updated gross and net pay entitlements, bonuses, allowances, salary account information (including account number and bank name), and salary advance limit;

(c)           employment information: working days, working hours, and length of service; and

(d)           any fact or matter that will or might bring the Employee’s employment to an end, such as the giving of notice to terminate the Employment Contract.

The Employee can update his/her information during the use of the Service, except for the information set out in paragraphs (b), (c) and (d) above, which may only be provided or updated by the Employer. If you believe that any such information is inaccurate or incomplete, you may request its correction through the Employer or by contacting Paywatch at support@paywatchglobal.com.

1.9.        “Employer” means any legal person that has entered into an agreement with Paywatch for the provision of the Service to its Employee(s).

1.10.     “Fee” has the meaning ascribed to it in Clause 8.3.

1.11.     “Employment Contract” has the meaning as defined in the Labor Code No. 45/2019/QH14 enacted by the National Assembly on November 20, 2019, as amended or supplemented from time to time, and includes any implementing regulations, decrees, circulars, or successor legislation effectively enacted in Vietnam from time to time.

1.12.     “Intellectual Property Rights” has the meaning as defined in Law on Intellectual Property No. 50/2005/QH11 enacted by the National Assembly on November 29, 2005, as amended or supplemented from time to time, and includes any implementing regulations, decrees, circulars, or successor legislation effectively enacted in Vietnam from time to time.

1.13.     “Other Deductions” has the meaning ascribed to it in Clause 9.1.

1.14.     “Other Services” has the meaning ascribed to it in Clause 9.3.

1.15.     “Net Salary” has the meaning ascribed to it in Clause 9.1.

1.16.     “Party” means any of the parties to these Terms and Conditions, collectively, the “Parties”.

1.17.     “Payroll Cycle” means a period during which the Employee’s working time is recorded by the Employer, commencing on the first timekeeping date of a month and ending on the last timekeeping date of such month, provided that such period shall not exceed 31 days.

1.18.     “Personal Data” has the meaning ascribed to it in Clause 16.2.

1.19.     “Platform” means the Paywatch application, web portal, and other systems developed and operated by Paywatch, which has the Service.

1.20.     “Salary” has the meaning ascribed to it in Clause 9.1.

1.21.     “Salary Disbursement Date” means a day on which the Employer pays salary to the Employee.

1.22.     “Sensitive Personal Data” means the data listed in paragraph (b) of Clause 16.2.

1.23.     “Software” means any software, program, code, or other software component supplied or made available by Paywatch for use in connection with the Application or the Service, including any updates, upgrades, modifications, or successor versions thereof from time to time.

1.24.     “Withdrawal” means the payment of a portion of the Earned Wage to an Employee upon the Employee’s request through the Platform.

1.25.     “Working Day” means a day that is not a Saturday, Sunday, or a public holiday as prescribed by law.

2. Interpretations

2.1.        Any reference to “you”, “your” or the “Employee” means the person registering for and/or using the Service, Application, or Software.

2.2.        Any reference to “we”, “us”, “our”, or “Paywatch” means Paywatch Vietnam

2.3.        Words importing the singular include the plural and vice versa; words importing any gender include every gender.

2.4.        Clause headings are for convenience of reference only and shall not affect the interpretation of these Terms and Conditions.

2.5.        Any reference in these Terms and Conditions to a statute or statutory provision shall include that statute or statutory provision and any regulations made in pursuance thereof as from time to time modified, supplemented, consolidated or re-enacted.

2.6.        References in these Terms and Conditions to any agreement or document including these Terms and Conditions shall include such agreement or document as from time to time amended, modified, varied, novated, supplemented or replaced, unless the context shall otherwise require.

3. Eligibility

3.1.        To use the Service, you must meet the following requirements:

(a)           You are an Employee with a valid Employment Contract;

(b)           You have a bank account as prescribed in Clause 8.5 to receive the Withdrawals;

(c)           You have accepted these Terms and Conditions; and

(d)           Other requirements as required by Paywatch from time to time and notified to you via the Application in advance.

3.2.        If you do not meet, or cease to meet, any of the requirements set out in Clause 3.1, Paywatch may suspend or terminate your use of the Service (or any part thereof) and your access to the Account in accordance with Clause 17.

4. Registration Information and Account

4.1.        In order to access information, products, services, and features offered through the Service, you are required to register for and create an account (“Account”) through Paywatch’s Platform. Upon activation of your Account, you will be able to log in to see your registration information and have access to a ledger of payment transactions.

4.2.        You will also be required to create a 6-digit PIN. You bear the sole responsibility to maintain the confidentiality of your 6-digit PIN and for all usage or activity on your Account, including the use of your Account by any person using your 6-digit PIN.

4.3.        In order to register for and activate an Account, you must provide us with the Employee Information. In providing us with the Employee Information, you agree to:

(a)           provide true, accurate, current and complete information about yourself as prompted by the Service’s enrollment process or other areas of the Service; and

(b)           continuously maintain and promptly update such information (or, in respect of the information set out in paragraphs (b), (c) and (d) of Clause 1.8, promptly request your Employer to update it) to keep it true, accurate, current, and complete.

We are under no obligation, whether express or implied, to verify the accuracy and authenticity of any information provided by you. We will not be liable or responsible in the event it is discovered that your information has been falsified, entered wrongly, is incomplete or out-of-date. We have the right to suspend or terminate your Account and refuse any and all current or future use of the Platform and/or Service (or any portion thereof) without notice to you if you provide us with any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to believe that you have provided any information that is untrue, inaccurate, not updated or incomplete.

4.4.        If you believe or suspect that:

(a)           your login ID or 6-digit PIN has been lost or stolen;

(b)           a device that you use to access the Platform has been lost or stolen; or

(c)           someone else has accessed your Account,

you are responsible to inform us immediately, through the Platform or by sending an email to support@paywatchglobal.com.

5. Use of Paywatch

5.1.        If you register for and activate a Paywatch Account, you will be able to utilize the Application to view your accumulated earnings (calculated automatically based on the information provided by your Employer),  and to make a Withdrawal request. Any working hours, earnings or other tracking functions are services provided as a convenience and do not reflect your actual earnings or serve as a calculation of your payroll from any of your employment. Any disputes about work hours or amount of work performed, or earnings provided should be referred to your Employer directly.

6. Employment binding

6.1.        As part of the employment binding process, your Employer may be required to disclose your Employee Information to us. By accepting these Terms and Conditions, you hereby provide consent to and authorize your Employer, or any of its affiliates, to share your Employee Information (other than Sensitive Personal Data) for the registration and account creation process. Your Employer will only share Employee Information constituting Sensitive Personal Data (including the income information set out in Clause 1.8(b)) with us after you have given your separate consent in accordance with Clause 16.2(b).

6.2.        If applicable, you will also be asked to provide us with additional information related to your current employment.

6.3.        Your use of the Service is subject to the approval of your Employer.

7. Check in process

7.1.        Depending on the type of employment and the Employer, some Employers may require you to use the check in/check out functionality on our Application. You may be required to check in – at the start of a session and check out – at the end of the day to clock out, in order to track your earnings on the Application. By accepting these Terms and Conditions, you agree for us to automatically collect the information set out in paragraph (a) below. The information set out in paragraph (b) below constitutes Sensitive Personal Data and will only be collected if you have given your separate consent in accordance with Clause 16.2(b). The information we collect includes:

(a)           Device Information:

We collect information about the mobile device you use to access our services, including the hardware model, operating system and version, unique device identifiers and mobile network information.

(b)           Location Information:

We collect information about the location of your device each time you access or use our mobile applications or other location aware software connected to our services or otherwise consent to the collection of this information.

7.2.     For those Employers who do not require check in and check out function, your earnings will be accumulated automatically and displayed in the app on the following day. 

8. Earned Wage Access Service

8.1.        If you make a Withdrawal request of your Earned Wages (“EWA”) through Paywatch Earned Wage Access, you agree to assign the applicable Earned Wage Receivables to Paywatch. For the avoidance of doubt, the Withdrawal will constitute a payment of a proportion of your Earned Wageahead of time.

8.2.        Each time you submit a Withdrawal request, you represent and warrant that you remain actively employed under a valid Employment Contract and that you have not resigned, given or received notice of termination, been dismissed or suspended, and are not subject to any disciplinary or other process that may affect the payment of your salary. Paywatch may rely on this representation in granting each Withdrawal and may reject the request or recall the Withdrawal if the representation is or becomes untrue.

8.3.        Each time your Withdrawal request is processed, and the Withdrawal is granted, we will charge you a transaction fee or subscription fee (the “Fee”); provided that any such Fee may be waived by Paywatch at its sole discretion. Our Fee may vary over time and will be settled at the end of your Payroll Cycle or settled upfront during the Withdrawal request.

8.4.        Paywatch reserves the right to accept or reject your Withdrawal request at its sole discretion. Paywatch will not accept a Withdrawal request if:

(a)           you make it within the withdrawal freeze period as specified by your Employer;

(b)           the amount you have requested for is more than the limits imposed; or

(c)           your Employer has reached the maximum cap for Withdrawal amount for the calendar month. Such maximum cap shall be determined by Paywatch at its sole discretion.

8.5.        The Withdrawal may be credited to a designated account in your name with a licensed onshore bank in Vietnam, the details of which shall be notified to the Employer via the provisions of the Application.

9. Repayment & Other Services

9.1.        If you have submitted a Withdrawal request and received the Withdrawal, you understand and accept that:

(a)           on your next Salary Disbursement Date, you will receive your salary for the relevant Payroll Cycle (“Salary”), less the Withdrawal(s) made during that Payroll Cycle and less any deductions for Other Services (“Other Deductions”) you have agreed to enroll in on the Application (your salary, less the Withdrawal(s) and Other Deductions shall mean “Net Salary”); and

(b)           if the aggregate value of the Withdrawals and Fees is equal to or greater than your Net Salary, you will not be paid anything on your next Salary Disbursement Date and, on the Salary Disbursement Date after that, you will receive a payment that is less the carried-over outstanding balance (if any).

9.2.        Paywatch reserves the right to suspend your right to use the Earned Wage Access, other features in the Application and reject any Withdrawal request you have made, should you have any carried-over outstanding balance. You will only be able to continue using the Paywatch Earned Wage Access services after any outstanding balances have been repaid fully.

9.3.        Paywatch and/or its partners and/or third-party service providers may offer other services and products to you on the Application (“Other Services”), which you may enroll in at your discretion. Subject to the terms and conditions of the Other Services, the payment for the Other Services may be deducted in accordance with Clause 9.1 and you agree and consent to such deductions.

9.4.        We have a legal obligation to verify your identity and may ask you to provide information and/or documents to confirm that you made a Withdrawal request. You agree to provide accurate and complete information to Paywatch and inform Paywatch immediately of any changes in any particulars of your Personal Data. You also give us permission to make reasonable inquiries with your Employer and third parties, for the same reasons. These inquiries may include:

(a)           asking for your taxpayer identification number; and/or

(b)           verifying the information you give us using third-party databases and other sources. You also consent to your Employer providing this information as reasonably requested by us for the purpose of these inquiries. If you are unable to provide supporting information and/or documents for the purpose of verification of your identity, we may suspend or terminate your use of the Platform. You hereby acknowledge that your name, e-mail address and mobile number, and such other Personal Data may be made available by Paywatch to another third party for verification or other lawful purposes as provided in Clause 16.3.

9.5.        You shall only be entitled to register for one (1) Account, and are required to register your Account on your personal device. For the avoidance of doubt, each mobile number and email address can only be used for one (1) Account.

9.6.        You shall not register the Account with false information. If Paywatch discovers that you are impersonating another individual or another legal entity, Paywatch may immediately terminate the Account and report such fraudulent activity to the relevant authorities.

9.7.        You shall, at all times, be solely responsible to keep confidential and safeguard your Account details. You shall not disclose your login credentials and/or security credentials to any person. If you input the wrong credentials 5 consecutive times, it will result in a temporary suspension of login access to your account, which will be lifted once the required cooldown period has ended. You shall be solely responsible and liable for any use and misuse of your Account and all activities that occur under your Account.

9.8.        The Account is neither transferable nor assignable to any third party and shall be exclusively used by you. The Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever.

9.9.        By registering for the Account, you authorise Paywatch to rely and act upon all communications and instructions given by you. The transactions carried out are not always simultaneous with any instructions given at any time. Although the Account and/or Service is accessible outside any Working Days, certain instructions may only be processed on a Working Day.

9.10.     You may view your transaction history up to the previous ninety (90) days by logging into the Application. You are advised to regularly log in to the Application to review your transaction history and to make sure that there have not been any unauthorised transactions. Upon receipt of your written request, Paywatch will provide you with statements of accounts, records and details of your transactions, dated not more than three (3) months from the request date.

9.11.     Notwithstanding clauses contained in these Terms and Conditions, Paywatch may reject any of your instructions relating to the use of the Service or any transaction and terminate your Account immediately, if:

(a)           you are in breach of any of the terms and conditions herein mentioned; or

(b)           Paywatch suspects the instructions may be fraudulently issued or determines that the use of the Service poses a direct or indirect risk to the Application.

9.12.     If your mobile device does not support the relevant technology, you may not be able to use the Service (or any part thereof) or access Paywatch’s website or any part thereof.

9.13.     You shall not be entitled to receive any interest or other profits in any way whatsoever in relation to the Service.

10. Fees and Charges

10.1.     In order to access our services, there will be a subscription or transaction fee involved, provided that any such fees may be waived by Paywatch at its sole discretion. Our transaction fee or subscription fee may vary over time and will be settled at the end of your Payroll Cycle or settled upfront during the Withdrawal process. The applicable fees (including the fee amount or rate, and when and how they will be charged) will be clearly displayed on the Application, and you will be required to review and confirm such fees before submitting each Withdrawal request. No fee will be charged in respect of a Withdrawal unless it has been displayed to and confirmed by you in accordance with this Clause 10.1. Any change to the fees will be notified to you via the Application before it takes effect.

11. Legal Nature of the Service

11.1.    In registering and using the Service, you hereby agree that the Service is not a moneylending service and that any money paid to you is not a loan.

11.2.    You acknowledge and understand that these Terms and Conditions do not constitute any financial service, but rather an assignment agreement under which you agree to assign to us the applicable Earned Wage Receivables, with your Employer as the obligor.

11.3.    You acknowledge and agree that Paywatch is not a credit institution and does not carry on any banking, lending, credit-granting or factoring business, and that the Service does not constitute the extension of credit or any other activity requiring a licence under the laws of Vietnam. The Service is a technology and administrative service that enables you to access a portion of your Earned Wage that has already accrued for services already rendered.

11.4.    The Fee is charged solely as consideration for the technology and administrative services provided by Paywatch and does not constitute interest, a finance charge, a discount on the Earned Wage Receivables, or any cost of credit. Paywatch does not purchase the Earned Wage Receivables at a discount, and the amount of each Withdrawal represents the portion of your Earned Wage accessed ahead of time, without any deduction other than the Fee (if settled upfront).

11.5.    You represent and warrant that each Earned Wage in respect of which you make a Withdrawal request has genuinely accrued to you for services already rendered, is free from any encumbrance, and has not been assigned, charged or otherwise dealt with in favour of any other person.

11.6.    If any provision of these Terms and Conditions would cause the Service to be characterised as factoring, moneylending or any other regulated credit activity under the laws of Vietnam, that provision shall, to the maximum extent permitted by law, be read down or modified to the minimum extent necessary to avoid such characterisation while preserving the commercial intent of the Parties.

12. Features

12.1.     The Service is an earned wage access solution that allows all Employees of eligible Employers under Paywatch’s panel to submit a Withdrawal request to withdraw up to 50% of their earned salary at the point of withdrawal (subject to Clause 8.4 and the Employer).

12.2.     The requested and approved Withdrawal amount shall be credited to your designated deposit account as specified in Clause 8.5.

12.3.     The minimum and maximum Withdrawal amount per transaction may be varied by Paywatch from time to time with notice.

13. Payment

13.1.     On your Salary Disbursement Date, you agree that your Employer will, without further notice to you:

(a)           deduct the monthly Withdrawal(s) disbursed to you in accordance with these Terms and Conditions from your monthly Salary;

(b)           remit the amount to be deducted (including any Other Deductions) from the Salary to Paywatch or any third party appointed by Paywatch; and

(c)           remit the Net Salary to you.

13.2.     In the event your Employer fails to repay any Withdrawal to Paywatch, you agree to repay Paywatch such amount within thirty (30) days from your last Salary Disbursement Date.

13.3.     If the Withdrawal is not repaid when demanded, your future Withdrawal requests will be suspended by Paywatch without notice. You undertake to make satisfactory arrangements for repayments of such amount in accordance with these Terms and Conditions in any given circumstances.

13.4.     Upon the termination or cessation of your employment with the Employer for any reason, all outstanding Withdrawals and Fees shall become immediately due and payable. To the extent permitted by applicable law, you authorize your Employer to deduct such amounts from your final salary or any other amounts payable to you by the Employer and to remit them to Paywatch, and Paywatch may set off any amount owed by you against any amount payable by Paywatch to you.

14. Default

14.1.     The Withdrawals that have been disbursed are repayable on your Salary Disbursement Date or upon receipt of a repayment notice from Paywatch. Without prejudice to Paywatch’s right to recall the repayment of the Withdrawals that have been disbursed on demand, Paywatch shall have the right, with notice to the Employer, to recall the Withdrawals on demand, and/or demand full payment within seven (7) days of the date of occurrence of any event or events of default(s) including but not limited to the following:

(a)          death or insanity;

(b)          if you commit a default under any provision of these Terms and Conditions;

(c)           if any information provided by you whether in the course of making the application for the Service or otherwise is incorrect or misleading or does not present an accurate representation of the relevant facts in a material particular as of the date at which it was provided;

(d)          if any event or circumstance occurs which would or might render it inadvisable or impractical for Paywatch to make, maintain or fund the Withdrawal;

(e)          if legal proceedings, suit or action of any kind whatsoever be instituted against you; or

(f)            if you go into default under or commit a breach of any instrument or agreement between you and Paywatch.

15. Your Responsibilities

15.1.     When using the Service, you:

(a)           accept that you will not be able to make your first Withdrawal until your registration details have been approved by your Employer;

(b)           allow your Employer to make every applicable Net Salary payment due to you, after remitting to Paywatch to repay the Withdrawals pursuant to Clause 9.1, from the moment your Account has been activated, until the moment it has been deactivated;

(c)           give your Employer permission to share your Employee Information with us (subject, in respect of Sensitive Personal Data, to your separate consent under Clause 16.2(b)), if and to the extent that it is necessary or desirable to do so to enable

(i)             us to provide the Service to you; and/or

(ii)            us and/or your Employer to perform our respective obligations under these Terms and Conditions and any agreement between your Employer and Paywatch for the provision of the Service.

(d)           give us your permission to use and store the information you and your Employer give to us, for the purpose of providing the Platform and related services, including providing your Employer with real-time information and analytics about your Withdrawal(s), your pay day payments, your Net Salary payments, and your outstanding payments.

15.2.     You shall:

(a)          ensure that you shall download or have downloaded the Application from either the Google Play Store, the Apple App Store, or Huawei AppGallery. You shall not download the Application from any other sources. You shall be fully responsible for any losses or damages you may suffer in any way whatsoever should you breach the terms of this clause;

(b)           ensure that you do not use the Application on any illegally modified devices such as jailbroken devices, rooted devices or any devices that have been altered in any way whatsoever. In the event you utilize such a device, Paywatch shall not be liable in any way whatsoever for any and all losses or damages which you may suffer including but not limited to any financial and/or information loss;

(c)           ensure the compatibility of your mobile device with the Application. In the event that any changes or upgrades are introduced to the mobile payment system, you shall ensure the continued compatibility of your mobile device and be responsible for all equipment and other mobile applications necessary to use the Service. You shall be fully responsible for the integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service or broadcasted by you or any other persons using your mobile device;

(d)           inform your Employer immediately if there are any changes to your Employee Information, registration information, your employment details, details of your earned wages or your bank account information. If you do not do this, this may delay the processing of or result in a rejection of your Withdrawal requests, pay day payments, Net Salary payments and any other outstanding payments. We are not responsible for any errors, transaction fees or other issues that might arise, or for any losses you might suffer if any of your information changes and you fail to notify your Employer immediately;

(e)           immediately notify both your Employer and Paywatch in writing or via the Application if you resign, give or receive notice to terminate your Employment Contract, are dismissed or suspended, or become subject to any disciplinary or other process that may affect the payment of your salary, and immediately cease submitting any Withdrawal request upon the occurrence of any such event;

(f)            take all reasonable steps to prevent fraudulent, improper or illegal use of your Account and/or the Service and theft or loss of your mobile device and immediately notify support@paywatchglobal.com upon the discovery of such fraud, improper or illegal use, theft, loss, or any other occurrence of unlawful acts. You shall, if instructed by Paywatch, lodge a police report on the same and give Paywatch a certified true copy of such report.

15.3.     You shall not:

(a)          use the Service for any purpose against public interest, public order or national harmony or for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or transmit any content which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character or in any other manner which may result in complaints, claims, disputes, penalties or liabilities to Paywatch;

(b)           hack into, access, tamper, breach or circumvent any authentication or security of any host, network or account of Paywatch or its provider’s computer systems or interfere with service to any user, host or network, including, without limitation, sending a virus; and

(c)           make, or attempt to make, any Withdrawal request after you have resigned, given or been given notice to terminate your Employment Contract, been dismissed or suspended, or become subject to any disciplinary process that may affect the payment of your salary.

15.4.     You acknowledge that the Service is, and shall remain, at all times, the property of Paywatch and you shall:

(a)          exercise all due care and diligence in the usage and maintenance of the Account and Service; and

(b)           not tamper or allow anyone to tamper with the mobile device, your Account and/or the Service.

16. Privacy

16.1.     Clause 16 herein shall be read together with the Paywatch Group Privacy Policy which can be found on Paywatch’s website at www.paywatchglobal.com. In the event of any inconsistencies, this Clause 16 shall prevail over the Paywatch Group Privacy Policy to the extent of such inconsistency.

16.2.     For the purposes of these Terms and Conditions, “Personal Data” means information about you, from which you are identifiable, including:

(a)           Basic Personal Data: your name, date of birth, gender, place of birth, nationality, image, phone number, identification number, passport number, and Employee Information (except income information set out in Clause 1.8(b)); and

(b)           Sensitive Personal Data: your location as determined through location-based services, identification card image, passport image, bank account information (including bank account number and bank name), and income information set out in Clause 1.8(b). Before collecting any Sensitive Personal Data, Paywatch will notify you that such data constitutes Sensitive Personal Data, and Paywatch will only collect and process Sensitive Personal Data with your separate consent, given through an affirmative action on the Application that is distinct from your acceptance of these Terms and Conditions. You may refuse or withdraw such consent at any time, in which case Paywatch may not be able to provide the Service (or any part thereof) to you, as provided in Clause 16.7.

16.3.     The Personal Data provided by you may be held in a database and Paywatch may use, store, analyse and transfer and/or exchange such information with all such persons as may be considered necessary. You agree that Paywatch may use, disclose to third parties and process your Personal Data provided by you to Paywatch for the following purposes:

(a)           processing your application and providing you with the services/products of Paywatch, as well as services and products by other external providers provided through Paywatch;

(b)           enabling communication;

(c)           managing your relationship and Account with Paywatch;

(d)           attending to all administrative purposes and any other ancillary matters related to the provision of services related to Paywatch; and

(e)           sending you marketing, advertising and promotional information about other products/services that Paywatch and its affiliates, related corporations and third-party service providers/agents may be offering or which Paywatch believes may be of interest or benefit to you. Additionally, our related, affiliated, and/or associated companies, our merchants, and strategic partners may contact you about products, services and offers, which we believe may be of interest or benefit to you. You have the right to opt out from receiving marketing messages. If you wish to opt out from receiving marketing messages, please inform us at support@paywatchglobal.com.

16.4.     Paywatch may monitor and record all transactions and communications that may take place between Paywatch and you for Paywatch’s business purposes (including but not limited to quality control and training, preventing unauthorised use of Paywatch’s telecommunication systems, ensuring effective systems operation and prevention and detection of crime).

16.5.     In addition to the classes of persons as stated herein, you agree for Paywatch to additionally disclose your Personal Data to the following classes:

(a)          Affiliated companies with Paywatch;

(b)           Persons/Organizations required under law or where disclosure is necessary for the purposes of compliance with applicable laws or in response to relevant authorities’ requests;

(c)           Government agencies, statutory authorities, enforcement agencies under law; and

(d)           Paywatch’s contractors, service/product providers, consultants, auditors, accountants, solicitors, and advisors.

16.6.     Paywatch shall apply appropriate technical and organizational measures to keep your Personal Data secure and to handle it in compliance with Law No. 91/2025/QH15 on Personal Data Protection (National Assembly, June 26, 2025) (“Law on Personal Data Protection”), Decree No. 356/2025/ND-CP detailing certain articles of and measures for the implementation of the Law on Personal Data Protection (Government, December 31, 2025) (“Decree 356”), Vietnamese laws and any guidelines issued in connection thereto as well as such other data protection legislation or guidelines.   

16.7.     Should you decide not to provide any or all of the Personal Data, Paywatch will not be able to proceed with the provision of the services.

16.8.     You agree that:

(a)           Paywatch may store and process your Personal Data on cloud infrastructure operated by Paywatch’s third-party service providers (including Microsoft Azure) located in Singapore or in such other location(s) as Paywatch may notify you from time to time. A copy of your Personal Data will also be stored in Vietnam.

(b)           Your Personal Data may be accessed from outside Vietnam by Paywatch’s affiliated companies in Malaysia and Singapore, and by the persons described in Clause 16.5(d), in each case only for the purposes set out in Clause 16.3 and only to the extent necessary.

(c)           Paywatch will only transfer your Personal Data outside Vietnam with your separate consent, given through an affirmative action on the Application that is distinct from your acceptance of these Terms and Conditions, or where otherwise permitted by the Law on Personal Data Protection, Decree 356, or other applicable law.

(d)                      Each recipient outside Vietnam is bound by a written agreement requiring it to protect your Personal Data to a standard no lower than that set out in this Clause 16 and to process it only on Paywatch’s instructions. Paywatch has filed a cross-border personal data transfer impact assessment with the Ministry of Public Security as required by law.

As the Service is operated on this infrastructure, if you refuse or withdraw the consent in paragraph (c), Paywatch will not be able to provide the Service to you, as provided in Clause 16.7. Any withdrawal of consent will not affect any processing, right, or claim of Paywatch that has accrued under these Terms and Conditions before the withdrawal.

17. Termination & Suspension

17.1.     You can de-activate or terminate your Paywatch Account at any time by writing in to support@paywatchglobal.com. However, the de-activation will not take effect until:

(a)          your Employer has repaid the Withdrawals you have already withdrawn (if any);

(b)           your Employer has paid your next Net Salary or other outstanding payments ; and

(c)           you have settled our subscription or transaction fees (if any).

17.2.     Paywatch shall also be entitled to immediately suspend or terminate your use of the Service (or any part thereof, including any benefits under the Service) and your access to the Account, with or without any notice to you, upon the happening of any of the following events:

(a)          if, in the opinion of Paywatch, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Service;

(b)          if you are in breach or Paywatch has reasonable grounds to believe that you have breached any of the provisions of these Terms and Conditions, the terms and conditions of Paywatch and/or any applicable terms and conditions of any new services as may be provided by Paywatch from time to time, or have engaged in any conduct prejudicial to Paywatch or if in the opinion of Paywatch, your acts are prejudicial to Paywatch’s interests;

(c)           if you are in breach of any acts, statutes, laws, by-laws, rules and/or regulations imposed by any party, regulatory body or government agency;

(d)          if you have submitted false documents or have declared false information during your application for the Service;

(e)          if you have acted in bad faith or with malicious intent;

(f)            if your name is listed under any regulatory watchlist (including but not limited to any listing related to terrorism on the website of the Ministry of Public Security of Vietnam); and/or

(g)          if you fail to provide any additional information which Paywatch may request from you from time to time.

18. Reactivation

18.1.     In the event the Account and/or Service has been suspended and you request for reactivation of the same, Paywatch may, at its absolute discretion, reactivate the Account.

19. Adjustment Due to Error

19.1.     If you discover any error or discrepancy in your Account, you must contact support@paywatchglobal.com within thirty (30) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy of your transaction. If it is revealed in the course of Paywatch’s investigation that the disputed transaction was indeed made in error, Paywatch will do the necessary adjustment within thirty (30) days from your complaint.

20. Liability

20.1.     This Service is provided on an “as is” and “as available” basis. Paywatch disclaims all liability and makes no express or implied representations or warranties of any kind in relation to the Service including but not limited to the:

(a)          availability, accessibility, timeliness and uninterrupted use of the Service; and

(b)          sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the Service.

20.2.     Paywatch will use reasonable endeavours to ensure that the Service is secured and cannot be accessed by unauthorised third parties.

20.3.     You shall be solely responsible for any and all consequences of use or misuse of your Account, login credentials, and/or security credentials. You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) due to your negligence or where you have acted fraudulently. For the purposes of this clause, negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.

20.4.     However, you will not be liable for any losses caused by system glitches, technical error or other operational issues encountered at Paywatch, merchants or other relevant parties involved in the provision of this Service.

20.5.     To the maximum extent permitted by applicable law, Paywatch shall not be liable or responsible to you and/or to any other third party(s) for any costs, loss, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service including but not limited to:

(a)          your Account being hacked and/or theft of your login credentials and/or security credentials;

(b)          any resulting disputes between you and any of Paywatch’s merchants or service providers over any aspect thereof, including, but not limited to, issues relating to quality, merchantability, fitness for use, quantity, or delivery; and

(c)           resulting from the purchase or investment in any financial products or other products, which shall include the principal sum of such purchase or investment of financial products.

21. Indemnity

21.1.     By agreeing to these Terms and Conditions upon using the Service, you agree that you shall defend, indemnify and hold Paywatch, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:

(a)          your use of the Service, Software and/or Application in your dealings with the third-party merchants, transportation providers, third-party providers, partners, advertisers and/or sponsors;

(b)          your violation or breach of any of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein;

(c)           your violation of any rights of any third party; or

(d)          your misuse of the Service, Software and/or Application.

21.2.     You agree that you shall not be entitled to any remedy or relief against Paywatch for non-contractual liability.

22. Governing Law

22.1.     These Terms and Conditions are governed by and construed in accordance with the laws of Vietnam, and you hereby submit to the exclusive jurisdiction of the courts of Vietnam.

23. Amendment and Modification of Terms and Conditions

23.1.     Paywatch may modify these Terms and Conditions from time to time. If we do, we will (a) notify you and your Employer; and (b) make the new Terms and Conditions available to you at least 21 days before the changes take effect. Where the changes relate to the processing of your Personal Data or otherwise require your consent under applicable law, we will request your consent through the Application and you will only be bound by such changes upon selecting “Agree”. In all other cases, you will be bound by the new terms if you use the Service after the changes take effect. If you do not want to be bound by the new terms, you must advise your Employer and inform us of your intentions to close your Account before the 21-day period expires. You are advised to visit Paywatch’s website from time to time to keep updated of the latest variation to these Terms and Conditions (if any).

23.2.     The fees and charges imposed by Paywatch pursuant to these Terms and Conditions may change from time to time. Paywatch shall notify you of any changes to the fees and charges imposed by Paywatch by giving no less than twenty-one (21) days’ prior notice before the effective date of the said changes to the fees and charges.

24. Intellectual Property Rights

24.1.     All trademarks and other Intellectual Property Rights used in relation to the Service belong to Paywatch.

24.2.     You acknowledge and agree that all trademarks and other Intellectual Property Rights relating to the Service or any part thereof, whether presented to you by Paywatch, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and all Paywatch’s rights therein are expressly reserved.

25. Assignment

25.1.     These Terms and Conditions as modified from time to time may not be assigned by you without the prior written approval of Paywatch but may be assigned without your consent by Paywatch. Any purported assignment by you in violation of this Clause shall be void.

26. Miscellaneous

26.1.     If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, such provision shall, to the extent of such illegality, invalidity or unenforceability, be deemed severed from these Terms and Conditions, and the legality, validity and enforceability of the remaining provisions shall not be affected.

26.2.     Paywatch shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions resulting from events beyond its reasonable control, including natural disasters, epidemics, war, riots, acts or orders of any governmental or regulatory authority, changes in law, failure or delay of any bank, payment system, telecommunications or internet network, power outages, cyber-attacks, or any failure or delay by your Employer.

26.3.     You agree that your acceptance of these Terms and Conditions, each Withdrawal request and any other instruction given through the Platform constitute valid electronic transactions under Law No. 20/2023/QH15 on Electronic Transactions and have the same legal effect as a written document signed by you. Paywatch’s electronic records of your transactions, instructions and communications shall, in the absence of manifest error, be conclusive evidence of such matters.

26.4.     Paywatch may give you any notice under these Terms and Conditions through the Application, by email or SMS to the contact details registered in your Account, or by publication on Paywatch’s website, and such notice shall be deemed received when sent or published. You are responsible for keeping your contact details up to date.

26.5.     No failure or delay by Paywatch in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy, nor shall any single or partial exercise preclude any further exercise of that or any other right or remedy.

26.6.     Clauses 9, 11, 13, 14, 16, 20, 21, 22, 24 and this Clause 26, and any other provisions which by their nature are intended to survive, shall survive the termination of your Account or these Terms and Conditions, and such termination shall not affect any amount owed by you to Paywatch.

[End of Terms and Conditions]

These Terms and Conditions were last updated on 28 October 2026.