- All orders are subject to approval by Postpay. For example, if you have any overdue payments, the Instalment Feature will not be available to you (see Section 7.1).
- You can make repayments any time before the due date. Otherwise, payments will be attempted on the scheduled dates from your card pursuant to the payment authorization. If a payment is not successfully processed on or before the due date, late fees may be applied as set out in section 5.5.
- The delivery, quality of goods and services, complaints and refund requests in relation to the goods and services are the responsibility of and should be directed to the retailer (defined below).
The headings contained in this document are for reference purposes only. You should print a copy of this Agreement for your records.
1. Parties to This Agreement
This Agreement is a contract between you ("you", "your"), Postpay KSA for Information Technology ("we", "us", "our") and the owner of the website or store from which you are purchasing goods or services (Seller),which is hereby incorporated in this Agreement by reference.
This Agreement sets out the terms and conditions that apply to your purchase of goods or services on the Sites (which includes any physical store of the Seller or the website of the Seller) using the extended repayment plan described in clause 5 below (Instalment Feature). You agree that your acceptance of this Agreement and use of the Instalment Feature shall constitute your acceptance of this Agreement.
2. Our Relationship
By placing an order with Postpay, you agree to pay to us, in accordance with this Agreement, the agreed amount as outlined in your Payment Schedule (as defined below), plus any additional applicable Late Fees as defined and set out in Section 5 below.
3. Changes to This Agreement
We will not change any terms and conditions for an existing order that has been accepted; the terms and conditions that will apply to an accepted order are the terms and conditions that applied at the time you made the order. We may amend this Agreement from time to time and it is your responsibility to review this Agreement prior to each use of Postpay.
4. Transfers or Assignments
11. Assessment and Checks
- You agree to provide any information or documentation reasonably requested to verify your identity in connection with your order.
- You authorize us to make, directly or through third parties, any inquiries necessary to verify your identity and assess your capability to make the agreed payments.
- As part of the approval process and assessment as to whether or not you have the means to fulfill your obligation to make future payments according to the Payment Schedule, we reserve the right, directly or through third parties, to conduct an assessment of your Payment Method.
12. Complaints and Disputes
- If you have a complaint with us arising out of or related to the Payment Purchase Agreement or the Instalment Feature other than with respect to the delivery or quality of the goods purchased, you should file a dispute by following the Notice procedures set forth in Section 13 below. If you have a complaint arising out of the delivery or quality of the goods or services you have purchased, you should contact the retailer using the details posted on the retailer's website. For the avoidance of doubt, any complaint against the Supplier does not relieve you of your obligations (including instalment payments) under this Purchase Payment Agreement.
- We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.
13. Applicable Law and Jurisdiction
- Except as expressly provided otherwise, this Agreement is governed by, and will be construed under, the laws of England and Wales. To expedite resolution and to minimize the cost of any dispute, controversy or claim between you and us related to any dispute or controversy arising from or relating to this Agreement, your use of any part of the Instalment Feature or the enforcement of any provision of this Agreement (Dispute), you and we agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any further action . Such informal negotiations will commence upon receipt of a written notice (each, a Notice).
- Your address for such Notices is the email address you have provided in your Account. Our address for such Notices is: 3141 Anas Bin Malek - Al Malqa District, Unit No 478, Riyadh 13521 - 8292, Kingdom of Saudi Arabia, Attention: Legal, or by email to email@example.com. Any Notice must include your name, account information, a brief description of the Dispute, and contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
- If we are unable to informally resolve the Dispute, then such Dispute shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (DIFC). For disputes under 1,000,000 AED in value, the parties agree to exclusively hear the matter in the Small Claims Tribunal at the DIFC Courts.
14. Limitation of Liability
To the extent not prohibited by law, under no circumstances shall we, our subsidiaries, partners, or affiliates be liable to you for any indirect, incidental, consequential, special or exemplary damages, arising from or relating to this Agreement or your use or inability to use the Instalment Feature. You agree that the aggregate liability of us, our subsidiaries, partners, and affiliates to you for all claims arising out of or related to this Agreements or your use or inability to use the Instalment Feature will not (other than as may be required by applicable law) exceed the greater of: (a) the amount you any affected order(s) giving rise to such damages, or (b) the amount of one thousand five hundred Saudi Arabian Riyal(SAR1,500).
You agree to release, indemnify and hold harmless us, our affiliates, and our and their respective officers, directors, employees and agents from and against any liability arising out of or related to your use of the Instalment Feature or violation of the terms of this Agreement.
16. Consent to Electronic and SMS Communication
- By clicking to accept this Agreement, you are deemed to have executed this Agreement electronically and you consent to electronically receive all records and notices related to the Instalment Feature.
- To ensure that we are able to provide communications to you electronically, you agree to notify us immediately of any change in your email address by updating your Account or via email.
- To view and retain a copy of this Agreement and other communications under this Agreement, you will need a device (such as a computer or mobile phone) with a web browser and internet access and either a printer or local or cloud-based storage space. By accepting and agreeing to this Agreement electronically, you represent that (a) you have read and understand the above consent to receive records and notices electronically; (b) you satisfy the minimum hardware and software requirements specified in this Section 16.3; and (c) your consent will remain in effect until you withdraw your consent as specified above in Section 16.1.
- As part of the Instalment Feature, we may send you SMS messages. You agree to receive SMS messages to each telephone number provided by you to us regarding the Instalment Feature.
- In addition, you agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features or suppliers, or other special announcements.
- This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded.
- If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
- This Agreement, including all documents or other material incorporated by reference, constitutes and contain the entire Agreements between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written Agreements. You and we acknowledge and agree that the other has not made any representations, warranties or Agreements of any kind, except as expressly set forth herein.