PayLater's General Terms and Conditions

Please read these Terms and Conditions (the "Terms") carefully. By clicking to accept these Terms, you agree to be bound by these Terms and agree to PayLater Website Services W.L.L Privacy Policy ("Effective Date"). The headings contained in this document are for reference purposes only. You should print a copy of these Terms for your records.

1. Parties to these Terms

1.1 These Terms is a contract between you (“you”, “your”) and PayLater Website Services W.L.L (“PayLater”, “we”, “us”, “our”) (each individually a "Party", and collectively the “Parties").

1.2 These Terms is a legally binding Terms between you and PayLater governing your non-transferrable (unless with our prior written consent) use of PayLater Services (as defined below), including use of the PayLater website, PayLater application and any features and products that PayLater may make available to you through the PayLater application or website. We may transfer or assign these Terms, and any rights under these Terms, to a third party without notice to you or without your consent.

2. Definitions

"Account” shall have the meaning ascribed to it under clause 5.1 of these Terms.

"Affiliates” shall mean any individual, corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity that directly, orindirectly through one (1) or more intermediaries, controls, is controlled by, or under common control of PayLater.

“Terms” shall mean these Terms and Conditions.

“Applicable Law(s)” shall mean all applicable laws, rules, regulations, guidelines, statutory or government notifications of the State of Qatar.

"Business Day” means a day other than a Friday and Saturday or bank holiday/public holiday in the State of Qatar.

“Buy-Pay-Pay-Later" or “BNPL” shall have the meaning as delineated in clause 5.2.

"Buy-Now-Pay-Later Regulations" shall mean the Buy-Now-Pay-Later Regulation issued by the Qatar Central Bank.

“Confidential Information” means information relating to us, to the Services or PayLater customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services, data derived from the Services except for data (other than Customer personal data) arising from the sale of your products comprising of products sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of these Terms, customer personal data constitutes Confidential Information at all times.

"Data Protection Legislation” shall mean (a) Law No. 13 of 2016 of the State of Qatar; and (b) any other legislation in force from time to time relating to privacy and/or the processing of personal data and applicable to the provision of Services under these Terms and Conditions.

“Intellectual Property Right” shall mean any patent, copyright, trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Applicable Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.

“PayLater App” or “App” means PayLater’s application through which PayLater provides customers a range of innovative consumer purchasing solutions, including buy now pay later services ("BNPL”), cashback services and such other consumer solutions as PayLater makes available within the application.

“Products” shall have the meaning as delineated in clause 5.1.

"Service(s)” shall mean services provided by PayLater as outlined in clause 5.

“Sensitive Information” shall mean Customer's private information including, but not limited to, name, address, phone number, debit card numbers and credit card numbers.

"Territory” shall mean the State of Qatar.

“Website” shall mean the PayLater website accessible through www.paylaterapp.com.

3. The Terms

3.1 PayLater offers a variety of innovative options for consumer purchases, such as buy now pay later services, cashback services, and other consumer solutions available through our various consumer channels. Each of these options is considered a “Service<,” collectively referred to as the “Services.”

3.2 Before registering for a PayLater Account on the Website, or downloading and installing the PayLater app (“App”), you must agree to be bound by the Terms.

3.3 You should read the Terms carefully before you agree to be bound by them and you should determine whether the Services are appropriate for you given your personal or financial circumstances.

3.4 We reserve the right to change the Terms at any time by updating the App and our Website to incorporate any new or amended terms, an email will be sent to your registered email account with us informing you of the update change.

3.5 You are responsible for regularly reviewing information posted on the App or Website to obtain timely notice of amendments to these Terms and to submit your agreement to them

4. Eligibility

4.1 The Services are exclusively intended for eligible persons.

4.2 Our BNPL is only available to eligible persons. Whether you are eligible will be determined by us at our discretion and will depend on numerous factors such as our assessment of your creditworthiness, your history of transactions, the Merchant's account history, as well as the following criteria (“Eligibility Criteria”):

(a) you have a valid Qatar ID (QID);

(b) you are living in the State of Qatar and have provided your permanent residential address;

(c) you are 18 years of age or older;

(d) you have an active email account registered in your name;

(e) you have an active mobile phone number registered in your name;

(f) you have provided all your information and documentation requested by us

(g) you declare that any payment obligations arising from your purchase will be met by you pursuant to the payment terms agreed at the time of purchase; and

(h) you have an operational bank account in the State of Qatar.

4.3 Any registration for, use of, or access to the Services by individuals who do not meet the Eligibility Criteria shall be deemed unauthorized, unlicensed, and a breach of these Terms.

5. PayLater Services

5.1 Subject to your successful application for a PayLater Account with PayLater, and upon approval ("PayLater Account"), you will gain access to our buy now pay later (“BNPL”) service, allowing you to purchase products and/or services (“Products”) from both offline and online retailers (“Merchants”) using BNPL.

5.2 BNPL allows you to pay for the total cost of a Product (“Total Amount”) through smaller equal payment amounts which are paid on specific agreed dates (“Due Dates”) as designated amounts (“Installments”).

5.3 You can also apply to use BNPL at checkout, with certain Merchants. Approval of a checkout application will be subject to our review of your data and circumstances.

5.4 We explicitly reserve the right, at our sole discretion, to decline your BNPL application at any time without providing any reasons for doing so.

5.5 If your PayLater Account has a sufficient balance or your BNPL application is approved, we will pay the Merchant the Total Amount for the Products you purchase on your behalf. You agree to repay the Total Amount to us in full via the agreed-upon Installments, as outlined in these Terms.

5.6 The amount you owe to PayLater at any given time will be the Total Amount minus any paid Installments (“Total Amount Due”), displayed in your PayLater Account.

5.7 It's important to note that benefits offered by your bank or credit card issuer for purchases from Merchants may not apply to purchases made through us. We do not guarantee the availability of any purchase protection, extended warranty, or similar benefits offered by such third parties if you use the PayLater Services.

5.8 We may provide you, at our sole discretion, with offers and benefits such as discounts, special events, pre-access to products, sales promotions, Merchant offers, sampling and giveaways. Any such offers or benefits will be subject to separate terms and conditions as notified to you.

5.9 On the condition you have a PayLater Account, you may also elect to use our PayLater Cashback service (“Cashback Service”) separately or together with our BNPL service.

6. Your Information

6.1 By providing information to us, you agree to furnish only truthful, accurate, current, and complete details, pledging not to misrepresent your identity or any associated account information.

6.2 You additionally commit to maintaining the accuracy and currency of your PayLater Account information. You assert that any residential address, email address, or mobile phone number you supply belongs to you and is up to date. It is agreed that you will promptly inform us of any changes to this information.

6.3 For compliance purposes, enhancing your experience with the PayLater Services, and providing you with offers and benefits, we retain records of your past purchases and transactions through PayLater.

6.4 You agree that PayLater may at any time make inquiries about you and request any information about you that PayLater requires to provide you with a PayLater Service, including but not limited to your credit score or a credit indicator relating to you that PayLater considers appropriate from any financial institution, credit bureau (including Qatar Credit Bureau), or reference agency or any other source that PayLater considers necessary, to assess your eligibility to use the PayLater Services. A credit score may also be requested in connection with an extension or increase of your spending limit, account renewal, account collection action, or dispute investigation.

6.5 You hereby authorize PayLater (and those organizations acting on its behalf) to make such inquiries and obtain such information about you without the need for further consent or approval from you or notification to you, for the purposes of determining your eligibility for the PayLater Services.

6.6 We may also disclose any information aggregated by us or report your repayment history and credit behavior to any credit bureaus (including Qatar Credit Bureau or any other agency authorized and approved by the Qatar Central Bank (“QCB”), in accordance with our obligations under applicable law or as mandated by QCB

7. Payment Methods and terms

7.1 Before proceeding with any transaction using the PayLater Services, you must consent to these Terms along with any specific terms relevant to that transaction.

7.2 By clicking the “Buy Now” button, you affirm that you have thoroughly read,comprehended, and agreed to these Terms in their entirety. Furthermore, you acknowledge your responsibility to settle the Total Amount, including late payment charges (if applicable), as per the Terms.

7.3 You acknowledge that twenty-five percent (25%) of the Total Amount Due must be paid before you are accepted for the PayLater Services, this will become the first Installment which is immediately due and payable at the time of purchase of the Product(s).

7.4 Each subsequent Installment payment (or the first payment) adheres to the predetermined Installment billing cycle indicated in your PayLater Account.

7.5 7.5 We may not always issue you notices or reminders of any upcoming Installment payment dates. The Installment payment instructions are available on our Website/App and/or the billing statement in your PayLater Account.

7.6 Depending on the PayLater Service utilized, various funding sources, such as debit or credit cards (excluding prepaid cards), may be accepted. We reserve the right, at our sole discretion, to decline debit or credit cards with expiry dates within 12 (twelve) months of the Product purchase date. We also reserve the right to refuse the Services to you in case you have a bad credit history. Additionally, you acknowledge that in the event of a late payment, it shall be reflected in your credit history with the Qatar Credit Bureau.

7.7 We may require you to register more than one card or funding source to your PayLater Card, to be used in respect of the repayment of your Installments and will ask you to select a default from which Installments will be taken directly.

7.8 In instances where your default card or funding source is unable to be charged, including for Installment plans or registered subscriptions, you authorize PayLater to charge any other registered funding source within your PayLater Account.

7.9 You retain the option to make full or partial payments of the Total Amount Due at any time without incurring additional charges for prepayment.

7.10 We will at all times, determine, at our absolute discretion, any acceptable methods of payment, and may discontinue accepting any particular payment method at any time for any reason.

7.11 Should you use a credit card or other payment method that is reversible, you hereby waive any rights to make such chargebacks or reversals.

7.12 We may delay making credit available on your PayLater Account in the amount of your payment until, such time we have received the payment in clear funds.

7.13 In the event of card replacement, cancellation, expiration, or a desire to use a different card, you must update your PayLater Platform with an eligible card at least 3 (three) Business Days before the next Installment due date.

7.14 It is your responsibility to ensure that the credit or debit card presented for payment during purchase or thereafter remains valid, active, and has sufficient available balance or credit to cover all Installments and accept pre-authorizations per these Terms until the Total Amount Due is settled.',paymentStopRight: ' 7.15 You have the right to stop a payment on added credit or debit card by providing a replacement card in the PayLater App at least 3 (three) Business Days before yournext payment Installment due date.

paymentStopRight

7.16 By opting for our buy now pay later (BNPL) payment method during checkout, you grant us authorization to charge the eligible card you have submitted and furnished to us either at checkout or subsequently, for the specified number of Installments you have selected at checkout.

7.17 The payment date, and amount of each Installment we will charge, will be shown on the Website before you complete your purchase.

7.18 You hereby authorize us or any of our authorized service providers to:

(a) charge your added card for the amount of your down payment Installment on or after the date of the purchase;

(b) charge your added card in the amount of each Installment on each Installment due date;

(c) charge your added card for the Total Amount Due:

(d) in an event of default charge your added card the relevant Installment or the Total Amount Due under these Terms.

7.19 If any automatic charge of an Installment or the Total Amount Due fails, you are required to make the required payment immediately.

8. Payment Default

8.1 We have the right, subject to any specific requirements under Applicable Law to provide you with a cure period, to declare you in default for any of the following reasons:

(a) you fail to pay any Installment by the Due Date;

(b) you commit any act or omission which we consider, acting significantly impairs your ability to pay or our ability to collect the amounts due from you;

(c) you revoke your consent to electronic communications; or

(d) you die or become legally incompetent.

8.2 If you are declared in default, you acknowledge we have the right to require you to pay the remaining total amount of all outstanding Installments immediately.

8.3 You agree we have the right to seek immediate payment of this amount by charging the credit or debit card you have provided for pre-authorization under these Terms.

9. Payment Option

9.1 We may initiate debt collection procedures and incur (extra-judicial) costs to recover any Late Payment due. These costs will be set out in your PayLater Account and will be added to the Total Amount.

9.2 We can additionally require immediate payment of the Total Amount Due and, unless prohibited by Applicable Law, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys&#39; fees if we refer your PayLater Account for collection to an attorney or collection agency.

9.3 An option to extend the Due Date of any Installment may be offered as a PayLater Service at PayLater's sole discretion.

10. Our Rights

10.1 We may establish a total purchase limit ("Limit") for you, which will be displayed on your PayLater Account when you log in to our Website or access the App.

10.2 This limit represents the maximum amount available to you for purchases from Merchants and decreases with each transaction you make.

10.3 The Limit may be adjusted periodically, at our sole discretion, considering various factors such as, including but not limited to, your creditworthiness, payment history, and transaction activity.

10.4 We reserve the right to decline transactions at our discretion. We are not responsible for any refusal to authorize a transaction or PayLater Account.

10.5 You hereby authorise PayLater to transfer international payment system operators payment card data you’ve provided to us when filling out forms on the Website or otherwise, and to receive from such operators confidential information, in particular - a report including a score from: (i) AMEX; and/or (ii) Visa; and/or (iii) Mastercard and is formed using the data of your payment cards and transactions carried out with the use of such cards, the data of which are provided by yourself to PayLater, in order for us to make a decision on concluding a loan agreement.

10.6 You hereby authorise PayLater to coordinate with the Merchant, broker, or agent from whom you have made a purchase using PayLater, to downgrade or cancel your membership, subscription or any upcoming fulfilment or service (“Cancellation”).

10.7 You grant authorization to PayLater's Merchant, broker, or agent partner to communicate with their vendors, suppliers, and/or manufacturers, where applicable, to implement the stated Cancellation.

10.8 We may at any time, and upon notice to you, assign (whether absolutely or by way of security) sell, or transfer your PayLater Account or any amounts due on your PayLater Account to one or more third parties, either individually or as part of a pooled group of accounts.

10.9 The third party or parties to whom we make any such assignment, sale or transfer, shall be entitled to all our rights under these Terms, to the extent assigned, sold or transferred.

10.10 You acknowledge and agree that we may assign, sell or transfer our obligations under these Terms or in relation to your PayLater Account (whether in whole or in part) or assign, sell or transfer your contract with us (whether in whole or in part) to a third party or parties. This clause 10.10 shall constitute our prior notice of any such assignment, sale or transfer and your advance consent to any such assignment, sale or transfer of your contract in each case in accordance with Law No. 22 of 2004 Regarding Promulgating the Qatar Civil Code.

10.11 The third party or parties to whom we make any such transfer of our obligations under these Terms or in relation to your PayLater Account (whether in whole or inpart) or transfer of your contract as a whole, shall assume our obligations under these Terms or in relation to your PayLater Account, to the extent transferred.

10.12 We may disclose any information relating to your PayLater Account and your contract with us including information relating to your repayment history and credit behaviour to any person or entity to whom we make any such sale, assignment or transfer.

11. PayLater Cashback

11.1 We may offer you the opportunity to earn cashback on purchases (whether using our BNPL or other payment methods) from Merchants that have agreed to participate (“Retail Partners”).

11.2 To be eligible to receive PayLater Cashback from our Retail Partners you must:

(a) create a PayLater Account, log in to PayLater, and utilize the shopping links within the PayLater App or Website. Complete your purchase transaction during the same shopping session initiated after clicking on the shopping link.;

(b) ensure that "cookies" are not disabled on your computer, as they are utilized for user authentication and verifying eligibility for cashback within your PayLater Account; and

(c) purchase Products from our Retail Partners in accordance with the terms and conditions outlined on the applicable Retail Partner’s merchant page via the shop directory on our Website/App.

11.3 PayLater reserves the right to modify these Terms periodically, providing you with a written Notice at least seven (7) days prior to the effective date of the amendments. The updated terms will be accessible to you within this timeframe. Should you disagree with PayLater's modifications to these Terms, you have the option to terminate the Terms before the effective date of the changes by notifying PayLater. By continuing to utilize the Services without expressing objection to any amendments or new versions of the terms outlined in these Terms, you acknowledge and consent to all terms and conditions of the amended Terms, including any alterations or additions.

11.4 We retain the authority to scrutinize any purchase transactions, referral engagements, or interactions conducted with or through PayLater or our Retail Partners if we suspect, at our sole discretion, that such activities are exploiting or have exploited PayLater Cashback.

11.5 We maintain the privilege to revoke any PayLater Cashback, prohibit additional PayLater Cashback awards and/or bonuses, and/or close any Account that we determine, at our sole discretion, is misusing or has misused PayLater Cashback.

11.6 Failure to adhere to these Terms, engagement in any fraudulent or abusive activities related to the accumulation or receipt of PayLater Cashback or other rewards and bonuses, or providing false information to the Company by you or any representative may lead to the termination of your PayLater Account and the forfeiture of any accrued PayLater Cashback rewards.

11.7 In case of suspicion of fraudulent activity associated with a PayLater Account, we retain the right to postpone or withhold payment of PayLater Cashback. Any suspected or confirmed instances of fraudulent activity will be escalated and reviewed according to our fraud process

11.8 You acknowledge and agree that not all purchases from our Retail Partners may qualify for PayLater Cashback.

11.9 Exclusions from PayLater Cashback eligibility will be determined by our Retail Partners at their sole discretion, and the list of exclusions is subject to change without prior notice.

11.10 You acknowledge and agree that it is your responsibility to confirm with the relevant Retail Partner whether a purchase will be eligible for PayLater Cashback before completing the transaction.

11.11 You acknowledge and agree that purchases from Retail Partners using store credits will not qualify for PayLater Cashback.

11.12 The PayLater Cashback rate (including currency) for each purchase will be stated on the applicable Retail Partner’s merchant page on our Website/App, and is subject to change at any time without notice.

11.13 The PayLater Cashback amount will be calculated based on the purchase price of goods, excluding any taxes (including value-added tax), duties, shipping or delivery charges, processing fees, or other service charges imposed by the Retail Partner and paid by you.

11.14 You acknowledge and agree that it is your responsibility to confirm with the applicable Retail Partner the PayLater Cashback rate before completing a purchase.

11.15 While we strive to ensure the accuracy and currency of the PayLater Cashback rate stated on the Retail Partner's merchant page on our Website/App, we do not guarantee its correctness and hereby disclaim any warranties (explicit or implicit) regarding this information and disclaim any liability for reliance on it.

12. PayLater Cashback Withdrawals', cashback_reflection: '12.1 The PayLater Cashback for each eligible purchase will be reflected in the wallet in your PayLater Account (“PayLater Wallet”) as “pending confirmation”, within 5 (five)days of the Retail Partner confirming an eligible purchase.

12.1 The PayLater Cashback for each eligible purchase will be reflected in the wallet in your PayLater Account (“PayLater Wallet”) as “pending confirmation”, within 5 (five) days of the Retail Partner confirming an eligible purchase.

12.2 The PayLater Cashback for each eligible purchase will be credited to your PayLater Wallet on the date (“Credit Date”) that falls within 5 (five) days of the later of:

(a) the date on which you can no longer return the eligible goods purchased in accordance with the Retail Partner’s terms and conditions of sale; or

(b) the Retail partner reconfirming that the purchase is valid (excluding any order cancellations or refunds).

12.3 After the Credit Date you can either:

(a) transfer all or part of your PayLater Wallet balance to pay an Installment,

(b) withdraw all or part of your PayLater Wallet balance to your local nominated banking account, subject to the requirements under clause 12.8;

(c) retain all or part of your balance in your PayLater Wallet for up to 12 (twelve) months after the Credit Date.

12.4 You acknowledge that you cannot transfer all or any part of your PayLater Wallet balance to another PayLater Wallet or utilize the balance to pay another person’s BNPL Installment balance.

12.5 PayLater Cashback amounts will be debited from your PayLater Wallet on a first in,first out basis.

12.6 To be eligible for a transfer or withdrawal, the total PayLater Cashback accrued and remaining in PayLater Account, must equate to a value greater than or equal to the minimum balance required, as stipulated in the PayLater App.

12.7 Your PayLater Wallet balance does not constitute monies held on trust by us for your benefit, do not attract or accrue interest and do not form part of any deposit protection scheme. Your rights to the PayLater Wallet balance are limited to the contractual rights outlined in these Terms.

12.8 You can only withdraw an amount from your PayLater Wallet to your local nominated banking account if:

(a) your nominated bank account is with a branch of a financial institution licensed to carry on business in the jurisdiction where you reside;

(b) your bank account is with a branch based in the same jurisdiction as the Retail Partners through which you purchased items that earned the cashback credits;

(c) the amount withdrawn is greater than the amount as specified under “minimum eligible transfer balance.

12.9 You provide all information required by us to complete the transfer of funds, including but not limited to any information or documentation required to satisfy know-your client obligations.

12.10 Any request to withdraw an amount from your PayLater Wallet to your local nominated banking account is final once submitted and cannot be reversed.

12.11 You are solely responsible for ensuring the accuracy of the information provided to us in relation to your local nominated banking account.

12.12 You hereby agree that we will have no liability to you or obligation to correct any transfer that is completed in accordance with your instructions.

12.13 If your nominated bank rejects the transfer of funds for any reason (excluding where the transfer is rejected due to our error), we may charge you an administration fee which will be communicated, if applicable, and which will be debited from your PayLater Wallet.

12.14 PayLater Cashback amounts will expire if not withdrawn to your local nominated banking account within 12 months after the relevant Credit Date.

12.15 It is your responsibility to track PayLater Cashback amounts in your PayLater Walletthat may expire, and hereby acknowledge and agree that we have no obligation to notify you prior to the expiry of any PayLater Cashback amounts. We exclude any and all liability to you whatsoever in respect of any PayLater Cashback amounts that expire in accordance with these Terms.

12.16 You are responsible for any and all taxes that may apply to PayLater Cashback amounts credited to your PayLater Wallet. You should obtain independent tax advice as to the tax treatment of such amounts.

12.17 We reserve the right from time to credit or debit your PayLater Wallet where it is necessary, reasonable, or expedient to do so. This includes, but is not limited to, circumstances where a PayLater Cashback amount has been incorrectly credited to your PayLater Wallet and/or where it is determined by us in our absolute discretion that you have acted fraudulently, dishonestly, or in contravention of these Terms, the terms and conditions outlined on the applicable Retail Partner’s page or of any applicable law.

12.18 We reserve the right to suspend or terminate your PayLater Account where we reasonably believe that you have breached these Terms, the terms and conditions outlined on the applicable Retail Partner’s page on or any applicable law

12.19 We reserve the right to suspend or terminate your PayLater Account where it is necessary or, we believe, acting in our absolute discretion, it is reasonable to do so for, in order for us to comply or satisfy any applicable law, regulation, court order or regulatory requirement.

13. Referral Program

13.1 By participating in PayLater’s promotional referral program (“Referral Program”),you agree specifically to this clause 13 (the “Eligibility Terms &amp; Conditions”).

13.2 PayLater may terminate, cancel, suspend, or modify the Referral Program or these Eligibility Terms & Conditions at any time, at its sole discretion.

13.3 The Referral Program permits newly onboarded or existing PayLater users (“Referrer”) to invite a new user (“Referee”) to fulfill the requirement for a valid referral as defined in clause 13.5 below (“Qualifying Purchase”).

13.4 The Referrer and/or Referee will earn an award (“Referral Reward”) once they’ve satisfied the conditions for a Qualifying Purchase.

13.5 Referral Program shall be structured as follows:

(a) The Referrer shares a unique personal referral link with the Referee user.

(b) The Referee should not have used any PayLater Service or payment method previously, including but not limited to, making a purchase using one of PayLater’s payment methods and downloading the App.

13.6 The Referee must make a Qualifying Purchase with their first shopping transaction using PayLater’s payment methods within the first (thirty) 30 days of signing up through the referral link.

13.7 The Qualifying Purchase value is unique for any single merchant and is determined by the minimum eligible basket size set by the Merchant for PayLater’s payments methods.

13.8 The Referral Reward applies to in-store &amp; online transactions and will be awarded within a day after the Referee makes their first purchase and payment with PayLater.

13.9 The Referral Reward will be credited to your PayLater Account which can be used for upcoming payments or withdrawn to your linked bank account.

13.10 PayLater reserves the right to exclude any PayLater user with delinquent balances from earning rewards through the Referral Program. PayLater wants users to develop healthy financial habits and does not encourage consumers to take on more debt than they can afford to pay back.

13.11 PayLater reserves the right to recover or cancel the Referral Reward if the Referee user’s order is canceled or fully returned within 14 (fourteen) days.

13.12 A Referrer may only refer their personal family, friends, and acquaintances who fulfill the eligibility requirements of the Referral Program.

13.13 If we determine that it is likely the Referrer published the personal referral link in a manner that results in or is intended to encourage people outside of the Referrer’s friends/acquaintances to sign up, PayLater may disqualify the Referrer from participation in the Referral Program and void any successful referrals at its discretion.

13.14 The Referral Program is open to individuals who are legal residents of the State of Qatar and who are eighteen (18) years of age or older at the time of entry.

13.15 PayLater may disqualify any Referrer or Referee user from the Referral Program if we believe, in our sole judgement, that they are attempting to abuse, misuse, defraud the Program, violate the Eligibility Terms &amp; Conditions, or supply us false information. In the event that a Referrer or user’s participation in the Referral Program is terminated, all rewards are void.

14. Prohibited Activities

14.1 You agree not to use the PayLater Services for any unlawful or fraudulent activity and to immediately contact us if you believe that your PayLater Account may be subject to unauthorized use, account takeover or other type of fraudulent activity or security breach. By using the PayLater Services, you agree that you will not and will not assist or enable others to do any of the following:

(a) breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or agreements with us, including these Terms;

(b) provide false, inaccurate or misleading information to us;

(c) provide information belonging to any person other than yourself;

(d) use a PayLater Account that belongs to another person for yourself or on behalf of another person;

(e) use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;

(f) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique; or

(g) commit unauthorized use of the Services, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Services;

(h) open or use multiple PayLater Accounts;

(i) harass, threaten, or abuse our employees, agents, or other users;

(j) modifying, adapting, developing, createing any derivative work, reverse engineering, decompiling, disassembling, unlocking or carrying out any act restricted by the scope of your license, in relation to the Core IP (as defined below), our Website, App, or the Content; and

(k) any reproduction or redistribution of our Website or App or any Content is prohibited and will result in civil and/or criminal penalties. In addition, the copy (in whole or in part) of any Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

15. Dispute Rights

15.1 Any complaints in relation to Products shall be handled exclusively by the Merchant and you hereby agree that PayLater has no responsibility or liability to you in respect of any issue of performance, merchantability or suitability of the Products themselves.

15.2 Subject to us receiving written confirmation from a Merchant to refund an amount payable for a Product, we will credit your PayLater Account the relevant balance.

15.3 In no circumstance will we be required to pay any amount directly to you that is to be credited to your PayLater Account as part of a refund.

15.4 Complaints in relation to PayLater or PayLater Services can be submitted in writing through the contact form on our Website.

16. Confidentiality

16.1 Except as permitted or required by the Terms, each Party must not use or disclose any of the other Party’s Confidential Information.

16.2 Each Party may disclose the Confidential Information of the other Party: (i) when required to do so by Applicable Law or any regulatory authority of competent jurisdiction (provided that the first Party provides the other Party with reasonable prior written notice of such disclosure, if legally permitted, to allow such Party adequate opportunity to seek a protective order preventing or limiting the disclosure) or registered stock exchange offering either Party’s securities; (ii) to a director, officer, employee, agent, contractor, professional adviser, investor or financing source (or potential investor or financing source) of the first Party whose duties reasonably require such disclosure, provided such person has agreed to keep the information confidential; and (iii) with respect to Confidential Information of the merchant provided in connection with a specific Purchase or Customer, PayLater may use such information to process transactions, service Customer accounts, and otherwise in accordance with PayLater’s or its Affiliates’ privacy policies in any applicable jurisdiction.

16.3 Each Party must take all reasonable steps to ensure that no Confidential Information of the other Party is used, directly or indirectly, in any way that is detrimental or adverse to the other Party and that each person to whom any Confidential Information of the other Party must be or has been disclosed does not use or disclose such Confidential Information except as is consistent with these confidentiality commitments.

16.4 Each Party must take steps no less rigorous than those which it takes in respect of its own information (but in no event less than a reasonable degree of care) to prevent any unauthorized use, disclosure or loss of, or unauthorized access or damage to, the Confidential Information of the other Party under its possession or control.

16.5 Any and all Confidential Information disclosed by one Party and received by the other Party prior to the Effective Date will be subject to the obligations set out in this Clause 16.

16.6 With respect to Confidential Information of PayLater provided to Merchant, Merchant may use such information solely to facilitate a Purchase and represents and warrants that it shall comply with Applicable Law relating to privacy and data protection, including without limitation the applicable requirements of the Buy-Now-Pay-Later Regulations.

16.7 This Clause 16 shall survive termination of these Terms and shall remain in force for a period of two (2) years.

17. Intellectual Property

17.1 All content included in or made available through the Services, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) are owned by PayLater or one of its Affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in these Terms, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.

17.2 We own or hold the rights to any and all intellectual property in our Website and App (“Core IP”), as well all intellectual property and other rights in all material (including all text, graphics, logos, audio and software) made available on or through our Website and App (“Content”).

17.3 Your use of the PayLater Services, our Website, or our App does not grant or transfer any rights, title or interest in either the Core IP or the Content to you.

17.4 We hereby grant to you a licence to access and use the Website and the App solely for the purpose of your use and enjoyment of the PayLater Services, as outlined in these Terms and, where applicable, as expressly authorised by us.

17.5 The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Services are registered and unregistered Trademarks of PayLater. Other trademarks, service marks and trade names may be owned by others. Nothing on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other PayLater intellectual property displayed on the Services. The name “PayLater” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior written permission from PayLater.

18. Availability and Security

18.1 You are responsible for maintaining the secrecy of the login credentials to your PayLater Account with us. You are required to notify us immediately of the loss, theft, or possible unauthorized use of your PayLater Account via the App.

18.2 If you permit any person to use your PayLater Account information, login, or other details with the authorization to obtain credit on your PayLater Account, you will be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your limit to be exceeded.

18.3 You acknowledge and agree that you will not hold us responsible for any liability arising from the actions or inactions of any third party in connection with any permissions you grant under clause 18.2.

18.4 We provide no warranty or guarantee that your access to our Website, App or the PayLater Services will be uninterrupted, timely or error-free.

18.5 We will occasionally carry out repairs, maintenance or introduce new facilities and functions, and access to the Website, App or the PayLater Services may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice.

18.6 We may impose restrictions on the length and manner of usage of any part of the PayLater Services for any reason.

18.7 If we impose restrictions on you personally, you must not attempt to use the PayLater Services under any other name or user or on any other mobile device.

18.8 It is your responsibility to keep your phone and access to the PayLater Services secure. We therefore recommend that you do not jailbreak or root your phone, (which is the process of removing software restrictions and limitations imposed by the official operating system of your device) as it could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone&#39;s security features and it could mean that the PayLater Services will not work properly or at all.

18.9 We provide no warranty or guarantee the App or Website will be compatible with all hardware and software which you may use.

18.10 We shall not be held liable for damage caused by or related to any viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property either directly or indirectly as a result of your download, installation, access to or use of the App or Website or your obtaining any material from, or as a result of using, the App or Website. We shall also not be liable for the actions of third parties.

19. Data Protection

19.1 We and our Affiliates will process your data in accordance with all applicable data protection regulations, including Qatari Law No. 13 of 2016 (“Qatar Data Protection Law”) and our Privacy Policy, which is available on our website and forms part of these Terms.

19.2 In order to deliver the PayLater Services, we will need to record your name, national ID number and any other details on such ID, date of birth, email address, address, telephone number and details around the payments due by you to us.

19.3 We process your personal data for the purposes set out in our Privacy Policy, including for the following legitimate purposes directly related to your use of the PayLater Services:

(a) to perform a credit check on you and/or to confirm your identity;

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(c) to facilitate the payment via bank transfer, direct debit or any other payment method chosen by you;

(d) for marketing and business development purposes;

(e) to administer payments received and to send reminders for non-received payments; and

(f) to engage debt collection agencies/procedures/legal action in case of non-payments.

19.4 You hereby acknowledge and agree that we may share any personal data we hold on you with the Merchants from whom you have bought Products and with any person or entity to whom we sell, assign, or transfer your PayLater Account, any amounts due on your PayLater Account, your contract with us, or our rights or obligations under your PayLater Account or these Terms.

19.5 You can request details of your personal information held by us by contacting us via hello@paylaterapp.com, and may request correction to any personal data we hold about you in cases where the information is incorrect.

20. Disclaimer

20.1 We hereby exclude all warranties and conditions, whether express or implied by statute, common law or otherwise, to the extent permitted by law that:

(a) the performance of our Website or App;

(b) the use or access to our Website or App will be uninterrupted;

(c) our Website or App are free of any virus or other computer software routine intended or designed to permit unauthorized access to your computer system or disable, damage, erase, disrupt or impair the normal operation of your computer system; or

(d) the accuracy, reliability, or completeness of any Content.

20.2 Our Website and App (including any Content and software) are provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the suitability of accessing and using our Website, App and PayLater Services, and your use and access of our Website, App, or the PayLater Services is entirely at your own risk.

20.3 We will have no responsibility or liability to you in relation to any loss or damage that you incur, including but not limited to damage to your software or hardware or loss of data, arising from your use of or access to our Website, App, or PayLater Services, or the unavailability of our Website, App, or PayLater Services.

20.4 To the full extent permitted by law, we exclude all warranties (express or implied),terms, conditions, or undertakings not stated in these Terms, whether expressed or implied, in relation to our Website, App, or the PayLater Services.

20.5 PayLater hereby excludes any and all liability for any loss or damages incurred by you or a third party as a result of any act or omission by us in respect of the provision of the PayLater Services, the Website or the App.

21. Liability

21.1 Neither you nor PayLater excludes or limits liability to the other party for:

(a) death or personal injury due to negligence; or

(b) fraud or fraudulent misrepresentation; or

(c) any other loss which cannot be excluded or limited under the governing law of these Terms.

21.2 PayLater shall not be held liable for any indirect or consequential loss or damage including, without limitation, any loss of business or profits in each case whether arising from negligence, breach of contract or otherwise.

21.3 Subject always to clauses 21.1, the liability of PayLater for any breach of these Terms, whether for negligence, misrepresentation, breach of contract or otherwise for direct loss or damage shall be capped for the duration of these Terms at a total amount of QAR 500,000.

21.4 When using PayLater Services (including our Website/App) to purchase Products you hereby acknowledge and agree that

(a) your purchase of Products is subject to the Merchant’s terms and conditions of sale;

(b) we are not agents or representatives acting on behalf of the Merchant;

(c) the Merchant’s terms and conditions of sale, and any policies or promotions are independent of PayLater and are not controlled by us;

(d) we provide no warranty as to the condition, merchantability, or fitness for a particular purpose of the goods sold by the Merchant and purchased by you;

(e) you will address all claims you may have in relation to the Products directly to the Merchant and not us; and

(f) we have no liability to you whatsoever for any claim for loss or damage that arises from your use or purchase of Products from a Merchant.

21.5 Without prejudice to clause above, to the extent permitted by law, you hereby indemnify release and hold harmless PayLater, our directors, officers, employees, our affiliates and agents from and against any and all losses, actions, claims (actual or threatened), proceedings (including proceedings where we are joined pursuant to any proportionate liability regime) or demands (including any costs and expenses in defending or servicing same) which may be brought against us, in respect of any loss (including any indirect or consequential loss, loss of opportunity, loss of revenue, loss of profit, loss of reputation), death, injury, illness or damage to persons or property, and whether direct or indirect and in respect of any breach of any industrial or intellectual property rights, howsoever arising out of the use of, reliance on, or benefit of, any Products purchased from a Merchant.

22. Term and Termination

22.1 These Terms you have with us for the duration of your use of the PayLater Services

22.2 These Terms apply (as amended from time to time) until terminated in accordance with this clause 22.

22.3 We may suspend or close your PayLater Account or otherwise terminate your right to use your PayLater Account at any time at our absolute discretion.

22.4 If you owe any Installments upon the effective date of termination of these Terms, you must pay them in full within ten days of such date of termination.

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22.6 Please note that terminating these Terms will not terminate your purchase Terms(s) with the Merchants.

22.7 Your rights and obligations in relation to your Termss with Merchants are governed by those Termss and the legislation relating to them.

22.8 We will retain your information after the closure of your PayLater Account in accordance with our privacy policy.

23. Dispute Resolution

23.1 Disputes: If any dispute arises under the Terms, the Parties agree to seek to resolve the dispute in good faith within thirty (30) days’ written notice of such dispute. No action or suit or other proceeding may be commenced before the Parties have attempted to resolve the dispute pursuant to this provision.

23.2 In the event that the Parties are unable to resolve the dispute as stipulated in clause 23.1, the Parties hereby agree that the exclusive jurisdiction for any legal proceedings shall lie with the courts of the State of Qatar.

23.3 Governing Law: These Terms shall be governed by the laws of the State of Qatar notwithstanding any conflict of law rules.

23.4 Customer Consumer Rights: With respect to each Purchase, your rights and remedies as a consumer in respect of the Goods (including rights to seek and obtain refunds) are as between you and the Merchant, to the exclusion of PayLater (to the maximum extent permitted by law).

24. Miscellaneous

22.1 Entire Terms: These Terms contain all the terms agreed between us and you regarding their subject matter and supersede and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing.

22.2 No Waiver: A failure to exercise or a delay in exercising any right, power or remedy under the Terms does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the Party granting that wavier unless made in writing.

22.3 Construction: The headings of the sections of the Terms are inserted for convenience only and are not intended to affect the meaning or interpretation of the Terms. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not be used in the construction or interpretation of the Terms.

22.4 Severability: If any provision of the Terms (or any portion thereof) is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Terms shall not be affected thereby and shall be binding upon the Parties and shall be enforceable to the fullest extent permitted by Applicable Law, as though said invalid or unenforceable provision (or portion thereof) were not contained in the Terms.

22.5 Third Party Beneficiaries. Except as may be expressly provided or incorporated by reference in the Terms, no provision of the Terms is intended, nor shall it be interpreted to provide or create any third-party beneficiary rights or any other rights of any kind in any person or entity other than the Parties hereto.

Customer Participation Consent

This Customer Participation Consent ("Consent") is made between the undersigned customer ("Customer") and PayLater Website Services WLL ("PayLater") as part of the "Authorized Participant in the Regulatory Sandbox" environment under the guidelines set forth in the APRS framework by the Qatar Central Bank ("QCB"). By agreeing to this Consent, the Customer acknowledges and agrees to the following terms and conditions:

Purpose

PayLater's Buy Now, Pay Later (“BNPL”) solution is designed to offer Customers a flexible payment solution, allowing them to purchase goods and services immediately while deferring payment over an agreed period. The primary goal is to provide financial convenience and affordability to Customers, enabling them to manage their cash flow more effectively.

Functionality 

- Purchase and Payment: Customers can use PayLater at participating merchants to purchase products or services. The total purchase amount is split into smaller, manageable payments over a set period.

- Installments: Payments are typically divided into equal installments, which are automatically debited from the customer's bank account or charged to their credit card on scheduled dates. 

- User Interface: Customers can manage their BNPL account through PayLater's user-friendly online platform or mobile app, where they can view their payment schedule, transaction history, and account settings.

- Notifications: Customers agree to receive reminders and notifications about upcoming payments, due dates, and any changes to their account status.

Limitations

- Merchant Network: The BNPL option is only available at merchants that are part of PayLater's network. Customers may not be able to use PayLater for all their purchases.

- Credit Limit: There may be a credit limit imposed on the BNPL facility based on the Customer's creditworthiness and PayLater's risk assessment policies.

- Eligibility Criteria: Not all Customers may be eligible for PayLater's BNPL product. Eligibility is determined based on a variety of factors including credit history, income, and other financial obligations.

Potential Risks

- Interest and Fees: Customer agrees and acknowledges that late payments or missed installments can incur fees and interest, increasing the overall cost of the purchase.

- Credit Score Impact: Late payments or defaults on BNPL agreements can negatively impact the Customer's credit score, affecting their ability to obtain credit in the future.

Customer Rights and Obligations

- The Customer understands their rights and obligations as a participant in the testing service. This includes:

- The right to receive clear and transparent information about the product.

- The obligation to provide accurate and truthful information for the risk assessment and decision-making processes.

- The right to access information related to their participation at any time.

- The right to access their data and request corrections if any inaccuracies are found.

Use of Customer Data

The Customer's data will be used by PayLater and its designated technology provider to perform risk assessment and decision-making processes. This includes any necessary analysis and evaluations to determine the Customer's eligibility and suitability for the BNPL solution. 

Data Storage and Sharing  

The Customer's data will be stored securely by PayLater for a period of up to five (5) years. Additionally, the data will be shared with QCB and any other related parties as per QCB's instructions. The sharing of data is to ensure compliance with regulatory requirements and to facilitate oversight and monitoring by QCB.

Confidentiality and Data Security 

PayLater and its technology provider are committed to ensuring the confidentiality and security of the Customer's data. Appropriate measures will be taken to protect the data from unauthorized access, disclosure, alteration, or destruction.

Compliance with QCB Guidelines

PayLater will adhere to the guidelines and regulations set forth by QCB in the APRS framework. This includes obtaining necessary approvals and providing required reports to QCB.

Respecting Customer Privacy

PayLater agree and acknowledge to comply with all applicable privacy and data protection laws and regulations in Qatar when collecting, storing, and using Customer data. PayLater has implemented appropriate security measures to protect Customer data from unauthorized access, disclosure, or misuse. PayLater represents and warrants that Customer data used during the Regulatory Sandbox testing must not be used for any other purposes.

Effective Complaint Handling

PayLater commits to establishing and maintaining an accessible and efficient process for Customers to submit complaints or inquiries regarding the product or their participation in the test. Customers can submit complaints or inquiries regarding the productor their participation in the test by contacting PayLater through the following channels:

Email: help@paylaterapp.com 

PayLater is committed to addressing customer concerns promptly and ensuring a responsive and efficient process for resolving complaints.

Compensation for Damages 

If the Customer suffers any harm due to their participation in the testing, PayLater shall undertake appropriate measures to compensate the affected Customer. Compensation may take various forms, including financial reimbursement, expense coverage or corrective actions to rectify any damage incurred as determined by PayLater at its sole discretion.

Customer Credit Information

Securing explicit written consent from the Customer is required prior to obtaining any credit information from the Credit Bureau.

Explicit written consent from the Customer is also required prior to engaging in the exchange of the Customer’s credit information.

Credit information will be prepared and submitted to the Credit Bureau in strict accordance with the mechanism stipulated by the Credit Bureau.

Upon the Customer's request, PayLater must provide the Customer with a copy of the credit report acquired from the Credit Bureau.

 PayLater must notify and inform the Customer of any credit information disclosed to the Credit Bureau upon the Customer's request.

PayLater is obligated to provide the Credit Bureau with the most current credit information pertaining to its customers and periodically update this information in accordance with the Credit Bureau's stipulations.

All credit information provided by the Credit Bureau to PayLater is deemed confidential. PayLater commits to executing a non-disclosure agreement with the Credit Bureau and upholding the confidentiality of such information. Disclosure to third Parties is prohibited without prior written consent from the Customer or a direct court order.

PayLater is prohibited from utilizing the credit information to supply advice or recommendations to third Parties and must limit its utilization solely for internal purposes.

Effective Date and Duration  

This Consent is effective as of the date signed by the Customer and will remain in effect until the end of the data retention period or as required by QCB guidelines.

Right to Withdraw

The Customer retains the right to withdraw from the test at any time without any penalties. To withdraw, the Customer must provide written notice to PayLater. Upon receiving the withdrawal notice, PayLater will cease any further data processing and ensure the removal of the Customer's data from its systems as described in the Exit Strategy and Data Removal clause.

Informed Consent

By signing this Consent, the Customer consents to participate in the testing of PayLater's BNPL solution under the Regulatory Sandbox framework authorized by QCB. The Customer also consents to the processing, storage, and sharing of their data as described in this Consent. The Customer acknowledges that they have been provided with clear and accurate information about the purpose, functionality, limitations, and potential risks of the product. 

Customer Acknowledgement  

By proceeding with this Consent, the Customer acknowledges that they have read, understood, and agree to the terms and conditions stated herein.