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 them and acknowledge PayLater Website Services W.L.L’s Privacy Policy (the “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 are a contract between you (“you,” “Customer,” “your”) and PayLater Website Services W.L.L (“PayLater,” “we,” “us,” “our”) (each individually a “Party,” and collectively the “Parties”).
1.2 These Terms are a legally binding agreement between you and PayLater governing your non-transferable (unless with our prior written consent) use of PayLater Services (as defined below), including the use of the PayLater website, PayLater application, and any features or 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, or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with 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-Now-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, with an exception that PayLater has the right to sue the Customer, along with other defaulting Customers, in a single claim/complaint before the courts, which does not constitute a breach of the confidentiality clause.
“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”), 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.
“Letter of Assignment” means the agreement concluded between PayLater and a third party or PayLater representative to assign its rights on Customer(s) by notice and considered acknowledgment and prior approval of such assignment.
“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, 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, you must agree to be bound by the Terms.
3.3 You should read the Terms carefully before agreeing to be bound by them and 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 updated change, provided that such notice shall be considered prior approval of the Customer.
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. No objection from your side (Customer) within two (2) days from its date shall be considered prior approval.
4. Eligibility
4.1 The Services are exclusively intended for eligible persons.
4.2 Our BNPL is only available to eligible persons. Eligibility is determined at our discretion and depends on factors such as creditworthiness, transaction history, and merchant history, along with the following criteria (“Eligibility Criteria”):
(a) you have a valid Qatar ID (QID);
(b) you live 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 requested information and documentation;
(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.
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 regulations.
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 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 twelve (12) 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 Account, 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 as 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 three (3) 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.
7.15 You have the right to stop a payment on an added credit or debit card by providing a replacement card in the PayLater App at least three (3) Business Days before your next payment Installment due date.
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; and
(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 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.
8.4 Late Payment Fee: In the event that any installment payment is not received by the due date, a late payment fee of QAR 50 will be applied to your account. This fee is approved by our Shari’ah Committee and is not retained by PayLater. All collected late fees will be donated entirely to charitable organizations, in line with Islamic principles.
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’ 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 including 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 authorize 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 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 you to PayLater, in order for us to make a decision on concluding a loan agreement.
10.6 You hereby authorize 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 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 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 in part) 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 behavior to any person or entity to whom we make any such sale, assignment, or transfer.
11. Prohibited Activities
11.1 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:
(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 technology intended to damage or interfere with the Services or to 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 denial of service attacks or spam;
(g) commit unauthorized use of the Services, including but not limited to unauthorized entry into our systems or misuse of passwords;
(h) open or use multiple PayLater Accounts;
(i) harass, threaten, or abuse our employees, agents, or other users;
(j) modify, adapt, develop, create any derivative work, reverse engineer, decompile, disassemble, or carry out any act restricted by the scope of your license in relation to the Core IP, our Website, App, or Content; or
(k) reproduce or redistribute our Website or App or any Content, which is prohibited and will result in civil and/or criminal penalties.
12. Dispute Rights
12.1 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.
12.2 Subject to us receiving written confirmation from a Merchant to refund an amount payable for a Product, we will credit your PayLater Account with the relevant balance.
12.3 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.
12.4 Complaints in relation to PayLater or PayLater Services can be submitted in writing through the contact form on our Website.
13. Confidentiality
13.1 Except as permitted or required by the Terms, each Party must not use or disclose any of the other Party’s Confidential Information.
13.2 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 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.
13.3 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.
13.4 Each Party must take steps no less rigorous than those it takes in respect of its own information (but in no event less than a reasonable degree of care) to prevent unauthorized use, disclosure, or loss of Confidential Information.
13.5 Any Confidential Information disclosed before the Effective Date will be subject to the same obligations.
13.6 With respect to Confidential Information of PayLater provided to a Merchant, the 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 the applicable requirements of the Buy-Now-Pay-Later Regulations.
13.7 This clause shall survive termination of these Terms and shall remain in force for two (2) years.
13.8 The Customer acknowledges and agrees that PayLater has the right to sue the Customer, along with other defaulting Customers, jointly in a single claim before the courts. This does not constitute a breach of the confidentiality clause.
14. Intellectual Property
14.1 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) and is 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.
14.2 We own or hold the rights to any and all intellectual property in our Website and App (“Core IP”), as well as 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”).
14.3 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.
14.4 We hereby grant you a license 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 authorized by us.
14.5 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.
15. Availability and Security
15.1 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.
15.2 If you permit any person to use your PayLater Account information, login, or other details with 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.
15.3 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 15.2.
15.4 We provide no warranty or guarantee that your access to our Website, App, or the PayLater Services will be uninterrupted, timely, or error-free.
15.5 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.
15.6 We may impose restrictions on the length and manner of usage of any part of the PayLater Services for any reason.
15.7 If we impose restrictions on you personally, you must not attempt to use the PayLater Services under any other name, user, or on any other mobile device.
15.8 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, as it could make your phone vulnerable to malware or malicious programs, compromise your phone’s security features, and mean that the PayLater Services will not work properly or at all.
15.9 We provide no warranty or guarantee that the App or Website will be compatible with all hardware and software you may use.
15.10 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. We shall also not be liable for the actions of third parties.
16. Data Protection
16.1 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.
16.2 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.
16.3 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;
(b) to facilitate the payment via bank transfer, direct debit, or any other payment method chosen by you;
(c) for marketing and business development purposes;
(d) to administer payments received and to send reminders for non-received payments; and
(e) to engage debt collection agencies or initiate legal action in case of non-payments.
16.4 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.
16.5 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 if the information is incorrect.
17. Disclaimer
17.1 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 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.
17.2 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. Your use and access of our Website, App, or the PayLater Services is entirely at your own risk.
17.3 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 thereof.
17.4 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.
17.5 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.
18. Liability
18.1 Neither you nor PayLater excludes or limits liability to the other party for:
(a) death or personal injury due to negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other loss which cannot be excluded or limited under the governing law of these Terms.
18.2 PayLater shall not be held liable for any indirect or consequential loss or damage including, without limitation, any loss of business or profits, whether arising from negligence, breach of contract, or otherwise.
18.3 Subject always to clause 18.1, 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 not exceed the value of the purchase order on the App.
18.4 When using PayLater Services (including our Website/App) to purchase Products, you 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.
18.5 Without prejudice to the above, to the extent permitted by law, you hereby indemnify, release, and hold harmless PayLater, our directors, officers, employees, Affiliates, and agents from and against any and all losses, actions, claims, or demands which may be brought against us, in respect of any loss, damage, or liability arising out of your use of, or reliance on, any Products purchased from a Merchant.
19. Term and Termination
19.1 These Terms remain in force for the duration of your use of the PayLater Services.
19.2 These Terms apply (as amended from time to time) until terminated in accordance with this clause.
19.3 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.
19.4 If you owe any Installments upon the effective date of termination of these Terms, you must pay them in full within seven (7) days of such termination.
19.5 Termination of these Terms will not terminate your purchase agreements with Merchants.
19.6 Your rights and obligations in relation to your agreements with Merchants are governed by those agreements and the applicable legislation.
19.7 We will retain your information after the closure of your PayLater Account in accordance with our Privacy Policy.
20. Dispute Resolution
20.1 If any dispute arises regarding these Terms or if the Customer is late in payment, the Customer shall be notified in writing with one (1) week’s notice to their email address. PayLater has the right, afterward, to take the action it deems appropriate.
20.2 In the event that the Parties are unable to resolve the dispute, the Parties hereby agree that the exclusive jurisdiction for any legal proceedings shall lie with the courts of the State of Qatar.
20.3 These Terms shall be governed by the laws of the State of Qatar notwithstanding any conflict of law rules.
20.4 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.
21. Miscellaneous
21.1 PayLater has the right to assign its rights with the client and waive the full amount of the defaulted installments to a third party or to one of its authorized representatives to claim them. This does not constitute a violation of the confidentiality clause.
21.2 The client acknowledges by signing the attached promissory note, and PayLater has the right to submit it to the competent civil court.
21.3 Notifications sent to the client’s email are deemed to have been sent to them in accordance with the law and shall have all legal effects.
21.4 These Terms contain all the terms agreed between us and you regarding their subject matter and supersede any prior terms, understanding, or arrangement between us and you, whether oral or in writing.
21.5 A failure to exercise or a delay in exercising any right, power, or remedy under these Terms does not operate as a waiver.
21.6 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.
21.7 If any provision of the Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain binding and enforceable to the fullest extent permitted by law.
21.8 Except as expressly provided in the Terms, no provision is intended 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.
21.9 These Terms and Conditions are made in bilingual format. In case of any contradictions or ambiguities, the Arabic version shall prevail.
21.10 The Customer agrees that the capture of their selfie image or addition of an electronic signature through the Application constitutes prior agreement and acknowledgment of all the terms and conditions mentioned herein.