Terms &
Conditions

Updated at 03rd of October 2023

1.1 Kadipay “App”, Platform “Us”, which is a digital platform that offers financing services for customers at the time of purchasing items and services from stores and service providers registered on the list of retailers accepted by KadiPay, so that gives the customers the option of buy now and pay later (BNPL) in installments. “You” and “Your” means the User of the Website or App.

1.2 By using KadiPay services, via Website or by installing the App, you agree to adhere to terms and conditions contained herein, whereas this page constitutes a binding legal agreement between you and us. If you do not agree with these terms, you must not obtain any information or continue to use KadiPay services. Kindly read these Terms of Use thoroughly as they contain significant information regarding your legal rights, remedies and obligations, as well as various limitations and exclusions and the clause governing jurisdiction and disputes

1.3 By using KadiPay you agree to be bound by the latest version of these terms and conditions. Moreover, you agree to commit to all subsequent revisions and to review terms on a regular basis to check for changes. The latest version of terms will be available on this page, which will listed at the top of the page. Any future amendments to the Terms and Conditions will not apply retroactively to any previous purchase unless we provide you with prior written notice.

1.4 If you use KadiPay, you are considered to have read and agree to the following Privacy Policy and terms and conditions set forth herein. Any documents and incidental links mentioned shall be deemed acceptable with these Terms. You agree to use KadiPay along with the interpretation stated therein and accept these Terms. Any actions or obligations made without observing these Terms shall be at your own risk. These Terms constitute part of the agreement concluded between us and the Users (Customer -Retailer)

1.5 Without limitation to any other terms of this Agreement, you are prohibited from using the Platform for any illegal or forbidden purpose under this Agreement or any additional terms. If you fail to comply with these Terms, any additional Terms, or for whatever reason, your access may be terminated immediately, in the event of your violation.

1.6 All terms and conditions shall apply upon the User's registration and choice to use KadiPay services.

1.7 Make sure to periodically visit this page to be well-informed of the recent version of these terms.

2. Registration and Password

2.1 You will be requested to create a profile on KadiPay when registering using this Platform, you will be required to set a Username and password. You are responsible for protecting your account, so use a strong password dedicated only for this account. We cannot and will not bear any responsibility for any loss or damage arising out of your non-compliance of the above.

2.2 You will be solely responsible for any services accessed and used by any third party using your own password and Username, whether such access or use to this Platform is authorized or not, including but not limited to all purchases and obligations (including but not limited to the financial obligations) incurred as a result as such access or use. Furthermore, you are solely responsible for maintaining security and confidentiality of your password and ID, and we will accept no responsibility, in any case, for any loss, theft or fraudulent use of your user account. You must immediately notify us of any unauthorized use of your password or User ID, as well as any other breach or threat of breach of the Platform or KadiPay App security.

3. Service Description

3.1 KadiPay is a digital platform that offers financing services for its registered customer through purchasing items and services from stores and shops and paying for them later through the process of dividing the purchase invoice into (....) easy installments without any extra fees in accordance with the terms and conditions of Islamic Sharia, while adhering to pay the installments on or before the due date.

3.2 The customer’s order is reviewed and once KadiPay approves the eligible customer’s application, the customer is financed to pay to the retailer the total value of items or services they wish to purchase. In accordance with these terms, you agree to repay the finance amount based on the billing cycle defined and shown in your account.

3.3 KadiPay Services will be available and accessible for the eligible customers. Therefore, your eligibility will be determined by our discretion when you attempt to purchase using our Services.

3.4 KadiPay reserves the right to set an aggregate limit for your purchase, which is the total amount available to you for purchases from retailers and decreases with each purchase you make. Moreover, were serve the right to occasionally change the purchase limit at our sole discretion as well as various factors, including but not limited to the credit worthiness and payment and transactions record.

3.5 KadiPay reserves the right, at our discretion, to reject any transaction for whatever reason and we are not responsible for any rejection of your account or the execution of any transaction.

3.6 KadiPay may offer, at its sole discretion, offers and benefits, such as discounts, special events, the opportunity to try-out products, sales promotions, retailer offers and free sample receipts and gifts. All such offers and benefits will be subject to the terms and conditions of which you are notified.

4. Registration Requirements:

4.1 You must be eighteen (18) years old or older and KadiPay will request to ensure your ID Number to verify your identity as a User as well as your age before allowing you to continue using KadiPay Services.

4.2 You should have an active e-mail registered under your name.

4.3 You should have an active mobile registered under your name.

4.4 You should provide all information and documents we requested.

4.5 You acknowledge that you will pay all your financial obligations resulting from your purchases in accordance with agreed payment terms upon at the time of purchase. Cash is not accepted.

4.6 By registering with KadiPay as an employer, legal person or any other entity, you acknowledge that you have the necessary capacity and eligibility to conclude this Agreement and to obligate your entity with the terms and conditions. Therefore, the employer or the legal person must follow laws and requirements that apply to - and are subject to -the process of using the Platform and using KadiPay Payment Services.

However:

4.6.1 KadiPay reserves the right to carry out the necessary procedures to verify the person's information, documents, identity and other registration requirements.

4.6.1 KadiPay reserves the right to reject any registration request as well as the financing request after or before its review and whether its owner meets all the required terms as well as his credit worthiness and diligence, without being required to justify or state the reasons, and even without any reasons.

4.6.1 KadiPay reserves the right to impose special and additional terms on some customers in certain types of items or services, depending on their nature and substance.

5. Privacy & Cookies Policy

5.1 When using our services and placing orders through us, you agree to provide us with your e-mail address and/ or other contact details genuinely and accurately. You also agree to allow us to use this information to contact you, when necessary.

5.2 We respect your right to privacy. Using our services or in another way, you agree to, when necessary, to allow us to collect, use and transfer your information as set forth in the Privacy and Cookies Policy.

5.3 To  discover how we collect and use your personal information, including  cancellation of irrelevant communication subscription, kindly review our Privacy  and Cookies Policy  

6. Mistakes

6.1 In the event that you discover a mistake when completing your data during registration as a User of our services, you can correct such mistakes on our website by clicking on “My Account” section. In any case, you can correct mistakes related to the personal data provided during the purchase process by contacting us, as well as exercising the correction right set out in our Privacy and Cookies Policy on our Platform. Services display confirmation boxes in various sections of the purchase process that prevent the order from being completed if the information in these sections is incorrect.

6.2 If you discover any mistake in your order after payment completion, you should immediately contact our customer service platform for correction.

7. Customer’s Acknowledgements and Undertakings

7.1 You acknowledge that all personal information provided on your account are correct and you shall bear the full responsibility for any false information in your account.

7.2 You acknowledge that you have read and agree to the terms and conditions provided to you prior to completing your registration with KadiPay.

7.3 You acknowledge that you are aware of the instructions governing updating of your Account Data and understand that you are obligated to do so in accordance with regulatory requirements. If you fail to comply with the regulatory requirements, including renewal of your ID, KadiPay will suspend transactions related to your account until you complete the required request.

7.4 You acknowledge your financial solvency and ability to meet all KadiPay financial obligations and you confirm your prior knowledge that KadiPay reserves the right to cooperate with the retailer or service provider, if you fail to pay installments. This cooperation includes (subscription or services us pension, seizure of the product or items) until installment payment is completed.

7.5 You acknowledge that you are not entitled to assign your financial obligations to third parties for consideration or free of charge. No assignment or transfer shall apply without KadiPay consent. In the event the User losses his legal personality due to decrease or deprivation, terms and conditions hereof shall be transferred to his general successors or his regular representatives, and the rights of the Platform arising from this agreement shall continue.

7.6 As stated in the body of this Agreement, the purpose of using KadiPay Services is financing. Therefore, financing shall not be used other than those agreed upon or in violation of KSA laws.

7.7 When using our services (including our application and website) to purchase items from retailers, you acknowledge and agree to the following:

(A) Your purchase of items is subject to retailer’s sale terms and conditions.

(B) We are not agents or representatives for retailers.

(C) We have no control over retailer’s sale terms and conditions and any promotional policies or offers.

(D) We make no promises or guarantees regarding the items condition, marketability or appropriateness fora particular purpose sold by the retailer and purchased by you.

(E) Any claims you have regarding the items purchased from the retailer should be directed directly to him, not to us.

(F) We accept no responsibility whatsoever for any claim for indemnification for loss or damage you incur as a result of your use or purchase of items from retailers.

7.8 You acknowledge and accept, in accordance with these terms, that purchases from our registered stores are not part of the cashback service, and such stores will specify the purchases excluded from this service at their sole discretion. The list of exclusions is subject to change at any time without a prior notice. Moreover, you acknowledge and accept that it is your responsibility, before completing the purchase, to confirm with the relevant store whether or not the purchase will benefit from this service.

8. Payment Mechanism

8.1 Creating your KadiPay account enables you to use KadiPay Payment Services to purchase items and services via the payment option of KadiPay Payment Methods available at stores and shops.

8.2 When you choose KadiPay Payment Method at the retailer’s POS during payment, you will be requested to select from a list of acceptable payment methods, which will be valid and binding between you and KadiPay in relation to the ongoing purchase order.

8.3 We will confirm your intention for payment before completing any financing transaction for you using our Services by notifying you of these terms and conditions applicable to that transaction and obtaining your consent, including confirmation of your commitment to pay the total amount by clicking on “Purchase Now” icon. By clicking on that icon, you agree to these terms and accept to make all payments charged to your account.

8.4 You agree that you may be requested to make advance payment before proceeding with the purchase, in which case the first payment is due immediately and must be paid before your order is approved. Subsequent payments (or the first payment if there is no advance payment is made) are due based on the billing cycle defined and displayed on your account. We may not send you any reminders of any due payment dates, as well as payment instructions will be available in your account on the Platform.

8.5 When the amounts or payments are due, or when you set up the option for scheduled automatic payments on your account, you can use any of the acceptable payment methods. Furthermore, we reserve the right to suspend the use of any payment method at any time and for any reason permitted by law.

8.6 KadiPay reserves the right to change or amend any payment method or delivery.

8.7 When payment is overdue. You agree to incur all financial costs resulting from debt collection procedures and attorney fees to recover amounts due by you.

9. Payment Recovery

9.1 The retailer/ seller is responsible for handling any complaints related to items purchased from him, therefore, we bear no responsibility in this regard. If we receive a written confirmation from the seller that you are entitled to recover purchases value, we will facilitate the process and update your account balance. Moreover, under no circumstances will we be required to pay you any amount credited to your account as part of recovery.

9.2 KadiPay is not responsible to you in relation to any payment recovery process. While KadiPay may facilitate payments recovery between you and the retailer or stores, at its sole discretion, this role does not entail any responsibility for payment recovery.

10. Platform Changes

10.1 We may suspend any of our services, functions or features at any time with or without notice. However, we may send you a message in accordance with our Privacy Policy regarding any change made to the Platform or our Services.

11. Users’ Behavior

11.1 You agree that you will not use any device, reverse engineering tool, or software to access, send or download any part of the Platform, engage in subversive or harmful online activities, or gain or attempt to gain unauthorized access to non-public areas of the Platform.

11.2 As a condition of using KadiPay, you warrant that you will not use it for any illegal purpose under any law currently in force inside or outside KSA or prohibited by these Terms, including limited and implied terms. Moreover, the Platform cannot be used in a manner that may damage, disable, overburden or impair the Platform or interfere with the use and/or access of any third party. You must refrain from obtaining or attempting to obtain any materials or information by any means that we have not intentionally made available or made available through KadiPay or the Services to copy, store, host, broadcast, transmit, use, publish or distribute any material which consists of (or is associated with) any spyware, computer virus or other computer malware. You further agree that not to engage in any systematic or automated data collection activities (including but not limited to datamining, extraction, and collection) on or in connection with the Platform or our Services without our express written consent. You may not use any robot or other automated means to access or interact with the Platform, as well as data collected from the Platform.

12. Privacy

12.1 You are aware that KadiPay collects, stores and uses your personal information according to its Privacy Policy. Personal information is defined as information can be used to identify you as an individual and type of personal information collected from Users varies depending on their activity type. We collect your personal information at the time you create your profile on the Platform, fill out an application form, send us a message, report a problem, or request technical support. Details. Such information includes your credit card number, full name, date of birth, contact details, government-issued ID card, passport, etc. If you use our Platform, we may automatically collect information such as your device name, IP address. browser type, operating system information, geographic location details, etc.

13. Proprietary & Intellectual Property

13.1 KadiPay for Information Technology Company is the owner of all copyrights of the content available on KadiPay Platform, which includes:

(A) All documents, papers and materials related to the service provided

(B) All texts, information, data, graphics, plans, graphic tools, images, videos, fonts, sounds, (HTML) code, designs, choices and arrangements of the platform, in addition to the Platform’s interfaces.

13.2 KadiPay for Information Technology Company is the owner of KadiPay trademark and any unauthorized use of KadiPay trademark is considered an infringement of intellectual property rights.

13.3 By using KadiPay, you do not acquire intellectual property rights to the Platform or its contents. Moreover, no property rights can be transferred from you to us or from us to you as a result of this Agreement. Our name, logo, service marks, eye-catching words, marks, phrases and all other content on the App are protected by copyright, trademark, database and other intellectual property rights.

14. Content Hosting License (For Retailers)

14.1 We do not allow infringement of intellectual property rights, whereas we reserve the right to remove any content that infringes intellectual property rights notified to us. If you believe that there is infringing material on the Platform, contact us via the email mentioned be with the following information:

(a) The complainant’s name and address.

(b) A description of the infringing materials and a copy of it

(c) Sufficient information to identify copy righted works

(d) A statement from the owner firmly believes that there is no legal basis for using the materials complained about

(E) A statement indicating that the information provided in in the application is correct demonstrating that the complainant is the owner of the intellectual property rights or is authorized to act on behalf of the owner

15. Limited Use

15.1 Copying or reproducing the Platform, its contents or any part thereof on any other server or site is expressly prohibited because copying or redistribution is expressly prohibited. You further agree not to reproduce or copy content from the Platform and you agree to be bound by all copyright notices and other notices displayed on the Platform. You may not decompile, disassemble, reverse engineer, or attempt to discover any source code contained on the Platform. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit any part of the Services for any experimental purposes.

16. Warranties and Disclaimer of Liability

16.1 This platform is provided to you on an “as itis” and “as available”. We make no express representations or warranties in relation to the Platform, which may remain as it is, be marketable, of satisfactory quality, accurate, precisely timed, appropriate for a particular purpose or need, or non-infringing. We do not warrant that this Platform or its content will meet your needs, be error-free, reliable, or will operate without interruption. You agree that neither we nor our partners shall have any liability to wards you in respect of any loss or damage (including direct, indirect, special or consequential loss or damage) that you may suffer or incur or may arise directly or indirectly as a result of your use of the Platform or the use of the services provided by KadiPay.

16.2 We accept no liability and indemnification for any loss or damage (including those resulting from negligence), regardless of the cause, that you may directly or indirectly incur in relation to your use of this Platform or any transaction takes places as a result of your use of KadiPay.

16.3 You must take your precautions to ensure that the process you use to access this Platform does not expose you to the risk of viruses or other forms of interference that may harm your computer system. For avoidance of doubt. We do not accept responsibility for any interference or damage to your computer system that arises in connection with your access to the Platform.

16.4 While we have no reason to believe that any information on this platform is incorrect, we cannot guarantee its accuracy, adequacy, or completeness. We do not accept responsibility for any losses you may incur as a result of your reliance on the Platform's accuracy or timeliness.

16.5 We and our partners should not be held accountable for damage arising out of using of electronic means of communication, including but not limited to damage resulting from email delays or failures, interception or manipulation of electronic communications by at third party or computer programs used to send emails and viruses.

17. Limitation of Liability

17.1 KadiPay is an independent digital platform that links between the customer and retailer. However, KadiPay shall not be liable, in any case, for any situation associated with the Retailers, or for any failure of the Retailers' products, product model, brand, reliability, efficiency, quality or availability.

17.2 The retailer and service provider are independent and contracted solely with KadiPay, who are not considered partners, representatives or agents of KadiPay. Retailers are fully liable for all transactions between them and customers or other related transactions. In the event of a dispute between any of the parties involved in such transactions, customers, Users and retailers shall undertake to indemnify KadiPay from any liability arising out of or in connection with any disputes between any party in any way and shall also undertake to relieve KadiPay (and its agents and employees) from claims, requests, liabilities and indemnities of any kind or nature, whether known or unknown, disclosed or undisclosed, which arise out of or in any way relate to such disputes.

17.3 KadiPay shall not be liable for any delay, obstruction or failure to provide items or services, If the cause is due to a force majeure event or similar events beyond our control that prevent or impede provision of the Service.

17.4 Under no circumstances may KadiPay, officers, directors, agents or partners be liable for any direct, indirect, incidental, special, consequential or exemplary damage (even if it was aware or should have been aware of possibility of such damage), including but not limited to if the damage resulting from the use, misuse, inability to use the Platform, disconnection, suspension, modification, alteration, or termination of the Platform. These restrictions apply to the greatest extent permitted bylaw.

17.5 We cannot be held accountable for the Platform’s suspension during the periodic maintenance process or any unplanned suspension that may occur due to technical issues or other factors beyond our control.

17.6 These limitations, disclaimers of liability, and exclusions shall apply regardless of whether damage arises out of (A) Breach of the Agreement; (B) Breach of warranty; (C) Negligence; (D) any other cause of action, to the extent that such exclusion and limitations are not prohibited by applicable law.

17.7 KadiPay maximum obligation arising under any circumstances should be limited to payments made only.

18. Indemnification

18.1 You agree to indemnify and hold harmless KadiPay, its employees, representatives, agents, partners and affiliates against any and all claims, lawsuits, actions or other proceedings filed against it based on or arising out of any claim resulting from your breach of this Agreement, your violation of any law or right of another party, or any claim that the use of our Services has harmed a third party or your use of the Platform, Services or your data. You will pay any and all costs, damage, and expenses, including but not limited to attorney fees and costs awarded to us or incurred by us in connection with or arising out of such claim, lawsuit, actions or proceeding. We reserve the right, at our sole discretion and our own expense, to assume the exclusive defense and control of any claims. You agree to cooperate reasonably when we ask you to defend any claims

19. Platform Sale or Transfer

19.1 You acknowledge that KadiPay for Information Technology Company, as the owner of KadiPay Platform and Service, may choose to transfer or sell the Platform and/ or subcontract the management rights or any part or all of the Platform or Services to a third party at any time and without notice. We are not obliged to inform you of cancellation and if we do, we are not obliged to provide any reason of cancellation.

20. Termination & Suspension

20.1 By virtue of the termination and suspension clause, if you wish to terminate your account with us, in this case If you benefit from our services under the Service Agreement, termination is subject to the Service Agreement.

You and we may terminate this Agreement, with or without reason, at any time and this termination shall be effective immediately. Without prejudice to other means available to KadiPay under this Agreement or under applicable law, we may restrict your activity, temporarily or indefinitely, suspend/ terminate your registration and/ or block your access to the Platform in the following cases:

(A) If you breach this Agreement and/ or documents contained hereof by reference.

(B) If we are unable to verify or authenticate any information you provide.

(C) If we believe that your actions may violate the rights of any third party, breach any applicable law or impose any liability toother Users and/or KadiPay.

(D) If the User violates the terms or documents contained in the Agreement by reference.

20.2 You agree that we may, under certain circumstances and without prior notice, immediately terminate your registration and the Platform access. Termination reasons may include but not limited to breach of terms or execution requests and non-compliance with payments.

20.3 You can terminate this Agreement by closing your KadiPay Account by following the instructions displayed on KadiPay Digital Platform, noting that you will remain liable for all obligations related to KadiPay Account even after its closure and termination of this Agreement.

20.4 You may request closing your KadiPay Account at any time by following the instructions presented on KadiPay Digital Platform, if there are no payables to KadiPay. Moreover, you will be liable for all obligations related to KadiPay Account even after its closure.

21. Customer’s Instructions and Complaints

21.1 The retailer/ seller is responsible for handlingany complaints related to items purchased from him, therefore, we bear noresponsibility in this regard. If we receive a written confirmation from theseller that you are entitled to recover purchases value, we will facilitate theprocess and update your account balance. Moreover, under no circumstances willwe be required to pay you any amount credited to your account as part ofrecovery.

21.2 KadiPay reserves the right,not the obligation, to investigate complaints against any violations of theseTerms or any other policy of the User. You acknowledge and agree that KadiPay will act at its sole discretion to investigate its policy violations, which may result in the termination of your account and/or the immediate modification of the relevant transactions.

21.3 KadiPay may, without obligation, and in a manner that it deems appropriate in good faith, take the necessary steps to investigate and verify the identity and capacity of the contacting person. If it suspects him or suspects a breach of security procedures or a password hack, it will not refrain from carrying out his instructions and/or suspend the account suspected be hacked

21.4 KadiPay reserves the right to refuse any instructions or inquiries it receives from the customer or user through the platform for any probable reason.

22. Entire Agreement

This  Agreement incorporates by reference the Terms and Conditions Agreement and  the Privacy Policy, which jointly constitute the full understanding between  both parties and supersede all prior oral or written statements, agreements,  declaration and understandings.    

23. Exclusivity

The contractual relationship between bothparties, KadiPay and the customer, remains limited and is defined by the conditions and terms set out herein, and those provided elsewhere in thisPlatform.

The customer's relationship with the retailer from whom he bought the commodity, validity of the contract, the extent of the retailer's compliance, and any rescission, cancellation or invalidity that may occur in the contract will not harm the contractual relationship with KadiPay. The Customer's obligation remains separate and detached from its relationship with the Retailer.

24. Waiver

If we fail to exercise or enforce any right orprovision of these Terms, this does not constitute a waiver of such right orprovision. We reserve the right to exercise our right at any time, as the casemay be.

25. Compliance with Laws

You should comply with all the applicable laws and regulations in KSA when you use our services without limitation. Moreover, you must not use (or permit to use) the Services in connection with any scheme or deception purpose.

26. Law Enforcement

You authorize us to provide any information and comply with any request relating to you or your account requested by a government or judicial body. We are under no obligation to verify the identity or authority of any identity or authority of any authority, if it is proven to us, in good faith, that it is legitimate.

27. Remarks

All notices and communications (including those related to changes in provisions, Privacy Policy, service termination, etc.)must be written in Arabic and they will be considered delivered if they were handed over personally or via e-mail.

28. Platform Technical Support

Communication should be with the  Customer Service via E-mail:  info@kadipay.sa

29. Headings

Headings and subheadings are included herein for convenience and identification only and are not intended to describe, interpret, limit or restrict the scope or extent of this Agreement and the Terms of Service/Terms and Conditions.

30. Severance

If any provision of these Terms  and Conditions is found to be invalid or unenforceable in whole or in part,  such deficiency or non-execution shall accompany only such provision or part  thereof, while the remainder of this provision and all other provisions of  these Terms and Conditions shall remain in full force and effect.  

31. General Provisions

KadiPay users are committed to all AML/CFT laws, regulations and rules in the Kingdom of Saudi Arabia, and they are also committed to exercising due diligence while using the Platform. Moreover, the Platform use is subject to privacy policies, trademarks and the user in turn shall occasionally review the Agreement articles and amendments.

31. Governing Law

This Agreement, including the Privacy Policy and the documents that are incorporated by reference are subject to KSA Laws, especially the E-Commerce Law, Commercial Courts Law, Intellectual Property Law, Finance Companies Control Law and their executive regulations in whatever contradicts with this Contract terms, wherever you find in the digital Platform and disputes that arise in this regard are due to the exclusive jurisdiction of Riyadh in KSA.

32. Disclosure

KadiPay Trademark is owned by KadiPay for Information Technology Company, which is officially registered in KSA under CR No.(4030381756) dated 1441/10/14 hijri and VAT Number (310576282800003) and Address (Saudi Arabia, Jeddah, 8710, 5447)