Seena Pay provides customers a Buy Now Pay Later (BNPL) service, and/or a Cashback service. By using the services of Seena Pay, registering for, logging into your account at seenapay.com, or downloading and installing our app, you agree to be bound by these terms. You should read these terms carefully before registering an account or using the services and determine whether the terms and services are appropriate to you given your personal or financial circumstances. You should print a copy of these terms for your records. If you do not agree with these terms, or the terms and services are not appropriate given your personal or financial circumstances, you should cease use of the services immediately and request the closure of your account. We reserve the right to change these terms at any time without notice to you by updating the app and our website to incorporate any new or amended terms. Any amendments to the terms will not alter the terms applicable to any purchase made using our services prior to the publication date of any new or amended terms unless we give you prior written notice. You are responsible for regularly reviewing information posted on our app or website to obtain timely notice of amendments to these terms. Your continued use of the services after amendments to these terms are published constitutes your acceptance of the amended terms.

The services are provided by RK Anjel for integrated services, registered in Cairo, Egypt (and we refer to ourselves as "we", "us" or "our").

1. The services

Buy Now Pay Later:

1.1 If you have applied for an account with us and we have approved you, you will be able to use our BNPL service to buy goods or services and make payments with associated offline and online retailers with a payment to be made on or before the due date communicated.

1.2 You will also be able to, during checkout with an associated retailer, apply for the use of our BNPL service. This application will not immediately result in an agreement between the retailer and us that you can pay via our BNPL service. Our approval of your application will be subject to our review of your submitted data and circumstances. We explicitly reserve the right to decline your application without giving reasons for doing so.

1.3 If your account has a sufficient balance or your application is approved (as appropriate), we will pay the retailer on your behalf for the goods or services you purchase, and you agree to repay such amounts to us in accordance with these terms.

1.4 Our BNPL services will only be available to eligible persons. Whether you are eligible to use our BNPL services will be determined by us at our discretion at the time of an attempted purchase, and may depend on such factors including but not limited to our assessment of your creditworthiness, your history of transactions, the retailer's account history, or any other reason and you satisfying the following criteria:

a. you are living in Egypt and have a permanent residential address;

b. you are 18 years of age or older;

c. you have an active email account registered in your name;

d. you have an active mobile phone number registered in your name;

e. you have provided all your information and documentation requested by us

f. 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.

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

2. Applicable Fees

2.1 No additional fees are charged by us unless stated otherwise in these terms or at the time you make a purchase.

3. Information provided by you

3.1 You agree that when you provide information to us, you will only and at all times provide true, accurate, current and complete information, and you agree not to misrepresent your identity or any of your account information or related details.

3.2 You further agree to keep your account information up to date and accurate. You represent that any residential address, email address or mobile phone number that you provide to us is current and belongs to you. You must notify us promptly when you change your residential address, email address, or mobile phone number.

3.3 By applying for and continuing to use the services, you give us permission to investigate your credit record (including obtaining your credit report) and/or verify your identity through relevant data sources. A credit report may also be requested in connection with an extension or increase of your spending limit, account renewal, account collection action or dispute investigation.

3.4 We store information about your previous purchases and transactions through our services for compliance purposes, to improve your use of our service and platform, and to provide you with offers and benefits.

4. Payment options

4.1 Before completing any transaction on your behalf through the services, we will secure your promise to pay by disclosing these terms and any specific terms applicable to that transaction, and securing your affirmative consent to the terms for that transaction, including your promise to pay the total amount to us or our assigns, by asking you to click the "Buy Now" button. Clicking that “Buy Now” button indicates that you do accept the terms and your obligation to pay in accordance with the terms, including any fees and any other transactions charged to your account.

4.2 You acknowledge that a down payment will be required as determined by us in which case the first installment will be immediately due and must be paid before you are accepted to pay in installments. Every subsequent payment (or first payment, if no down payment is required) is due pursuant to the set billing cycle as shown on your account. We may not issue you notices or reminders of any upcoming payment dates. The payment instructions are available on our website/app and/or billing statement.

4.3 You have a right to stop payment on your selected credit or debit card by contacting us via the Seena Pay app, or by providing a new eligible card in the Seena Pay app. You must inform us at least 3 business days before your next Installment due date. If your credit or debit card is replaced, canceled, no longer valid, or you wish to use a different card, you must log on to the Seena Pay Platform and provide an eligible card at least 3 business days before your next Installment due date. We may not be able to process your request if we do not receive it in time. It is your responsibility to ensure that, until the last Installment is paid, the credit or debit card you present for payment at the time of purchase, or anytime thereafter, remains valid, is not canceled, and has sufficient available balance or available credit to pay all Installments and to accept pre-authorizations that may be made under this Agreement.

Buy Now Pay Later:

4.5 Cancellation. Any returns or complaints in relation to the goods purchased are handled by the retailer and you will have no rights towards us. Subject to us receiving written confirmation from a retailer to refund an amount payable for the goods purchased by you, we may cancel your installments and refund any payments made towards your purchase .

4.7 Default. Subject to applicable law, which may require that we notify and/or give you a right to cure your default, we may declare you in default for any of the following reasons: (1) you fail to pay any Installment by the due date, and after any applicable grace period; (2) you violate any promise you make to us which significantly impairs your ability to pay or our ability to collect the amounts due under this Agreement; (3) you revoke your consent to electronic communications; or (4) in the event of death or becoming legally incompetent. If you are in default, we can require you to pay the remaining amount you owe us at once, subject to any right you may have to notice of default and to cure such default. We may seek payment of this amount by charging your credit or debit card pursuant to any pre-authorization you provided us under this Agreement.

4.8 Late Payment. In case of late payment, you are obligated to pay additional collection fees from the date you are in default. We may initiate debt collection procedures costs to recover the amount due. These costs will be for your account.

4.9 We can additionally require immediate payment of your total outstanding balance 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 account for collection to an attorney or collection agency.

5. Our Rights

5.1 We may set a total purchase limit for you which will be disclosed on your account when you login at our website or open the app. This limit is the total amount available to you for purchases with retailers and reduces each time when you make a purchase. We may change the purchase limit from time to time at our absolute discretion, based on a variety of factors, including but not limited to your creditworthiness, and payment and transaction history.

5.2 We may deny any transactions for any reason at our discretion. We are not liable for any refusal to honor a transaction on your account.

5.3 By using Seena Pay services, you authorize Seena Pay to coordinate with the retailer, broker, or agent from whom you have made a purchase using Seena Pay, to downgrade or cancel your membership, subscription or any upcoming fulfillment or service. By authorizing Seena Pay to do so, you also authorize Seena Pay's Merchant, broker or agent partner, to liase with their vendors, suppliers and/or manufacturers if applicable, to enforce the aforementioned cancellation and/or downgrade.

5.4 We may at any time, and without notice to you, sell, assign, or transfer your account, any amounts due on your account, your contract with us, or our rights or obligations under your account or these terms to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all our rights and shall assume our obligations under these terms, to the extent sold, assigned or transferred.

5.6 We are authorized to exercise the same rights against you as the retailer may exercise based on the purchase.

8. Dispute Rights

8.1 Any complaints in relation to the goods purchased are handled by the retailer and you will have no rights towards us. Subject to us receiving written confirmation from a retailer to refund an amount payable for the goods purchased by you, we will credit your account balance. In no circumstance will we be required to pay any amount to you that is credited to your account as part of a refund.

8.2 Complaints in relation to us or our services can be submitted in writing through the contact form on our website at Seena Pay.ai or via postal mail with the keyword "complaint" to our registered address as set forth in these terms.

9. Restricted Use and Intellectual Property Rights

9.1 We own, or license from third parties, all intellectual property rights in our website, our app, and in all the material (including all text, graphics, logos, audio and software) made available on our website and app (Content).

9.2 Your use of the services, our website, or app does not grant or transfer any rights, title or interest in them or the Content to you. However, we do grant to you a license to access and use our services as outlined in these terms and, where applicable, as expressly authorized by us and/or its third party licensors.

9.3 Without our prior written consent you must not:

a. use our website or app otherwise than in accordance with these terms and solely for the purpose of using the services;

b. resell or sub-license the use of our website or app;

c. copy or otherwise reproduce our website or app; or

d. modify, adapt, develop, create any derivative work, reverse engineer, decompile, disassemble, unlock or carry out any act otherwise restricted by intellectual property rights in our website, app, or Content.

9.4 Any reproduction or redistribution of our website or app is prohibited and may result in civil and/or criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

9.5 All other use, copying or reproduction of our website or app or any part of it is prohibited, except to the extent permitted by law.

10. Availability and Security

10.1 You are responsible for maintaining the secrecy of the login credentials to your account with us. Please notify us immediately of the loss, theft, or possible unauthorized use of your account via the Seena Pay app.

10.2 If you permit any person to use your account information, login, or other details with the authorization to obtain credit on your 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 purchase limit to be exceeded. You acknowledge and agree that you will not hold us responsible for any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

10.3 We make no warranty that your access to the services will be uninterrupted, timely or error-free. Due to the nature of the internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. Access to the services may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice.

10.4 We may also impose restrictions on the length and manner of usage of any part of the services for any reason. If we impose restrictions on you personally, you must not attempt to use the services under any other name or user or on any other mobile device. It is your responsibility to keep your phone and access to the 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. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the services will not work properly or at all.

10.5 We do not warrant that the app or website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property 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.

11. Data Protection

11.1 We understand and appreciate the trust given by you to handle your personal data. We are fully committed to protecting your privacy.

11.2 We and our affiliates will process your data in accordance with applicable data protection regulations. In order to deliver certain functions as part of the 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.

11.3 We process your personal data for the following purposes:

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

(ii) to send you an invoice via email, text message or push notification;

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

(iv) for marketing and business development purposes; and

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

(vi) to engage debt collection agencies in case of non-payments. You acknowledge that we may share any personal data we hold on you with the retailer where you have bought goods.

11.4 You can request details of your personal information held by us, and request correction in cases where the information is incorrect. We have implemented adequate technical and organizational measures to prevent any unauthorized access or loss of your personal data.

12. Disclaimer and Liability

12.1 We shall not be liable for any damages incurred by you or a third party as a result of any act by us for the provisioning of the services in compliance with these terms. We will not be liable if for any reason all or any part of the services is unavailable at any time or for any period. From time to time, we may restrict access to (some parts of) the services.

12.2 In using our services (including our website/app) to purchase goods from retailers you acknowledge and agree that:

a. your purchase of goods is subject to the retailer’s terms and conditions of sale;

b. we are not agents or representatives acting on behalf of the retailer;

c. the retailer’s terms and conditions of sale, and any policies or promotions are not controlled by us;

d. we make no representation and give no warranty as to the condition, merchantability, or fitness for a particular purpose of the goods sold by the retailer and purchased by you;

e. any claims you may have in relation to goods purchased from a retailer must be addressed directly to the retailer 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 goods from the retailer.

12.3 Without limiting paragraph (f) above, to the extent permitted by law, you indemnify and release us, our officers, employees and agents from and against all 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, the goods purchased from the retailer.

12.4 To the maximum extent permitted by law, we do not warrant or represent:

a. the performance of our website or app;

b. that the use or access to our website or app will be uninterrupted;

c. that 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.

12.5 Our website and app (including any Content) 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 services, and access and use of our website, app, or services is at your own risk.

12.6 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 services, or the unavailability of our website, app, or services.

12.7 To the full extent permitted by law, we exclude all warranties, terms, conditions, or undertakings not stated in these terms, whether expressed or implied, in relation to our website, app, or services (Implied Terms). Where any law implies any Implied Terms into these terms that cannot be modified or excluded, then such Implied Terms will deem to be included. However, to the full extent permitted by law, our liability to you or any third party for any breach of any Implied Terms that cannot be excluded by law, is limited to an amount equal to your transaction amount with Seena Pay.

13. Term and Termination

13.1 These terms represent an agreement you have with us for an indefinite period of time. These terms apply (as amended from time to time) until the agreement is terminated by you or us and can be terminated at any time.

13.2 We may suspend or close your account or otherwise terminate your right to use your account at any time at our absolute discretion.

13.3 If you change your mind about entering into this Agreement, you can terminate it anytime without reason. Your notice of cancellation should be sent to us via e-mail or a call to our customer support team. If you owe us any amounts for transactions when this agreement terminates, you must pay them on or before the due date. Terminating this Agreement does not automatically terminate any other service contract that you have entered in connection with this Agreement.

13.4 Please note that terminating this Agreement will not terminate your purchase agreement(s) with the Merchants. Your rights and obligations in relation to your agreements with Merchants are governed by those agreements and the legislation relating to them. The exercise of the revocation right does not affect any single Transaction, service, and equivalent made using any Seena Pay product until the exercise of the revocation.

13.5 We will retain your information after the closure of your account in accordance with our privacy policy.

14. Miscellaneous

14.1 The provision of the services and all contracts concluded by us are governed by the laws of the Arab Republic of Egypt.

14.2 You irrevocably agree that the competent courts of the Arab Republic of Egypt shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the provision of the services and contracts concluded by us.

14.3 These terms contain all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing.

14.4 If any of these terms should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

14.5 Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later.