Terms and conditions
By using the services of
Dgayeg pay, registering for or logging in on your account at dgayeg.org or
downloading and installing our app, these terms will automatically apply to you
– you should make sure therefore that you read them carefully before using the
services. You should print a copy of these terms and conditions for your
records. If you do not agree with these terms and conditions, you should cease
use of the services immediately. We reserve the right to change these terms of
conditions at any time without notice to you by updating the app and web-based
account to incorporate the new terms of use. Any changes to the terms around a
specific payment will be subject to prior notice to you. You are responsible
for regularly reviewing information posted online to obtain timely notice of
such changes. Your continued use of the services after changes are posted
constitutes your acceptance of the amended terms and conditions. The service is
operated by dgayeg company , registered in jeddah, KSA
(and we refer to ourselves as "we", "us" or
"our"). We own and operate the services, our app and dgayeg.org on
our own behalf.
1. The services
1.1 If you have applied for an account with us
and we have approved you, you will be able to use pay 14 days after delivery or
in installments 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 use of pay 14 days after delivery or pay
in installments. In this case you have placed an order and have chosen to pay
via 14 days after delivery or pay in installments. This choice does not
immediately result in an agreement with the retailer and us that you can pay
via pay 14 days after delivery or pay in installments. We explicitly reserve the
right to decline your application without giving reasons for doing so. This
depends on the result of the review of your data.
1.3 We will pay the merchant on your behalf for
the goods or services you purchase and you agree to repay such amounts to us in
accordance with these terms and conditions.
1.4 It is important to note that benefits that
may be offered by your bank or credit card issuer with respect to purchases of
goods and services from retailers may not be applicable to transactions made
through us and we do not represent or warrant that any purchase protection,
extended warranty, or other such benefits offered by such third parties will be
available to you if you make purchases through our services.
1.5 Note that you must be qualified to use
our services. Whether you are qualified 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 merchant's account history, or any other reason
and your fulfillment of the following conditions:
- You are living in the KSA and have provided your complete address;
- You are 18 years of age or older;
- You have provided all your information, in order to make use of our services,
as necessary for the execution of the agreement and your choice to pay with 14
days after delivery or in installments; and
- You declare that any payment obligations arising from your order will be
fulfilled by you to us, entirely and in a timely manner.
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.
2. Applicable Fees
2.1 No additional fees are charged unless stated
otherwise.
3. Information provided by you or us and credit checks
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 address or phone
number that you provide to us belongs to you. You must notify us promptly when
you change your address or any phone number.
3.3 By using the services, you give us
permission to investigate your credit record and obtain your credit report in
connection with the review of your application for the right to use our
services. 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 for bookkeeping reasons. By accepting these terms
you agree that we may use this data in order for us to display these
transactions to you, and by doing so, allow us to use it for this additional
purpose.
4. Payment options
4.1 Before completing any transaction on your
behalf through the services, we will secure your promise to pay by disclosing
the terms and conditions applicable to that transaction (as set forth herein)
and securing your affirmative consent to those 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 button indicates
that you do accept those associated terms and this Agreement. You also promise
to pay us all the amounts of any fees and any other transactions charged to
your account.
4.2 PAY LATER: Payment is due within 14 days
after placing an order as shown on your account. The payment instructions are
available on our website/app and/or billing statement. If the payment term
expires, the amount owes is immediately claimable and you shall be in default
by operation of law without having to receive any required notice of default.
You will incur additional costs and from the date you are in default, we are
entitled to charge late fees. We may initiate debt collection procedures and
incur (extra- judicial) costs to receive the payment due. These costs will be
for your account. We do not offer interest based loans, however, you may incur
certain account fees if your payments are not made timely.
INSTALLMENTS: You acknowledge that a down
payment may be required as determined by us in which case the first instalment
will be immediately due and must be paid before you are accepted to pay in
instalments. Every subsequent (or first if no down payment is required) payment
is due pursuant to the set billing cycle as shown on your account. The payment
instructions are available on our website/app and/or billing statement. If the
payment term expires, You shall be in default by operation of law without
having to receive any required notice of default. We may initiate debt
collection procedures and incur (extra-judicial) costs to receive the payment
due. These costs will be for your account. We do not offer interest based
loans, however, you may incur certain account fees if your payments are not
made timely. If you make another purchase with us according before your
previous purchase is completely repaid, we will recalculate your balance with
us, and set forth new installments of a higher monthly installment amount.
4.3 You may use one of the acceptable methods of
payment to make transactions to pay your account as payments become due or to
set up automatic scheduled account payments. Any such payment methods must be
issued to you and be valid. We may determine the acceptable methods of payment,
and may discontinue accepting any particular payment method at any time, from
time to time, for any reason, as permissible by law. In the event you use a
credit card or other payment that are reversible, you hereby waive any rights
to make such chargebacks or reversals. You may at any time pay, in whole or in
part, the total unpaid balance without any additional charge for prepayment
(however subject to the payment method chosen as set forth under clause 2.1).
We may delay making credit available on your account in the amount of your
payment even though we will credit your payment when we receive it.
4.4 If you are in default, then in addition to
our other remedies under these terms and conditions, we may charge late payment
fees of 15 Reyal 1 day after missed payment;
additional 30 Reyal 14 days after the missed payment;
additional 30 Reyal 28 days after the missed payment.
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.
4.5 We may choose to accept late payments,
partial payments, or payments with any restrictive writing without losing any
of our rights under these terms and conditions, including the right to charge
prolongation fees as may be notified to you.
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, on the basis of a variety of factors, such as
your creditworthiness and payment/ 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 or
your account.
5.3 You will be in default of these terms and
conditions if you fail to make any required minimum payment due by its due date
or you fail to abide by any other term of these terms and conditions. We
reserve any rights as provided to us by law or under these terms and agreement.
5.4 By using the services of Dgayeg, you authorise Dgayeg to coordinate
with the Merchant, broker, or agent from whom you have made a purchase using Dgayeg,
to downgrade or cancel your membership, subscription or any upcoming fulfilment
or service. By authorising Dgayeg
to do, you also authorise Dgayeg’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.
5.5 We may at any time, and without notice to
you, sell, assign or transfer your account, any amounts due on your account,
this Agreement, or our rights or obligations under your account or this
Agreement to any person or entity. The person or entity to whom we make any
such sale, assignment or transfer shall be entitled to all of our rights and
shall assume our obligations under this Agreement, 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.
6. Dispute Rights
6.1 Any complaints in relation to the goods
purchased are handled by the retailer and you will have no rights towards us.
In the event the retailer accepts to perform a refund, we will facilitate this
and update your account balance.
6.2 For any complaints against us, the
information provided on our website applies. Complaints in relation to us or
our services can also be submitted in writing through the contact form on our
website at Dgayeg.org or via postal mail with the keyword "complaint"
to our registered address as set forth at the top.
7. Restricted Use and Intellectual Property Rights
7.1 We are offering you the services to use for
your own personal use, and you should be aware that you're not allowed to copy
or modify (any part of) the app or website or our trademarks in any way. You
may not use the services for business or commercial purposes.
7.2 You agree to comply at all times with any
instructions for use of the services which we make from time to time. You're
not allowed to reproduce, duplicate, copy, re-sell the services (or any part of
it) or attempt to extract the source code of the software applications.
7.3 The app and website and all the trade marks,
copyright, database rights and other intellectual property rights related to
it, still belong to us. You shall not in any way use the services or submit
anything through the services which in any respect: (i)
is in breach of any laws or regulations of any applicable jurisdiction; (ii) is
fraudulent, criminal or unlawful; (iii) is inaccurate or out-of-date; (iv)
impersonates any other person; or (v) is contrary to any specific rule or
requirement that we stipulate on the services. You agree not to access without
authority, interfere with, damage or disrupt any part of the services.
7.4 As between you and us, we are the sole and
exclusive owner or the licensee of all intellectual property rights in the app,
the website, and in the material published on it.
8. Availability and Security
8.1 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
at help@dgayeg.org
8.2 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.
8.3 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 function. 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.
8.4 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's 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 won't work properly or at all.
8.5 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.
9. Data Protection
9.1 We understand and appreciate the trust given
by you to handle your personal data. We are fully committed to protect your
privacy. In this section, we explain which data we collect in the course of our
services, why we collect such data and how we process these. This will ensure
that you understand how we operate.
9.2 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.
9.3 We process your personal data for the
following purposes: (i) to perform a credit check on
you; (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.
9.4 You can always request insight in your
personal data 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.
10. Disclaimer of Warranty
10.1 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 the terms and conditions. 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.
10.2 Your use of the services, its content and
any services or items obtained through the services is at your own risk and
responsibility. we make no representations about the services obtained, the
suitability of the information contained therein for any purpose. the services
are provided "as is" without warranty or representation of any kind,
including – but not limited to - the completeness, security, reliability,
quality, accuracy or availability of the software. without limiting the
foregoing, we do not represent or warrant that the services or content obtained
through the app will be accurate, reliable, error-free or uninterrupted, that
the software or the server that makes it available are free of viruses or other
harmful components or that the software or any services or items obtained
through the software will otherwise meet your needs or expectations. we hereby
disclaim all warranties of any kind, whether express or implied, statutory or
otherwise, including but not limited to any warranties of merchantability, non-
infringement and fitness for particular purpose. the foregoing does not affect
any warranties which cannot be excluded or limited under applicable laws.
11. Indemnification
11.1 You agree to indemnify, defend and hold us
harmless, its affiliates, and its and their respective officers, directors,
employees, agents, representatives, successors, and assigns from any and all
claims, debts, losses, liabilities, demands, obligations, costs, expenses
(including reasonable attorneys' fees), fines, penalties, actions and causes of
action, judgments (collectively, "Losses") and threatened Losses
arising from or in connection with your use of the services or violation of
these terms and conditions.
12. Liabilities
12.1 While we endeavour
that the services are normally available 24 hours a day, we accept no liability
if, for any reason, the services are unavailable or for your (inability to) use
thereof. Provision of the services may be suspended temporarily and without
notice in the event of system failure, maintenance or repair, or for reasons
beyond our control.
12.2 We shall not be liable for any damages
arising out of your use of the services, except in the event of wilful misconduct, fraud or gross negligence. We are never
liable for consequential damage, business damage, indirect damage, loss of
profit or loss of revenue. If we, for whatever reason, are obliged to
compensate any damage, the compensation shall never exceed an amount equal to
the invoice value of the product or service which caused the damage.
12.3 You hereby release us from all claims,
demands, and damages of any kind and nature, direct and indirect, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of,
or in any way, connected with any disputes arising between you and the
retailer, or between you and other third parties.
13. Term and Termination
13.1 This agreement is concluded for an indefinite
period of time. It applies until it 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. We may e may do this at any
time and for any reason.
13.3 You may close your account at any time by
contacting us at help@dgayeg.org
13.4 Upon account closure, we will cancel any
pending transactions unless otherwise legally prohibited. If you owe any
payment, we will not close your account until that payment has been made, but
we may limit your ability to make additional transactions using your account.
You may not close your account to evade an investigation. You will remain
liable for all obligations related to your account even after the account is closed.
we will retain your information 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 KINGDOM OF SAUDI
ARABIA
14.2 These terms and conditions 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.
14.3 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.
14.4 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.
Dgayeg telecom and IT
company
JEDDAH, SAUDI ARABIA