CashNow Terms OF USE

1. YOUR AGREEMENT

We agree to lend you and you agree to borrow from us under the terms set out in the CashNow Credit Agreement and the CashNow Terms of Use set out below.  You should read the terms below carefully because it sets out the basis on which we agree to provide you with the CashNow products which may be offered or made available to you via the CashNow application (the App ) together with your creation and use of your CashNow Account (your Account ).

2. CONTACT

If you have any questions about this Agreement, the App, the Website or our CashNow Privacy Policy, please visit our   FAQs   or if the answer is not there, please get in touch with us via the App or by emailing us at   {{service_mail}}.

 

3. ELIGIBILITY

 

The CashNow product allows you to buy on credit goods or services offered in-store by participating merchants. [In order to apply for the CashNow product, you must have a PayBy Account with PayBy Technology Projects LLC ( PayBy ). If you do not have an existing PayBy Account, we will instruct PayBy to register one for you.] You must also demonstrate that you continue to satisfy our Account eligibility requirements by providing correct and up to date information.  

To be eligible for the CashNow product, you must:

               Age: be at least 18 years of age or higher based on the age of majority in your jurisdiction.

               Location: be a resident of The United Arab Emirates (the UAE ).

               Amounts outstanding: not owe us, including as a result of entering into this Agreement, more than AED 5,000.

 

We will also obtain credit reports and other information in respect of your employment and income to allow us to assess your creditworthiness. For more information on how we use the personal data you provide us to provide credit under this Agreement, please read our CashNow Privacy Policy.

 

4. USING THE CASHNOW APP

Once we have approved your application, we will fund your PayBy Account or Bank Account with the amount of the credit. You will then need to pay us back, on the terms set out above, by sending the money to CashNow directly or crediting your PayBy Account with the required instalment amounts. If you authorize PayBy to auto-deduct from your PayBy Account, we will collect the payment automatically from PayBy. If you choose auto-deduct you must ensure that on each instalment payment date, there are sufficient funds in your PayBy Account to fulfil your obligations. If you opt for manual repayment, you will need to manually credit your PayBy Account with the requisite funds on or before the payment date using the online repayment process.

You can keep track of your repayment obligations under this Agreement on the App.

 

5. PAYING OFF YOUR BALANCE

You agree to pay the Total Amount Payable by the instalments and at the times specified in this Agreement. All instalments must be paid in the manner specified under condition 4.

It is essential that you make all payments in full and on time. If you miss a payment, you will be charged default interest and fees from the due date until the actual date of payment at the rate specified in this Agreement. Your credit score could also be affected, making it more difficult or more expensive to borrow money in the future.

 

6. COLLECTION

In connection with applying for a CashNow product, you authorize us to send messages or make telephone calls to the contact number provided through the App for the sole purpose of reminding you about your repayment obligations. You also authorize CashNow to contact your emergency contact on the number provided through the App should you not be contactable. Any personal data provided to us for these purposes will be handled in accordance with our Privacy Policy. 

 

7. CHANGING THIS AGREEMENT

We can make updates to this Agreement at any time. We will give you at least thirty (30) days notice of any intended changes to the terms via email or the App. If you do not accept the updated terms, you may end this Agreement by repaying any outstanding amounts under this Agreement without any break costs. To do so, please write to us at {{service_mail}} within sixty (60) days of being notified about the change.

 

8. ENDING THIS AGREEMENT

You can terminate this Agreement at any time and for any reason by giving us written notice by email. We can also terminate this Agreement at any time and for any reason by providing you with sixty (60) days written notice.

We can end the Agreement and demand you pay the full amount due if you regularly or seriously breach the terms of this Agreement or any other agreement you have with us. We will give you an opportunity to put right any breach that you can fix. Serious breaches of the Agreement would include:

               you made false or misleading statements when applying for this Agreement or any of our other products;

               we suspect you are using the amounts advanced under this Agreement for criminal or fraudulent purposes;

               we suspect someone has applied for the CashNow product without your authority;

               we do not have sufficient information to service this Agreement, including up to date information;

               we identify that you are no longer eligible for the CashNow option (e.g. you have moved outside the UAE);

               your behaviour towards our staff makes it difficult for us to deal with you;

               you do not accept any updated versions of this Agreement;

               you do comply with your payment obligations under this Agreement;

               you go into bankruptcy, enter into an individual voluntary arrangement, have a debt relief order or trust deed lodged against you or enter into any other form of analogous circumstances;

               you die;

               we are required to end the Agreement by law.

9. MAKING A COMPLAINT

If you would like to complain, please get in touch via the App or write to us at {{service_mail}}. You will find our complaints handling process on the App/Website.

 

10. NOTICES

We may at any time communicate with you via the App or using the email address or contact information you have provided to us.  We may send you statements, documents, notices and letters by email using the email address linked to your Account.  It shall be deemed effective service if we contact you using the contact information provided to us.

Tell us straightaway if you change your name, address or any of your contact details (including mobile telephone number or email address). If you do not, we will continue to use the details you last gave us. We will not be responsible if we cannot contact you, or if we send confidential information using out of date contact details.

Any notice you are required to give us under this Agreement should be sent to   {{service_mail}}.  

11. LANGUAGE

This Agreement was prepared in English and therefore the default language is English. Should you wish to access the Agreement in a different language, please update the language setting on your device (for example via the settings on the App) to the preferred language. Please note that not all languages are available and should there be any discrepancies or differing interpretations or meanings between the English version of the Terms and any translation, the English Terms shall prevail.

12. OTHER USEFUL INFORMATION

               Assignment: You may not transfer your rights or obligations under this agreement. We may transfer the rights and duties we have under this agreement to another lender or company in the future.

               Force majeure: We will not be liable if we break this agreement due (directly or indirectly) to:

               abnormal and unforeseeable circumstances outside our control, the consequences of which would have been unavoidable. This could include the failure of any machine, data processing system or transmission link or delays and failures due to industrial action; or

               our obligations under applicable law.

               Waiver: If we allow you more time to make a payment or choose not to enforce any terms and conditions under this Agreement, we will be able to apply them again at any time.

               Purpose: You must not use your account for business or illegal purposes.

               Third Parties: except as stated or contemplated herein, the Agreement does not give any third party any rights.

               Severance: if any provision of the Agreement is deemed illegal, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other terms of this Agreement and shall not affect the validity and enforceability of the remaining provisions.

13. DISPUTE RESOLUTION AND GOVERNING LAW

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, please see the following as to how it can be resolved and what laws will apply.

Unless expressly required otherwise by law, this Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the United Arab Emirates.

We both agree that the courts of the United Arab Emirates shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or the subject matter or formation.