Terms And Conditions

Madfu Terms & Conditions

Effective Date 19/11/2023

Preamble: 

Madfu Company Limited،, a limited liability company, CR No (1010747077), registered at Riyadh, Kingdom of Saudi Arabia, referred to hereinafter (We or Company or Madfu or the Platform” Company licensed by the Central Bank of Saudi Arabia to practice the Buy Now Pay Later (BNPL) activity through Madfu Electronic Platform or Madfu Application or the electronic or actual stores, which enable payment through ("Madfu Channels").   The role of Madfu confined in facilitating the payment of the purchase operations concluded by the individuals and the stores and does not extend to the responsibilities of the individuals or the stores towards each other. Madfu Platform is not a store and is not responsible for the accurateness of the information stated by the stores or the validity of the products or the services provided by the participating stores. Moreover, Madfu Platform is not an entity for investigating the information or the identities of the individuals benefiting of the service. In all cases the stores and the individuals shall solely bear the responsibility connected with the purchase operations performed at the Platform between them.

Whereas, you are intending to use the services provided by Madfu, you are acknowledging and agreeing, upon accessing or using any of Madfu services or registering a user account, that you have accessed these Terms and Conditions, understand thereof and agreeing to comply with the obligations therein stated; and you consider the Terms and Conditions an obligatory agreement concluded by the Parties according to the following:

 (1) Importance of the Preamble:, 

The above preamble is considered an integral part of this Agreement, complementing thereof and shall be interpreted accordingly.

 (2) Parties to the Agreement:

1/2 This Agreement constitutes a contract concluded by and between Madfu and every person utilizes or accesses Madfu Services (“Beneficiary) through any of Madfu Channels.

2/2 The merchant from whom the Beneficiary purchases goods or services through use of Madfu Services shall not be considered a party to this Agreement. Any applicable conditions between the merchant and the Beneficiary or between the merchant and Madfu are considered independent conditions, separate from this Agreement.

 

 (3) Definitions: 

For the purpose of implementing this Agreement, the following words and expressions, wherever stated in this Law, shall have the meanings stated against each, unless the context otherwise requires:

3/1 The Agreement: It means the Terms and Conditions stipulated in this Agreement including the Privacy Policy of Madfu and any amendments thereon, from time to time, and any other terms and conditions to be referred to as part of this Agreement.

3/2 Company or Madfu: Means Madfu Company ltd., CR 1010747077, registered at Riyadh, Kingdom of Saudi Arabia (Madfu)”, referred to as “We”) or “Company” or any similar term in this Agreement.

3/3 Beneficiary: A natural person who uses any of Madfu’s services to complete a purchase transaction with any of the participating merchants. Such person may be referred to as “You” or any other similar pronouns in this Agreement.

3/4 Merchant or Participating Stores: Any electronic store, applications or physical stores, which provide the Payment Services via Madfu or the stores presented in Madfu Platform, on which merchants present goods  , services and their own products and others, pursuant to the agreement they signed with Madfu. 

3/5 Madfu Channels: Means the instrument provided by the merchant to the Beneficiary to enable the Beneficiary to select Madfu as the method of payment, which include, but not limited to, the barcode shown in the invoice, which transfers the Beneficiary to the payment page of Madfu.

3/6Website: The website of Madfu WWW.MADFU.COM.SA.

3/7 Application: Madfu Application at (Apple App Store) or (Google Play Store) or any other operation system in which Madfu Application exists.

3/8 Madfu Account: The account created by the Customer for use of Madfu Payment Services in accordance with the terms and conditions stipulated in this Agreement.

3/9 Madfu Portfolio: An electronic financial portfolio connected with your account at Madfu, in which you may deposit any amounts or use for payment of your purchases from the Participating Stores.

3/10 Madfu Payment Services: Facilitating the credit payment procedures for the individuals by payment in whole or by installments.

 4. Beneficiary Acknowledgment:

4/1 The Beneficiary declares that he has the full legal capacity, which enables him to conclude this Agreement in accordance with its terms and conditions and that he has the legal authority to open the account or to use other Madfu Services.

4/2 The Beneficiary declares and acknowledge that the access to Madfu Platform or use of any of its Services or pressing “consent” on the Terms and Conditions stipulated herein, is considered an acknowledgment of concluding this Agreement electronically between him and Madfu in accordance with the laws applicable in the Kingdom of Saudi Arabia.

4/3 The Beneficiary acknowledges his complete responsibility for reviewing, regularly, the information published on our Application or our Website and shall review this Agreement regularly prior to use of any Madfu Services. Continue using these Services, indicates the consent of the Beneficiary of the Terms and Conditions and any amendments thereon.

4/4 The Beneficiary acknowledges and agrees on updating the information of his account with us and their accuracy. He acknowledges also that any residential address or email or mobile number he provides us represents the current address of the Beneficiary. The Beneficiary shall be responsible for notifying Madfu, immediately, of any change in the above-mentioned information. Madfu has the right to request updating the أ Beneficiary’s data or to request additional data, whether from the user or any other parties including but not limited to (SIMAH)

4/5 The Beneficiary acknowledges that he shall pay all his financial obligations resulting from his purchase transactions according to the payment conditions agreed upon on the time of purchase       .

4/6 The Beneficiary acknowledges that the Company has the right, at any time, without the need for notifying him, to sell or assign or transfer the title of his account or any due amounts in his account or his contract with Us or any of his rights and obligations towards Us pursuant to his account or under these Terms and Conditions to any other person or entity.

 

(5) Registration and creating an account:

5/1 In order to benefit from Madfu Services, you should first complete the registration data in Madfu Account and open a Madfu account according to the requirements stated in the Registration Page.

5/2 The Beneficiary shall provide his data according to the requirements of the Saudi Central Bank (Know Your Client) , which include the full name, national ID, number of Residence Card in the Kingdom of Saudi Arabia, national address, email, telephone number, age and any other information required by Madfu from time to time or stipulated by the applicable laws. The Beneficiary acknowledges the validity of the provided information and bear the responsibility of any error in the information and undertakes to save and use the information in accordance with these Terms and Conditions and Madfu Privacy Policy provisions. 

5/3 The Beneficiary authorizes Madfu to acquire any required or need information from the Saudi Credit Bureau (SIMAH).  The Beneficiary consents also that the Company may disclose his personal information and the information of his account or any other account to the Saudi Credit Bureau (SIMAH) based on the concluded membership agreement and the approved Business Rules concerning exchange of information and/or to any other entity approved by the Saudi Central Bank (SAMA).

5/ 4 The Beneficiary shall bear the full responsibility for any activity operated in his account at Madfu, and the Beneficiary may not transfer the account or let third parties to use thereof. The Beneficiary shall keep and protect the password of his account in Madfu and shall inform Madfu promptly in case of loss or theft of the password or if he thinks that his account has been accessed by a third party in an authorized manner. The Beneficiary shall bear the responsibility of any transaction taken in his stolen account unless, he notified Madfu to terminate the account and receiving a letter from Madfu confirming termination of the account. 

(6) Provided Services:

6/1 Madfu provides full payment services of the transactions via Madfu Portfolio, Purchase Installment Services and Payment Services through the payment means provided by third parties such as: Madfu, Master Card, Visa and others. These services may be utilized directly through Madfu Platform - whether via the website or the application - and may also be used through the participating electronic or actual stores.

6/2 The Purchase Installment Service provided by Madfu enables you to purchase goods or services from the participating stores in accordance with the Payment Terms and Conditions, determined by Madfu during the payment process. We shall have the right to determine a maximum limit for payment by the Purchase Installment Service. This limit is the total amount available for you for the purchase transactions through installment according to your credit assessment at Madfu and the Saudi Credit Bureau (“SIMAH”). We have the right to adjust the total limit of payment whether by increasing or decreasing thereof according to our own discretion.

 (7) Payments

7/1 Pursuant to this Agreement, you acknowledge, consent and authorize Madfu to withdraw the agreed upon amounts of installation - including the down payment- for each purchase transaction conducted through use of the Purchase Installment Service from your portfolio at Madfu, bank card or credit card recorded in your account at Madfu on the maturity date.   You acknowledge that you are responsible for confirming that your portfolio or your credit card or bank card includes the amounts required for payment of your indebtedness.

7/2 Pursuant to this Agreement you acknowledge, consent, and authorize Madfu to deal with other parties in connection with the payment services. Madfu does not store the data of the credit cards on its system. Madfu shall not be responsible in case of occurrence of any problems from other parties in connection with payment of the due amounts or others. Madfu does not impose any fees for dealing with other parties (unless such has been provided for).

7/3 Pursuant to this Agreement, you acknowledge that you understand and bear all probable consequences for using the Credit Payment Service contrary to the agreed upon conditions; and you agree that Madfu has the right, in case of your delay or default of payment, to notify SIMAH and to prevent you from using your account in Madfu or to limit such use, and you shall remain in all cases, responsible fully for the amounts due to be paid to Madfu.

7/4 Pursuant to this Agreement, you acknowledge that, although the Company may assist you, as far as possible, in redemption of your payments and returning money from the stores, sometimes, but this role does not represent any obligation by Madfu for redemption of the disputed value of the payments with the merchant.

7/5 Madfu may accept or reject any purchase application through the use of its services according to its own discretion and will notify the Beneficiary of the rejection of the purchase. 

7/6 Madfu may withdraw its acceptance on any approved purchase transaction, at any time, if there is any suspension of the occurrence of a fraud or in case of dispute or for any reasons stipulated herein. The acceptance of Madfu may be withdrawn automatically if any of the sale conditions have been altered by the merchant in any approved purchase transaction, without the consent of Madfu.

7/7 The Company may suspend the services of the Beneficiary and prevent him from accessing the Website or the Application or his services or others or may restrict the access or limit thereof, if Madfu has any doubts that any of the provided information or data are not correct or not accurate or incomplete or not updated, or in case of suspicious money laundering or any suspicious transactions. In case of any suspected fraud or misuse of Madfu systems, the Company may conduct investigation processes or may seek the assistance of a third party for this purpose without prejudice to any other rights or remedies secured for Madfu under these Terms and Conditions or under other laws and regulations.

7/8 In all cases, you should pay immediately the due balance for Madfu in case of any default in payment of any other amounts due to Madfu.

7/9 Madfu may deal with third parties for the sake of collection in case of the default of payment by the Beneficiary, including but not limited to the parties which practice debt collection or debt purchase. 

7/10 Madfu will exempt and relief you from payment of any amounts due to Madfu in case of decease or total inability within thirty (30) days, maximum, from the date of receipt of the documents evidencing such. Madfu shall also return any excess amount deducted starting from the date of death or total inability. This exemption shall not include the following: 

7.10.1 If the beneficiary intentionally injured himself or attempted committing suicide, whether he is sane or mentally ill.

7.10.2 Natural disasters 

7.10.3 Decisions of courts or concerned judicial authorities according to the laws applicable in the Kingdom of Saudi Arabia. 

7.10.4 Drinking alcohol or taking drugs or illegal medicines. 

7.10.5 Participating or training on any sport or dangerous competitions such as horse racing or auto racing.  

7.10.6 Death or injury resulting from the nature of work. 

 

(8) Offers and Rewards:

8/1 The Company may decide to make promotional offers, from time to time, for some or all stores, through offering incentives for making purchases from some stores or all the stores or to activate the Platform in case of approval of the participating stores. The rewards and incentives may include redemption of part or all the purchase amount, performed through Madfu Services or by depositing some amount in the portfolio of the Beneficiary. The Beneficiary acknowledges that these rewards and amounts cannot be changed into cash and may have certain time limit determined by Madfu.

8/2 Special terms in cashback for your MADFU wallet:

8.2.1 The beneficiary acknowledges that cashback is obtained on completed orders only, excluding VAT value, service fees and point of sale.

8.2.2 The beneficiary acknowledges that the cashback in his wallet with MADFU is not subject to payment of his obligations to MADFU, and the use of the cashback is limited to when making a new purchase through MADFU services only.

8.2.3 The beneficiary acknowledges that MADFU has the full right to collect the installment amount from his own wallet with Madfu’ if he is late in paying the installment for a period of three days from its due date.

8.2.4 The beneficiary acknowledges that the validity of the cashback in his/her MADFU wallet is (6) six months, and a MADFU is entitled at its absolute discretion to modify the validity period from time to time.

8.2.5 MADFU has the right, in its absolute discretion, to set a maximum limit on the cash back value.

8.2.6 MADFU reserves the right not to add the value of any cashback earned or to delete any cashback accumulated on your wallet, If you misuse MADFU services.

8.2.7 MADFU reserves the right, in its absolute discretion, not to activate cashback on purchasing transactions for a selected category of merchants.

8.2.8 Cashback has a cash value; It can only be redeemed in the form of a credit added to your wallet.

8.2.9 We may amend the conditions set forth in this clause (8/2) or cancel your cashback at any time provided that we inform you accordingly in accordance with the notification conditions set forth in this Agreement.

(9) Confidentiality and Data Protection:

The Company uses the personal information of the Beneficiary in the way explained in the Privacy Policy, which is considered an integral part of this Agreement, and as explained in more details in such Policy. Upon use of Madfu Services, you acknowledge and agree that Madfu shall collect and use your personal information according to the Privacy Policy or this Agreement or any amendments thereon. 

 (10) Limits of Responsibility:

10/1 Madfu is an independent portal and does not participate in the transactions concluded between the Beneficiary and the merchant or in the other related participation transactions. Therefore, Madfu does not bear any responsibility in any way for anything connected with the merchants and does not have any responsibility for any fault connected with the merchants’ products or their make, trademark, credibility, efficiency, uniqueness, availability, or legality.

10/2 The merchants shall be considered as third parties to this Agreement and independent services providers and only contractors with Madfu and shall not be considered as its employees or representatives or agents. Moreover, Madfu does not perform the functions by itself, but only operate the credit payment through its electronic Platform.  The merchants shall bear the full responsibility of all the transactions carried out between them and the Beneficiary or the other related transactions.   In the event of any dispute between any parties to these transactions, each of the Beneficiary and the merchants undertake to release Madfu of any responsibility resulting out of or connected with any disputes between the parties.   They undertake also to release Madfu (and its agents and employees) from any claims, demands, responsibilities and remedies of any type or nature, whether known or unknown, which will arise out of or connected with such disputes in any way.

10/3 Upon approval of this Agreement you acknowledge your understanding and awareness of the possibility of occurrence of risks or errors from the merchants or the service providers or third parties, and therefore, use of the Services will be absolutely on the responsibility of the Beneficiary and according to his discretion, without any liability on Madfu towards the Beneficiary.

10/4 Madfu will not be liable to You or to any other person, for any damages that may occur whether direct or indirect, contingent, special, penal, punitive, or consequential, even if you have informed Madfu of the possibility of the occurrence of such damages.  Moreover, Madfu will not be liable for any damages or obligations or losses that you may incur, or that will result from your use of or depending on the Services or from your being unable to access the Services or to use thereof or from any transaction or relation between You and any merchant, even if Madfu has received information indicating the possibility of the occurrence of such damages.    Madfu also, shall not be liable for any delay or default in the execution.  Madfu also, bears no responsibility in case the merchant has no professional license or specialty permit of such business. 

10/5 The Services will be provided as presented and as available.  Madfu will be completely exempted and released of any and all explicit, implied or legal representations or guarantees that are not included, explicitly, in these Terms and Conditions, such as the implied guarantees of the merchant’s capabilities or the adequacy of its services for any specific purpose and its non-violating thereof.  Madfu does not provide any representation or guarantee about the credibility of the services or the goods or their quality, durability, availability, or their original owner or for any other services ordered through Madfu Services. Madfu does not guarantee the continuation of the services or not being interrupted or their lack of faults. Therefore, you acknowledge and accept to bear the full responsibility for using any of Madfu Services to the maximum limit permitted by the applicable law.

10/6 Madfu will not be liable for any delay, obstruction, or default in providing the Services, if such is caused by a force majeure event or alike, which are not under our control and prevent or hinder provision of services.

10/7 You acknowledge and agree, pursuant to this Agreement, to release Madfu Company and any of its affiliates, officials, directors, employees and agents from any and all claims or responsibilities, damages, losses, expenditure or remedies, including but not limited to attorneys or accountants’ fees arising out or connected with any of the following:

10/7/1 Accessing Madfu account or Madfu Payment Services or their use or non-ability to use thereof.

10/7/2 Any negligence or misconduct from your side.

10/7/3 Your breach of any applicable law.

10/7/4 Your failure to provide correct, accurate, updated, and complete information in connection with your Madfu account or maintaining thereof.

10/8 In case of not accepting any of these Terms and Conditions, you should not access the Website and not to use any of Madfu Services.

 

 (11) Intellectual Property Rights:

11/1 The content of the Website or the application of Madfu represents intellectual Property Rights of Madfu or its licensors. This content is under protection by the copyright, trademark rights, patents, and other intellectual Property Rights; including but not limited to designs, logos, images, audio and video clips, programming, electronic codes and all other data in the Platform.

11/2 The Beneficiary or any visitor to Madfu Platform shall not use any trademark or any intellectual Property Rights pertaining to Madfu as part of the Services. It is prohibited to reproduce or amend or make any editing or publication process or any execution or transmission, presentation, broadcasting, or other method of exploitation of the Services unless approved by Madfu or permitted in written by Madfu. It is strictly prohibited to disassemble, reverse the engineering, or reconfigure the Services or link any part of the Services to any reflective system or framing thereof, or creating any software or scripts for the purpose of removing, indexing, erasing, or otherwise making use of any part of the Services or extracting data therefrom. It is also prohibited to load the operation process or the functional work of any form of the Services or load with undue loads, or obstructing them, or attempting to gain access without permission, or harming the Services or their associated systems or networks

 

(12) Variation or amendment of the Agreement:

12/1 MADFU shall have the right, after notifying the Beneficiary for a period of not less than 15 days, to amend or vary or add to or remove any of the provisions of this Agreement at any time to time without obtaining the Beneficiary's consent. The beneficiary's Continuation to use the Services, subject of this Agreement by the Beneficiary shall be deemed as an acceptance of any variation in this Agreement.  

12/2 The Beneficiary shall have no right to assign any of the rights and obligations stated herein without prior written approval of the Company.

12/3 Madfu may not assign this Agreement to a third party without obtaining the approval of the Beneficiary.

(13) Term and Expiry Date:

13/1 The provisions of this Agreement shall come into force on the time the Beneficiary accesses Madfu Platform through any of Madfu’s channels and shall apply to any procedure conducted by the Beneficiary while accessing the Platform.

13/2 The Beneficiary may terminate this Agreement at any time through ceasing to use Madfu Platform completely; however, any obligations of the Beneficiary existing prior to the termination shall remain valid subject to this Agreement.

13/3 MADFU has the right to terminate MADFU services and this agreement for any reason and at any time after notifying the beneficiary for a period of not less than 15 days. The beneficiary acknowledges and agrees to terminate this agreement with or without cause, with no obligation to notify him of the reason for terminating the agreement without any obligation on MADFU behalf towards beneficiary.

13/4 The Beneficiary may request closure of his Madfu account at any time by following the instructions stated in the Website or the Application, if there is no amount due to the Company related to Madfu Payment Services. The Beneficiary shall be responsible for all the obligations related to his account even after the closure of the account.

(14) Addresses for Communication and Notices:

14/1Upon creating an account, you acknowledge and agree that you will communicate with us electronically and therefore you agree to receive regular messages from Us and Madfu Team will communicate with You via the email or may send you information by SMS and may publish notifications on the Website as part of the regular work administration connected with your use of the Services. You acknowledge and agree that your decision not to use the mentioned communication means, may affect your use of the Services.

14/2 All notices and other communications pursuant to this Agreement shall be in writing addressed to the email of the Company stated in the Website.

 14/3 The Beneficiary undertakes to notify Madfu promptly of any change in his email or any other communication information provided to Madfu.

15. Applicable Law:

These Terms and Conditions and the Policies stated in this Agreement shall be subject and construed according to the laws applicable in the Kingdom of Saudi Arabia.

16. Dispute Settlement:

Any dispute or conflict or claim arising out or connected with this Agreement, or its violation, termination or revocation shall be resolved by the court or the competent judicial committee in the city of Riyadh, Kingdom of Saudi Arabia.

17. Entire Agreement:

This Agreement together with any amendment thereto and any additional agreements connected with the use of the Platform or the Services, conclude the whole agreement between You and Madfu.

18. Contact Information:

If you have any enquiries connected with this Agreement or Madfu Platform, please visit “Help” page, where you will find your contact details.

 

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