Terms and Conditions

TERMS AND CONDITIONS OF USE

INTRODUCTION

These terms and conditions of use, along with any other rules (the “Terms”) posted on the X10⁺ application (the “X10⁺ Application”) or website (the “X10⁺ Website”) (together, the “BNPL Facility”), govern your Account setup and usage.

The Terms, in conjunction with the Repayment Terms, also govern your use of the BNPL Facility and any Services (each as defined below).

The Services are provided to you (referred to as "you", "your", "user", or the “Customer”) by Al Ain Finance P.J.S.C. (trading, in relation to the BNPL Facility, as X10⁺), a public joint stock company licensed by the UAE Central Bank, located at 5th Floor, Office #504, Dusit Thani Complex, Offices Building, Sultan Bin Zayed The First St, Abu Dhabi, UAE (referred to as "we", "us", "our", or “X10⁺”).

Where you select to utilise the BNPL Facility in respect of a Transaction (as defined below), the agreement between us, under which we will provide you credit for the purposes of availing a deferred payment option in respect of the relevant Transaction, will be made up of these Terms and the Repayment Terms (together the “Loan Agreement”). Each request made by you through the BNPL Facility to avail deferred payment using the BNPL Facility in regard to a Transaction shall constitute a separate contract for Services, and a separate Loan Agreement shall be formed in regard to each Transaction in respect of which your request for deferred payment is accepted. 

Please refer to our privacy policy, which can be found here (the “Privacy Policy”) for information on how your personal data will be handled by X10⁺.

DISCLAIMER

Please note that your purchase of any goods or services from a Merchant is a separate transaction between you and the Merchant. X10⁺ is not a party to that sales contract and assumes no responsibility or liability for the quality, delivery, fitness for purpose, or any other aspect of the goods or services provided by the Merchant.

KEY FACTS STATEMENT

The above mentioned fees do not include value added tax (“VAT”).

We may make changes to these Terms in accordance with Applicable Law and we will ask you to accept the new terms when you next visit our BNPL Facility (including when you next visit the X10⁺ Website or X10⁺ Application). Any changes which we notify to you will take effect only in regard to Loans applied for after the date upon which we notify you of the changes. If you do not accept the changes, you may not be able to apply for new Loans.

We will notify you of any changes to these Terms or any Loan Agreement using the contact information you have provided to us, and you consent to being contacted by us for this purpose.

EXPLICIT CONSENT

By setting up an Account on the BNPL Facility and clicking ‘ACCEPT’ to these Terms, you acknowledge and accept these Terms.

You further agree that by selecting the BNPL Facility to make your payment for Merchant goods or services, you will be bound by the resulting Loan Agreement. You confirm and warrant that you have read and understood these Terms and will read and understand the Repayment Terms and that you have the capacity, authority and ability to agree to these Terms and each resulting Loan Agreement and to carry out your obligations as set out in these Terms and each Loan Agreement. If you do not agree to these Terms, you must not proceed to set up an Account. If you do not agree to a Loan Agreement, you must not use the BNPL Facility to avail of deferred payment.

For the avoidance of doubt, you declare, acknowledge, undertake, confirm and agree that these Terms and each Loan Agreement is legally binding and is the equivalent to, and has the full force and effect of, a handwritten, original ‘wet ink’ signature to a hard copy document, and you shall not, for any reason whatsoever, at any time whatsoever, repudiate the meaning, validity, or enforceability of these Terms or any Loan Agreement.

By setting up an Account on the BNPL Facility, clicking “ACCEPT” to and opting to access the Services or by selecting the BNPL Facility for payment, you acknowledge and agree that any credit obtained, including any associated terms, obligations, risks, or consequences, is undertaken solely at your own discretion and risk. X10⁺ does not provide financial advice, guarantee approval, or assume liability for any credit decision, financial loss, or obligations incurred by you as a result of using the BNPL Facility to enter into Loans. You also acknowledge and agree that the collection and processing of your personal data is necessary for the performance of the Services and necessary to enable X10⁺ to provide the Services. Please see further details, including of how this may affect your rights, in our Privacy Policy.

By using the BNPL Facility and clicking “ACCEPT” to create an Account or selecting to utilise the BNPL Facility to defer payment for Merchant goods or services, you agree to X10⁺ obtaining your credit report and related credit information from Al Etihad Credit Bureau (“AECB”), you accept and agree to X10⁺ using your credit information for assessing your eligibility for financing or deferred payment services (including Loans). This authorization includes periodically accessing your credit score, credit history, and any other relevant data as permitted by Applicable Laws. You acknowledge and agree that your credit report and related credit information will be processed by X10⁺ in accordance with the Privacy Policy.

Lastly, by using the BNPL Facility, clicking “ACCEPT” and opting to access the Services, you acknowledge and agree that X10⁺ may report your loan information to AECB and other UAE credit agencies. Any defaults may negatively affect your credit score.

1. DEFINITIONS

1.1. Save where defined elsewhere in these Terms, the following definitions and rules of interpretation apply in these Terms:

1. “Account” means an account in the BNPL Facility created by a user;
2. “Affiliate” means any person or entity that directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common ownership or control with another person;
3. “Applicable Law” means all laws, law-decrees, legislation, legislative instruments, decrees, orders, regulations, rules, directives, circulars, and decisions which are applicable to a party or the matters contemplated by these Terms, Repayment Terms or a Loan Agreement;
4. “Associated Persons” means any employees, managers, officers, directors, associates, shareholders, agents or representatives of X10⁺, or any Affiliates;
5. “BNPL” means buy now, pay later;
6. “BNPL Facility” has the meaning given in the Introduction;
7. “Customer” has the meaning given in the Introduction;
8. “Default” shall have the meaning given to it in Clause 3.
9. “Dispute” means any request for refund, deduction, compensation, counterclaim or dispute of any kind brought by the Customer against the Merchant in respect of the goods or services that resulted in an approved Transaction;
10. “Extension Fee” has the meaning given in the Key Facts Statement;
11. “Force Majeure Event” means an event or failure which is beyond our reasonable control including (i) Acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of a party for whom we are not responsible, (iv) acts of omissions of any third party providers, (v) delay, failure or interruption in, or unavailability of, third party services and sites, (vi) strikes, lockouts, labour disputes, wars, terrorist acts and riots, (vii) viruses, malware, other malicious computer codes or the hacking of any part of the BNPL Facility, the X10⁺ Application, X10⁺ Website or any related application or software; (viii) epidemics or pandemics;
12. “Instalment” means the amount to be repaid by you in regard to each Loan, which amount and the repayment frequency shall be set out in the relevant Repayment Terms;
13. “Intellectual Property Rights" means all copyrights, patents, database rights, trademarks, design rights, inventions, discoveries, utility models and improvements whether or not capable of protection by patent or registration, any goodwill in any trade or service name, trading style or get-up and any other proprietary right, whether registered or not now known or hereinafter created together with all extensions and renewals of such rights;
14. “Loan” has the meaning given in the Key Facts Statement;
15. “Loan Agreement” has the meaning given in the Introduction;
16. “Loan Term” has the meaning given in the Key Facts Statement;
17. “Merchant” means any third-party seller, vendor, retailer, service provider, or business entity that offers goods or services for sale to you and has integrated or partnered with X10⁺ to enable BNPL deferred payment solutions through the BNPL Facility;
18. “Online Transaction” means a purchase of goods or services by you from a Merchant conducted through the Merchant’s e-commerce channels;
19. “Payment Method” means the method of payment provided by you and accepted by us. For details of acceptable Payment Methods, please refer to the X10⁺ Website or X10⁺ Application;
20. “Payment Default” means a failure to pay an Instalment using the relevant Payment Method when due;
21. “Physical Transaction” means a purchase of goods or services by you from a Merchant conducted through the Merchant's physical retail channels;
22. “Refunds” means an amount (that may be in dispute) paid by the Customer to a Merchant using the Services in connection with an approved Transaction which is subsequently returned to the Customer following the resolution of such Dispute;
23. “Repayment Terms” means the specific terms applicable to each Loan, which are presented to you on the BNPL Facility and which you must accept to form a Loan Agreement. These terms shall include, but are not limited to: the total Loan amount, the number and frequency of Instalments, the Loan Term, and details of any applicable Processing Fee or Late Payment Percentage;

24. "Services" means the features, functions, technologies, tools, platforms, and related content provided by X10⁺ through the X10⁺ Application, X10⁺ Website, APIs, or other digital interfaces, which enable you to:

    1. create an Account;
    2. access, apply for, or manage BNPL deferred payment options and apply for a Loan;
    3. view, track, and manage Loan Instalment payments and credit usage;
    4. connect with participating Merchants;
    5. receive notifications, support, and other communications related to any Transactions; and
    6. use any additional offers, or integrations offered via the BNPL Facility.

    The Services may be provided directly by X10⁺ or through third-party providers, subject to applicable terms and eligibility criteria;

25. “Transaction” means an Online Transaction or a Physical Transaction (as applicable) with a Merchant for the purchase of goods or services, which you choose to finance by applying for a Loan through the BNPL Facility; and
26. “UAE” means the United Arab Emirates.

1.2. In these Terms (unless otherwise provided):

2. Eligibility

2.1. To be eligible to open an Account you must:

2.1.1.have the legal capacity to enter into these Terms and any subsequent Loan Agreement;

2.1.2.be over the age of twenty-one (21) years;

2.1.3.be a UAE citizen or expat resident in the UAE (holding a UAE Emirates ID card);

2.1.4.be utilizing the Services in your personal capacity;

2.1.5.be using Payment Methods that are yours and which are at all times registered in your name; and

2.1.6.have a valid UAE Pass account, an active UAE mobile number and valid email address,

(together the “Eligibility Criteria”).

2.2. By clicking to “ACCEPT” to these Terms, you warrant and represent that you can comply and at all times will be in compliance with the Eligibility Criteria.

2.3. We may change the Eligibility Criteria at any time, and we shall notify you of any such change. Changes will not affect your current Loans unless the change in Eligibility Criteria is dictated by Applicable Law. In such case, you must provide us with any further documentation or take such other actions as we may reasonably request to allow us to continue providing your Loans. 

2.4. We reserve the right to terminate your Account and all Services hereunder where you no longer satisfy the Eligibility Criteria. We may also terminate your Account and Services where Applicable Law prevents us from providing the same to you.

2.5. You acknowledge that you have entered into these Terms electronically.

3. Accounts and Registration

3.1. The process of registering the Account requires you to provide us with certain personal information for the purposes of (i) creating an Account; (ii) providing any Services, including Loans, to you; and (iii) complying with any Applicable Laws, including, but not limited to, any “Know Your Customer” compliance obligations. Such information may include your full name, Emirates ID number, address, email, phone number and age. You acknowledge and agree that any personal information provided is true, accurate, complete and up-to-date, and you shall promptly notify us of any changes to your personally identifiable information or any other information or circumstances that may affect your eligibility to continue to use the Services or are otherwise required in accordance with these Terms.

3.2. In addition to providing personal information to us directly, you must also validate your Account using your UAE Pass account. UAE Pass will provide us with additional personal information once your Emirates ID has been verified. We may also obtain personal information about you from anti-money laundering and counter terrorism systems.

3.3. You hereby agree to disclose all of your financial obligations, as requested by us, and to refrain from withholding any information that may be impactful or important to any of the parties involved in providing the Services to you.

3.4. You hereby agree that you will be responsible for any activity under your Account and agree to maintain appropriate security measures for your Account details and your UAE Pass details on an ongoing basis. It is your responsibility to keep your Account and UAE Pass details and passwords safe.

3.5. X10⁺ is not responsible for any breach of security associated with UAE Pass and X10⁺ disclaims any and all liability arising out of the use of UAE Pass to enable login.

3.6. If your password is lost or stolen, or if you believe that there is unauthorized access to your Account, you must change the password for your Account and notify us immediately. You are responsible for any Transactions made using your stolen or hacked Account credentials (including in regard to your UAE Pass) unless you promptly notify us of the issue and receive a message from us stating that your Account is suspended or terminated.

3.7. You shall not share your Account credentials with any other person. You acknowledge and agree to refund to us, if requested, the value of any Transaction made using your Account which was requested by you or by any other person who has accessed the Services through the use of your username or password, including through the UAE Pass application, whether or not you have allowed such access. You also acknowledge and agree that we reserve the right to cancel any Transaction if it is discovered that you have shared your Account or UAE Pass credentials with any other person.

3.8. You shall immediately notify us of any suspected or actual fraudulent or illegal activity identified as a result of your use of the Services (including relating to any acts or omissions of any Merchant). Failure to do so may result in suspension or termination of your Account, as well as any other additional legal action taken by us at our full discretion. Where the suspected or actual fraudulent or illegal activity originates from a Merchant using the Services, you shall immediately report such Merchant to us before taking any further action.

3.9. At our full discretion, should we have any doubts that any of the information you provided is incorrect, inaccurate, incomplete or not up to date, without prejudice to any other rights or remedies, in accordance with these Terms or pursuant to Applicable Laws, we shall have the right to stop or restrict access to the Services and the BNPL Facility.

3.10. We may, at our full discretion, make any inquiries we deem necessary (whether directly or through a third party, including, from any credit bureau agency), and request you to provide further information or documents as deemed necessary. You acknowledge and agree to provide any information and/or documents to us upon request. You further acknowledge and agree that if you are unable to do so, we may, without any liability, limit, suspend or withdraw your access to the Services or the BNPL Facility. We reserve the right to cancel any unconfirmed or unverified accounts or accounts that have not been active for a period of time at our full discretion.

3.11. Where your Application for the provision of any specific Services has been rejected, you will be informed instantly. 

3.12. You agree to cooperate and provide reasonable assistance to us in order to enable us to comply with any of our applicable regulatory obligations or as required by any applicable regulatory authority.

3.13. From time to time, we may, at our sole discretion, offer promotional benefits to eligible customers, including but not limited to cashback, discounts, deferred payments, or other incentives (collectively, “Promotional Offers”). These Promotional Offers may be provided as part of marketing campaigns, loyalty programs, or limited-time events, and are subject to specific terms and conditions communicated at the time of the offer.

3.14. The availability, eligibility criteria, duration, and value of any Promotional Offer shall be determined solely by us and may be modified, suspended, or withdrawn at any time without prior notice.

3.15. Participation in any Promotional Offer does not entitle you to any ongoing or future benefit, and such offers shall not form part of the contractual obligations under these Terms or any Loan Agreement unless expressly stated otherwise.

4. Availability of the BNPL Facility and its Features

4.1. The availability, performance, quality and functionality of the BNPL Facility depends on various factors, including software, hardware and communication networks, which are provided by third parties and are managed by them under their responsibility. These factors are not guaranteed to provide stable operation and, therefore, malfunctions of these components may occur which are beyond our control and responsibility.

4.2. We make no representation with regard to the availability of the BNPL Facility or your Account and you acknowledge that the Account may not always be available due to routine or emergency maintenance, failures in connectivity, software or internet connections. We provide no warranty or guarantee that access to the BNPL Facility will be uninterrupted, timely or error-free.

4.3. We provide no warranty or guarantee that the BNPL Facility will be compatible with hardware and software which you use.

4.4. You acknowledge and agree that occasionally we may carry out repairs, maintenance or introduce new facilities and functions, and access to the BNPL Facility may be suspended or withdrawn at any time and without notice.

4.5. You are also aware that we may impose restrictions on the length and manner of usage of any part of the BNPL Facility for any reason.

4.6. If we impose restrictions on you, you will not attempt to use the BNPL Facility under any other name or user or on any other mobile device.

4.7. We hereby disclaim any and all liability arising from the unavailability of your Account at any time for whatever reason. You also acknowledge and agree that we are not liable for any damage caused by or related to any viruses or other code that may affect any equipment (including but not limited to your mobile device), software, data or other property either directly or indirectly as a result of your download, installation, access to or use of the BNPL Facility.

5. merchant ProDUCTS AND SERVICES

5.1. You understand that X10⁺ is a financial institution and does not bear any responsibility for the manufacturing, shipping, production or delivery of any of the products or services purchased from Merchants using the BNPL Facility. Accordingly, we shall not be liable for the availability, quality or any other characteristic of any of the Merchants’ products.

5.2. We shall not be liable or responsible for any products or services sold by any Merchant. Such products and services will be provided and supported by Merchants, their manufacturers or their local agents only, as well as their suppliers, in accordance with the terms and conditions associated with each product or service. Any requests for technical support, customer service or after-sales service regarding products or services shall be directed to the Merchant concerned.

5.3. All warranties, representations, guarantees, conditions, and remedies relating to the quality, suitability, fitness for purpose, performance, or legality of any goods or services are solely provided by the Merchant. We make no warranties or representations, express or implied, regarding any such goods or services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

5.4. You acknowledge and agree that any claims, disputes, complaints, or issues regarding the goods or services, including defects, delays, failures, or unsatisfactory performance, shall be directed exclusively to the Merchant. Under no circumstances shall X10⁺ be held liable or responsible for any loss, damage, injury, cost, or expense arising from or related to the goods or services purchased using the BNPL Facility.

6. INSTALMENT PAYMENTS

Transactions

6.1. Once you have created an Account in accordance with these Terms, you will be able to access the Services when you choose to pay for goods or services by obtaining a Loan through the BNPL Facility.

6.2. The Services allow you to purchase goods or services from a Merchant and defer your payment for those goods or services. In order to avail of a deferred payment plan, you must select the BNPL Facility as your payment method at the Merchant’s point of sale.

6.3. Once you have chosen to use the Services at the Merchant’s point of sale and provided the Merchant with your mobile phone number, you will be asked on the BNPL Facility to confirm the Repayment Terms that will become effective and binding between you and X10⁺ with respect to the Transaction. These Terms and the Repayment Terms shall make up the Loan Agreement governing your use of the X10⁺ Services in regard to that Transaction. By confirming the Repayment Terms, a Loan Agreement will be created.

6.4. At the point of confirming the Repayment Terms, you will be asked to enter your Payment Method (if one is not already present) onto the BNPL Facility and to confirm the Transaction and Repayment Terms.

6.5. You acknowledge and agree that to complete a Transaction using the Services, you must provide a valid Payment Method and the first Instalment must be successfully processed against such Payment Method. If your Payment Method fails, your request to obtain a Loan using the BNPL Facility will be rejected. If any payment is processed from a previously used or expired Payment Method, and a refund is issued, the amount will be returned to that original Payment Method, subject to your bank's processing times and policies.

6.6. A valid Payment Method must remain on the Account at all times during the continuation of the Loan Term. This means that if your existing Payment Method expires, has been replaced or you no longer wish to use it, you will not be able to remove the Payment Method from your Account unless and until you have added a replacement Payment Method.

6.7. You acknowledge that your Payment Method must remain valid for the entirety of the Loan Term. Where your Payment Method expires or becomes void for any reason during the Loan Term, payment of your Instalment will fail, and any amount debited will be reversed. This will constitute a Payment Default. It is your responsibility to ensure that if your Payment Method will expire or become void during the Loan Term, you update your Payment Method in good time to avoid a Payment Default. Overdue Fees will be charged where we are unable to collect any due payment from your Payment Method.

6.8. You hereby agree that you understand and are aware of the potential consequences when you use the Services in violation of these Terms or a Loan Agreement.

6.9. You agree that we have the right, at our absolute discretion, to notify any relevant authorities or regulators, in the event of your delay, inability to pay or any type of suspicious activity.

6.10. You hereby acknowledge and agree that we may, from time to time, for Customer due diligence purposes pass your details on to applicable credit bureau agencies to run a credit report on your credit history and creditworthiness. If a credit report is returned as negative, you acknowledge that we may restrict your access to the Services.

6.11. You hereby agree that you are the true beneficiary of the Services and that you will not use the Services for any money laundering or other illegal activities.

6.12. You understand that if we become aware of any suspected or actual cases of fraud or fraudulent activity in relation with your use of the Services or your Account, we have the right to terminate or close your Account or otherwise charge you, as applicable (including: (a) withholding or otherwise delaying any Refund amount; (b) retaining any Fees paid by you; or (c) requiring you to immediately pay the remaining total amount of all outstanding Instalments) with regard to any relevant Transaction, until we determine, in our sole discretion, that the applicable Transaction did not involve any fraudulent activity.

6.13. Including where such information is already available via the BNPL Facility, you shall be entitled to request a copy of the entire agreement you have with us at any time, which we shall aim to provide to you within five (5) business days of the request, or an other time period otherwise permitted by Applicable Laws, whichever is later. You shall also be entitled to request any applicable transaction statements on a quarterly basis.

Instalments and Extensions

6.14. You agree to make all Instalments in accordance with the agreed Repayment Terms as accepted by you at the time of purchase. Payments shall be made on or before the due date specified for each Instalment.

• You acknowledge and agree that payments made through the BNPL Facility may not be reflected immediately in your Account due to processing times, delays by third-party payment providers, or differences in time zones.

6.16. Under these Terms and each Loan Agreement, you agree and authorise us to deduct the relevant amount due for each Instalment from the Payment Method on the scheduled payment date.

6.17. If an Instalment payment is unsuccessful for any reason, we may automatically re-attempt to collect the outstanding amount until the Instalment is successfully paid in full.

6.18. If an Instalment remains unpaid for two (2) days after the original due date, an Overdue Fee will be applied on the third (3^rd) day, calculated from the original due date. You may make payment of the overdue Instalments and any applicable Overdue Fees at any time through the BNPL Facility. X10⁺ is not under any obligation to make multiple attempts to obtain payment nor is the number of attempts which X10⁺ shall make limited.

6.19. Overdue Fees will be charged on a monthly basis for as long as any Instalment remains unpaid up to such amount as may be charged under Applicable Law, unless otherwise prohibited by Applicable Law.

6.20. If any Instalment remains unpaid on the next subsequent Instalment due date, we may continue to re-attempt collection of the unpaid Instalment (as well as collecting the next due Instalment), and any accrued Overdue Fees, until payment is made in full.

6.21. If an Instalment remains unpaid despite our collection attempts as described in this Clause 6, your Account will be considered in Default. We reserve the right to refer your case to a debt collection agency and/or share your details with applicable regulators at our full discretion. Where your case is referred to a debt collection agency, you will be liable for the actual, reasonable, and documented third-party costs incurred by us in the collection process.

6.22. The repayment process described in Clauses 6.16 to 6.20 shall continue for as long as any Instalment, Overdue Fee, or other amount due under a Loan Agreement or the Repayment Terms remains unpaid.

6.23. You acknowledge and agree that your obligations under the BNPL Facility remain in full force and effect until all outstanding amounts have been paid in full. We reserve the right to continue payment re-attempts and to pursue recovery by any lawful means until the outstanding balance is settled.

6.24. If your Account is in Default and we choose to suspend your Account under Clause 13.5, you may not use your Account to apply for any further Loans, apply for any extensions to existing Loans or use any other Services until you cure the Default .

6.25. Nothing in these Terms or any Loan Agreement shall be construed as waiving our right to enforce payment of any outstanding amount at any time, or as limiting the duration of your repayment obligations.

6.26. In some cases, you may be able to extend the due date for your next Instalment. Where this is possible, you will be able to apply for the extension through your Account. You will be notified of any Extension Fees at the time of applying for an extension. Extensions will be limited and may only be made to a limited number of Instalments. The extension of one Instalment shall not impact the due dates for any other Instalments.

7. Cost of the BNPL Facility and FEES

7.1. The BNPL Facility is free of charge for you to download, install, access, register for and use. Fees may be payable depending on your Repayment Terms or if you decide to extend the time period to repay the credit advanced to you or if you are overdue on any payments. Processing fees may be charged in some cases (and this will be notified to you in the Repayment Terms).

7.2. You acknowledge and agree that fees for extending the time period for repayment (“Extension Fee”) and fees for overdue payments (“Overdue Fee”) (as further defined in the Key Facts Statement above), may be charged. Further details relating to the Overdue Fee and Extension Fee will be included in your Repayment Terms.

7.3. In case of a default or overdue payment, you acknowledge and agree that we may initiate legal proceedings and any costs associated with the legal fees relating to the collection of your overdue payment, will be added to your Account for repayment.

8. PRODUCT REFUNDS

8.1. Where a Refund of a product or service has been approved by a Merchant:

8.1.1. the Merchant will notify us (the “Refund Report”) of the approved Refund pursuant to the agreement between us and the Merchant;

8.1.2. we will adjust the Customer’s payment schedule accordingly;

8.1.3. if a full Refund is processed, any payments already made by the Customer will be reimbursed to the Payment Method, and the remaining instalments will be cancelled; and

8.1.4. if a partial Refund is issued, the outstanding balance and future instalment amounts will be adjusted to reflect the reduced purchase price.

8.2. Certain goods or services may be non-refundable under the Merchant’s policies or Applicable Law. We shall not be responsible for enforcing refunds or returns for such items.

9. User Warranties

9.1. You warrant and represent that:

9.1.1. no person other than you has or will have an interest in the Account; 

9.1.2. you will provide any and all documentation or additional information requested by us from time to time;

9.1.3. you will comply in all respects with all Applicable Laws to which you are subject;

9.1.4. you will ensure, to the best of your ability, the security of your Account by taking actions including but not limited to protecting your login credentials from unauthorised access or use;

9.1.5. you will notify us as and when you discover or suspect that your Account, or the credentials used to access your Account, have been subject to any security breach that would risk unauthorised access or use of your Account;

9.1.6. you understand that you will be fully responsible for all activities that occur under your Account and for any action that takes place through your Account, and accept all risks of any authorised or unauthorised access to your Account;

9.1.7. you will not, in any way, exploit any vulnerabilities, whether patent or latent, that may exist within the BNPL Facility;

9.1.8. you will not use robots, search or similar applications, or algorithms to collect, or compile content from us, including for the purpose of competing with the BNPL Facility, or do such things in ways that may impair the functionality or otherwise degrade the BNPL Facility or extract data or information from the BNPL Facility; and

9.1.9. all information provided in relation to your Account is true, correct and complete as of the date it is provided and for each day that your Account remains open. You agree to notify us promptly of any material changes in any such information.

10. ELECTRONIC COMMUNICATION

10.1. By creating an Account, you acknowledge and agree that you will communicate with us electronically. Therefore, you agree that we may provide all communications, payment information, terms and conditions, information we are required to provide by law, all communications regarding any complaints, and other information to you electronically to the email address you have provided to us.

10.2. To ensure that we are able to communicate with you electronically, you agree that it is your responsibility to notify us immediately of any change to your email address and mobile phone number or other information you provide to us. We may occasionally contact you to request an update of such information and any other information related to your Account.

11. intellectual property riGHTs

11.1. All Intellectual Property Rights in the BNPL Facility are owned by X10⁺ and its licensors.

11.2. Subject to your continuing compliance with these Terms and each Loan Agreement, we grant you a limited, non-transferrable, non-exclusive, non-sublicensable revocable license to use the BNPL Facility and receive the Services for personal use only (the “License”).

11.3. You shall not under any circumstances undertake any of the following actions and taking any such actions shall be considered a breach of these Terms or any Loan Agreement:

11.3.1. attempt to duplicate, copy, modify, rent or distribute any portion of the BNPL Facility or Services;

11.3.2. attempt to reverse decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the software making up the BNPL Facility;

11.3.3. use the BNPL Facility or the Services to provide services to third parties or for use that is not personal to you;

11.3.4. transfer, temporarily or permanently, any of your rights under these Terms or any Loan Agreement; or

11.3.5. attempt to obtain, or assist others in obtaining, access to the software in the BNPL Facility.

11.4. From time to time, we may introduce new features, or amend or modify existing features, or remove features from the BNPL Facility and/or Services , provided that such modification or removal does not adversely affect any current Loans. The License granted to you will automatically extend to include any such new or modified features.

11.5. You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and domain names on the Internet or elsewhere. You must refrain from any action or inaction that could impair or damage our business reputation.

12. Early repayment and Cancellation OF ACCOUNT

12.1. You may repay one or more Instalments ahead of their due date at any time via the BNPL Facility or by contacting us to arrange the same. Any early repayment may be allocated to future Instalments in the order they fall due. Where only part of an Instalment is satisfied by an early repayment, you must repay the remaining portion by the due date.

12.2. You may close your Account, provided there are no ongoing Services being provided with respect to a Transaction. The termination process is simple and only involves a single click, provided there are no ongoing Services.

13. Termination of account

13.1. We reserve the right to suspend or terminate a Customer’s access to the Services and close the associated Account at any time, with or without cause, subject to providing notice in accordance with Clause 13.2 below.

13.2. Except in cases of immediate termination under Clause 13.3, we shall provide the Customer with no less than 30 calendar days’ written notice prior to termination. Notice shall be delivered via email, SMS, in-App notification, or any other reasonable communication method. Termination under this Clause 13.2 shall not affect any Loan Agreement.

13.3. We may, at our option, suspend or terminate a Customer’s Account with immediate effect and without prior notice if:

13.3.1. the Customer breaches these Terms or any Loan Agreement or any Applicable Laws;

13.3.2. there is suspected or confirmed fraudulent, abusive, or illegal activity on the Account;

13.3.3. the Customer fails to meet payment obligations or exceeds credit limits;

13.3.4. X10⁺ is required to do so under Applicable Law, or by instruction from the Central Bank of the UAE or other competent authority;

13.3.5. the Customer provides false, misleading, or incomplete information during on boarding or during the use of the Services; pr

13.3.6. the Customer is subject to insolvency, bankruptcy, or similar proceedings,

where any of the above circumstances apply, the Account shall be in “Default”.

13.4. Upon termination of a Customer Account for Default, including a termination following suspension for Default:

13.4.1. all Loan Agreements shall terminate;

13.4.2. all outstanding amounts owed by the Customer shall become immediately due and payable, unless otherwise agreed;

13.4.3. the Customer’s access to the Services and associated features will be revoked;

13.4.4. we may report account closure or delinquency to relevant credit bureaus, in accordance with Applicable Law;

13.4.5. any pending refunds or disputes will continue to be processed per Clause 8;

13.4.6. if termination occurred due to missed payments or administrative error, the Customer may request reinstatement of their account, subject to review and approval by us, and the settlement of any outstanding obligations; and

13.4.7. we shall not be liable to the Customer or any third party for any damages arising from the lawful suspension or termination of the Services, provided such termination complies with these Terms and Applicable Law.

13.5. Where the Default can be cured by you, we may choose to suspend your Account for such period as we shall decide in our discretion. During any suspension you will be unable to use any of the features and functionality associated with your Account until such time as you have cured the Default. We reserve the right to terminate any suspended Account without further notice to you.

14. Limit of Liability

14.1. X10⁺ is an independent service provider and is not a party to any direct arrangements between Customers and Merchants or other related third parties. We shall not in any way be liable for any claim or dispute attributable to Merchants and shall not be liable for any failure related to or damages caused by the Merchants’ products or services, including their mark, reliability, adequacy, originality, availability or legality.

14.2. Merchants are independent service providers who are not subject to these Terms and shall not be considered employees, representatives or agents of X10⁺. Merchants are fully responsible for all dealings that take place between them and Customers, and in the event of a dispute between you and any Merchant or third party, you undertake to release us and our Associated Persons from any liability arising from or related to such disputes. This undertaking is to release X10⁺ and its Associated Persons from all claims, demands, liabilities and indemnities of any kind or nature, known or unknown, disclosed or undisclosed, arising out of or in any way related to such disputes.

14.3. By agreeing to these Terms, you acknowledge the possibility of risks or errors arising from Merchants or any third-party service providers. Therefore, your use of the Services shall be your exclusive responsibility and we do not bear any liability in relation to it.

14.4. We shall not be liable to you or to any other person for any direct, indirect, incidental, special, penal, punitive or consequential damages that may arise, even if we have been informed of the possibility of such damages, and we shall not be liable for any damages, obligations or losses that you incur, arising from your use of or reliance on the Services, your inability to access or use the Services or from any Transaction or relationship that arose between you and a Merchant, even where we were aware of the possibility of such damages occurring. We shall not be responsible for any delay or failure in implementation, nor will we be held responsible in the event that a Merchant does not have the appropriate licenses and authorisations in place.

14.5. The Services are provided on an ‘as is’ basis, and we disclaim all representations and warranties, express, implied, or statutory that are not expressly stated in these Terms, including the implied warranties regarding the Merchant’s ability and suitability of its goods or services for a particular purpose to the fullest extent permitted by law. We do not make any representation or warranty about the reliability, quality, sustainability, availability or original ownership of the goods or services or any services ordered through the use of our Services, nor do we guarantee that the Services will be uninterrupted or error-free. To the fullest extent permitted by Applicable Laws, you hereby acknowledge and agree that you assume all liability arising from your use of any of the Services.

14.6. The information on the BNPL Facility is provided for general purposes only. We shall make reasonable efforts to keep information up-to-date and correct, but do not provide any representations or warranties of any kind, whether express or implied, in terms of the completeness, accuracy, reliability, suitability or availability of the BNPL Facility, information, services or related advertisements or graphics contained on the BNPL Facility for any purpose, and therefore you shall rely on such information at your own risk.

14.7. For security and performance reasons, all Accounts are regularly monitored.

14.8. We shall not be liable for any delay, interruption or failure in the provision of the Services caused by a Force Majeure event.

14.9. Subject to Applicable Law, our aggregate liability under these Terms and all Loan Agreements shall not exceed the lower of (a) the aggregate of any Fees charged by us to you in regard to any Services provided, and (b) ten thousand United Arab Emirates Dirham AED 10,000.

15. INDEMNIFICATION

15.1. You agree to indemnify, hold harmless, and defend us and our Associated Persons from and against any liabilities, obligations, losses, damages, penalties, claims, actions, proceedings, lawsuits, judgements, costs, charges and expenses, including reasonable attorney’s fees arising out of or in connection with:

15.1.1. your breach of any term or provision of these Terms or any Loan Agreement;

15.1.2. your use of the BNPL Facility;

15.1.3. any third party access or use of your Account howsoever arising.

16. DATA PRIVACY

16.1. In the course of providing the Services, X10⁺ and its Associated Persons may process your personal information, in accordance with the terms of the Privacy Policy which can be found here which constitutes part of these Terms. In requesting an Account and thereby accepting and agreeing to be bound by these Terms and the Privacy Policy, you hereby agree and consent to the transfer, storing and processing of your personal information in accordance with the Privacy Policy and Applicable Law.

17. Governing law and jurisdiction

17.1. These Terms and each Loan Agreement, and any dispute or claim arising from or in connection with the same, including non-contractual disputes or claims or any question regarding the existence, applicability, validity or termination of these Terms and a Loan Agreement (“LegalDispute”) shall be governed by and shall be construed in accordance with the laws of the United Arab Emirates as applied in Abu Dhabi and referred for final settlement exclusively to the Abu Dhabi courts.

18. platforms interacting with THE BNPL FACILITY

18.1. These Terms are between you and us and not between you and the provider of the platform through which you download the X10⁺ Application. Your download of the X10⁺ Application from a third party platform, including (but not limited to) the Apple App Store or Google Play (“Third Party”), will be subject to separate terms between you and that Third Party. 

19. OTHER TERMS AND CONDITIONS

19.1. No Waiver. Our failure to enforce any provision of these Terms or any Loan Agreement shall not constitute a waiver of any of our rights under the these Terms or any Loan Agreement.

19.2. Relationship of the Parties. Neither these Terms nor any Loan Agreement creates an agency, partnership, employment or fiduciary relationship between you and us.

19.3. Third Party Rights. No third parties shall acquire any rights under these Terms or any Loan Agreement.

19.4. Invalidity. If any provision of these Terms or any Loan Agreement is found by a competent court to be illegal, invalid or void, that provision will be enforced to the fullest extent permitted by law to reflect, as nearly as possible, the original intent of that provision, and the remaining provisions of these Terms and each Loan Agreement will remain in full force and effect.

19.5. Entire Agreement. These Terms and each Loan Agreement constitute the entire relationship between you and us with respect to the subject matter hereof and supersede all prior and contemporaneous negotiations, oral statements, and any other previous agreements between us, including prior versions of the Terms.

19.6. Discrepancies. In the event of any discrepancies between;

19.6.1. the Repayment Terms;

19.6.2. these Terms; and

19.6.3. notices upon our X10⁺ Website or Application,

the order of precedence shall be as listed above.

19.7. Assignment and Transfer

19.7.1. You may not transfer, assign or delegate your rights or obligations under these Terms or any Loan Agreement without our prior written consent. Any attempt or actual designation by you of anyone as the owner of your Account without our prior written consent is invalid.

19.7.2. We may transfer, assign or delegate our rights and obligations under these Terms and each Loan Agreement without notice or restriction, including without limitation to any Affiliates, to any successor in interest of any business associated with our group or as part of any merger, reconstruction or other corporate action.

20. TAXES

It is your sole responsibility to determine whether, and to what extent, any taxes apply to your use of the BNPL Facility.

21. COMPLAINTS

21.1. If you would like to rate your experience or have any questions, concerns, or complaints relating to the Services, including your Account, repayments, or the financing terms, please contact us directly using the Notice details in Clause 22 below. We are committed to handling all complaints fairly, promptly, and in accordance with Applicable Laws.

22. Notices and communications

22.1. By using the BNPL Facility, you agree that we may provide you with any notices or other communications relating to your use of the BNPL Facility electronically: (a) via email (in each case to the address that you provide), or (b) by posting to the BNPL Facility, and/or (c) via push notifications within the X10⁺ Application. For notices made by email or push notification, the date of receipt will be deemed the date on which such notice is transmitted. For notices posted within the BNPL Facility, the date of receipt will be deemed the date on which the post was made.

22.2. Any notice or other communication under or in connection with these Terms or any Loan Agreement (“Notice”) shall be in writing and shall be delivered to the party due to receive the Notice as follows:

22.2.1. To you, via any of the channels mentioned in Clause 22.2;

22.2.2. To us, either via email to [insert email address] or via courier to our registered office: Al Ain Finance P.J.S.C., X10⁺, 5th Floor, Office #504, Dusit Thani Complex, Offices Building, Sultan Bin Zayed The First St, Abu Dhabi, UAE. Any Notice sent to us under this Clause shall be deemed received on the date that it is sent, except in the case of a physical notice sent via courier, which shall be deemed received at the date and time that the courier records its delivery.