1. The Terms
1.1 Mala provides customers with a variety of innovative consumer purchasing solutions, including B2B Buy now pay later services (“B2B BNPL”), cashback services, and other consumer solutions available through our channels (each referred to as a “Mala Service” and collectively as the “Mala Services”).
1.2 The Mala Services are provided by Mala Tech LLC, a company registered in Riyadh, Saudi Arabia (“Mala”) (referred to throughout these terms and conditions (“Terms”) as “we,” “us,” or “our”).
1.3 Before registering for a Mala Account on trymala.com (“Website”) or downloading and installing the Mala app (“App”), you must agree to be bound by these Terms.
1.4 You should read these Terms carefully before agreeing to them to determine whether the Mala Services are suitable for your personal or financial circumstances.
1.5 We recommend printing a copy of the Terms for your records.
1.6 We reserve the right to modify these Terms at any time. Updates will be reflected on the App and Website, and an email notification will be sent to your registered email address informing you of any changes.
1.7 You are responsible for regularly reviewing the App or Website to stay informed of amendments to these Terms and to provide your agreement to them.
2. Mala Services
B2B Pay Later:
2.1 On the condition you have a Mala Account you will be able to use our B2B Pay Later service to buy Products with associated Merchants.
2.2 B2B Pay Later allows you to pay for the total cost of a number of Products (“Products Amount”) via your monthly bill, paid as a single payment on the specific monthly billing date (“Billing Date”).
2.3 You can also apply to use B2B Pay Later at checkout, with certain Merchants.
2.4 Approval of a checkout application will be subject to our review of your data and circumstances.
2.5 We explicitly reserve the right, at our absolute discretion at any time, to decline your application for B2B Pay Later application, based on our review of your data and circumstances, and will inform you of our decision.
2.6 If your Mala Account has a sufficient balance or your B2B Pay Later application is approved (as appropriate), we will pay the Merchants the Products Amount for the Products you purchased, on your behalf. You agree to repay the Products Amount to us in full via one payment on your Billing Date in accordance with these Terms.
2.7 B2B Pay Later is only available to eligible persons. Whether you are eligible will be determined by us at our discretion and will depend on numerous factors such as our assessment of your creditworthiness, your history of transactions, the Merchant’s account history, as well as the following criteria:
2.7.1 you are living in Saudi Arabia and have provided your permanent residential address;
2.7.2 you are 18 years of age or older;
2.7.3 you have an active email account registered in your name;
2.7.4 you have an active mobile phone number registered in your name;
2.7.5 you have provided all your information and documentation requested by us; and
2.7.6 you declare that any payment obligations arising from your purchase will be met by you pursuant to the payment terms agreed at the time of purchase.
Pay in Full:
2.8 If you have a Mala Account, we may at our discretion allow you to use our Pay In Full service to buy Products with certain Merchants and pay the entire Products Amount at the time of checkout.
2.9 We explicitly reserve the right, at our absolute discretion at any time, to decline your application for Pay in Full, based on our review of your data and circumstances, and will inform you of our decision.
2.10 If your Pay In Full application is approved, we will pay the Merchants the Products Amount for the Products you purchased, on your behalf. You agree to repay the Products Amount to us in full and authorize Mala to charge such amount to your selected payment method immediately upon checkout.
2.11 If you are entitled to a refund in accordance with the Merchant’s refund policy and these Terms, the full amount paid under the “Pay in Full” option will be refunded to the original payment method used.
2.12 Orders paid in full can be canceled before the order is processed for shipment. If canceled after payment has been made, a full refund will be issued, subject to our cancellation policy.
3. Your Information
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 Mala Account information up to date and accurate. You warrant and represent that any residential address, email address, or mobile phone number that you provide to us is current and belongs to you. You agree to notify us promptly when you change your residential address, email address, or mobile phone number.
3.3 We store information about your previous purchases and transactions through Mala Services for compliance purposes, to improve your use of the Mala Services, and to provide you with offers and benefits.
3.4 You agree that Mala may at any time make inquiries about you and request any information about you that Mala requires to provide you with a Mala Service, including but not limited to your credit score or a credit indicator relating to you that Mala considers appropriate from any financial institution, credit bureau, or reference agency (including the Saudi Credit Bureau) or any other source that Mala considers necessary, to assess your eligibility to use the Mala Services. A credit score may also be requested in connection with an extension or increase of your spending limit, account renewal, account collection action, or dispute investigation.
3.5 You hereby authorize Mala (and those organizations acting on its behalf) to make such inquiries and obtain such information about you without the need for further consent or approval from you or notification to you, for the purposes of determining your eligibility for the Mala Services.
3.6 We may also disclose any information aggregated by us or report your repayment history and credit behavior to any credit bureaus (including the Saudi Credit Bureau) or any other agency authorized and approved by the Saudi Central Bank (“SAMA”), in accordance with our obligations under applicable law or as mandated by SAMA.
4. Payment Methods and Statements
Payment Methods
4.1 Before completing any transaction on your behalf through the Mala Services, you must agree to these Terms and any specific terms applicable to that transaction.
4.2 Clicking the “Buy now” button indicates that you have read, understood, and accepted these Terms in full and that you accept your obligation to pay the Total Amount, including any fees and any other transactions that may be charged to your account, in accordance with the Terms.
4.3 You acknowledge that a down payment must be paid before you are accepted for the Mala Services. This will become the first Installment which is immediately due and payable.
4.4 Every subsequent Installment payment (or first payment, if no down payment is required) is due pursuant to the set Installment billing cycle as shown on your Mala Account.
4.5 We may not always issue you notices or reminders of any upcoming Installment payment dates. The Installment payment instructions are available on our Website/App and/or the billing statement in your Mala Account.
4.6 Dependent on the Mala Service, Mala will accept various funding sources, including debit or credit cards, but not prepaid cards. We may, at our absolute discretion, refuse to accept any debit or credit card that has an expiry date which is within twelve (12) months of the Product purchase date.
4.7 We may require you to register more than one card or funding source to your Mala Account, to be used in respect of the repayment of your Installments, and will ask you to select a default from which Installments will be taken directly.
4.8 In the event your default card or funding source cannot be charged, including for Installment plans or registered subscriptions, you hereby authorize Mala to directly charge any other funding source registered to your Mala Account at Mala’s discretion.
4.9 You may at any time pay, in whole or in part, the Total Amount Due, without any additional charge for prepayment.
4.10 We will at all times determine, at our absolute discretion, any acceptable methods of payment and may discontinue accepting any particular payment method at any time for any reason.
4.11 Should you use a credit card or other payment method that is reversible, you hereby waive any rights to make such chargebacks or reversals.
4.12 We may delay making credit available on your Mala Account in the amount of your payment until such time as we have received the payment in clear funds.
4.13 If your credit or debit card is replaced, canceled, no longer valid, or you wish to use a different card, you must log on to the Mala Platform and provide an eligible card at least 3 business days before your next Installment due date. Mala may, at its absolute discretion, refuse to accept the removal or replacement of any payment method.
4.14 It is your responsibility to ensure that, until the Total Amount Due is paid, the credit or debit card you present for payment at the time of purchase, or anytime thereafter, remains valid, is not canceled, and has sufficient available balance or available credit to pay all Installments and to accept pre-authorizations that may be made under these Terms.
4.15 You have the right to stop a payment on an added credit or debit card by providing a replacement card in the Mala App at least 3 business days before your next payment Installment due date. Mala may, at its absolute discretion, refuse to accept the removal or replacement of any payment method.
Statements
4.16 Upon accessing Mala Services, you will be granted access to Statements that outline the methods and procedures for making repayments under the applicable Mala Service.
4.17 For your convenience, all payments from individual purchases will be consolidated into a single monthly Statement. This Statement will provide:
4.17.1 A single due date
4.17.2 A unified billing cycle.
4.18 Your billing cycle commences upon making your first purchase. This initial purchase triggers the creation of your first Statement. Any purchases made within the subsequent 30 days will be included in this Statement.
4.19 Each Statement you receive will detail the following:
4.19.1 the next payment amount for each purchase.
4.19.2 Payment due dates for each purchase.
4.19.3 Any applicable service fees (if relevant for the Mala Service).
4.20 You agree that if you miss a payment outlined under your Statement, Mala will assess a late fee, which will be added to your Total Amount Due. The late fee will be determined by Mala based on the outstanding Statement amount and your customer profile with Mala. The structure for late fees is as follows:
4.20.1 Initial Late Fee: A late fee will be applied immediately upon a missed payment.
4.20.2 Late Fee: If the Installment is not paid within 14 days after the due date, an additional late fee will be charged.
4.20.3 Further Late Fee: If the Installment remains unpaid for 28 days after the due date, another additional late fee will be charged.
Mala calculates these fees to ensure fairness and to encourage timely payments. The exact amount of the late fee will vary based on the factors mentioned above. If you have any questions or concerns about late fees or your payment schedule, please don’t hesitate to contact our customer service team for assistance.
4.21 We may initiate debt collection procedures and incur (extra-judicial) costs to recover any Statement amounts due. These costs will be set out in your Mala Account and will be added to the Total Amount.
4.22 We can additionally require immediate payment of the Total Amount Due 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 Mala Account for collection to an attorney or collection agency.
4.23 You may be granted the option to view and settle your Statement in either of the following ways (as applicable):
4.23.1 Through the “Payments” section of the App; and/or
4.23.2 Within the Mala Card section of the App.
5. B2B Buy now Pay Later
5.1 By selecting our B2B BNPL payment option at the checkout page, you authorize us to charge the eligible card you added and provided to us at checkout (or which you later provide to us) over time for the number of Installments that you have added at checkout.
5.2 The payment date, and amount of each Installment we will charge, will be shown on the Website before you complete your purchase.
5.3 You hereby authorize us or any of our authorized service providers to:
5.3.1 charge your added card for the amount of your down payment Installment on or after the date of the purchase;
5.3.2 charge your added card in the amount of each Installment on each Installment due date;
5.3.3 charge your added card for the Total Amount Due:
5.3.4 in an event of default, charge your added card the relevant Installment or the Total Amount Due under these Terms.
5.4 If any automatic charge of an Installment or the Total Amount Due fails, you are required to make the required payment immediately.
B2B Pay Later
5.5 By selecting our B2B Pay Later payment option at the checkout page, you authorize us to charge the eligible card you added and provided to us at checkout (or which you later provide to us) over time on the Billing Date for the Products Amount.
5.6 The Billing Date, and Products Amount we will charge, will be shown on the Website before you complete your purchase.
5.7 You hereby authorize us or any of our authorized service providers to:
5.7.1 charge your added card in the amount of your payment on the Billing Date or after;
5.7.2 charge your added card for the Products Amount;
5.7.3 in the event of a default, charge your added card the Products Amount, including any late fees due and payable in accordance with these terms.
5.8 If any automatic charge of a Products Amount on the Billing Date fails, you are required to make the required payment immediately, alongside any applicable late fees due and payable in accordance with these terms.
6. Payment Default
6.1 We have the right, subject to any specific requirements under applicable law to provide you with a cure period, to declare you in default for any of the following reasons:
6.1.1 you fail to pay any Installment by the Due Date;
6.1.2 you commit any act or omission which we consider, acting significantly impairs your ability to pay or our ability to collect the amounts due from you;
6.1.3 you revoke your consent to electronic communications; or
6.1.4 you die or become legally incompetent.
6.2 If you are declared in default, you acknowledge we have the right to require you to pay the remaining total amount of all outstanding Installments immediately.
6.3 You agree we have the right to seek immediate payment of this amount by charging the credit or debit card you provided for pre-authorization under these Terms.
7. Late Payment
7.1 In the event any Installment is not paid in full on the Due Date (“Late Payment”), you are obligated to pay additional collection fees calculated from the date you are in default.
7.2 You agree that if you miss an Installment payment, Mala will assess a late fee, which will be added to your Total Amount Due. The late fee will be determined by Mala based on the outstanding Installment amount and your customer profile with Mala. The structure for late fees is as follows:
7.2.1 Initial Late Fee: A late fee will be applied immediately upon a missed payment.
7.2.2 Late Fee: If the installment is not paid within 14 days after the due date, an additional late fee will be charged.
7.2.3 Further Late Fee: If the installment remains unpaid for 28 days after the due date, another additional late fee will be charged.
Mala calculates these fees to ensure fairness and to encourage timely payments. The exact amount of the late fee will vary based on the factors mentioned above. If you have any questions or concerns about late fees or your payment schedule, please don’t hesitate to contact our customer service team for assistance.
7.3 We may initiate debt collection procedures and incur (extra-judicial) costs to recover any Late Payment due. These costs will be set out in your Mala Account and will be added to the Total Amount.
7.4 We can additionally require immediate payment of the Total Amount Due 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 Mala Account for collection to an attorney or collection agency.
8. Extend Due Date Option
8.1 An option to extend the Due Date of any Installment (either a B2B BNPL payment or a payment due under a Statement) (“Extend Due Date Option”) may be offered at Mala’s sole discretion when you shop at certain Merchants.
8.2 If you think you will need more time to make funds available on your payment method before your Due Date, you may apply for the Extend Due Date Option.
8.3 You may choose the Extend Due Date Option only once per order.
8.4 If you choose to avail the Extend Due Date Option, you will incur a fee for this service. The specific fee amount and the duration of the extension period will be disclosed at the time of you availing the service and may vary based on Mala’s sole discretion.
8.5 Choosing the Extend Due Date Option does not affect or limit your obligations, including your obligation to pay Installments, under these Terms.
9. Our Rights
9.1 We may set a total purchase limit (“Limit”) for you which will be disclosed on your Mala Account when you login at our Website or open the App.
9.2 This limit is the total amount available to you for purchases with Merchants and reduces each time when you make a purchase.
9.3 We may change the Limit from time to time at our absolute discretion, based on a variety of factors, including but not limited to your creditworthiness, and payment and transaction history.
9.4 We may deny any transactions for any reason at our discretion. We are not liable for any refusal to honour a transaction or Mala Account.
9.5 You hereby authorise Mala to transfer international payment system operators payment card data you’ve provided to us when filling out forms on the Website or otherwise, and to receive from such operators confidential information, in particular - a report including a score from Visa or/and Mastercard and is formed using the data of your payment cards and transactions carried out with the use of such cards, the data of which are provided by yourself to Mala, in order for us to make a decision on concluding a loan agreement.
9.6 You hereby authorise Mala to coordinate with the Merchant, broker, or agent from whom you have made a purchase using Mala, to downgrade or cancel your membership, subscription or any upcoming fulfillment or service.
9.7 You hereby authorize Mala’s Merchant, broker or agent partner, to liaise with their vendors, suppliers and/or manufacturers if applicable, to enforce the aforementioned cancellation and/or downgrade.
9.8 We may at any time, and upon notice to you, assign (whether absolutely or by way of security) sell or transfer your Mala Account or any amounts due on your Mala Account to one or more third parties, either individually or as part of a pooled group of accounts.
9.9 The third party or parties to whom we make any such assignment, sale or transfer, shall be entitled to all our rights under these Terms, to the extent assigned, sold or transferred.
9.10 You acknowledge and agree that we may assign, sell or transfer our obligations under these Terms or in relation to your Mala Account (whether in whole or in part) or assign, sell or transfer your contract with us (whether in whole or in part) to a third party or parties. This clause 9.10 shall constitute our prior notice of any such assignment, sale or transfer and your advance consent to any such assignment, sale or transfer.
9.11 The third party or parties to whom we make any such transfer of our obligations under these Terms or in relation to your Mala Account (whether in whole or in part) or transfer of your contract as a whole, shall assume our obligations under these Terms or in relation to your Mala Account, to the extent transferred.
9.12 We may disclose any information relating to your Mala Account and your contract with us including information relating to your repayment history and credit behaviour to any person or entity to whom we make any such sale, assignment or transfer.
9.13 You hereby acknowledge, agree and consent:
9.13.1 to any security interests granted by Mala in favour of HSBC UAE as applicable from time to time, each at the relevant time acting as security agent in the United Arab Emirates (each a “Murabaha Security Agent”) over all its present and future rights, title and interest from time to time in and to all receivables, accounts payable, book and other debts, all proceeds and other rights to receive money under or in connection with these Terms;
9.13.2 to the perfection and registration of such security interests in the registry with the registry established by the president of the Dubai International Financial Centre (DIFC) pursuant to Article 36 (Security Registry) of DIFC Law No. 8 of 2005 in respect of the law of security, and includes any replacement or successor register, and with the Emirates Integrated Registries Company L.L.C. established in the United Arab Emirates and regulated by the regulations issued pursuant to Cabinet Resolution No. 29 of 2021 on the executive regulations of Federal Law No. 4 of 2020 regarding security over rights in movable assets, which was issued and published in the UAE Official Gazette on 21 March 2021, or any other successor register, entity or forum;
9.13.3 to the exercise by the Murabaha Security Agent (or any receiver or delegate) of any of its rights under such security interests;
9.13.4 to pay any amounts owing as such fall due under these Terms, as directed from time to time by the Murabaha Security Agent in writing;
9.13.5 not to claim or exercise any right of set-off or counterclaim in respect of these Terms; and
9.13.6 that you have been notified of the security having been, or to be created, on the terms and conditions set out in these Terms, as required under applicable law.
9.14 You hereby acknowledge and agree we are authorized to exercise the same rights against you as the Merchant may exercise based on the Products.
9.15 Save for any receivables, accounts payable, book and other debts, proceeds and other rights to receive money that are otherwise the subject of a transfer and/or a security interest pursuant to clause 9.13, and as part of a wider financing transaction, we have agreed to sell, assign and transfer all of our rights, title and benefit to selected receivables, accounts payable, book and other debts, proceeds and other rights to receive money under or in connection with these Terms and that have the prefix “LTF” in the unique identification number of the B2B BNPL agreement or transaction to which they relate (the “Flow II Receivables”) from time to time to Flow Finance II Designated Activity Company (the “Purchaser”). You hereby agree to and acknowledge the sale, assignment and transfer provided for in this clause 9.15 and that this clause 9.15 shall constitute notice of such sale, assignment and transfer. Until such time as you are notified to the contrary, we will continue to administer and service the Flow II Receivables on behalf of the Purchaser. Further, until notified to the contrary, you must discharge your obligation to make payment in connection with the Flow II Receivables to the Purchaser by paying such amounts in accordance with, and to the persons specified in, these Terms. In connection with such sale, assignment and/or transfer, you agree and acknowledge that we may disclose any information relating to your agreement with us and your use of the relevant Mala Service representing the Flow II Receivable to the Purchaser, any financier of the Purchaser and any of their respective directors, nominees, employees, professional service providers and advisors.
10. Dispute Rights
10.1 Any complaints in relation to Products shall be handled exclusively by the Merchant and you hereby agree that Mala has no responsibility or liability to you in respect of any issue of performance, merchantability, or suitability of the Products themselves. You acknowledge and agree that your payment obligations under these Terms, including the repayment of any amounts owed to Mala, are independent of the fulfillment or non-fulfillment of any Products or services by the Merchant. Non-performance, delays, or any other issue related to the Product or service will not affect, reduce, or eliminate your obligation to repay the Total Amount Due to Mala in accordance with these Terms.
10.2 Subject to us receiving written confirmation from a Merchant to refund an amount payable for a Product, we will credit your Mala Account the relevant balance.
10.3 In no circumstance will we be required to pay any amount directly to you that is to be credited to your Mala Account as part of a refund.
10.4 Complaints in relation to Mala or Mala Services can be submitted in writing through the contact form on our Website.
12. Restricted Use and Intellectual Property Rights
12.1 We own or hold the rights to any and all intellectual property in our Website and App (“Core IP”), as well all intellectual property and other rights in all material (including all text, graphics, logos, audio, and software) made available on or through our Website and App (“Content”).
12.2 Your use of the Mala Services, our Website, or our App does not grant or transfer any rights, title, or interest in either the Core IP or the Content to you.
12.3 We hereby grant to you a license to access and use the Website and the App solely for the purpose of your use and enjoyment of the Mala Services, as outlined in these Terms and, where applicable, as expressly authorized by us.
12.4 You are expressly prohibited from:
12.4.1 using our Website or App otherwise than in accordance with these Terms and other than for the purpose of using the Mala Services;
12.4.2 reselling or sub-licensing the use of our Website or App;
12.4.3 reverse engineering, copying, or otherwise reproducing our Website or App or any Content; or
12.4.4 modifying, adapting, developing, creating any derivative work, reverse engineering, decompiling, disassembling, unlocking, or carrying out any act restricted by the scope of your license, in relation to the Core IP, our Website, App, or the Content.
12.5 Any reproduction or redistribution of our Website or App or any Content is prohibited and will result in civil and/or criminal penalties. In addition, the copy (in whole or in part) of any Content to any other server, location, or support for publication, reproduction, or distribution is expressly prohibited.
12.6 All other use, copying, or reproduction of our Core IP, Website, App, or Content (or any part of it) is strictly prohibited in accordance with applicable law.
13. Availability and Security
13.1 You are responsible for maintaining the secrecy of the login credentials to your Mala Account with us. You are required to notify us immediately of the loss, theft, or possible unauthorized use of your Mala Account via the App.
13.2 If you permit any person to use your Mala Account information, login, or other details with the authorization to obtain credit on your Mala 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 limit to be exceeded.
13.3 You acknowledge and agree that you will not hold us responsible for any liability arising from the actions or inactions of any third party in connection with any permissions you grant under clause 13.2.
13.4 We provide no warranty or guarantee that your access to our Website, App, or the Mala Services will be uninterrupted, timely, or error-free.
13.5 We will occasionally carry out repairs, maintenance, or introduce new facilities and functions, and access to the Website, App, or the Mala Services may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice.
13.6 We may impose restrictions on the length and manner of usage of any part of the Mala Services for any reason.
13.7 If we impose restrictions on you personally, you must not attempt to use the Mala Services under any other name or user or on any other mobile device.
13.8 It is your responsibility to keep your phone and access to the Mala 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) as it could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features, and it could mean that the Mala Services will not work properly or at all.
13.9 We provide no warranty or guarantee the App or Website will be compatible with all hardware and software which you may use.
13.10 We shall not be held liable for 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 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.
14. Data Protection
14.1 Mala and our affiliates will process your data in accordance with all applicable data protection regulations.
14.2 In order to deliver the Mala 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.
14.3 We process your personal data for the following legitimate purposes directly related to your use of the Mala Services:
14.3.1 to perform a credit check on you and/or to confirm your identity;
14.3.2 to send you an invoice via email, text message, or push notification;
14.3.3 to facilitate the payment via bank transfer, direct debit, or any other payment method chosen by you;
14.3.4 for marketing and business development purposes; and
14.3.5 to administer payments received and to send reminders for non-received payments; and
14.3.6 to engage debt collection agencies in case of non-payments.
14.4 You hereby acknowledge and agree that we may share any personal data we hold on you with the Merchants from whom you have bought Products.
14.5 You can request details of your personal information held by us by contacting us via email at support@mala.sa, and may request corrections to any personal data we hold about you in cases where the information is incorrect.
14.6 We have implemented adequate technical and organizational measures to prevent any unauthorized access or loss of your personal data.
15. Disclaimer
15.1 We hereby exclude all warranties and conditions, whether express or implied by statute, common law or otherwise, to the extent permitted by law that:
15.1.1 the performance of our Website or App;
15.1.2 the use or access to our Website or App will be uninterrupted;
15.1.3 our Website or App are free of any virus or other computer software routine intended or designed to permit unauthorized access to your computer system or disable, damage, erase, disrupt or impair the normal operation of your computer system; or
15.1.4 the accuracy, reliability, or completeness of any Content.
15.2 Our Website and App (including any Content) are provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the suitability of accessing and using our Website, App, and Mala Services. Your use and access of our Website, App, or the Mala Services is entirely at your own risk.
15.3 We will have no responsibility or liability to you in relation to any loss or damage that you incur, including but not limited to damage to your software or hardware or loss of data, arising from your use of or access to our Website, App, or Mala Services, or the unavailability of our Website, App, or Mala Services.
15.4 To the full extent permitted by law, we exclude all warranties (express or implied), terms, conditions, or undertakings not stated in these Terms, whether expressed or implied, in relation to our Website, App, or the Mala Services.
15.5 Mala hereby excludes any and all liability for any loss or damages incurred by you or a third party as a result of any act or omission by us in respect of the provision of the Mala Services, the Website, or the App.
16. Liability
16.1 Neither you nor Mala excludes or limits liability for:
16.1.1 death or personal injury due to negligence; or
16.1.2 fraud or fraudulent misrepresentation; or
16.1.3 any other loss which cannot be excluded or limited under the governing law of these Terms.
16.2 Mala shall not be held liable for any indirect or consequential loss or damage including, without limitation, any loss of business or profits in each case whether arising from negligence, breach of contract or otherwise.
16.3 Subject always to clauses 16.1 and 16.2, the total liability of Mala for any breach of these Terms, whether for negligence, misrepresentation, breach of contract or otherwise for any direct loss or damage under or related to the Mala Services or these Terms shall be capped for the duration of these Terms at a total amount of Ten Thousand Saudi Riyals (SAR 10,000).
16.4 When using Mala Services (including our Website/App) to purchase Products you hereby acknowledge and agree that:
16.4.1 your purchase of Products is subject to the Merchant’s terms and conditions of sale;
16.4.2 we are not agents or representatives acting on behalf of the Merchant;
16.4.3 the Merchant’s terms and conditions of sale, and any policies or promotions are independent of Mala and are not controlled by us;
16.4.4 we provide no warranty as to the condition, merchantability, or fitness for a particular purpose of the goods sold by the Merchant and purchased by you;
16.4.5 you will address all claims you may have in relation to the Products directly to the Merchant and not us; and
16.4.6 we have no liability to you whatsoever for any claim for loss or damage that arises from your use or purchase of Products from a Merchant.
16.5 Without prejudice to clause 16.4 above, to the extent permitted by law, you hereby indemnify, release, and hold harmless Mala, our directors, officers, employees, and agents from and against any and all losses, actions, claims (actual or threatened), proceedings (including proceedings where we are joined pursuant to any proportionate liability regime) or demands (including any costs and expenses in defending or servicing same) which may be brought against us, in respect of any loss (including any indirect or consequential loss, loss of opportunity, loss of revenue, loss of profit, loss of reputation), death, injury, illness, or damage to persons or property, and whether direct or indirect and in respect of any breach of any industrial or intellectual property rights, howsoever arising out of the use of, reliance on, or benefit of, any Products purchased from a Merchant.
17. Term and Termination
17.1 These Terms represent an agreement you have with us for the duration of your use of the Mala Services.
17.2 These Terms apply (as amended from time to time) until terminated in accordance with this clause 17.
17.3 We may suspend or close your Mala Account or otherwise terminate your right to use your Mala Account at any time at our absolute discretion.
17.4 If you owe any Installments upon the effective date of termination of these Terms, you must pay them in full within ten days of such date of termination.
17.5 Terminating these Terms does not automatically terminate any other service contract that you have entered into in connection with these Terms.
17.6 Please note that terminating these Terms will not terminate your purchase agreement(s) with the Merchants.
17.7 Your rights and obligations in relation to your agreements with Merchants are governed by those agreements and the legislation relating to them.
17.8 We will retain your information after the closure of your Mala Account in accordance with our privacy policy.
18. Miscellaneous
18.1 These Terms contain all the terms agreed between us and you regarding their subject matter and supersede and exclude any prior terms and conditions, understanding, or arrangement between us and you, whether oral or in writing.
18.2 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.
18.3 Our failure or delay in exercising any of our rights under these Terms does not mean that we are unable to exercise those rights later.
19. Governing Law and Jurisdiction
19.1 These Terms, the provision of the Mala Services, and all contracts concluded by us are governed by the laws of the Abu Dhabi Global Market.
19.2 You irrevocably agree that the competent courts of the Abu Dhabi Global Market shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms, the provision of the Mala Services, and any contracts concluded between us.