Happy Pay Terms & Conditions

Updated: 1 July 2023

Thank you for visiting our website and considering the use of our services and products. This agreement sets out the terms and conditions relating to the provision of our Payment Services.

Please ensure that you read this agreement carefully and pay special attention to all terms in bold. By clicking accept you agree to be bound by these terms and conditions and our Privacy Policy.

It is the responsibility of the user to read the sections below and to ensure that they fully understand the conditions, and by no means will Happy Pay or any representative of Happy Pay be held accountable for failure by a user to do so. If you have queries or you are unsure of the content, please feel free to contact us before you commence any activity on the website. Also note that accessing each product adds further unique terms and conditions that impact your relationship with Happy Pay.

Happy Pay promotes responsible lending, please do not expose yourself to credit if you know you cannot afford it.

Please also note that these terms and conditions may change from time to time. If the terms and conditions are amended you will be required to click accept again when you make use of our Payment Services.

1. DEFINITIONS

1.1. In this Agreement, unless the context otherwise requires:

1.1.1. “Agreement” means this entire agreement;

1.1.2. “Business Day” means any day or other than a Saturday, Sunday or official public holiday in South Africa.

1.1.3. “Card” means a valid credit or debit card issued by a South African bank in your name.

1.1.4. “Customer”/”you”/”your” means the person who makes use of the Happy Pay Platform to purchase Goods from a Merchant;

1.1.5. “Late Fee” means the fee of R100.00 (including VAT) charged if you miss an Instalment Payment or part thereof is unpaid, and which will be charged weekly for a maximum of 3 (three) charges until your overdue balance is paid in full.

1.1.6 “Interest” means the interest charged on an overdue balance (excluding Late Fees) at a rate of 2.00% per month once the Instalment Plan is deemed to be an incidental credit agreement in accordance with the NCA.

1.1.7. “Goods” means the goods or services that you are buying from the MerchantSite.

1.1.8. “Instalment Plan” means the payment plan for the Purchase Price of your Goods, showing the amounts due by you,

1.1.9. “Instalment Payment” means a periodic payment detailed in the Instalment Plan.

1.1.10. “NCA”means the National Credit Act 34 of 2005, together with its regulations, as amended from time to time

1.1.11. “Happy Pay”/”we”/”us”/”our” refers to Happy Pay Proprietary Limited, registration number 2021/925940/07, a private company with limited liability duly incorporated in RSA with its registered office at Darter Studio, Longkloof Gardens, Cape Town, South Africa, 8001;

1.1.12. “Happy Pay Platform” means the proprietary technology platform developed by Happy Pay for purposes of providing the Payment Services;

1.1.13. “Buy Now Pay Later” means the service offered by Happy Pay that, subject to the approval by Happy Pay, allows Customers to pay the Purchase Price over an Instalment Plan;

1.1.14. “Happy Pay Website” means www.happypay.co.za;

1.1.15. “Payment Service” includes the Pay Now and the Buy Now Pay Later and any other service that may be offered to Customers by Happy Pay;

1.1.16. “Pay Now” means the service offered by Happy Pay that allows Customers to pay the Purchase Price in full in a single payment;

1.1.17. “Personal Information” has the meaning assigned thereto in POPI;

1.1.18. “POPIA” means the Protection of Personal Information Act 4 of 2013;

1.1.19. “Privacy Policy” means the privacy policy as set out on the Happy Pay Website, as amended from time to time;

1.1.20. “Processing” has the meaning assigned thereto in POPIA and “Process” and “Processed” shall have corresponding meaning;

1.1.21. “Purchase Price” means the full purchase price (inclusive of VAT) payable in respect of any Goods purchased by a Customer, including any delivery or other costs included in the price;

1.1.22. “Refund” means a refund of a Purchase Price;

1.1.23. “Merchant” means the merchant who has integrated the MerchantSite with our Happy Pay  Platform in order to provide the Payment Services.

1.1.24. “Merchant Site” means the e-commerce or physical site of the Merchant.

1.1.25. “Debit Order” means an authorization given by you to Happy Pay to collect payments from your bank account when your primary payment method (Card) fails to process the agreed payments as per the Contract Reference Number.

2. BUY NOW PAY LATER

2.1. Upon our acceptance of your request for the Buy Now Pay Later service  on our Platform, we undertake to pay the Merchant the Purchase Price for the Goods you have selected to purchase on your behalf, and you agree to pay us in accordance with the Instalment Plan, subject to the terms and conditions contained in this Agreement.

2.2. The Goods that you have purchased are governed by the relevant terms and conditions and policies of that Merchant. Your agreement in respect of the Goods is with the Merchant. Your agreement in respect of the Instalment Plan is with us.

2.3. Once you have entered into an Instalment Plan, we cannot amend or cancel any such plan without written confirmation from the Merchant in accordance with clause 10 (Refund Arrangements)

3. PAY NOW

3.1. Upon our acceptance of your request for the Pay Now service on our Platform, we undertake to settle the Merchant for the Purchase Price for the Goods you have selected to purchase and paid for, subject to the terms and conditions contained in this Agreement.

3.2. The Goods that you have purchased using the Pay Now service are governed by the relevant terms and conditions and policies of that Merchant. Your agreement in respect of these Goods is with the Merchant and the provisions of clause 6 (Merchants) apply to you when using the Pay Now service.

4. OUR OBLIGATIONS AND ACKNOWLEDGEMENTS

4.1. If your request for the Buy Now Pay Later service is approved, Happy Pay shall pay to the Merchant the Purchase Price for the Goods on your behalf.

4.2. Where you have entered into an Instalment Plan, we will continue to fulfil our obligations to you unless the Instalment Plan is terminated in accordance with this Agreement.

4.3. We do not guarantee acceptance to the Buy Now Pay Later service and reserve the right to decline your request for the Buy Now Pay Later Service at our sole discretion, even if you have previously used the Buy Now Pay Later service and paid your instalments in full and on time for other transactions.

4.4. Our discretion will be exercised reasonably.

5. YOUR OBLIGATIONS AND RESPONSIBILITIES

5.1. In respect of the Buy Now Pay Later service:

5.1.1. in return for us paying the Merchant the Purchase Price on your behalf for the Goods, you agree to pay us in accordance with the Instalment Plan plus any applicable Late Fees charged when an Instalment Payment is not received on time or paid in full, subject to the conditions set out in clause 8 (Missed Payment) below;

5.1.2. you warrant that all of the information that you provide to us is true, complete, accurate and correct, and that you will immediately notify us if any of this information changes; and

5.1.3. if your application is not complete or if you don’t provide us with any required documentation, we may contact you to obtain the required information or documentation, or we may approve or decline your application.

5.1.4. You confirm that you:

5.1.4.1. are a permanent resident of South Africa

5.1.4.2. are over 18 years of age;

5.1.4.3. lawfully reside in South Africa on a permanent basis;

5.1.4.4. are permanently employed or self-employed in South Africa;

5.1.4.5. are not currently over-indebted;

5.1.4.6. are not going through financial difficulty;

5.1.4.7. have not been declared mentally ill or unfit by a court;

5.1.4.8. have not applied for or are currently under administration, provisional or final sequestration or debt review; and

5.1.4.9. have a valid debit or credit card issued by a South African bank in your name.

5.1.5. You unconditionally and irrevocably agree that we are entitled to debit any of your Card accounts or process a Debit Order on your bank account in accordance with the Instalment Plan, including any Late Fees, on your preferred payment date, the 25th of each month, or your provided salary payment date.

5.1.6. You agree to have sufficient funds available in your Card account to cover all Instalment Payments when due in full, or alternatively to pay the Instalment Payments in full before the due date.

5.1.7. You agree to pay all amounts due under the Instalment Plan irrespective of any issue or dispute with respect to the Goods or the Merchant, regardless of  whether you currently own or have the Goods in your possession or if they were ordered as a result of any unauthorised or fraudulent use of your account.

5.1.8. You agree that each Instalment Plan entered into is a new transaction and that your use of the Happy Pay platform and the Payment Services is at our discretion, and that there is no guarantee that the Happy Pay platform or the Payment Services will be available for any purchase of Goods.

5.1.9. You agree not to apply any set-off or other deduction from any Instalment Payment for any reason including any dispute or issue you may have with the Merchant, the MerchantSite or in relation to the Goods supplied by the Merchant or if Goods were ordered as a result of any unauthorised or fraudulent use of your account.

5.2. You are liable for any fees or costs that your bank may charge you when payment is made using your Card.

5.3. You accept all risk and liability related to the sale of the Goods by the Merchant and agree that we are not responsible for the delivery, suitability or quality of any Goods you have elected to purchase. You agree to contact and claim against the Merchant in the event of any issue with the Goods or if you wish to return any Goods.

5.4. You agree to keep your account details and password private and confidential, and that you are responsible for any orders placed using your account details including any unauthorised or fraudulent use of your account. Accordingly, you agree to indemnify us and accept all legal responsibility and liability for all specific and related losses arising as a result of any fraudulent activity or unauthorised use of your account.

5.5. You agree to contact us immediately if you reasonably suspect that your account may have been used or will be used by an unauthorised third party or if you suspect fraudulent activity on your account. We will not be responsible if you fail to notify us and will not cover any unauthorised and/or fraudulent transactions which will be your responsibility.

5.6. If there is unauthorised use or fraudulent activity on your account or if we suspect that there may be unauthorised use or fraudulent activity or if we are compelled to do so by law, we may immediately suspend your account without notice and you indemnify us against any losses or harm we may incur as a result.

6. MERCHANTS

6.1. We do not guarantee and have no responsibility for:

6.1.1. the suitability, quality or delivery of any Goods purchased by you from the Merchant; or

6.1.2. the availability of any Goods, all of which are the responsibility of the Merchant.

6.2. Any dispute that you have about the Goods (including but not limited to the quality, non-delivery or return of Goods) must be resolved directly with the Merchant.

6.3. We will not be liable to you if any Merchant refuses to accept our Payment Services for any Goods purchased. You will not have the right to claim anything from us or to institute any counterclaim against us or to apply setoff against us on this basis or any other basis whatsoever.

6.4. You cannot withhold any payments on the Instalment Plan as a result of any disputes that you may have with the Merchant.

6.5. If you have a dispute with a Merchant, that dispute will not entitle you to:

6.5.1. instruct us to refuse to pay the Merchant for Goods purchased by you;

6.5.2. refuse to pay us for payments already made to the Merchant, irrespective of whether such payment was made in respect of the Goods that are the subject-matter of a dispute; or

6.5.3. instruct us to reverse a payment already made to the Merchant.

7. INTEREST AND FEES

7.1. No fees or interest will be charged in respect of the Instalment Plan, provided that all Instalment Payments are paid in accordance with the Instalment Plan.

7.2. No fees will be charged to open or use a Happy Pay account.

7.3. Late Fees and Interest will be charged in accordance with clause 8 and 9 below if an Instalment Payment is not paid in full on the due date as detailed in the Instalment Plan.

8. MISSED PAYMENT

8.1. The Instalment Plan provided to you will serve as the account for the payments required under the Instalment Plan and will indicate the due date for each Instalment Payment to be made.

8.2. If we have not received an Instalment Payment on its due date, then we will automatically charge a Late Fee to the Instalment Plan and will continue to charge an additional Late Fee every week thereafter, until either (i) we have received full payment on your outstanding balance (including any Late Fees) or (ii) you have been charged a maximum of three (3) Late Fees on an Instalment Plan.

8.3. In the event that we are unsuccessful in obtaining payment from your Primary Card for an Instalment on the due date, you irrevocably authorise us to:

8.3.1. take payment of the overdue Instalment Payment including any Late Fees from any Card that is loaded on your Happy Pay profile at any date.

8.3.2. accelerate the due date of all future Instalments for the Instalment Plan that is in arrears, and take payment from any Card on your Happy Pay profile at any date;

8.3.3. accelerate the due date of all future Instalments for any other Instalment Plan you may have, and take payment from any of your Card accounts at any date;

8.4. Happy Pay reserves the right, in its absolute discretion to waive or defer any Late Fees. Any express election we make to temporarily or permanently waive payment by you of a Late Fee or other amount due to us under an Instalment Plan does not imply a waiver of any other amount due and we reserve all rights to make demand for such amounts.

8.5. Total Late Fees charged shall be capped at R300.00 (including VAT).

9. OVERDUE AMOUNTS

9.1. If there is an unpaid balance on your Instalment Plan post the final Instalment Payment date then:

9.1.1. we may charge Interest on any overdue amount (excluding Late Fees) once the Instalment Plan is deemed to be an incidental credit agreement in accordance with the NCA;

9.1.2. Interest will be calculated on a daily basis and added to the outstanding balance (in other words, compounded) on a monthly basis; and

9.1.3. to the extent permissible in law, you may also be charged default administration charges and collections costs incurred.

9.2. We may approach a court to take judgment against you for the debt owed by you to us in terms of this agreement. If we do, a certificate signed by any one of our managers (whose appointment and authority need not be proved) stating the amount that you owe us and the applicable interest rate, shall be accepted as sufficient proof of your indebtedness and shall be deemed correct unless you are able to prove otherwise.

9.3. The address that you gave us when registering for the Payment Service application is the address that you choose where legal documents may be served on you. If we are able to serve documents on you electronically, the e-mail address that we have on record for you will be used. If you wish to change your physical address, e-mail address and/or cellphone number, you must give us notice hereof and any such change will take effect 7 Business Days after we receive such notice.

9.4. If you have a query or complaint, contact our customer services department at support@happypay.co.za for a resolution. If you are not satisfied with the outcome of your query or complaint, you have the right to resolve the matter by way of alternative dispute resolution. If this Agreement becomes an incidental credit agreement, you can file any complaints with the National Credit Regulator (contact number 0860 627 627) or make application to the National Credit Tribunal.

10. REFUNDS

10.1. Any full or partial return of the Goods is subject to the Merchant’s returns policy and applicable laws and must be settled with that Merchant.

10.2. We will only amend an Instalment Plan and process a Refund once the Merchant has requested us to do so in writing.

10.3. The Instalment Plan is automatically adjusted by the Happy Pay platform by applying the refund amount to the last instalment first and working backwards to the other instalments.

10.4. For full refunds, the refund amount will be equal to the sum of instalments paid to date.

10.5. For partial refunds, if the refund amount is greater than the instalments still due, then we will refund you the difference and mark the Instalment Plan as paid up; if the refund amount is less than the instalments still due, then we will adjust the Instalment Plan accordingly to reflect the revised amount still due.

10.6. Where a cash refund is due to you, we will credit your Card account, which may take up to 10 (ten) Business Days to reflect on your Card account.

10.7. Where you have used a Coupon to pay for an order, and you or the merchant later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with this Policy, the value of the Coupon will be deducted from the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

10.8. If a Merchant refunds you directly in cash, vouchers or the like, you will remain responsible for payment of the Instalment Plan, notwithstanding such refund.

10.9. You can view your revised Instalment Plan on your Happy Pay account.

11. PERSONAL INFORMATION

11.1. Your privacy is very important to us and we will use reasonable efforts in order to ensure that any information, including Personal Information, provided by you, or which is collected from you or third parties, is stored in a secure manner. You can refer to our Privacy Policy for more information on our privacy practices.

11.2. You undertake to furnish us with all information, including Personal Information,

11.3. You agree to give honest, accurate and current Personal Information about yourself to us and to maintain and update such information when necessary and you agree to indemnify us against any losses or harm we may incur as a result of our reliance on inaccurate information about you provided to us.

11.4. You agree and consent that we may transmit to registered credit bureau(s) information concerning:

11.4.1. this Agreement and the termination thereof; and

11.4.2. any non-compliance by you with the terms of this Agreement.

11.5. You acknowledge that such credit bureau(s) may provide a credit profile and possibly a credit score on your creditworthiness. You have the right to contact such credit bureau(s), to have the credit record(s) disclosed and to correct any inaccurate information.

11.6. You agree that we may seek information from any credit bureau when assessing your application, and at any time during the existence of this Agreement.

11.7. You acknowledge and expressly consent that we may Process your Personal Information for the following reasons (amongst others):

11.7.1. to verify information that you provided to us and generally make whatever enquiries we may deem necessary from any source whatsoever;

11.7.2. to conclude this Agreement and for purposes of providing the Payment Services to you and complying with your instructions;

11.7.3. to prevent, detect and report fraudulent and criminal activities and to identify the proceeds of unlawful activities and combat money laundering activities and to assist law enforcement agencies in this regard;

11.7.4. to comply with any obligation imposed by applicable laws on us, including statutory and regulatory requirements in respect of the storage and maintenance of documents and information;

11.7.5. to comply with valid requests for information, including subject access requests and requests in terms of the Promotion of Access to Information Act 2 of 2000. Our PAIA Manual can be accessed here;

11.7.6. to comply with information requests by regulators or bodies lawfully requesting the information (e.g. tax authorities);

11.7.7. to assess Customer complaints;

11.7.8. to provide information to you about products or services which may be of interest to you;

11.7.9. to enforce and collect payments when you are in default or breach of this Agreement;

11.7.10. to conduct market and behavioral research including scoring and analysis to determine if you qualify for products and services;

11.7.11. to send you direct marketing;

11.7.12. to profile you for direct marketing purposes;

11.7.13. to develop, test and improve products and services for you;

11.7.14. for historical, statistical and research purposes;

11.7.15. to process payment instruments;

11.7.16. to manage and maintain your accounts and relationship with us;

11.7.17. to disclose and obtain information from credit bureaus;

11.7.18. to enable us to communicate and deliver notices or documents to you;

11.7.19. for security, identification and to check the accuracy of your information; and

11.7.20. for internal purposes such as training and monitoring.

11.8. You agree and consent that we may share your Personal Information with third parties, including business partners, where it is in our or their legitimate interests to do so, and, if permitted in terms of relevant laws, for purposes of direct marketing.

11.9. We may Process your Personal Information outside of the borders of South Africa, according to the safeguards and requirements of the law. These safeguards may include transferring and storing your Personal Information in a country that has equivalent, or better, data protection legislation than South Africa or with a service provider which is subject to an agreement requiring it to comply with data protection requirements equivalent or better than those applicable in South Africa.

11.10. We may process your information using automated means (without human intervention in the decision making process) to make a decision about you or any application made under this Agreement. You are allowed to request more information and make representations about the process of making such a

decision

11.11. We may use your de-personalized information for product development and research.

11.12. You have the right to access your Personal Information held by us. We shall provide you with such access during office hours within a reasonable time after receiving a written request for access.

11.13. You acknowledge that any Personal Information supplied to us is provided voluntarily and that we may not be able to comply with our obligations under this Agreement or provide you with the Payment Services if you do not provide the requested Personal Information to us.

11.14. By submitting any Personal Information to us in any form you further acknowledge that such conduct constitutes an unconditional, specific and voluntary consent to the Processing, including the storage, of such Personal Information by us under any applicable law in the manner contemplated in clause 11.7 above. This consent is, in the absence of any written objection received from you, indefinite and/or for the period otherwise required in terms of any applicable law.

11.15. You have the right to request us to delete your Personal Information or a record of your Personal Information if we are no longer authorised to Process it. If you make such request, we will freeze or suspend all the functionality on your

account and stop sending marketing communications to you.

11.16. Should you believe that we have utilised your Personal Information contrary to applicable law, you agree to first attempt to resolve any concerns with us. If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator.

12. DIRECT AND AFFILIATE MARKETING

We may send you direct and affiliate marketing about our products and services and affiliate partner offers and services which may be of interest to you, but you may unsubscribe (opt out) at any time by sending an email to support@happypay.co.za.

13. OUR COMMUNICATIONS WITH YOU

13.1. If we need to contact you, we may use various communication methods, including calling and texting your mobile number, sending emails to the email address you have provided, or sending physical mail to the address on record.

13.2. By accepting these Terms & Conditions, you also expressly consent to receive WhatsApp messages from Happy Pay for purposes related to your account, Payment Services, promotions, and other relevant communications.

13.3. WhatsApp messages may include transaction updates, account notifications, promotional offers, and important information regarding your Instalment Plan, Payments, and account management.

13.4. You have the right to withdraw this consent at any time by sending an email to hello@happypay.co.za. Upon withdrawal of consent, you may continue to receive essential transactional messages, but promotional and non-essential messages will cease.

13.5. Happy Pay will use your provided WhatsApp contact details for communication in compliance with applicable data protection laws and regulations, including but not limited to POPIA (Protection of Personal Information Act) and relevant privacy policies.

13.6. By providing your WhatsApp contact details and accepting this clause, you confirm tIf 13.1. If we need to contact you, we may use various communication methods, including calling and texting your mobile number, sending emails to the email address you have provided, or sending physical mail to the address on record.

13.2. By accepting these Terms & Conditions, you also expressly consent to receive WhatsApp messages from Happy Pay for purposes related to your account, Payment Services, promotions, and other relevant communications.

13.3. WhatsApp messages may include transaction updates, account notifications, promotional offers, and important information regarding your Instalment Plan, Payments, and account management.

13.4. You have the right to withdraw this consent at any time by sending an email to hello@happypay.co.za. Upon withdrawal of consent, you may continue to receive essential transactional messages, but promotional and non-essential messages will cease.

13.5. Happy Pay will use your provided WhatsApp contact details for communication in compliance with applicable data protection laws and regulations, including but not limited to POPIA (Protection of Personal Information Act) and relevant privacy policies.

13.6. By providing your WhatsApp contact details and accepting this clause, you confirm that you are the owner of the WhatsApp account associated with the provided contact details or have the necessary authority to consent to such

14. INTELLECTUAL PROPERTY

All intellectual property in our Happy Pay platform, including any content, images, logos or graphics are owned by us. You must obtain our written permission if you wish to use any such intellectual property.

15. ASSIGNMENT

15.1. You may not cede your rights or delegate your obligations or otherwise assign, novate or transfer your rights and obligations under this Agreement, the Instalment Plan or any Instalment Payment without our consent, which may be withheld in our absolute discretion.

15.2. We may cede our rights and delegate our obligations or otherwise assign this Agreement, any right in this Agreement, or any Instalment Plan or any Instalment Payment to a third party without your consent.

16. LIMITATION ON LIABILITY

16.1. We will not be liable for anything outside of our reasonable control (for example, a failure of computer systems, or power failures which happen for reasons outside our reasonable control) or any industrial action, or political unrest, war, if this prevents us from providing our usual service.

16.2. To the extent permissible in law, and provided that we did not act fraudulently or with gross negligence, we will not be liable for any loss or damage sustained by you or a third party arising from the use of our Payment Services.

17. GENERAL

17.1. Nothing in this Agreement shall create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between us.

17.2. No waiver of any breach of this Agreement shall be deemed to be a waiver of any other, or any subsequent, breach. No failure or delay by any party in exercising any rights, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power or privilege under this Agreement.

17.3. This Agreement constitutes the entire agreement between us as it relates to a specific purchase of Goods and the relevant Instalment Plan. Each new purchase of Goods by way of the Pay-Later Service and associated Instalment Plan shall form a new Agreement.

17.4. If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Agreement will remain in full force and effect.

17.5. This Agreement shall be governed by and interpreted in accordance with the laws of South Africa. The parties irrevocably agree that the courts of South Africa shall have non-exclusive jurisdiction.

17.6. When you use our website or any of our other electronic channels, you do so entirely at your own risk. We cannot be held liable for any damage or loss sustained by you, or a third party, arising out of your access or use of our electronic channels, or reliance on any information contained thereon. You indemnify us accordingly. We do not warrant that the functions provided by these channels will be uninterrupted or error free, or that the website or the

server that makes it available are free from viruses or other harmful components. We further do not warrant that the content or information

displayed is always accurate, complete and/or current.

17.7. Should you wish to receive copies of documents relating to your account, you must advise us of the manner in which you want these to be delivered to you (provided we have the ability to effect the delivery you choose). In certain instances, we are entitled to charge a fee for such copies.

17.8. We can delay enforcing our rights under this agreement without losing them.

17.9. If we cannot enforce any term under this agreement, it will not affect any of the other terms of this agreement.

17.10. Each and every undertaking and clause as contained herein shall be capable of independent enforcement, thus enabling any court or other competent tribunal to enforce the remainder of this agreement should it adjudge any particular undertaking or portion or clause thereof to be invalid.

18. Debit Order Authorization

18.1. When you choose to use our Buy Now Pay Later service, you acknowledge that in the event your primary payment method (Card) fails, you authorize Happy Pay to initiate a Debit Order to ensure payment is collected as per the Installment Plan. This Debit Order will be processed on your preferred payment date, the 25th of each month, or on the salary payment date you provided. This authorization is in addition to and does not replace your obligations to ensure sufficient funds are available in your Card account for payments. You agree that Happy Pay can issue Debit Order instructions to your bank for collection against your account, subject to the agreed amounts and dates outlined in your Instalment Plan. All payment instructions issued by Happy Pay will be treated as if issued personally by you.