Alya General Terms of Use and Instalment Payment

Article 1 — Identification and Definitions

• Alya: ALYA PAY, a single-member limited liability company (SARL à associé unique) with a share capital of MAD 1,000,000, having its registered office at 131, boulevard Anfa, Résidence Azur, Office No. 11 B, Casablanca, registered with the Casablanca Trade Register under No. 613937, ICE 003463022000004.
• Contact: support@alyapay.com — Tel.: 06 66 28 62 41.
• Partner Merchant or Merchant: a professional offering the Alya services for payment for its goods or services, in store or remotely.
• Client: a natural person of full age and legal capacity, resident in Morocco, using the service for non-professional purposes.
• Order: a purchase of goods or services from a Partner Merchant.
• Payment Facility: the split payment of an Order in two, three or four payments, according to the options offered, over a maximum term of 90 days and not exceeding three calendar months.
• Payment Schedule: the personalised document setting out the Order, the total amount payable, the first payment, and the amount and due date of each instalment.
• Contract: these General Terms, the Payment Schedule, the special conditions and the schedule of charges where applicable, as communicated and accepted before subscription.
• Client Area: a personal interface, accessible via a web browser, enabling in particular the viewing of transactions and instalments.

Article 2 — Purpose of and Access to the Service

Alya enables the Client to pay for an Order in instalments after reviewing and approving the Client’s application.

Alya’s involvement falls within the scope of Bank Al-Maghrib letter ref. L/BKAM/2024/SRP/1885 dated 25 March 2024. This reference does not constitute a guarantee by Bank Al-Maghrib in respect of the Order or its repayment.

Each application is subject to a separate decision. Alya may refuse an application or restrict access to new Payment Facilities based, in particular, on identity, creditworthiness, security and fraud-prevention checks.

No prior approval, displayed limit or creation of a Client Area confers any vested right to the granting of a new Payment Facility.

Article 3 — Client Obligations and Means of Payment

3.1. Identity and Information Provided

The Client must use their true identity and provide accurate, complete and up-to-date information. The Client shall refrain from any identity theft, document forgery or intentionally misleading statement.

Alya may request the supporting documents needed to identify the Client, assess their repayment capacity and prevent fraud. Failure to provide the necessary supporting documents, or an unresolved inconsistency, may lead to the application being refused.

3.2. Bank Card

The Client must hold a Visa, Mastercard or CMI card issued by a regulated banking institution established in Morocco, compatible with the service and valid for at least one month after the final instalment.

Cards requiring systematic authorisation, credit cards, prepaid cards, virtual cards and cards issued outside Morocco are not accepted.

The card must belong to the Client. Any exception requires Alya’s prior consent and a separate, verifiable and sufficient authorisation from the cardholder. A statement by the Client alone does not replace the cardholder’s authorisation.

3.3. Personal Repayment Commitment

A Client who has validly entered into the Payment Facility remains personally liable for the amounts due, irrespective of who holds the card used.

The involvement of a third-party payer does not transfer the debt to that third party. The Client is discharged only to the extent of the amounts actually received and retained by Alya, or of the amounts validly cancelled.

Expiry, loss, replacement or blocking of a card or a stop (opposition) placed on it, closure of a bank account, insufficient funds or an exceeded limit neither extinguish the debt nor defer the instalments.

The Client must report any difficulty affecting their means of payment and arrange for its replacement with a means accepted by Alya.

These commitments apply to the Client who actually entered into the Contract, and not to a person who is the victim of identity theft.

3.4. Payment Authorisation

The Client authorises the debits corresponding to the Payment Schedule from the means of payment validly registered for that purpose.

If a debit fails, Alya may re-present overdue unpaid instalments within the limits of the authorisation given and the rules of the payment service provider. No other means of payment may be debited solely because a technical link with the Client has been identified.

A bank dispute or chargeback does not, in itself, cancel a validly incurred debt. Where that debt remains due, Alya may request payment by another means, without collecting it twice.

Article 4 — Subscription and Taking Effect

Before entering into any commitment, the Client reviews these General Terms, the total amount, the Payment Schedule and the applicable schedule of charges.

The application is formalised by completing the required validations and authentications, then by clicking the “Accept and pay” button.

The Payment Facility takes effect once Alya has expressly confirmed its approval. Mere verification of a card or a bank authorisation does not constitute that approval.

The first payment is collected when the Payment Facility takes effect. Where a later trigger is provided for, in particular upon shipment or delivery, that event and its consequences are communicated before subscription.

Confirmation of the Contract and the Payment Schedule is sent to the Client on a medium the Client can retain.

Article 5 — Merchant Terms, Withdrawal and Commercial Requests

The terms governing the sale, delivery, withdrawal, cancellation, return, exchange, warranty and refund of the Order are set out in the Partner Merchant’s general terms of sale, commercial policies and contractual provisions.

The Client must review those documents before confirming the Order and contact the Merchant directly with any request concerning the goods or services purchased.

Using Alya does not create any additional commercial right of return, exchange, cancellation or refund.

Alya grants no additional contractual right of unilateral renunciation of the Payment Facility once it has taken effect. A change of mind, a request to customer service or the closure of the Client Area is not sufficient to cancel the Contract.

The Merchant is responsible for reviewing commercial requests, receiving and inspecting returned products and determining any commercial refund granted. Alya does not authorise any return, exchange or goodwill gesture on the Merchant’s behalf.

Alya’s logging of a request does not amount to acceptance of the return, authorisation of a refund or suspension of the instalments.

Article 6 — Cancellations, Returns and Refunds

6.1. Partner Merchant Authorisation

Where a cancellation, return or commercial refund has been accepted by the Merchant, Alya acts on the basis of an express, authenticated and quantified instruction from the Merchant, sent through the agreed channel.

That instruction must identify the Order, state whether the cancellation is full or partial, and specify the amount to be refunded or deducted.

A request from the Client alone does not constitute authorisation of a refund and does not extinguish the Client’s payment obligation.

Alya may verify the instruction and request any clarification needed to carry it out.

6.2. Instalments Remain Payable

A complaint, a return number, the shipment of a product or a promise of refund does not, taken on its own, constitute proof that the Order has been cancelled.

A pending commercial request does not automatically suspend the Payment Schedule. The Client remains liable for the amounts due and payable for as long as no reduction, cancellation or suspension of their obligation has been secured.

The Client may not decide unilaterally to reduce their instalments solely on the basis of such requests.

6.3. Adjustment of the Debt

Upon receipt of an actionable instruction from the Merchant, Alya adjusts the Payment Facility.

In the event of full cancellation, the balance due in respect of the Order price is cancelled and any amounts already collected in respect of that price are returned.

In the event of partial cancellation, the refundable amount is deducted from the outstanding balance. Any excess is returned to the Client. A statement and, where necessary, an updated Payment Schedule are communicated to the Client.

The reduction of the payment obligation is limited to the Order and the amount concerned.

6.4. Credit Notes, Exchanges and Direct Refunds

A credit note or voucher accepted in place of a cash refund does not, in itself, reduce the debt owed to Alya. An exchange without a price reduction does not alter the Payment Schedule.

Any refund received directly from the Merchant must be reported to Alya. A payment made to the Client does not, in itself, constitute repayment of the debt owed to Alya. A reconciliation is carried out to determine the amounts still due and to prevent any double refund or double collection.

6.5. Measures Independent of Commercial Authorisation

The foregoing provisions do not make the effects of a lawfully exercised withdrawal, of a cancellation or suspension arising by operation of law, or of an enforceable court decision subject to the Merchant’s discretionary consent. The relevant supporting documents are sent to Alya for processing.

Article 7 — Non-Payment, Suspension and Acceleration

Any instalment not paid on its due date constitutes a late payment. The absence of a reminder does not defer the instalment’s due date.

Alya may immediately suspend access to new Payment Facilities and request settlement of the overdue amounts.

If the non-payment continues, Alya may send a formal notice (mise en demeure) setting out the amounts due, the payment arrangements and the consequences of failure to settle.

If the amounts are not settled within eight calendar days of the proven receipt of that formal notice, Alya may declare the balance of the Contract concerned immediately due and payable, where this consequence has been expressly announced.

Proven fraud or an intentional false statement that was decisive in the granting of the Payment Facility may also justify termination and the exercise of appropriate remedies.

Suspension of the service does not remove the repayment obligations. The means to view and pay the debt remain available.

Article 8 — Fraud and Misuse

The following are prohibited in particular: identity theft, document forgery, unauthorised use of a card, fictitious purchases, opening accounts to circumvent controls, refund manipulation and any collusion aimed at obtaining funds improperly.

Where there are serious indications, Alya may suspend new transactions, request verifications, preserve evidence and seek the assistance of the Merchant or of authorised parties.

Alya may refer the matter to the competent authorities and pursue the civil or criminal remedies warranted by the facts.

External communications are limited to authorised recipients and to the information needed. A mere delay or financial difficulty does not, in itself, constitute fraud.

Article 9 — Respective Roles of Alya and the Merchant

Alya is responsible for reviewing applications, managing Payment Facilities, collections, refunds and debt recovery. Following approval, Alya pays the Merchant the amounts provided for in their contractual relationship.

The Merchant remains responsible for the sale, delivery and conformity of the goods or services, for warranties and for handling commercial requests.

Each party remains responsible for its own obligations. The Merchant’s role in the sale does not release Alya from its obligations in respect of the instalment payment service.

Article 10 — Evidence and Retention

The Contract, the Payment Schedule, the versions of the documents accepted, time-stamped records of consent and authentication, proof of payment and correspondence may be produced to establish the conclusion and performance of the Payment Facility.

Alya retains these records using methods designed to preserve their integrity, traceability and confidentiality.

They may be challenged by any admissible means. These General Terms do not shift to the Client any burden of proof that lies with Alya by law.

Article 11 — Penalties, Fees and Debt Recovery

11.1. Late-Payment Penalties and Incident Fees

Where a delay is attributable to the Client, Alya reserves the right to apply the penalties and incident fees provided for the Payment Facility concerned, in accordance with the schedule of charges communicated and accepted before its subscription.

That schedule sets out the incidents covered, the triggering conditions, any period allowed for settlement, the amounts or calculation methods, the frequency of application and the caps.

Penalties and fees that have become due are added to the amounts outstanding and are set out in a statement. Contractual indemnities remain subject to the court’s statutory power to revise them.

11.2. Recovery and Legal Costs

Alya may claim the amicable recovery costs expressly provided for in the Contract and lawfully chargeable to the Client.

Procedural costs, court costs, service costs and enforcement costs may also be claimed where liability for them arises from the law or from a court decision.

Each item must be identifiable and justified; the same cost may not be charged more than once, nor the same loss compensated more than once.

11.3. Debt Recovery

Alya may carry out recovery directly, entrust it to an agent or bring legal proceedings. Civil recovery is not conditional on the existence of fraud.

Payment of penalties or fees does not release the Client from repaying the instalments or the balance due.

Recovery actions respect the Client’s confidentiality and involve neither unlawful threats nor unjustified disclosure of the Client’s debt.

11.4. No Waiver

Any forbearance, partial payment or one-off concession does not, in itself, constitute an amendment to the Payment Schedule, a waiver of the principal or an undertaking to renew that forbearance.

Any agreed amendment to the Payment Schedule or remission of debt must be expressly confirmed by Alya.

Article 12 — Information and Complaints

Any request concerning the Alya service may be sent to support@alyapay.com, quoting the Client, Order or Contract references.

Alya responds within 48 business hours. Where further checks are needed, Alya informs the Client of the intended next steps.

Requests concerning products, returns and commercial terms are to be sent to the Merchant in accordance with Articles 5 and 6.

A complaint does not, in itself, suspend the amounts due.

Article 13 — Personal Data, Security and Credit Bureaus

13.1. Purposes and Information

Alya processes the data needed to identify the Client, assess the application, prevent fraud and manage the Contract, payments, complaints and debt recovery.

The Privacy Policy, available before data collection and from the Client Area, sets out the data concerned, the purposes, the bases of processing, the recipients, the retention periods, the rights and the relevant CNDP references.

13.2. Credit Bureau Checks

Once the specific consent required has been obtained, and within the scope of its authorisations, Alya may obtain and consult reports, information and scores relating to the Client from Quantik and the other legally authorised bureaus identified in the notice presented to the Client.

Such checks are limited to assessing the application, preventing fraud and authorised monitoring of commitments. They do not constitute a general authorisation to access all of the Client’s financial data.

Refusing processing that is genuinely necessary to assess the application may prevent the Payment Facility from being granted. The consequences of such a refusal are explained before consent is obtained.

13.3. Reporting of Commitments and Incidents

Consulting and reporting information are subject to separate authorisations.

Where it is authorised to do so and the required consent has been obtained, Alya may report the authorised information relating to commitments, instalments, repayments, reportable incidents and settlements.

The data reported must be accurate and up to date. The categories of incidents, thresholds and reporting deadlines are set out in the applicable notice.

A duly reported incident may affect the assessment of future financing applications. It does not constitute an automatic banking ban.

13.4. Recipients and Security

Data may be disclosed to payment service providers, technical service providers, collection agents, advisers, assignees and authorised authorities, to the extent necessary for their duties.

Credit reports remain subject to their own disclosure restrictions. International transfers are subject to the required formalities.

Alya implements appropriate security measures, including access controls and suitable encryption mechanisms.

13.5. Client Rights

The Client may exercise their rights of access, rectification and objection and, where processing is based on consent, withdraw that consent, by contacting support@alyapay.com. The Client may also refer the matter to the CNDP.

Withdrawal of consent or closure of the account does not extinguish a validly incurred debt. Data whose retention remains legally justified may be retained for as long as necessary.

Marketing communications and satisfaction surveys based on consent are subject to a separate, optional choice.

Article 14 — Governing Law and Amendments

The Contract is governed by Moroccan law. These General Terms do not derogate from mandatory statutory provisions.

The version applicable to each Payment Facility is the one accepted upon its subscription. Subsequent amendments do not retroactively create new payment obligations.

If a provision is held to be void or unenforceable, the others remain applicable where the Contract can subsist without it.

Article 15 — Dispute Resolution

The parties may seek an amicable solution, without this preventing either of them from pursuing a remedy or seeking urgent relief.

Disputes fall within the jurisdiction of the competent Moroccan courts under the statutory rules on jurisdiction, including those applicable to consumer disputes.

Article 16 — Assignment, Refinancing and Security Interests

The Client may not transfer their obligations to a third party without Alya’s express consent.

Alya may assign, pledge or mobilise its receivables, in particular for the purposes of refinancing them, in compliance with the applicable formalities.

Such transactions may neither increase the amounts due nor remove the Client’s rights and defences. Any change of payee or payment details is communicated through a verifiable official channel.

The assignment of a receivable does not, in itself, authorise the transfer or use of a means of payment outside the scope of valid authorisations.

Article 17 — Electronic Acceptance

The Client must be able to view and retain the contractual documents before accepting them.

Specific commitments and consents are obtained through affirmative actions, without pre-ticked boxes.

By clicking “Accept and pay”, after completing the required validations, the Client confirms their intention to enter into the Payment Facility and to comply with the Payment Schedule presented.

Mere browsing, silence or the creation of an account is not sufficient to establish a repayment commitment.

A copy of the Contract and the Payment Schedule is sent to the Client on a durable medium.

Article 18 — Client Area and Account Security

The Client Area is personal and accessible via a web browser.

The Client must protect their means of access and authentication codes, not disclose them to third parties, keep their contact details up to date and report any compromise without delay.

The Client is liable for breaches attributable to them, without any irrebuttable presumption of liability for every transaction carried out through their account.

Closure of the account, removal of an access or a change of telephone number or email address does not end the repayment obligations.

Alya maintains a channel for viewing the amounts due, paying them and submitting a complaint.