Little Steps Financing: Buy now – Pay later (BNPL) Terms

4 March 2022

  1. Quick Reference

    1. The Little Steps Financing “Buy now – Pay later” product (BNPL Repayment Plan or
      Loan) is an interest free loan. It is used to spread the cost of one month’s
      childcare fees in up to 12 instalments over a period of up to 12 months.
    2. With the BNPL Repayment Plan you can apply to borrow up to one month’s nursery fees and, if
      we approve your application, we will pay the nursery fees directly to your Childcare
      Provider. You must then repay the amount of the Loan you have borrowed from us in a maximum
      of 12 consecutive monthly instalments.
    3. Before you apply for a BNPL Repayment Plan you should read these BNPL Terms carefully to
      make sure that the Loan is suitable for you and that you will be able to repay the
      amounts you borrow from us on time.
    4. If your BNPL Repayment Plan application is approved before the first day of the month for
      which you want to use the BNPL Repayment Plan, then the first instalment will be due on the
      first day of the month in which you want to use the BNPL Repayment Plan. If your BNPL
      Repayment Plan application is approved after the first day of the month for which you want
      to use the BNPL Repayment Plan, then the first Instalment is due to be paid no later than
      the first business day following the day your BNPL Repayment Plan is approved by us. For
      more information on our approval process please see Term 8.
    5. You can repay any amounts you owe to us under the BNPL Repayment Plan at any time before the
      Scheduled Payment due date. Otherwise, Little Steps Financing will automatically process
      your Scheduled Payments on their due dates from your Nominated Account. For more information
      on how repayments are processed please see Term 9.
    6. If a Scheduled Payment is not processed on or before the due date, late payment fees may
      apply to your late or missed Scheduled Payment, please see Term 11 for further details.
    7. If you can’t pay your Scheduled Payments on time, or think it is likely that you will not be
      able to pay your Scheduled Payments on time, please contact us as soon as possible to
      discuss.
  2. Introduction and Definitions

    1. Little Steps Financing Limited is a private limited company registered with Company Number
      13584556 and has its registered office at 7 Brymay Close E3 2SY. It operates under the
      trading name Little Steps Financing.
    2. These terms (BNPL Terms), together with the Application Form and our Privacy Policy,
      constitute the agreement (Agreement) between you and Little Steps Financing Limited.
    3. You should read these BNPL Terms before you apply for a BNPL Repayment Plan to make
      sure that you are aware of your obligations to us under the BNPL Terms. By completing the
      Application Form, you agree to be bound by these BNPL Terms. You should also read our
      Privacy Policy which forms a part of this Agreement.
    4. In these BNPL Terms references to:

      • Agreement means, these BNPL Terms, the Application Form and our Privacy Policy;
      • Agreement Date means the date on which we confirm our approval of your
        application for a BNPL Repayment Plan and is the date of the Agreement between us;
      • Application Form means the BNPL application form that is completed by you to
        request a BNPL Repayment Plan;
      • BNPL Repayment Plan or Loan means the sum you have borrowed from us under
        the Agreement and that you have agreed to repay to us in accordance with these BNPL
        Terms;
      • BNPL Terms means these terms and conditions;
      • Childcare Provider means the nursery to whom we pay, on your behalf, the
        childcare costs for the month specified in the Application Form;
      • Little Steps Financing, we, our, or us means Little Steps
        Financing Limited;
      • Nominated Account means the bank account you have identified in the Application
        Form from which you authorise us to debit the Scheduled Payments and other sums, if any,
        owed to us under this Agreement;
      • Scheduled Payment means the amount of each instalment, calculated in accordance
        with Terms 5.3 and 5.4, that you agree to pay to us to repay the amount you have
        borrowed from us under the BNPL Repayment Plan; and
      • ‘you’ or ‘your’ means the person or persons who completed the Application
        Form and has been approved by us for a BNPL Repayment Plan in accordance with these BNPL
        Terms.
    5. By entering into the BNPL Repayment Plan, you declare that all information you have given to
      us in connection with it is accurate, up to date, and not misleading and you are aware that
      we are relying on it. If any of the information you have previously provided to us changes,
      in any respect, you will immediately notify us by email at support@litlestepsfinancing.co.uk
      This includes changes to any identification information, Nominated Account or credit/debit
      card details provided by you to us.
  3. Suitability

    1. The BNPL Repayment Plan is an interest free loan agreement. The Loan can only be used to
      purchase childcare services from the Childcare Providers we have, separately to this
      Agreement, agreed to work with. The BNPL Repayment Plan is not suitable for any other
      purpose. You should ensure that you are aware of:

      • the amount of the Loan you are applying for;
      • the period over which you must repay the full amount of the Loan; and
      • how much each Scheduled Payment you must make to repay the Loan will be.
    2. Before you apply for the BNPL Repayment Plan please make sure that you will be able to make
      the payments under the Agreement. You should consider whether your circumstances are likely
      to change in the future, as this might impact on your ability to make the Scheduled
      Payments. If you think that they may do so, then you should not enter into the agreement
    3. We will not provide you with advice as to whether the BNPL Repayment Plan is suitable for
      you. Your application for and use of the BNPL Repayment Plan is your sole responsibility.
  4. Eligibility Criteria

    1. To be eligible to for a BNPL Repayment Plan, you must:

      • be an individual who is at least 18 years old;
      • be capable of entering into a legally binding contract;
      • have a valid email address and mobile phone number and provide these details to us; and
      • have a UK bank account.
  5. How the BNPL Repayment Plan works

    1. The BNPL Repayment Plan allows you to spread the cost of up to one month’s childcare nursery
      fees in up to 12 instalments over a period a maximum of 12 consecutive months.
    2. You must apply for the BNPL Repayment Plan by completing our Application Form. You must
      specify the amount of the Loan that you want to borrow from us. The maximum amount you may
      borrow is the cost of one month’s nursery fees.
    3. Unless you tell us in the Application Form how many instalments you want to make under the
      BNPL Repayment Plan we will divide the sum that you borrow from us into 12 equal
      instalments, each a Scheduled Payment.
    4. If you choose, in the Application Form, to repay the sum borrowed in fewer than 12
      instalments, we will divide the amount you have borrowed into equal repayment amounts
      according to the number of instalments you have selected, each a Scheduled Payment. For
      example, if you choose to repay the sum borrowed in eight instalments, we will divide the
      sum you have borrowed into eight equal repayments. You may choose a maximum of 12
      instalments.
    5. If we approve your application for a BNPL Repayment Plan you:

      • instruct us to pay the childcare costs for the month you have specified in the
        Application Form to your Childcare Provider;
      • agree to repay us, as principal debtor, the instalment amounts set out in Terms 5.3 and
        5.4 above, a Scheduled Payment, in accordance with Term 9 below; and
      • agree to pay any late payment fees if you are late in paying or miss a Scheduled Payment
        due to us on or before the scheduled date, as set in Term 11.
  6. Our obligations to you under the BNPL Repayment Plan

    1. We have sole discretion as to whether your application for a BNPL Repayment Plan will be
      approved and our decision will be final.
    2. You acknowledge that we will make the payment to the Childcare Provider within two business
      days after you have paid the first Scheduled Payment to us under this Agreement.
    3. You acknowledge that we may delay or cancel the payment to the Childcare Provider:

      • If we do not receive the first Scheduled Payment under the BNPL Repayment Plan on time;
        or
      • if you have any other unpaid sum due to us whether under this Agreement or any other
        agreement with us.
    4. You acknowledge that we do not have any control over and are not responsible or liable for
      childcare services provided by your selected Childcare Provider.
  7. Assessment, Identity and Affordability Checks

    1. We reserve the right to assess and determine whether to accept or reject, your application
      for a BNPL Repayment Plan.
    2. You agree to provide any information or documentation reasonably requested by Little Steps
      to verify your identity and assess your application.
    3. You authorise us to make, directly or through third parties, any enquiries we consider
      necessary to verify your identity and assess your capability to repay the BNPL Repayment
      Plan. This may include, among others, ordering a credit report, performing other repayment
      capability checks, and verifying information you provide against third party databases.
    4. All information that Little Steps collect about you will be used and stored in accordance
      with the Little Steps Privacy Policy (https://littlestepsfinancing.co.uk/privacy-policy/) as amended by us
      from time to time.
    5. You authorise Little Steps (or any third parties providing services on behalf of Little
      Steps) to disclose to third parties, to the extent required by any applicable laws or
      regulations, any information about you or your activities with Little Steps. You acknowledge
      and agree that Little Steps Financing reserves the right to report any activity under this
      Agreement (including late payments, missed payments, defaults) to credit reporting agencies.
    6. You agree that as part of our assessment we may conduct a pre-authorisation of your
      Nominated Account. This may involve placing funds on hold in the Nominated Account you have
      identified in the Application Form as being the account from which we are authorised to
      debit Scheduled Payments used to repay the sums borrowed under the BNPL Repayment Plan. The
      pre-authorisation amount will not exceed the amount of your first Scheduled Payment
      calculated in accordance with Terms 5.3 and 5.4 above (plus one penny) and we will
      immediately instruct your bank to void this pre-authorisation.
  8. BNPL Approval

    1. The Application Form that you submit to Little Steps Financing will be subject to our
      approval. Such approval is at our sole discretion.
    2. You can apply for a BNPL Repayment Plan at any time. We will normally approve an application
      for the BNPL Repayment Plan during the week immediately before the month you have requested
      the fees to be paid in and selected in the Application Form. For example, if you apply for a
      BNPL Repayment Plan on the 10th January to cover February’s nursery fees we would normally
      approve the Loan on or after 25th January.
    3. Once we approve an application for a BNPL Repayment Plan, you will receive an email from us
      with a confirmation of approval of your BNPL Repayment Plan. The date of the email
      confirmation will be the Agreement Date.
    4. We may not approve an application for a BNPL Repayment Plan, or we may hold a payment that
      is supposed to be made to a to a Childcare Provider under an approved BNPL Repayment Plan or
      cancel an approved application, if:

      • you have breached or we reasonably suspect that you have breached this Agreement or
        any past Agreement with Little Steps Financing in a material respect (including by
        failing to make any payment due under this Agreement on the payment due date);
      • we reasonably consider it necessary to:
        • protect the integrity of our services or products;
        • limit the risk of fraud, money laundering or terrorism financing;
        • protect us against legal, regulatory or non-payment risk;
      • you do not pass our verifications or checks, including our pre-authorisation check
        described in above Term 7.6; or
      • we reasonably consider the application to be suspicious or fraudulent.
    5. Further, you agree that any cancellation for cause shall be made at our sole discretion and
      that we shall not be liable to you or any third party if we cancel or do not approve an
      application.
  9. Scheduled Payments

    1. You agree make the Scheduled Payments to us on time in accordance with this Term 9.
    2. An “Instalment” or “Scheduled Payment(s)” is a payment or payments that we will
      automatically debit from your Nominated Account under a Direct Debit Authorisation. You will
      select your Nominated Account when you apply for the BNPL Repayment Plan. You can update
      your Nominated Account at any time by notifying us via email to support@littlestepsfinancing.co.uk
      If you choose to cancel our Direct Debit, then we will not be able to take payment, and
      there may be a fee for the cancellation.
    3. You expressly authorise and instruct Little Steps Financing to access and charge your
      Nominated Account(s) for each instalment on the first day of each month, or where this is
      not a business day on the next business day. You acknowledge and agree that you are giving
      us the permission to collect or reverse variable payment amounts from or to your Nominated
      Account, as per your BNPL Repayment Plan and the terms of this Agreement. You are
      responsible for taking any necessary action to give us Direct Debit Authorisation on your
      Nominated Account.
    4. If your application for a BNPL Repayment Plan is approved before the first day of the month
      for which you want to use the BNPL repayment Plan, then the first Scheduled Payment is due
      and payable to us on the first day of the month in which you want to use the BNPL Repayment
      Plan. For example, if you apply for a BNPL Repayment Plan to cover childcare costs in
      February and we approve the application in January, the first Scheduled Payment will be due
      and payable to us on the 1st of February or where this is not a business day, on the next
      business day.
    5. If your application for a BNPL Repayment Plan is approved after the first calendar day of
      the month for which you want to use our BNPL Repayment Plan, then the first Scheduled
      Payment will be due and payable no later than the first business day following the day your
      BNPL Repayment Plan is approved by us. For example, if you apply for a BNPL Repayment Plan
      to cover childcare costs in February and we approve the application on the 5th February, the
      first Scheduled Payment will be due and payable on 6th February or where this is not a
      business day, on the next business day.
    6. Each Scheduled Payment after the first Scheduled Payment will be due and payable on the
      first day of the month in each consecutive month, or, where this is not a business day, on
      the next business day, until the final Scheduled Payment has been made.
    7. The final Scheduled Payment must be paid to us on or before the final payment date. The date
      the final Scheduled Payment is due to us must be no later than the day before the first
      anniversary of the Agreement Date
    8. Unless you make early payments to us, you authorise Little Steps to process payments on the
      due dates stated in your Application Form. You authorise Little Steps to process such
      payments from the Nominated Account specified in your Application Form.
    9. You must ensure that you have the required funds in your Nominated Account available to make
      the Scheduled Payments by 0030 hrs on the Scheduled Payment date as per your Application
      Form. We will not be liable to you for any fees that the provider of your Nominated Account
      charges you unless our error or system failure causes those fees or charges.
    10. If you fail to make a Scheduled Payment on any of the dates specified under the BNPL
      Repayment Plan, Little Steps reserves the right to re-attempt to process the payment at a
      later time or date, and a late payment fee may apply.
    11. You do not hold an account with us and any money which you repay to us will not be available
      for re-borrowing.
    12. You can pay some, or all, of the amount that is due under this Agreement before the date of
      the Scheduled Payment, without being charged any penalty. If you make an early payment, then
      we will adjust the BNPL Repayment Plan accordingly (unless you prepay the full amount that
      is due, in which case no further Scheduled Payments will be payable). The early payment will
      be used to pay off your upcoming Scheduled Payments starting from the final Scheduled
      Payment and working backwards to pay off the previous Scheduled Payments. Any amounts
      outstanding under the BNPL Repayment Plan after we have applied the early repayment in full
      will be collected from you in the normal way on the subsequent Scheduled Payment dates. For
      example, Annie borrowed £1,200 from to cover January’s nursery fees and agreed to repay us
      in 12 monthly instalments of £100 each, starting in January with the final instalment due on
      1st December. Annie repaid the first four instalments of £100 in January, February, March,
      and April. On the 1st May, Annie made a payment to us of £400. This amount covers 4
      instalments of £100 each. We will apply £100 to the May instalment which is due now and the
      additional £300 will be applied, first to pay off the £100 final instalment due in December
      with any residual balance, here £200, being applied to the November and October instalments.
      The amount Annie owes us is now £400 and we will collect each remaining instalment of £100
      on the first day of June, July, August and September.
  10. Late Payments

    1. If you can’t pay your Scheduled Payments on time, or think it is likely that you will not be
      able to pay your Scheduled Payments on time, you must contact us as soon as possible.
    2. If a Scheduled Payment fails, the late payment fees described in Term 11 may apply.
    3. You authorise us to satisfy any liability you owe us under this Agreement by:

      • debiting your Nominated Account at a later time or date;
      • using any alternative payment method which you have provided; or
      • any legal means.
    4. If you do not have the required funds in your Nominated Account on the repayment date to
      cover the full Scheduled Payment, we will attempt one more Direct Debit for the full
      Scheduled Payment from your Nominated Account two (2) business days later. If the second
      attempt is unsuccessful, we will attempt to take a partial payment for half of the Scheduled
      Payment amount 3 days after that. If that is successful, then we will try to take the
      remaining half payment. For any Direct Debit attempt that is not on your Scheduled Payment
      date, we give you notice of the time and amount of the attempt before it is made.
    5. We will only undertake a maximum of two Direct Debit attempts for the full amount and two
      Direct Debit attempts for the half amount with regards to a Scheduled Payment and Fees. We
      will attempt to come into a written agreement with you before any further Direct Debit
      attempts are made.
    6. You must communicate with us if you have missed one or more Scheduled Payments to discuss
      possible solutions. If we cannot contact you or you fail to contact us, we may reattempt to
      use the Direct Debit to recover sums owed to us.
    7. Any late payments received from you will apply to the oldest outstanding Scheduled Payment.
      For example, if you have two outstanding unpaid payments from December and January, then any
      future payment you make will be first applied to repay the outstanding December Scheduled
      Payment followed by the January Scheduled Payment.
  11. Late Payment Fees

    1. We will charge you the following fees in the following circumstances:

      • for each text message (SMS) or email reminder that we need to send you because you
        have not made a Scheduled Payment on time: £2.50 (up to a maximum of £7.50 per
        Scheduled Payment);
      • for each failed Direct Debit attempt / payment: £5 (up to a maximum of £15 per
        month); and
      • we will attempt to process your Scheduled Payment as set out in Term 10.4. If, we
        are not able to do this you will have missed a Scheduled Payment, and this will
        incur a missed payment fee: £15
    2. The fees applied under Term 11.1 will be collected by us by Direct Debit 29 calendar days
      after the day on which the first late payment fee is incurred or, where this is not a
      business day, on the next business day.
    3. If you pay us, in full, the amount of any missed payment outstanding on your account on or
      before 28 calendar days of day on which the first late payment fee is incurred, then we may,
      at our discretion, apply a fixed late payment of £15 and waive all or part of the other fees
      described in Term 11.1.
    4. We will charge you the following fees in the following circumstances:

      • if you do not keep us informed about any changes in your address or email address or
        phone number, we may charge you: £50.
      • if you take steps to stop or prevent us from processing a Direct Debit: £30.
      • if we prepare to send your account to debt collectors: £45.
      • if you make a claim for a chargeback of any payment through your payment services
        provider that is not justified (for example you claim that you did not authorise a
        payment, whereas in fact, you had authorised the payment): £150.

      Where we apply any of the fees described in this Term 11.4 the fee will be due and payable
      immediately.

    5. You acknowledge and agree to pay our reasonable costs of enforcing this Agreement and/or
      recovering any sums owed to us under this Agreement (including any legal costs or costs that
      a debt collection agency may add to your account).
    6. Little Steps may, at its discretion, delay applying, or waive wholly or partly, any fee. No
      such delay or waiver will restrict us from charging the fee in the future.
    7. If any fees are a result of our error or system failure, please let us know and if
      appropriate we will reimburse you for the relevant fees.
  12. Interest

    No interest will be charged for the BNPL Repayment Plan.

  13. Refunds

    1. You are responsible for facilitating any refund request to the Childcare Provider and the
      refund will be issued according to the Childcare Provider’s refund policy or as otherwise
      permitted by the Childcare Provider or applicable law.
    2. We will process your Scheduled Payments according to the terms of our Agreement with you
      unless the Childcare Provider informs us that a refund is in progress. Until we receive a
      refund from the Childcare Provider, you remain liable to us for all payments and fees(s)
      under this Agreement.
    3. Once the Childcare Provider has issued a refund to us for the services, the refund amounts
      will be used to repay the amount you borrowed from us, together with any other sums you owe
      to us, under this Agreement, including, for example, fees for late or missed payments. The
      refunded amount will be used to pay off your upcoming Scheduled Payments starting from the
      final Scheduled Payment (e.g., Month 12) and using any remainder to pay off the previous
      Scheduled Payments before the last (e.g., Month 11) and so on until the refund has applied
      in full. If the refund amount exceeds the total amount of your pending Scheduled payments
      (including fees), we will pay the remainder of the refund to your Nominated Account (or, if
      that is not possible, to any other card or account that you have provided us with details
      of). If the refund is not sufficient to cover the full amount owed to us by you, then we
      will continue to process the unpaid Scheduled Payments in accordance with the terms of our
      Agreement with you. For example, if you have used Little Steps BNPL to split a £1,200 fee
      into 12 equal instalments and the Childcare Provider approves a £350 refund, we will cancel
      your 12th, 11th, and 10th instalments of £100, and amend your 9th instalment to £50. The
      first eight instalments of £100 will be collected in accordance with the terms of this
      Agreement. If you had already paid 10 instalments of £100 each, a refund of £50 would be
      applied to your Nominated Account and the remaining 2 instalments would be cancelled.
    4. If you receive a refund from the Childcare Provider after you have repaid the BNPL Repayment
      Plan to us in full the Childcare Provider will provide any agreed refund directly to you.
    5. The above terms apply also for refunds associated with the deposit required for initiation
      of childcare services when the deposit has been purchased by using a BNPL Repayment Plan.
  14. Amendment

    1. We may amend these BNPL Terms where we have a valid reason for doing so, for example, to
      correct an error or mistake or where we are required to do so by law or by a government body
      or other regulatory agency.
    2. We will try to give you notice of the change unless it is impractical to do so.
    3. If you do not agree to the change you have the right to terminate your Agreement with us at
      any time in accordance with Term 16.
  15. Default under this Agreement

    1. You will be in default under your BNPL Repayment Plan if:

      • you persistently fail to pay your Scheduled Payments according to your Scheduled
        Payments and these Terms;
      • you become bankrupt, die or have a guardian or administrator appointed; or
      • we discover or we reasonably suspect that you deliberately provided misleading,
        inaccurate or untrue information
    2. If you are in default under Term 15.1:

      • we will send you a notice requiring you to fix the default within 15 calendar days.
      • if you do not remedy the default within the 15 calendar days’ notice from us
        requiring you to do so we may terminate your BNPL Repayment Plan.
      • if we end your Agreement with us as a result of your continuing default, you
        acknowledge that we may apply late payment fees in accordance with these BNPL Terms.
    3. If you are in default and we are unable to recover any overdue amounts you owe to us, we may
      engage a third-party collection agency to collect any amounts owing based on your agreed
      BNPL Repayment Plan and the terms of this Agreement. You may be responsible for paying any
      reasonable enforcement expenses and reasonable legal costs we incur in exercising our rights
      to recover any overdue amounts under this Agreement.
  16. Termination

    1. This agreement will continue until terminated in accordance with this Term.
    2. You can terminate this Agreement at any time by paying all outstanding amounts owed
      to us.
    3. We may terminate this Agreement without prior notice to you in certain
      circumstances, including but not limited to where we:

      • reasonably suspect or are aware that you have breached this Agreement or
        another agreement with us;
      • become aware that you have provided us with inaccurate or incomplete
        information, or we have reasonable grounds to suspect that this is the case;
      • reasonably consider your activity to be suspicious or fraudulent;
      • are requested to do so by law enforcement or other government agencies;
      • are required to do so as a result of any applicable law or regulation; or
      • Discontinuance or material modification to our Repayment Plan.
    4. If we terminate the Agreement with you, you must immediately repay all sums owed to
      us under the BNPL Repayment Plan.
    5. You acknowledge that we shall not be liable to you or any third party for any
      termination of this Agreement.
  17. Disclaimer of Warranties

    1. You expressly confirm and agree that the BNPL Repayment Plan is provided on an “as is” and
      “as available” basis. Except as required by the law, we expressly disclaim all warranties of
      any kind, whether express or implied, including but not limited to the implied warranties or
      guarantees as to the suitability, reliability or availability of our products and services.
    2. We make no warranty that:

      • the BNPL Repayment Plan will meet your requirements; and
      • the BNPL Repayment Plan will be uninterrupted, timely, secure, or error-free.
    3. Although we use reasonable endeavours to update the information provided by us on our
      Website, subject your statutory rights in respect of the BNPL Repayment Plan, we make no
      warranty, representation, condition or guarantee (whether express or implied) in relation to
      our products, or of the content on our Website.
  18. Transfers or Assignment

    1. You cannot transfer or assign any rights you may have under this Agreement without prior
      written consent from us.
    2. We may transfer or assign this Agreement, and any right under this Agreement, to a third
      party without notice to you or your consent unless the assignment will detrimentally affect
      your rights under the Agreement (in which case we will seek your consent prior to
      assignment, such consent must not be unreasonably withheld, delayed or conditioned).
    3. You agree that we may appoint third party collection agencies to collect any amounts owing
      to us under this Agreement without your consent. You acknowledge and agree that no
      assignment by us to another person of any amount you owe to us will require your consent.
    4. Under this Agreement you authorise us to provide the third party with your personal
      information (including the account details you have provided us, or any payment authority
      you complete and sign) for the purposes of processing the repayments.
  19. Privacy

    1. You acknowledge and agree that this Agreement contains proprietary and confidential
      information that is protected by applicable intellectual property and other laws. Except as
      expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or
      create derivative works based on this agreement, in whole or in part.
    2. We will collect and process your personal information in accordance with the applicable laws
      of England and our Privacy Policy. You authorise us (or any agents or contractors providing
      services on our behalf) to disclose your personal information to other persons to the extent
      required by law, which may include us reporting any credit account information and default
      by you of these BNPL Terms and/or for credit assessment purposes (which may include us
      reporting any default by you in paying amounts due to us to credit assessment agencies).
  20. Disputes

    The parties expressly agree to attempt in good faith to resolve any dispute between them that is
    subject to this Agreement by negotiation. If any dispute cannot be resolved by negotiation between
    the parties within reasonable period of 14 days, then the parties must seek to resolve the dispute
    through mediation. The costs of the mediation procedure will be carried by each party separately.
    Where the parties have complied with the requirements set out in this Term and the dispute relating
    to this Agreement has not been resolved, they may commence to solve the dispute through arbitration
    or judicially. Judicially, means that the dispute will only be dealt by English courts.

  21. General

    1. We will communicate with you through text messages or by email to the email address and
      mobile telephone number you have provided to us in the Application Form, or such other
      contact details as you notify to us subsequently, in writing (which shall include email or
      text), and you consent to us communicating using the contact details you provide to us.
    2. While we will employ technical security measures to protect your personal information, no
      transmission over the internet can be guaranteed to be completely secure. To the extent
      permitted by law, we do not represent, warrant or guarantee that personal information will
      be protected against misuse, loss or alterations.
    3. If you are two or more individual borrowers each of your obligations under the Agreement
      with us will be joint and several which means that we may recover the whole amount owing to
      us under the BNPL Repayment Plan from any one of you or from any one or more of you.
      Additionally, any notice under these Terms given to any one of you will be treated as having
      been served on each of you.
  22. No Waiver

    No waiver of any breach or failure to enforce any provision under the Agreement at any time by us
    will in any way affect, limit or waive our right to enforce and compel strict compliance with the
    provisions of the Agreement with you.

  23. Entire Agreement

    These BNPL Terms together with the Application Form and our Privacy Policy, and any amendments to
    the same made by us, constitute the entire agreement and understanding (express and implied) between
    you and us in connection with your access to, and use of the BNPL Repayment Plan.

  24. Severability

    If any provision of this Agreement is found to be invalid or unenforceable, such invalidity or
    unenforceability shall not affect the other provisions of this Agreement, which shall remain in full
    force and effect.

  25. Governing Law

    These BNPL Terms and the Agreement with you is governed by and subject to English law.