01. Definitions
In these Terms, the following defined terms shall apply:
- "User" means any individual who accesses or uses the Service, including any person who completes the Split Payments application process.
- "Merchant" means the e-commerce seller or vendor from whom the product is sourced.
- "Order" means a confirmed purchase request submitted by the User through the Service.
- "Product" means the physical good selected by the User and purchased by PostEx under the Murabaha arrangement.
- "Instalment Plan" means the agreed schedule of deferred payments for the resale price.
- "Cost Price" means the price paid by PostEx to the Merchant for the Product.
- "Processing Fee / Markup" means the disclosed profit margin added to the Cost Price, forming the total resale price charged to the User.
- "Late Fee (Ta'widh)" means any amount charged on overdue instalments, calculated on actual loss incurred by PostEx and donated to charity to the extent it exceeds such loss, in accordance with the approved Shariah structure.
- "Business Day" means any day on which commercial banks in Pakistan are open for business, excluding Saturdays, Sundays, and public holidays.
- "Confirmed Order" means an Order that has been accepted by PostEx and in respect of which PostEx has taken constructive possession of the Product prior to resale.
02. Introduction
These Terms & Conditions ("Terms") govern the use of the PostEx PayLater service ("Service") provided by Call Courier (Pvt.) Ltd., a company incorporated under the laws of Pakistan, operating under the brand name "PostEx" (registered office: 50 N, Gurumangat Road, Gulberg 2, Lahore).
By accessing or using the Service, the User agrees to be bound by these Terms in their entirety. If the User does not agree, they must not use the Service.
These Terms are entered into electronically and shall be binding on the parties under the Electronic Transactions Ordinance, 2002 ("ETO 2002"). By clicking "Accept" or "I Agree", the User acknowledges that they have read, understood, and agree to be bound by these Terms, which shall constitute a legally valid and enforceable electronic agreement.
03. Nature of Service — Murabaha
The Service operates on a Murabaha (cost-plus resale) model, approved by PostEx's appointed Shariah Advisor / Shariah Board. The following steps constitute each transaction:
- Step 1 — User Selection: The User selects a Product from the Merchant's platform and opts to finance it through the Service.
- Step 2 — PostEx Purchase: PostEx purchases the Product from the Merchant in its own name and on its own account, thereby taking constructive possession of the Product. PostEx does not act as the User's agent at this stage.
- Step 3 — Resale to User: PostEx immediately resells the Product to the User at the resale price, which is the Cost Price plus the disclosed Markup (Processing Fee). The Cost Price and Markup are separately disclosed to the User at the point of sale.
- Step 4 — Deferred Payment: The User agrees to pay the resale price in instalments as set out in the Instalment Plan, which is fixed at the time of sale and may not be unilaterally altered by PostEx after execution.
- Shariah Oversight: This structure has been reviewed and approved by PostEx's Shariah Advisor / Shariah Board. A summary of the Shariah certificate is available on request.
04. Eligibility and User Representations
To use the Service, the User represents and warrants that they:
- Are at least 18 years of age and have full legal capacity to enter into binding contracts under the laws of Pakistan.
- Have provided accurate and complete information in their CNIC (Computerised National Identity Card) and all other identification documents submitted to PostEx.
- Are the authorised holder or user of the payment instrument provided for instalment payments.
- Are not on any sanctions list, including any list maintained by the United Nations, OFAC, HM Treasury, or any Pakistani regulatory authority, and are not a Politically Exposed Person (PEP) who has not disclosed that status to PostEx.
- Will use the Service solely for personal, non-commercial purposes and not for any unlawful purpose.
05. Order & Payment Terms
PostEx reserves the right to approve or reject any Split Payments application, to modify credit limits or Instalment Plans in accordance with its internal risk framework, and to terminate access to the Service at any time in accordance with the Termination & Suspension section below.
The following payment terms apply to every Order:
- First Instalment: Payment of the first instalment is required at the time of Order confirmation. The Order is not a Confirmed Order until this payment is received.
- Remaining Instalments: The User agrees to pay all remaining instalments as per the Instalment Plan agreed at checkout. The Instalment Plan is fixed and binding.
- Payment Methods: All payments must be made to PostEx PayLater (not the Merchant) via debit or credit card through our PCI DSS-compliant payment processor (XPay).
- Direction of Payment: The User acknowledges that PostEx is the seller and all payment obligations run to PostEx, not the Merchant.
06. Payment Obligations and Default
The User is legally obligated to pay all instalments in full and on time. Failure to pay an instalment on its due date constitutes a default.
On default, the following consequences may apply:
- Late Fee (Ta'widh): A late fee, calculated as PostEx's actual documented loss (including funding cost), may be charged. Any amount received as a late fee that exceeds PostEx's actual loss shall be donated to a charity designated by the Shariah Advisor / Shariah Board. Late fees shall not accrue as revenue to PostEx. The rate and calculation method shall be disclosed in the product schedule at the time of application.
- Credit Bureau Reporting: PostEx may report overdue amounts to credit bureaus including eCIB, DataCheck, or Tasdeeq, as applicable. By accepting these Terms, the User expressly consents to such reporting.
- Acceleration: On a default that remains uncured for five (5) Business Days after written notice, the entire outstanding resale price becomes immediately due and payable in full.
- Recovery: PostEx reserves the right to set off any amounts owed by the User against any amounts PostEx owes the User, and to engage professional recovery agents to recover outstanding amounts.
- Service Suspension: PostEx may suspend or restrict the User's access to the Service.
07. Product Ownership, Risk & Seller Liability
Under the Murabaha structure:
- Ownership Transfer: Legal and beneficial ownership of the Product passes from PostEx to the User upon execution of the resale agreement (Confirmed Order), which occurs simultaneously with PostEx's constructive possession of the Product from the Merchant.
- Risk Transfer: Risk of loss or damage to the Product passes to the User upon delivery of the Product to the User or to the User's designated address.
- PostEx as Seller: PostEx acts as the seller of the Product in the Split Payments transaction. As such, PostEx acknowledges the implied warranties of merchantable quality, fitness for purpose, and quiet possession that arise under the Sale of Goods Act, 1930 ("SoGA"). However, given that PostEx takes only constructive possession and relies on the Merchant for physical fulfilment, PostEx's liability as seller is limited to procuring the Merchant's compliance with such warranties and, where the Merchant fails to do so, to assigning or sub-rogating to the User any claims PostEx holds against the Merchant.
- Merchant Disputes: The User should raise product quality, warranty, returns, or defect disputes directly with the Merchant in the first instance. PostEx will use reasonable endeavours to facilitate dispute resolution with the Merchant. The User's obligation to pay instalments continues regardless of any such dispute, unless a competent court orders otherwise.
08. Returns, Refunds & Disputes
The following applies to returns, refunds, and related disputes:
- In the event of a product defect, incorrect delivery, or other fulfilment issue, the User must notify the Merchant directly within the Merchant's applicable returns policy window.
- The User must also notify PostEx in writing within the same window so that PostEx may take appropriate steps with the Merchant.
- If a return or refund is approved by the Merchant, PostEx will adjust the User's outstanding instalment obligations accordingly upon receipt of the refunded amount from the Merchant.
- Split Payments will continue as scheduled until and unless a refund is formally processed and confirmed by PostEx.
09. Delivery Confirmation
A delivery verification mechanism (e.g., a delivery OTP or code) may be used to confirm receipt of the Product.
The User must provide the verification code to the delivery agent to confirm receipt. If the User withholds the code despite physical delivery having occurred, delivery shall be deemed to have taken place upon the carrier's confirmation of delivery to the User's address, and the instalment schedule shall run from that date.
Once delivery is confirmed (or deemed confirmed as above), the transaction is considered successfully completed and the resale contract is fully executed.
10. AML/KYC, Fraud & Misuse
PostEx is required by applicable anti-money laundering and counter-terrorism financing laws and regulations to conduct identity verification and transaction monitoring. Accordingly:
- PostEx will verify the identity of each User using CNIC and other documentation as required. The User consents to PostEx sharing such information with NADRA and other verification agencies for this purpose.
- PostEx may screen Users against national and international sanctions lists and may refuse, suspend, or freeze the Service without notice where AML/KYC requirements so require.
- PostEx reserves the right to cancel transactions suspected of fraud, suspend or permanently block Users, report suspicious transactions to the Financial Monitoring Unit (FMU) or other relevant authorities, and take civil or criminal legal action as necessary.
- The User agrees to indemnify PostEx for all losses, costs, penalties, and third-party claims arising from the User's misuse of the Service, provision of false information, or breach of these Terms.
11. Limitation of Liability
To the maximum extent permitted by applicable law:
- Monetary Cap: PostEx's total aggregate liability to the User in connection with the Service, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount of instalments paid by the User in the six (6) months preceding the event giving rise to the claim.
- Exclusion of Consequential Loss: PostEx shall not be liable for any indirect, consequential, incidental, special, or punitive damages, loss of profits, loss of revenue, loss of data, or loss of business opportunity, even if PostEx has been advised of the possibility of such losses.
- Specific Exclusions: PostEx shall not be liable for product defects, quality issues, or warranty failures (subject to the Product Ownership section), merchant-related disputes, or delivery delays caused by third-party logistics partners.
- Carve-Outs: Nothing in this section limits PostEx's liability for death or personal injury caused by PostEx's gross negligence or wilful misconduct, or for fraud.
- Limitation Period: All claims by the User against PostEx must be brought within twelve (12) months of the User becoming aware (or reasonably ought to have become aware) of the relevant event or omission.
12. Termination & Suspension
By PostEx: PostEx may terminate or suspend the User's access to the Service immediately and without prior notice:
(a) on default under the Payment Obligations and Default section; (b) for breach of any provision of these Terms; (c) where required by law or regulatory authority; or (d) where PostEx reasonably suspects fraud or misuse.
By the User: The User may cease using the Service at any time, but all outstanding instalment obligations remain due and payable in full.
Consequences: On termination, the entire outstanding resale price becomes immediately due and payable unless otherwise agreed in writing by PostEx.
13. Assignment and Securitisation
PostEx may assign, transfer, charge, or securitise its receivables (including any amounts owed by Users) to any third party at any time without the User's consent. The User may not assign or transfer any of their rights or obligations under these Terms without PostEx's prior written consent.
14. Amendments
Non-material amendments: PostEx may make non-material amendments (e.g., clarifications, typographical corrections) by updating these Terms on its platform. Continued use of the Service after posting constitutes acceptance.
Material amendments: Material amendments (including changes to pricing, fees, payment obligations, or User rights) shall be notified to the User by registered email or SMS to the registered mobile number at least 14 days before the amendment takes effect. If the User does not agree to a material amendment, they may discontinue use of the Service before the effective date; all outstanding obligations remain due.
15. Force Majeure
PostEx shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, power failures, internet or telecommunications outages, or any epidemic or pandemic. PostEx will endeavour to notify the User of any such event and to resume performance as soon as reasonably practicable.
16. Notices
All notices and communications from PostEx to the User will be sent to the registered email address or mobile number provided by the User. Notices sent by email shall be deemed received 24 hours after sending. Notices sent by SMS shall be deemed received at the time of transmission. It is the User's responsibility to keep contact details current.
Notices from the User to PostEx must be sent in writing to PostEx Legal Notices or [email protected]
17. TAX
Whether the resale price and Processing Fee disclosed to the User are inclusive of applicable GST/sales tax under Pakistani law is stated at the point of sale. PostEx will issue a tax invoice in the format prescribed by the Federal Board of Revenue (FBR) where required. The User is responsible for any personal tax obligations arising from the transaction.
18. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts at Lahore (city of PostEx's registered office), Pakistan.
19. Miscellaneous
Regulatory note: PostEx PayLater operates as a resale (Murabaha) trading arrangement under Pakistani law. Users should be aware that PostEx is currently registered with, or in the process of registering with, the relevant regulatory authority. For questions about regulatory status, contact [email protected].
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Entire Agreement: These Terms, together with the product schedule and any Shariah disclosure document provided at the time of sale, constitute the entire agreement between PostEx and the User and supersede all prior representations, agreements, and understandings.
- Waiver: PostEx's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.
