Latest update October 2023PLEASE READ THIS CARDHOLDER AGREEMENT CAREFULLY BEFORE YOU APPLY FOR YOUR CARD.
1. Definitions
‘App’ - Our application which provides you with access to the Tabby User Portal which you can download to your device. You can also pay for your purchases in the Tabby App.‘Business Days’ – Monday to Friday not including national holidays in the UAE.‘Card’ - Tabby card issued to you by Tabby’s partner bank (Emirates NBD Bank – ENBD) under this Cardholder Agreement comprising a card with a fixed CVV code and the digitized credentials.‘Cardholder’ - you, the physical person entering into this Cardholder Agreement.‘Cardholder Agreement’ - the terms of this agreement set out below, as varied from time to time.‘Card Number’ - Number on the front of your Card.‘Contactless’ - Payment feature that provides you with a way to pay by tapping your Card on a point-of-sale terminal reader (a Contactless Terminal).‘CVV’ – Three-digit security number printed on the back of the card.‘Digital Wallet’ - Online service or device where individuals can add a payment card in order to make electronic payments.‘Merchant’ – Retailer, or any other person, firm or corporation that accepts Visa and which is not restricted under section 4.2.‘Payment Order’ – An instruction by you to us (either by using your Card in a shop, online or your Digital Wallet) requesting the execution of a Transaction.‘Personalized Security Credentials’ - Personalized features provided by us or another payment service provider, for the purposes of authentication, such as a PIN code, or biometric authentication method.‘Transaction’ – An act, initiated by you or on your behalf or by the payee of placing, transferring or withdrawing funds.‘Website’ – www.tabby.ai.‘we’ ‘us’ ‘our’ - refers to Tabby FZ LLC. ‘you’, ‘your’ – refers to a physical person entering into this Cardholder Agreement.
2. General information
2.1. This Cardholder Agreement forms the terms and conditions of the usage of your Card. Your Card is a Visa card issued by Tabby.2.2. You can review these terms prior to signing up for the Card. During the term of the Cardholder Agreement, you can access these terms at any time via the Tabby App and, on your request, we will forward them to you by email.2.3. You can use your Card to make payments to Merchants in accordance with the terms and conditions stated in this Cardholder Agreement. The purpose and intended nature of your usage of your Card is assumed to be paying for goods and services. When using the Card, we will obtain a repayment in the amount of the Transaction, which you can settle as described in this Cardholder Agreement.
3. Card Application and receiving your Card
3.1. You apply for your Card in the Tabby app. You must be at least 18 years of age and resident of the United Arab Emirates (UAE) in order to make an application and receive a Card. You must be logged into the Tabby app to make an application. We will process your application and inform you in the Tabby App whether your application has been approved, the date on which your application is approved is when this Cardholder Agreement is deemed to be entered into. If you choose to apply for a Tabby Card, Tabby will assess application based on a number of parameters such as but not limited to age, repayment history with Tabby, past merchant usage, your repayment method, identity verification and KYC information and other similar checks that Tabby at its own discretion feel mandatory. We may carry out a limited credit search on you at a credit reference agency, both during the application process and during the term of this Cardholder Agreement. This search will not affect your credit score or your chances of obtaining a credit in the future.3.2. You warrant that the information you provide during sign-up and identification is current, complete, and accurate. You shall only provide your own information. You further represent and warrant to us that you have the legal competence to enter into this Cardholder Agreement and that you are not acting on behalf of an undisclosed principal or a third party beneficiary. You must tell us as soon as possible if any of the information you provided changes and provide us with supporting documentation on request.3.3. Upon approval of your application you will be able to add your Card to your Digital Wallet. You will need to activate your Card, using your Personalized Security Credentials before you will be able to use it.3.4. Your physical Card will (if applicable) be posted to the address provided in the sign up process.3.5. In the Tabby Portal some users may be asked to select your PIN. You should not select a PIN that may be easily guessed, such as a number that:(i) is easily associated with you, such as your telephone number or birth date;(ii) is part of data stated on the Card;(iii) consists of the same digits or a sequence of running digits; or(iv) is identical to the previously selected PIN.
4. Use of your Card
4.1. Your Card can be used to make payments for purchases in-store, via the internet or over the phone to merchants in the UAE that accept Visa as a payment method. Tabby may from time to time restrict the usage of the Tabby limit from being used across any merchant based on its risk policy for that specific merchant or based on what it believes is in line with its responsible lending practices at its own discretion.4.2. We do not support the use of the Card for certain purchases of certain types of services such as (i) cash withdrawals, (ii) transactions involving items that are directly convertible to cash such as wire transfer money orders; prepaid cards or prepaid digital wallets; foreign currency, money orders and travelers cheques; transactions involving the acquisition of financial instruments, such as shares, fund units and warrants; betting including lottery tickets, government owned lotteries, online casinos, casino gaming chips, off-track betting, horse/dog racing and other wagers at race tracks, (iii) massage parlors, escort and similar services, (iv) pharmacies or for pharmaceutical products that need a prescription ((i) - (iv) collectively referred to below as, the “Prohibited Goods and Services”); or (v) stores which do not fulfill Tabby’s ethical standards. Notwithstanding clause 4.2 above, please be aware that if your Card is successfully used for any transaction, you will have an obligation to pay.4.3. You agree to not use your Card for any unlawful purpose, including the purchase of goods or services prohibited by applicable law.
5. Use in Digital Wallets
5.1. Where Digital Wallet providers allow you to add your Card to their Digital Wallet, you can add your Card to such Digital Wallet.5.2. We may create surrogate card credentials for your Card. This means that the digitized version of your Card in a Digital Wallet will have a different card number, which is directly related to your original Card Number. That does not mean that you will receive an extra Card.5.3. Don’t install or use an unauthorized modification of your mobile operating system if you use your Card in a Digital Wallet. When you do this there is an increased risk of unauthorised access to your device and stealing your information or making unauthorised Transactions. Delete all your information in your Digital Wallet when you change devices.5.4. We reserve the right to stop cooperating with certain Digital Wallet providers or to stop supporting the use of certain types of cards in Digital Wallets. We will inform you of such a decision via the Tabby app with a reasonable notice period if possible.5.5. You can remove your Card from a Digital Wallet at any time by pressing the appropriate button or link in the Digital Wallet. In these circumstances you authorise us to continue to process any outstanding Transactions on your Card.
6. Tabby Limit
6.1 In the App, Tabby will show you your “Available Limit” (estimated available to spend), which will indicate how much you can spend with Tabby (including the Card) at a point in time; it is, however, not a promise from Tabby that you will be able to spend up to the Available Limit.6.2 The Available Limit may vary from time to time and Tabby may, in its own discretion, update or cancel it, including automatically doing so if in our assessment your creditworthiness deteriorates or we receive notice that such a deterioration has occurred.6.3 In the App, Tabby may also allow you to request for a limit for a specific transaction at a specific merchant. Tabby may at its discretion and based on its credit and regulatory policies approve your request for a specific period of time during which the transaction must be completed.6.4 Tabby may, at our own discretion, update or cancel it, including automatically doing so if in our assessment your creditworthiness deteriorates or we receive notice that such a deterioration has occurred.
7. Authorisation of a Transaction
7.1. When using your Card you will need to authorise each Transaction. You authorise a Transaction when you request a Transaction by presenting or providing the Card, the Card details and, if required for the Transaction, entering any Card PIN, password, personal identifiers or by following the relevant personalized set of procedures that we have agreed that you may use in order to request a Transaction from time to time.7.2. You can use the Card for Contactless Transactions. Note that this amount may vary from terminal to terminal or from time to time and that Tabby or the Merchant may request that you, due to security or other reasons, use the chip of the Card together with your PIN or other authentication method, for Transactions below the limited amount. For Transactions in excess of such limited amounts, you will need to authorise the Transaction by other means that will be specified clearly in the Tabby App.7.3. If additional procedures are required to authorise a Transaction, such as clicking a button, entering a code such as PIN, password, or other security code, or biometric authentication methods such as fingerprint or facial recognition; or by any other means, the Transaction will not be considered authorised unless you have performed the relevant procedure.7.4. If you give your consent, we may block the limit on your Card to cover a potential Transaction. Once we know the exact amount of the Transaction, we will release those blocked limits promptly and at the latest immediately after receipt of the Payment Order.7.5. You will be responsible for all Transactions which you authorise unless stated otherwise in this Cardholder Agreement.7.6. Once Authorized, Tabby will deduct any downpayment or fees in line with any of its products or services that the card may enable and as indicated in the Tabby terms and Conditions that can be found on the Tabby website or app and you will be liable for repayments of all funds from your linked repayment account as per Tabby terms and Conditions.
8. Revocation of Payment
Please be aware that you may not usually stop a Payment Order once you have authorised the Transaction.
9. Receipt and time for execution of a Payment
9.1 The Card Transaction is initiated through the Merchant. The Payment is considered to have been received when we receive it. Once we have received the Payment request we will charge the amount of the Transaction to your Card. This normally happens immediately or between one to two Business Days after the Payment was initiated.9.2 For returns, we will refund the amount back by restoring your Tabby limit and/or by returning any funds that may have been deducted from your linked card to your Tabby account.
10. Rejection of a Transaction
10.1. We can reject a Transaction on the following grounds at our sole discretion:(i) if you have not authorized the Transaction in line with section 7 above;(ii) if the Transaction in our assessment exceeds your ability to repay, as determined at our discretion;using the Card is in breach of this Cardholder Agreement, any Visa rules, or applicable law;(ii) if you have opted out of Tabby+ and you attempt a transaction outside the Tabby network; or(iii) if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the Card, or for other security reasons such as suspected fraudulent or unauthorised use of the Card.10.2. Where appropriate, any refusal to execute a Transaction will be communicated to you via the Merchant concerned. We will tell you why the Transaction was rejected (unless we cannot do so for legal reasons) and if you believe there has been a mistake, we will tell you the procedure for correcting any mistakes (unless we cannot do so for legal reasons).
11. Repayment
11.1. We pay the merchant's claims which arise from your use of the Tabby Card immediately. The Transaction details will become visible in the Tabby App after your purchase. You pay us using the payment method linked to your account based on the Tabby product you have chosen such as Buy Now, Pay Later, Pay in 4, Pay monthly or any other product that may or may not exist at the time of writing this agreement but may be available to use with your card.For each Transaction made with your Card, regardless of whether it is made offline or online, Tabby will send you a payment instruction via the Tabby app. Based on the Tabby product selected, you will have the stipulated days to settle the full outstanding balance of the relevant Transaction in accordance with the relevant payment instruction, or otherwise as agreed by you and us. Once you have settled the full outstanding balance, you will be deemed to have repaid the relevant Transaction amount to us.11.2. Payments should be made in United Arab Emirati Dirhams (AED).11.3. You can see your Card Transaction history in the Tabby App. We will notify you by way of a push notification in the App and/or an email when the due date of each Transaction approaches (a friendly reminder two days before, and on the due date).11.4. Tabby doesn’t charge its customers any interest or fees. Charges for late payments will be applied in line with Tabby’s late payment fee policy. Tabby is compliant with Islamic Shariah principles and ensures that Tabby's values are upheld in accordance with Shariah Laws.
12. Information on Transactions
12.1 Information on individual Transactions are made available to you in the Tabby App. You may also require periodical Transaction information no more than once per month to be sent to you by email or made available in the Tabby User Portal or other readable and durable medium.12.2 You should immediately review the information on individual Transactions as made available to you in the Tabby app. In the event you have not received information on individual Transactions as per this section despite having used the Card for Transactions, you should contact us.
13. Card Expiry
The expiry date of your Card is printed on the Card. You will not be able to use your Card, including the Card details in your Tabby App, if your Card has expired. We will automatically provide you with a new Card before your Card expires.
14. Your obligations
14.1. You shall use your Card in accordance with this Cardholder Agreement.14.2. The Card is your private possession and you should take all reasonable steps to keep your Card and Personalized Security Credentials safe and protect them from unauthorised use.14.3 You should for example:(i) not allow another person to use your Card;(ii) not record your PIN, CVV in writing, standalone or together with your Card or otherwise;(iii) not disclose your PIN, CVV or any security information or otherwise make it available to any other person; and(iv) only add your Card to a Digital Wallet on your own (mobile) device.(v) never disclose your App access details to anyone in order to protect against unauthorised access.14.3. In the event of loss, theft, misappropriation or any other risk of unauthorised use of your Card, or if your Card is damaged or malfunctioned, you must block or freeze your card in your TabbyUser Portal or tell us as soon as possible by contacting our customer services on 800 82229 in the UAE. You will be asked to provide us with some identifying details.14.4 In the event of an expired ID on file that was used as part of KYC, your KYC will be considered out of date and your card will be blocked from any further usage. You can update your KYC from the Tabby Application to ensure it is current. The Tabby card will be unblocked within 2-3 business days of receipt of updated KYC information.
15. Unauthorised and Incorrect Transactions
15.1. Unauthorised Transactions15.1.1 If you did not authorise a Transaction, we will refund the Transaction amount to you together with any charges on that amount immediately and in any event by no later than by the end of the following Business day, after noting or being notified of an unauthorised Transaction. We reserve the right not to refund the amount of the unauthorised Transaction immediately to you if we have reasonable grounds for suspecting fraud in which case we will contact the relevant authority.15.1.2 If we find as a result of our investigation that you did not authorise the Transaction, then we may debit the corresponding amount of the Transaction.15.2. Incorrectly paid Transactions15.2.1 If we incorrectly execute a Transaction, for example by paying the wrong Merchant or paying the wrong amount we will refund the amount which has been mis-paid promptly.15.2.2 If the payment amount is not received by the payment service provider of the Merchant until after the execution period referred to in paragraph 7 has expired, the Merchant may require his payment service provider to credit the amount to the Merchant's account as if the payment had been properly executed.15.3. Claiming for unauthorised Transactions or incorrectly paid TransactionsIf you become aware of a Transaction that you did not authorise or a Transaction which we have not executed correctly, you must tell us within one (1) months of the date of the relevant Transaction. You need to give us information about the relevant Transaction so that we can investigate. We may need you to liaise with the appropriate authorities with respect to the disputed Transaction and in the case of an unauthorised Transaction, upon our request, to file a report with relevant authorities.15.4. Transactions without stated amounts15.4.1 You are entitled to a refund from us for a Transaction which you authorised that has already been executed if the authorisation did not specify the exact amount of the Transaction at the time the authorisation was made (for example where payments are dependent on your usage of something or due to currency exchange rates) and the amount charged is higher than you could reasonably have expected.15.4.2 You need to request this refund within the stipulated timeframe above of the relevant Transaction, and provide any information we reasonably ask for in order for us to investigate. Following investigation, we will within a reasonable of receiving a request for a refund, either refund the full amount of the Transaction or provide a justification for refusing the refund.15.4.3 You will have no right to a refund where you have given consent to execute the exact amount of the Transaction directly to us and, where applicable, information on the exact amount of the Transaction was provided to you or made available to you by email, letter or in-App notification.
16. Tabby’s liability
16.1 Our liability to you16.1.1 We will not be liable for losses resulting from us failing to meet our obligations under this Cardholder Agreement if such losses were due to unforeseeable circumstances outside our control, which would have been unavoidable despite all efforts on our side.16.1.2 If we are in breach of this Cardholder Agreement, we will only be responsible for any loss that we could have foreseen at the time we entered into this Cardholder Agreement. We shall not be liable for any indirect losses/damages unless the losses arise directly from our intentional or grossly negligent breach of this Cardholder Agreement.16.1.3 Nothing in this Cardholder Agreement excludes or limits our liability for death or personal injury caused by negligence, fraudulent misrepresentation, or your statutory rights as a consumer, or any other liability which may not otherwise be limited or excluded under any applicable law.
17. Cardholder liability for unauthorised Transactions
17.1. Your liability until receipt of the blocking notice17.1.1 If you lose your Tabby Card, if it is stolen, otherwise lost or misused and an unauthorized Transaction takes place, you shall be liable for losses until receipt of the blocking. This does not apply if the loss of the Tabby Card was caused by us (any of our employees, agents or other entity to which we outsourced activities).17.1.2 You shall be fully liable for any loss caused by the unauthorised Transaction prior to the blocking notification if you have intentionally or grossly negligently breached your duties of care as set out in Section 14 above or acted fraudulently. In particular, gross negligence may exist if you culpably failed to notify us of the loss, theft or misuse immediately after you became aware of it you have noted the PIN, CVV or other agreed knowledge elements on the Tabby Card or have kept it together with the Card you have given the PIN, CVV or other agreed knowledge elements to another person and the abuse has been caused by it.17.1.3 Where strong customer authentication has not been requested even though it would have been required when using the Tabby Card, or if the merchant or his payment service provider does not accept this although we were obliged to provide a strong customer authentication, you shall not be liable for any losses unless the losses were incurred by you acting fraudulently.17.2. Your liability from the time of the blocking notice17.2.1 You are not obliged to compensate for any losses resulting from unauthorised use of the Tabby Card after the blocking notice has been issued. If you act fraudulently, you will also be liable for any losses arising after the blocking notice.
18. Complaints related to purchased goods or services
18.1. The Merchant is responsible to you for any defect in a good or a service. Such complaints should therefore firstly be directed to the Merchant in question and not to us.18.2. If, in response to the complaint which you raise, we refund the amount related to the complaint, we reserve the right to debit the corresponding amount of the Transaction if our investigation finds that the complaint is unfounded.
19. Amendment of this Cardholder Agreement
19.1. We may change the terms and conditions of this Cardholder Agreement from time to time, including any charges and fees, to respond to changes in legal or other regulatory requirements or to reflect new industry guidance or codes. If we make any changes we will give you reasonable notice by email (provided that you have supplied us with an up to date email address).19.2. You may terminate your Card at any time with immediate effect free of charge if you do not agree with the changes to this Cardholder Agreement. However, if we do not hear from you then we will assume you are happy and accept the changes made and they will apply to you.
20. Duration of the Cardholder Agreement and termination
20.1. This Cardholder Agreement will continue until you or we end it. You may terminate your Card at any time free of charge, with immediate effect by contacting us via the Tabby app or customer service.20.2. We can terminate this Cardholder Agreement:(i) by giving you at least 2 months’ notice; or(ii) with immediate effect if:(a) you have broken the terms of this Cardholder Agreement;(b) we assess that your creditworthiness has significantly deteriorated;(c) we believe you have used the Card for fraudulent or other unlawful purposes;(d) we believe you have given us false information at any time; or(e) if we are required to do so by law or a third party.20.3. Tabby or its bank partner (ENBD) can suspend your Card with immediate effect until you have remedied any breach of this Cardholder Agreement or for any of the reasons mentioned in section 20.2 (ii).20.4. In the event that we do terminate or suspend your Card, we will inform you in advance unless there are objectively justified security reasons for not informing you or informing you is prohibited by law.20.5. Any outstanding balance which relates to your use of the Card and/or charges validly applied whether before or after termination will be payable by you.
21. Revocation Right
21.1. If you change your mind about entering into this Cardholder Agreement, you can terminate it anytime without reason. Your notice of cancellation should be sent to us via e-mail or a call to our customer support. If you owe us any amounts for Transactions when this agreement terminates, you must pay them on or before the due date. Terminating this Cardholder Agreement, does not automatically terminate any other service contract that you have entered in connection with this Cardholder Agreement.21.2. Please note that terminating this Cardholder Agreement will not terminate your purchase agreement(s) with the Merchants. Your rights and obligations in relation to your agreements with Merchants are governed by those agreements and the legislation relating to them. The exercise of the revocation right does not affect any single Transaction, service and equivalent made using the Card until the exercise of the revocation.
22. Privacy and data protection
22.1. Tabby processes your personal data in order to carry out our obligations in this Cardholder Agreement and for the additional purposes set out in our Privacy Notice. The Privacy Notice is available here, and on our website, and in applying for the Card you confirm that you have read this Privacy Policy.22.2. In order to provide you with the Card, we will also share some of your personal data with Visa and our bank partner (ENBD).22.3. If you add your Card to a Digital Wallet, we may need to share some of your personal data with the relevant Digital Wallet provider.
23. Complaints Procedure
23.1. If we do not give the standard of service you expect, or if you think we have made a mistake, please let us know so we can investigate, put matters right where appropriate and take steps to prevent it happening again.23.2 Complaints regarding any element of the service provided by us can be submitted to Tabby’s customer service team either via e-mail at [email protected], or via our customer support number 800 82229 (UAE).
24. General
24.1. If any part of this Cardholder Agreement is inconsistent with any regulatory requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement.24.2. You may not assign or transfer any of your rights and obligations under this Cardholder Agreement. To the extent not otherwise already permitted by applicable law, we may transfer or assign our rights and obligations under this Cardholder Agreement at any time provided that such transfer does not alter your rights and obligations under this Cardholder Agreement.24.3. No third party who is not a party to this Cardholder Agreement has a right to enforce any of the provisions of this Cardholder Agreement, save that Visa and its respective affiliates may enforce any provision of this Cardholder Agreement which confers a benefit or a right upon them.
25. Applicable law and jurisdiction
This Cardholder Agreement is governed by the laws of UAE.