Terms and conditions

Tabby provides customers a Buy Now Pay Later (BNPL) service, credit card instalments service and/or a Cashback service. By using the services of Tabby, registering for, logging into your account at tabby.ai, or downloading and installing our app, you agree to be bound by these terms. You should read these terms carefully before registering an account or using the services and determine whether the terms and services are appropriate to you given your personal or financial circumstances. You should print a copy of these terms for your records. If you do not agree with these terms, or the terms and services are not appropriate given your personal or financial circumstances, you should cease use of the services immediately and request the closure of your account. We reserve the right to change these terms at any time without notice to you by updating the app and our website to incorporate any new or amended terms. Any amendments to the terms will not alter the terms applicable to any purchase made using our services prior to the publication date of any new or amended terms unless we give you prior written notice. You are responsible for regularly reviewing information posted on our app or website to obtain timely notice of amendments to these terms. Your continued use of the services after amendments to these terms are published constitutes your acceptance of the amended terms.

The services are provided by Tabby FZ-LLC, registered in Dubai, UAE (and we refer to ourselves as "we", "us" or "our").

1. The services

Buy Now Pay Later:

1.1 If you have applied for an account with us and we have approved you, you will be able to use our BNPL service to buy goods or services and make payments with associated offline and online retailers with a payment to be made on or before the due date communicated.

1.2 You will also be able to, during checkout with an associated retailer, apply for the use of our BNPL service. This application will not immediately result in an agreement between the retailer and us that you can pay via our BNPL service. Our approval of your application will be subject to our review of your submitted data and circumstances. We explicitly reserve the right to decline your application without giving reasons for doing so.

1.3 If your account has a sufficient balance or your application is approved (as appropriate), we will pay the retailer on your behalf for the goods or services you purchase, and you agree to repay such amounts to us in accordance with these terms.

1.4 It is important to note that benefits that may be offered by your bank or credit card issuer with respect to purchases of goods and services from retailers may not be applicable to purchases made through us, and we do not represent or warrant that any purchase protection, extended warranty, or other such benefits offered by such third parties will be available to you if you make purchases through our services.

1.5 Our BNPL services will only be available to eligible persons. Whether you are eligible to use our BNPL services will be determined by us at our discretion at the time of an attempted purchase, and may depend on such factors including but not limited to our assessment of your creditworthiness, your history of transactions, the retailer's account history, or any other reason and you satisfying the following criteria:

a. you are living in the UAE and have a permanent residential address;

b. you are 18 years of age or older;

c. you have an active email account registered in your name;

d. you have an active mobile phone number registered in your name;

e. you have provided all your information and documentation requested by us; and

f. you declare that any payment obligations arising from your purchase will be met by you pursuant to the payment terms agreed at the time of purchase.

1.6 We may provide you, at our sole discretion, with offers and benefits such as discounts, special events, pre-access to products, sales promotions, retailer offers, sampling and giveaways. Any such offers or benefits will be subject to terms and conditions as notified to you.

Credit Card Instalments:

1.7 Where our “Credit Card Installments” services are offered, you have indicated that you want to make a purchase from us and to pay for this purchase using a credit card that has been issued to you by your issuing bank. This transaction is powered by technology provided by our third-party service provider Splitit USA, Inc., (“Splitit”).The purchase is governed by our normal terms of business and Buy Now Pay Later Terms & Conditions. By choosing to make this purchase in installments supported by Splitit, you agree to be bound by these terms, conditions and agreements. This Agreement is solely between you and us and will remain in effect until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded. You never enter into an agreement with Splitit.

Tabby Cashback:

1.8 If you have applied for an account with us and we have approved you, you may also elect to use our Tabby Cashback service separately or together with our BNPL service.

2. Applicable Fees

2.1 No additional fees are charged by us unless stated otherwise in these terms or at the time you make a purchase.

3. Information provided by you

3.1 You agree that when you provide information to us, you will only and at all times provide true, accurate, current and complete information, and you agree not to misrepresent your identity or any of your account information or related details.

3.2 You further agree to keep your account information up to date and accurate. You represent that any residential address, email address or mobile phone number that you provide to us is current and belongs to you. You must notify us promptly when you change your residential address, email address, or mobile phone number.

3.3 We store information about your previous purchases and transactions through our services for compliance purposes, to improve your use of our service and platform, and to provide you with offers and benefits.

4. Payment options

4.1 Before completing any transaction on your behalf through the services, we will secure your promise to pay by disclosing these terms and any specific terms applicable to that transaction, and securing your affirmative consent to the terms for that transaction, including your promise to pay the total amount to us or our assigns, by asking you to click the "Buy Now" button. Clicking that “Buy Now” button indicates that you do accept the terms and your obligation to pay in accordance with the terms, including any fees and any other transactions charged to your account.

4.2 You acknowledge that a down payment will be required as determined by us in which case the first instalment will be immediately due and must be paid before you are accepted to pay in instalments. Every subsequent payment (or first payment, if no down payment is required) is due pursuant to the set billing cycle as shown on your account. We may not issue you notices or reminders of any upcoming payment dates. The payment instructions are available on our website/app and/or billing statement.

4.4 You may use any method of payment accepted by us from time to time to pay your account as payments become due. We may determine the acceptable methods of payment, and may discontinue accepting any particular payment method at any time, from time to time, for any reason, as permissible by law. In the event you use a credit card or other payment that are reversible, you hereby waive any rights to make such chargebacks or reversals. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. We may delay making credit available on your account in the amount of your payment until such time we have received the payment in clear funds.

4.5 You have a right to stop payment on your selected credit or debit card by writing to us by email at [email protected], or by providing a new eligible card in the Tabby app.You must inform us at least 3 business days before your next Installment due date. If your credit or debit card is replaced, cancelled, no longer valid, or you wish to use a different card, you must log on to the Tabby Platform and provide an eligible card at least 3 business days before your next Installment due date. We may not be able to process your request if we do not receive it in time. It is your responsibility to ensure that, until the last Installment is paid, the credit or debit card you present for payment at the time of purchase, or anytime thereafter, remains valid, is not cancelled, and has sufficient available balance or available credit to pay all Installments and to accept pre-authorizations that may be made under this Agreement.

Buy Now Pay Later:

4.6 By selecting our BNPL payment option at the checkout page, you authorize us to charge the eligible card you selected and provided to us at checkout (or later provide to us) over time in the number of payments that you have selected at checkout. The payment date, and amount of each Installment we will charge, will be shown on the website before you complete your purchase.You authorize us or our service provider to (1) charge your selected card for the amount of your down payment on or after the date of this agreement; (2) charge your selected card in the amount of each installment on each installment due date; (3) charge your selected card for the total sale price less any installments you have already paid (a) in an event of default (subject to any notice and cure rights you may have by law) or (b) if you cancel this agreement after the time permitted by this agreement; and (4) charge your selected card as necessary to correct any errors, until the entire amount due under this Agreement is paid. If an automatic charge fails, you are required to otherwise make the scheduled payment on or before the relevant due date.

Credit Card Installments:

4.7 By selecting the "Credit Card Instalments" payment option at the checkout page and accepting this Agreement, you authorize us to charge the eligible card you select at checkout (or later provide to us) over time in the number of payments that you have selected at checkout. Neither we nor Splitit impose any interest or additional charges to you for selecting this payment option. The payment date, and amount of each Installment we will take, will be shown on the website before you complete your purchase. You authorize us or our service provider to (1) pre-authorize your selected card for up to the total sale price as described above; (2) charge your selected card for the amount of your down payment on or after the date of this agreement; (3) charge your selected card in the amount of each installment on each installment due date; (4) charge your selected card for the total sale price less any installments you have already paid (a) in an event of default (subject to any notice and cure rights you may have by law) or (b) if you cancel this agreement after the time permitted by this agreement; and (5) charge your selected card as necessary to correct any errors.This payment authorization will remain in full force and effect until all installments are paid in full or we receive notice that you revoke this authorization. We use a third-party technology platform provided by Splitit to keep a record of payments you owe us under this Agreement and we use their platform to submit the pre-authorisation requests and card payment requests at the times we have agreed.

a. We may obtain a pre-authorization against your credit card for the Total Sale Price at the time of purchase. A pre-authorization means that a portion of your available credit line on your credit card, up to the amount of the Total Sale Price, will be blocked in order to ensure you have sufficient available credit to make future payments. To ensure we retain a valid pre-authorization against your credit card for the goods or services we have supplied you with, we will renew the pre-authorization every month using the credit card details provided at the time of purchase (or a subsequent credit card you provide) by submitting a pre-authorization for the amount you owe us at the time we submit each pre-authorization. This means that the amount of each pre-authorization will be reduced by the amount of Installments paid over time. We will let you know 1 day before we intend to renew our pre-authorization.

b. Your credit card issuer is likely to reduce your available credit by the amount we have pre-authorized on your credit card so that you will not be able to use that amount of your credit line while our pre-authorization remains in place.Even if your credit card issuer does not do so, you should still ensure you have enough available credit to cover the full amount you owe us under this Agreement for your purchase (not including any sum you have already paid to us) at all times. If any pre-authorization we seek to make against your credit card fails, we will contact you by email to let you know.We will also keep attempting to get approval for the pre-authorization by submitting a request once a day for the following 7 days.You can provide us with a different valid and acceptable credit card to use instead to take pre-authorizations and payments from.We will then submit any payment pre-authorizations and subsequent settlement requests against this alternate credit card instead.

c. If we are not able to renew a pre-authorization for the sums you owe under this Agreement by your next Installment due date, and you do not make an Installment payment by the due date (subject to any applicable grace period), we may submit a payment request against the last pre-authorization we held against your credit card for the full purchase price less the amount of any Installments you have already paid.In particular, please note, as payments are being charged to your card, you may be charged interest and fees or other charges imposed by your card issuer under their agreement with you, this could include late payment fees, overdraft fees, periodic interest, or over-the-limit fees. you are solely responsible for these fees.

4.8 Cancellation. Any returns or complaints in relation to the goods purchased are handled by the retailer and you will have no rights towards us. Subject to us receiving written confirmation from a retailer to refund an amount payable for the goods purchased by you, we may cancel your instalments and refund any payments made towards your purchase .

4.9 Default. Subject to applicable law, which may require that we notify and/or give you a right to cure your default, we may declare you in default for any of the following reasons: (1) you fail to pay any Installment by the due date, and after any applicable grace period; (2) you violate any promise you make to us which significantly impairs your ability to pay or our ability to collect the amounts due under this Agreement; (3) you revoke your consent to electronic communications; or (4) you die or become legally incompetent. If you are in default, we can require you to pay the remaining amount you owe us at once, subject to any right you may have to notice of default and to cure such default.We may seek payment of this amount by charging your credit or debit card pursuant to any pre-authorization you provided us under this Agreement.

4.10 Late Payment. In case of late payment, you are obligated to pay additional collection fees from the date you are in default, under the condition Tabby will dispose of the additional amounts to charity under the supervision of the Shari’a Supervisory Board. We may initiate debt collection procedures and incur (extra- judicial) costs to recover the amount due. These costs will be for your account. We do not offer interest-based loans, however, you may incur certain collection fees if your payments are not made timely. You will incur additional fees and from the date you are in default we are entitled to charge collection fees. You undertake to pay the following amount as a result of late payment: 15 dirhams after the payment date;

an additional 30 dirhams if the amount is outstanding 14 days after the payment date.

4.11 Extend Due Date. The Extend Due Date option may be offered at tabby’s sole discretion when you shop at certain merchants. If you think you will need more time to make funds available on your payment method before your Due Date, you may have the option to extend the Due Date by an additional seven days (7 days). You may extend a Due Date only once per order. If you choose to avail the Extend Due Date service, you will incur a ten dirham (AED 10) fee for this service. Extending a Due Date does not affect or limit your obligations, including your obligation to make your scheduled payment, under this Agreement.

4.12 We can additionally require immediate payment of your total outstanding balance and, unless prohibited by applicable law, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney or collection agency.

5. Our Rights

5.1 We may set a total purchase limit for you which will be disclosed on your account when you login at our website or open the app. This limit is the total amount available to you for purchases with retailers and reduces each time when you make a purchase. We may change the purchase limit from time to time at our absolute discretion, based on a variety of factors, including but not limited to your creditworthiness, and payment and transaction history.

5.2 We may deny any transactions for any reason at our discretion. We are not liable for any refusal to honour a transaction or your account.

5.3 By using the services of Tabby, you authorise Tabby to to transfer to international payment system operators payment card data you’ve provided to us when filling out forms on the Website or otherwise, and to receive from such operators confidential information, in particular - a report including a score from Visa or/and Mastercard and is formed using the data of your payment cards and transactions carried out with the use of such cards, the data of which are provided by yourself to Tabby, in order for us to make a decision on concluding a loan agreement.

5.4 By using the services of Tabby, you authorise Tabby to coordinate with the retailer, broker, or agent from whom you have made a purchase using Tabby, to downgrade or cancel your membership, subscription or any upcoming fulfilment or service. By authorising Tabby to do, you also authorise Tabby's Merchant, broker or agent partner, to liase with their vendors, suppliers and/or manufacturers if applicable, to enforce the aforementioned cancellation and/or downgrade.

5.5 We may at any time, and without notice to you, sell, assign, or transfer your account, any amounts due on your account, your contract with us, or our rights or obligations under your account or these terms to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all our rights and shall assume our obligations under these terms, to the extent sold, assigned or transferred.

5.6 By using the services of Tabby, you:

a. Acknowledge and consent to security interests granted by Tabby in favour of Emirates NBD Bank PJSC as security agent in the United Arab Emirates (Security Agent) over all its present and future rights, title and interest from time to time in and to all receivables, accounts payable, book and other debts, all proceeds and other rights to receive money under or in connection with this agreement;

b. Consent to the perfection and registration of such security arrangements over this agreement in the registry established by the president of the Dubai International Financial Centre (DIFC) pursuant to Article 36 (Security Registry) of DIFC Law No. 8 of 2005 in respect of the law of security, and includes any replacement or successor register;

c. Consent to the exercise by the Security Agent (or any receiver or delegate) of any of its rights under such security arrangements;

d. Agree that you will pay any amounts owing as such fall due under this agreement as directed from time to time by the Security Agent in writing; and

e. Agree that you will not claim or exercise any right of set-off or counterclaim in respect of this agreement.

5.7 We are authorized to exercise the same rights against you as the retailer may exercise based on the purchase.

6. Tabby Cashback

6.1 We may offer you the opportunity to earn cashback on purchases (whether using our BNPL service or other payment methods) from retailers that have agreed to participate in our cashback product (Retail Partners).

6.2 To be eligible to receive cashback on purchases from our Retail Partners you must:

a. Register for an Account, be signed in to Tabby and use the shopping links within the Tabby app or website, and complete your purchase transaction during the same shopping session you started after clicking on the shopping link.

b. If you visit other sites before completing your purchase or use coupons not provided by Tabby, your purchase might be associated with a service other than Tabby and you might not earn cashback on your purchase. If you disable “cookies” on your computer, you will not be able to earn cashback because cookies are used to authenticate the user and verify whose Account is eligible for the cashback.

c. Purchase items from our Retail Partners in accordance with the terms and conditions outlined on the applicable Retail Partner’s merchant page via the shop directory on our website/app; and

d. Fraudulent Activity. We reserve the right to investigate any purchase transactions, referral activity, or interaction with any Tabby property that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Cashback, bar further Cashback awards and/or bonuses, and/or terminate any Customer Account that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding Cashback has been credited or making fraudulent referrals by creating multiple Accounts. Multiple Accounts created under the Refer-A-Friend Program with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cashback or other rewards and bonuses, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Cashback rewards. If Company has any reason to suspect fraudulent activity is associated with your Account, Company reserves the right to delay or withhold payment of Cashback. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process.

6.3 You acknowledge and agree that not all purchases from our Retail Partners may be eligible for cashback. Exclusions from cashback will be determined by our Retail Partners in their absolute discretion, and the list of exclusions is subject to change at any time without notice. You acknowledge and agree that it is your obligation to confirm with the applicable Retail Partner whether a purchase will benefit from cashback before completing a purchase.

6.4 Without limiting clause 6.3, you will not be eligible for cashback on purchases from Retail Partners using store credits.

6.5 The cashback rate (including currency) for each purchase will be stated on the applicable Retail Partner’s merchant page on our website/app, and is subject to change at any time without notice. The cashback amount will be determined based on the purchase price of goods excluding any taxes (including but not limited to value added tax), duties, shipping or delivery charges, processing fee, or any other service fee or charge applied by the Retail Partner and paid by you.

6.6 While we use our reasonable endeavours to ensure the cashback rate stated on the applicable Retail Partner’s merchant page on our website/app is correct and current, to the maximum extent permitted by law we do not guarantee the accuracy of such information. You acknowledge and agree that it is your obligation to confirm with the applicable Retail Partner the cashback rate before completing a purchase.

6.7 The cashback amount for each eligible purchase will be reflected in your Tabby wallet as “Pending confirmation” within 5 days of the later the retail partner confirming to us your eligible purchase.

6.8 The cashback amount for each eligible purchase will be credited to your Tabby wallet within 5 days of the later of:

a. the date on which you can no longer return the eligible goods purchased in accordance with the Retail Partner’s terms and conditions of sale,

b. the retail partner reconfirming that the purchase is valid (excluding any order cancellations or refunds),

6.9 After the Credit Date you can either:

a. transfer all or part of your Tabby wallet balance to pay a BNPL instalment balance due subject to the requirements in clause 6.11;

b. withdraw all or part of your balance to your local nominated banking account subject to the requirements in clause 6.11; or

c. retain all or part of your balance in your Tabby wallet for up to 12 months after the Credit Date.

6.10 For the avoidance of doubt, you cannot transfer all or part of your balance to another person’s Tabby wallet or utilize the balance to pay another person’s BNPL Installment balance.

6.11 Cashback amounts will be debited from your Tabby wallet on a first in, first out basis. To be eligible for a transfer or withdrawal, the total Cashback accrued from Eligible Cashback Transactions, and remaining in your Account, must equate to a value greater than or equal to the minimum balance required, as stipulated in the Tabby app.

6.12 The balance of your Tabby wallet does not constitute monies held on trust by us for your benefit. Your rights and entitlements are solely limited to such personal or contractual rights outlined in these terms.

6.13 You can only withdraw an amount from your Tabby wallet to your local nominated banking account if:

a. your nominated bank account is with a branch of a financial institution licensed to carry on business in the jurisdiction where you reside;

b. your bank account is with a branch based in the same jurisdiction as the Retail Partners through which you purchased items that earned the cashback credits;

c. the amount withdrawn is greater than the amount as specified under “minimum eligible transfer balance”

d. you provide all information required by us to complete the transfer of funds, including but not limited to any information or documentation required to satisfy know-your client obligations.

6.14 Any request to withdraw an amount from your Tabby wallet to your local nominated banking account is final once submitted and cannot be reversed. You are solely responsible for ensuring the accuracy of the information provided to us in relation to your local nominated banking account. We will have no liability to you or obligation to correct any transfer that is completed in accordance with your instructions. If your nominated bank rejects the transfer of funds for any reason (excluding where the transfer is rejected due to our error), we may charge you an administration fee which will be communicated, if applicable, and which will be debited from your Tabby wallet.

6.15 Cashback amounts will expire if not withdrawn to your local nominated banking account within 12 months after the relevant Credit Date. It is your responsibility to track Cashback amounts in your Tabby wallet that may expire, and acknowledge that we have no obligation to notify you prior to the expiry of any cashback amounts. We will not be liable to you whatsoever for the value of Cashback amounts that expire in accordance with these terms.

6.16 You are responsible for any and all taxes that may apply to cashback amounts credited to your Tabby wallet. You should obtain independent tax advice as to the tax treatment of such amounts.

6.17 We reserve the right from time to credit or debit your Tabby wallet where it is necessary, reasonable, or expedient to do so. This includes, but is not limited to, circumstances where a cashback amount has been incorrectly credited to your Tabby wallet and/or where it is determined by us in our absolute discretion that you have acted fraudulently, dishonestly, or in contravention of these terms, the terms and conditions outlined on the applicable Retail Partner’s merchant page on our website/app, or any law.

6.18 We reserve the right to suspend or terminate your account where we reasonably believe that you have breached these terms, the terms and conditions outlined on the applicable Retail Partner’s merchant page on our website/app, any law, or it is necessary or reasonable to do so for us to comply or satisfy and law, regulation or court order.

7.Referral Program

7.1 By participating in tabby’s Promotional Referral Program (“Referral Program”), you agree to the terms and conditions in section 7 (the “Eligibility Terms & Conditions”). Tabby may terminate, cancel, suspend, or modify the Referral Program or these Eligibility Terms & Conditions at any time, at its sole discretion.

7.2 The Referral Program permits newly onboarded or existing tabby users (“Referrer”) to invite a new user (“Referee”) to fulfill the requirement for a Valid Referral (“Qualifying Purchase”) as defined below. The Referrer and/or Referee will earn an award (“Referral Reward”) once they’ve satisfied the conditions & instructions for a Qualifying Purchase as described below in the Eligibility Terms & Conditions.

7.3 The Referral Program Eligibility Terms & Conditions are as follows:

a. The Referral Progam runs from 20 June 2022 10:00 AM (GMT+4) until 01 January 2023 11:59 PM (GMT+4). We call this the “Promotion Period”.

b. The Referrer shares a unique personal referral link with the Referee user.

c. The Referee should not have used any tabby service or payment method previously, including but not limited to, making a purchase using one of tabby’s payment methods and downloading the tabby app.

d. The Referee must make a Qualifying Purchase with their first shopping transaction using tabby’s payment methods within the first 30 days of signing up through the referral link.

e. The Qualifying Purchase value is unique for any single merchant and is determined by the minimum eligible basket size set by the merchant for tabby’s payments methods.

f. The Referral Reward applies to In-store & Online transactions and will be awarded within a day after the Referee makes their first purchase and payment with Tabby.

g. The Referral Reward will be credited to your Tabby balance which can be used for upcoming payments or withdrawn to your linked bank account.

h. Tabby reserves the right to exclude any tabby user with delinquent balances from earning rewards through the Referral Program. tabby wants users to develop healthy financial habits and does not encourage consumers to take on more debt than they can afford to pay back.

i. Tabby reserves the right to recover or cancel the Referral Reward if the Referee user’s order is canceled or fully returned within 14 days.

j. A Referrer may only refer their personal family, friends, and acquaintances who fulfill the eligibility requirements of the Referral Program. If we determine that it is likely the Referrer published the personal referral link in a manner that results in or is intended to encourage people outside of the Referrer’s friends/acquaintances to sign up, tabby may disqualify the Referrer from participation in the Referral Program and void any successful referrals at its discretion.

k. The Referral Program is open to individuals who are legal residents of the United Arab Emirates and who are eighteen (18) years of age or older at the time of entry.

7.4 Tabby may disqualify any Referrer or Referee user from the Referral Program if we believe, in our sole judgment, that they are attempting to abuse, misuse, defraud the Program, violate the Eligibility Terms & Conditions, or supply us false information. In the event that a Referrer’s or Referee user’s participation in the Referral Program is terminated, all rewards are void.

7.5 The Program and the rights and obligations of tabby, the Referrer, and the Referee user will be governed by the relevant laws and courts in the United Arab Emirates.

8. Dispute Rights

8.1 Any complaints in relation to the goods purchased are handled by the retailer and you will have no rights towards us. Subject to us receiving written confirmation from a retailer to refund an amount payable for the goods purchased by you, we will credit your account balance. In no circumstance will we be required to pay any amount to you that is credited to your account as part of a refund.

8.2 Complaints in relation to us or our services can be submitted in writing through the contact form on our website at tabby.ai or via postal mail with the keyword "complaint" to our registered address as set forth in these terms.

9. Restricted Use and Intellectual Property Rights

9.1 We own, or license from third parties, all intellectual property rights in our website, our app, and in all the material (including all text, graphics, logos, audio and software) made available on our website and app (Content).

9.2 Your use of the services, our website, or app does not grant or transfer any rights, title or interest in them or the Content to you. However, we do grant to you a licence to access and use our services as outlined in these terms and, where applicable, as expressly authorised by us and/or its third party licensors.

9.3 Without our prior written consent you must not:

a. use our website or app otherwise than in accordance with these terms and solely for the purpose of using the services;

b. resell or sub-license the use of our website or app;

c. copy or otherwise reproduce our website or app; or

d. modify, adapt, develop, create any derivative work, reverse engineer, decompile, disassemble, unlock or carry out any act otherwise restricted by intellectual property rights in our website, app, or Content.

9.4 Any reproduction or redistribution of our website or app is prohibited and may result in civil and/or criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

9.5 All other use, copying or reproduction of our website or app or any part of it is prohibited, except to the extent permitted by law.

10. Availability and Security

10.1 You are responsible for maintaining the secrecy of the login credentials to your account with us. Please notify us immediately of the loss, theft, or possible unauthorized use of your account at [email protected]

10.2 If you permit any person to use your account information, login, or other details with the authorization to obtain credit on your account, you will be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your purchase limit to be exceeded. You acknowledge and agree that you will not hold us responsible for any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

10.3 We make no warranty that your access to the services will be uninterrupted, timely or error-free. Due to the nature of the internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. Access to the services may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice.

10.4 We may also impose restrictions on the length and manner of usage of any part of the services for any reason. If we impose restrictions on you personally, you must not attempt to use the services under any other name or user or on any other mobile device. It is your responsibility to keep your phone and access to the services secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the services will not work properly or at all.

10.5 We do not warrant that the app or website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the app or website or your obtaining any material from, or as a result of using, the app or website. We shall also not be liable for the actions of third parties.

11. Data Protection

11.1 We understand and appreciate the trust given by you to handle your personal data. We are fully committed to protect your privacy.

11.2 We and our affiliates will process your data in accordance with applicable data protection regulations. In order to deliver certain functions as part of the services, we will need to record your name, national ID number and any other details on such ID, date of birth, email address, address, telephone number and details around the payments due by you to us.

11.3 We process your personal data for the following purposes:

(i) to perform a credit check on you and/or to confirm your identity;

(ii) to send you an invoice via email, text message or push notification;

(iii) to facilitate the payment via bank transfer, direct debit or any other payment method chosen by you;

(iv) for marketing and business development purposes; and

(v) to administer payments received and to send reminders for non-received payments; and

(vi) to engage debt collection agencies in case of non-payments. You acknowledge that we may share any personal data we hold on you with the retailer where you have bought goods.

11.4 You can request details of your personal information held by us, and request correction in cases where the information is incorrect. We have implemented adequate technical and organizational measures to prevent any unauthorized access or loss of your personal data.

12. Disclaimer and Liability

12.1 We shall not be liable for any damages incurred by you or a third party as a result of any act by us for the provisioning of the services in compliance with these terms. We will not be liable if for any reason all or any part of the services is unavailable at any time or for any period. From time to time, we may restrict access to (some parts of) the services.

12.2 In using our services (including our website/app) to purchase goods from retailers you acknowledge and agree that:

a. your purchase of goods is subject to the retailer’s terms and conditions of sale;

b. we are not agents or representatives acting on behalf of the retailer;

c. the retailer’s terms and conditions of sale, and any policies or promotions are not controlled by us;

d. we make no representation and give no warranty as to the condition, merchantability, or fitness for a particular purpose of the goods sold by the retailer and purchased by you;

e. any claims you may have in relation to goods purchased from a retailer must be addressed directly to the retailer and not us; and

f. we have no liability to you whatsoever for any claim for loss or damage that arises from your use or purchase of goods from the retailer.

12.3 Without limiting paragraph (f) above, to the extent permitted by law, you indemnify and release us, our officers, employees and agents from and against all actions, claims (actual or threatened), proceedings (including proceedings where we are joined pursuant to any proportionate liability regime) or demands (including any costs and expenses in defending or servicing same) which may be brought against us, in respect of any loss (including any indirect or consequential loss, loss of opportunity, loss of revenue, loss of profit, loss of reputation), death, injury, illness or damage to persons or property, and whether direct or indirect and in respect of any breach of any industrial or intellectual property rights, howsoever arising out of the use of, reliance on, or benefit of, the goods purchased from the retailer.

12.4 To the maximum extent permitted by law, we do not warrant or represent:

a. the performance of our website or app;

b. that the use or access to our website or app will be uninterrupted;

c. that our website or app are free of any virus or other computer software routine intended or designed to permit unauthorised access to your computer system or disable, damage, erase, disrupt or impair the normal operation of your computer system; or

d. the accuracy, reliability, or completeness of any Content.

12.5 Our website and app (including any Content) are provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the suitability of accessing and using our website, app and services, and access and use of our website, app, or services is at your own risk.

12.6 We will have no responsibility or liability to you in relation to any loss or damage that you incur, including but not limited to damage to your software or hardware or loss of data, arising from your use of or access to our website, app, or services, or the unavailability of our website, app, or services.

12.7 To the full extent permitted by law, we exclude all warranties, terms, conditions, or undertakings not stated in these terms, whether expressed or implied, in relation to our website, app, or services (Implied Terms). Where any law implies any Implied Terms into these terms that cannot be modified or excluded, then such Implied Terms will deem to be included. However, to the full extent permitted by law, our liability to you or any third party for any breach of any Implied Terms that cannot be excluded by law, is limited to an amount equal to your transaction amount with Tabby.

13. Term and Termination

13.1 These terms represent an agreement you have with us for an indefinite period of time. These terms apply (as amended from time to time) until the agreement is terminated by you or us and can be terminated at any time.

13.2 We may suspend or close your account or otherwise terminate your right to use your account at any time at our absolute discretion.

13.3 If you change your mind about entering into this 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 Agreement does not automatically terminate any other service contract that you have entered in connection with this Agreement.

13.4 Please note that terminating this 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 any Tabby product until the exercise of the revocation.

13.5 We will retain your information after the closure of your account in accordance with our privacy policy.

14. Miscellaneous

14.1 The provision of the services and all contracts concluded by us are governed by the laws of the Dubai International Financial Centre.

14.2 You irrevocably agree that the competent courts of the Dubai International Financial Centre shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the provision of the services and contracts concluded by us.

14.3 These terms contain all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing.

14.4 If any of these terms should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

14.5 Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later.

Tabby FZ-LLC

Registration number 96455 Premises No.: HD 09C

Floor: 1

Building: In5 Tech

Dubai, United Arab Emirates