1.1. Tabby provides to our customers a range of innovative consumer purchasing solutions, including buy now pay later services (“BNPL”); and such other consumer solutions as we make available through any of our consumer channels (each a “Tabby Service” and collectively the “Tabby Services”).1.2. The Tabby Services are provided by Tabby LLC FZ, a company registered in Dubai, UAE (“Tabby”) (and Tabby is also referred to throughout the terms and conditions set out below (“Terms”) as "we", "us" or "our").1.3. Before registering for a Tabby Account at tabby.ai (“Website”), or downloading and installing the Tabby app (“App”), you must agree to be bound by these Terms.1.4. You should read the Terms carefully before you agree to be bound by them and you should determine whether the Tabby Services are appropriate for you given your personal or financial circumstances.1.5. You should print a copy of the Terms for your records.1.6. We reserve the right to change the Terms at any time by updating the App and our Website to incorporate any new or amended terms, an email will be sent to your registered email account with us informing you of the update / change.1.7. You are responsible for regularly reviewing information posted on the App or Website to obtain timely notice of amendments to these Terms and to submit your agreement to them.
2. Tabby Services
Buy Now Pay Later2.1. On the condition you have applied for a Tabby Account with Tabby, which has been approved (“Tabby Account”), you will be able to use our BNPL to buy products and/or services (“Products”) with associated offline and online retailers (“Merchants”) using BNPL.2.2. BNPL allows you to pay for the total cost of a Product (“Total Amount”) through smaller equal payment amounts which are paid on specific agreed dates (“Due Dates”) as designated amounts (“Installments”).2.3. You can also apply to use BNPL at checkout, with certain Merchants.2.4. Approval of a checkout application will be subject to our review of your data and circumstances.2.5. We explicitly reserve the right, at our absolute discretion, to decline your application for BNPL at any time without giving reasons for doing so.2.6. If your Tabby Account has a sufficient balance or your BNPL application is approved (as appropriate), we will pay the Merchant the Total Amount for the Products you purchase on your behalf, and you agree to repay the Total Amount to us us in full via the agreed Installments, in accordance with these Terms.2.7. The amount you owe to Tabby at any one time will be the Total Amount, less, any installments (if any) you have already paid (“Total Amount Due”) and will be displayed as a figure in your Tabby Account.2.8. It is important to note that benefits that may be offered by your bank or credit card issuer with respect to purchases of Products from Merchants 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 the Tabby Services.2.9. Our BNPL is only available to eligible persons. Whether you are eligible will be determined by us at our discretion and will depend on numerous factors such as our assessment of your creditworthiness, your history of transactions, the Merchant's account history, as well as the following criteria:2.9.1. you are living in Kuwait and have provided your permanent residential address;2.9.2. you are 18 years of age or older;2.9.3. you have an active email account registered in your name;2.9.4. you have an active mobile phone number registered in your name;2.9.5. you have provided all your information and documentation requested by us; and2.9.6. 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.2.10. We may provide you, at our sole discretion, with offers and benefits such as discounts, special events, pre-access to products, sales promotions, Merchant offers, sampling and giveaways. Any such offers or benefits will be subject to separate terms and conditions as notified to you. Other Tabby Services2.12. On the condition you have a Tabby Account you may also elect to use any of the other Tabby Services which are made available to you either as a permanent service or as part of promotion. 2.30. Such other Tabby Services may be subject to supplemental or promotional terms (“Tabby Service Terms”) which you will be required to enter alongside these Terms before accessing such Tabby Service.2.13. Together the Tabby Service Terms and the Terms will make up your agreement for such Tabby Service with Tabby.2.14. If there are any conflicts between the Tabby Service Terms and the Terms on the same subject in respect of the Tabby Service, the Tabby Service Terms shall prevail.2.15. Please be aware that Tabby reserves the right to modify any Tabby Service or the Tabby Service Terms at our sole discretion, such modification will always be communicated to you and may be subject to your acceptance in order for you to continue accessing the relevant Tabby Service.
3. Your Information
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 Tabby Account information up to date and accurate. You warrant and represent that any residential address, email address or mobile phone number that you provide to us is current and belongs to you. You agree to 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 Tabby Services for compliance purposes, to improve your use of the Tabby Services, and to provide you with offers and benefits.3.4. You agree that Tabby may at any time make inquiries about you and request any information about you that Tabby requires to provide you with a Tabby Service, including but not limited to your credit score or a credit indicator relating to you that Tabby considers appropriate from any financial institution, credit bureau, or reference agency or any other source that Tabby considers necessary, to assess your eligibility to use the Tabby Services. A credit score may also be requested in connection with an extension or increase of your spending limit, account renewal, account collection action, or dispute investigation.3.5. You hereby authorize Tabby (and those organizations acting on its behalf) to make such inquiries and obtain such information about you without the need for further consent or approval from you or notification to you, for the purposes of determining your eligibility for the Tabby Services.3.6. We may also disclose any information aggregated by us or report your repayment history and credit behavior to any credit bureaus (in or any other agency authorized and approved by the Central Bank of Kuwait (“CBK”) , in accordance with our obligations under applicable law or as mandated by the CBK .
4. Payment Methods and Statements
Payment Methods4.1. Before completing any transaction on your behalf through the Tabby Services, you must agree to these Terms and any specific terms applicable to that transaction.4.2. Clicking the“Buy Now” button indicates that you have read, understood and accepted these Terms in full and that you do accept your obligation to pay the Total Amount, including any fees and any other transactions that may be charged to your account, in accordance with the Terms.4.3. You acknowledge that a down payment must be paid before you are accepted for the Tabby Services, this will become the first Installment which is immediately due and payable.4.4. Every subsequent Installment payment (or first payment, if no down payment is required) is due pursuant to the set Installment billing cycle as shown on your Tabby Account.4.5. We may not always issue you notices or reminders of any upcoming Installment payment dates. The Installment payment instructions are available on our Website/App and/or the billing statement in your Tabby Account.4.6. Dependent on the Tabby Service, Tabby will accept various funding sources, including debit or credit cards, but not prepaid cards. We may, at our absolute discretion, refuse to accept any debit or credit card that has an expiry date which is within twelve (12) months of the Product purchase date.4.7. We may require you to register more than one card or funding source to your Tabby Account, to be used in respect of the repayment of your Installments and will ask you to select a default from which Instalments will be taken directly.4.8. In the event your default card, or funding source cannot be charged, including for Installment plans or registered subscriptions, you hereby authorize Tabby to directly charge any other funding source registered to your Tabby Account at Tabby’s discretion.4.9. You may at any time pay, in whole or in part, the Total Amount Due, without any additional charge for prepayment.4.10. We will at all times, determine, at our absolute discretion, any acceptable methods of payment, and may discontinue accepting any particular payment method at any time for any reason.4.11. Should you use a credit card or other payment method that is reversible, you hereby waive any rights to make such chargebacks or reversals.4.12. We may delay making credit available on your Tabby Account in the amount of your payment until such time we have received the payment in clear funds.4.13. If your credit or debit card is replaced, canceled, no longer valid, or you wish to use a different card, you must log on to the App and provide an eligible card at least 3 business days before your next Installment due date. Tabby may, at its absolute discretion, refuse to accept the removal or replacement of any payment method.4.14. It is your responsibility to ensure that, until the Total Amount Due is paid, the credit or debit card you present for payment at the time of purchase, or anytime thereafter, remains valid, is not canceled, and has sufficient available balance or available credit to pay all Installments and to accept pre-authorizations that may be made under these Terms.4.15. You have the right to stop a payment on an added credit or debit card by providing a replacement card in the App at least 3 business days before your next payment Installment due date. Tabby may, at its absolute discretion, refuse to accept the removal or replacement of any payment method.Statements.4.16. Upon accessing Tabby Services, you will be granted access to Statements that outline the methods and procedures for making repayments under the applicable Tabby Service.4.17. For your convenience, all payments from individual purchases will be consolidated into a single monthly Statement. This Statement will provide:4.17.1. A single due date4.17.2. A unified billing cycle4.18. Your billing cycle commences upon making your first purchase. This initial purchase triggers the creation of your first Statement. Any purchases made within the subsequent 30 days will be included in this Statement.4.19. Each Statement you receive will detail the following:4.19.1. the next payment amount for each purchase.4.19.2. Payment due dates for each purchase.4.19.3. Any applicable service fees (if relevant for the Tabby Service).4.20. You agree that if you miss a payment outlined under your Statement, Tabby will assess a late fee, which will be added to your Total Amount Due. The late fee will be determined by Tabby based on the outstanding Statement amount and your customer profile with Tabby. The structure for late fees is as follows:4.20.1. Initial Late Fee: A late fee will be applied immediately upon a missed payment.4.20.2. Late Fee: If the installment is not paid within 14 days after the due date, an additional late fee will be charged.4.20.3. Further Late Fee: If the installment remains unpaid for 28 days after the due date, another additional late fee will be charged.Tabby calculates these fees to ensure fairness and to encourage timely payments. The exact amount of the late fee will vary based on the factors mentioned above. If you have any questions or concerns about late fees or your payment schedule, please don't hesitate to contact our customer service team for assistance.4.21. We may initiate debt collection procedures and incur (extra-judicial) costs to recover any Statement amounts due. These costs will be set out in your Tabby Account and will be added to the Total Amount.4.22. We can additionally require immediate payment of the Total Amount Due 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 Tabby Account for collection to an attorney or collection agency.4.23. You may be granted the option to view and settle your Statement in either of the following ways (as applicable):4.23.1. Through the "Payments" section of the App.
5. Buy Now Pay Later:
5.1. By selecting our BNPL payment option at the checkout page, you authorize us to charge the eligible card you added and provided to us at checkout (or which you later provide to us) over time for the number of Installments that you have added at checkout.5.2. The payment date, and amount of each Installment we will charge, will be shown on the website before you complete your purchase.5.3. You hereby authorize us or any of our authorized service providers to:5.3.1. charge your added card for the amount of your down payment Installment on or after the date of the purchase;5.3.2. charge your added card in the amount of each Installment on each Installment due date;5.3.3. charge your added card for the Total Amount Due:5.3.4. in an event of default, charge your added card the relevant Installment or the Total Amount Due under these Terms.5.4. If any automatic charge of an Installment or the Total Amount Due fails, you are required to make the required payment immediately.
6. Payment Default
6.1. We have the right, subject to any specific requirements under applicable law to provide you with a cure period, to declare you in default for any of the following reasons:6.1.1. you fail to pay any Installment by the Due Date;6.1.2. you commit any act or omission which we consider, acting significantly impairs your ability to pay or our ability to collect the amounts due from you;6.1.3. you revoke your consent to electronic communications; or6.1.4. you die or become legally incompetent.6.2. If you are declared in default, you acknowledge we have the right to require you to pay the remaining total amount of all outstanding Installments immediately.6.3. You agree we have the right to seek immediate payment of this amount by charging the credit or debit card you provided for pre-authorization under these Terms.
7. Late Payment
7.1. In the event any Installment is not paid in full on the Due Date (“Late Payment”), you are obligated to pay additional collection fees calculated from the date you are in default.7.2. You agree that if you miss an Installment payment, Tabby will assess a late fee, which will be added to your Total Amount Due. The late fee will be determined by Tabby based on the outstanding Installment amount and your customer profile with Tabby. The structure for late fees is as follows:7.2.1. Initial Late Fee: A late fee will be applied immediately upon a missed payment.7.2.2. Late Fee: If the installment is not paid within 14 days after the due date, an additional late fee will be charged.7.2.3. Further Late Fee: If the installment remains unpaid for 28 days after the due date, another additional late fee will be charged.Tabby calculates these fees to ensure fairness and to encourage timely payments. The exact amount of the late fee will vary based on the factors mentioned above. If you have any questions or concerns about late fees or your payment schedule, please don't hesitate to contact our customer service team for assistance.7.3. We may initiate debt collection procedures and incur (extra-judicial) costs to recover any Late Payment due. These costs will be set out in your Tabby Account and will be added to the Total Amount.7.4. We can additionally require immediate payment of the Total Amount Due 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 Tabby Account for collection to an attorney or collection agency.
8. Our Rights
8.1. We may set a total purchase limit (“Limit”) for you which will be disclosed on your Tabby Account when you login at our Website or open the App.8.2. This limit is the total amount available to you for purchases with Merchants and reduces each time when you make a purchase.8.3. We may change the 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.8.4. We may deny any transactions for any reason at our discretion. We are not liable for any refusal to honour a transaction or Tabby Account.8.5. You hereby authorise Tabby to transfer 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.8.6. You hereby authorise Tabby to coordinate with the Merchant, broker, or agent from whom you have made a purchase using Tabby, to downgrade or cancel your membership, subscription or any upcoming fulfillment or service.8.7. You hereby authorize Tabby's Merchant, broker or agent partner, to liaise with their vendors, suppliers and/or manufacturers if applicable, to enforce the aforementioned cancellation and/or downgrade.
9. Referral Program
9.1. By participating in Tabby’s promotional referral program (“Referral Program”), you agree specifically to this clause 9 (the “Eligibility Terms & Conditions”).9.2. Tabby may terminate, cancel, suspend, or modify the Referral Program or these Eligibility Terms & Conditions at any time, at its sole discretion.9.3. 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 as defined in clause 9.5 below (“Qualifying Purchase”).9.4. The Referrer and/or Referee will earn an award (“Referral Reward”) once they’ve satisfied the conditions for a Qualifying Purchase.9.5. Referral Program shall be structured as follows:9.5.1. Tabby will notify the period(s) during which the Referral Program is active. We call this the “Promotion Period”.9.5.2. The Referrer shares a unique personal referral link with the Referee user.9.5.3. 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.9.5.4. 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.9.5.5. 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.9.5.6. 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.9.5.7. The Referral Reward will be credited to your Tabby Account which can be used for upcoming payments or withdrawn to your linked bank account.9.5.8. 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.9.5.9. 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.9.5.10. A Referrer may only refer their personal family, friends, and acquaintances who fulfill the eligibility requirements of the Referral Program.9.5.11. 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.9.5.12. The Referral Program is open to individuals who are legal residents of Kuwait and who are twenty one(21) years of age or older at the time of entry.9.5.13. 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 or Referee user’s participation in the Referral Program is terminated, all rewards are void.
10. Dispute Rights
10.1. Any complaints in relation to Products shall be handled exclusively by the Merchant and you hereby agree that Tabby has no responsibility or liability to you in respect of any issue of performance, merchantability or suitability of the Products themselves. You acknowledge and agree that your payment obligations under these Terms, including the repayment of any amounts owed to Tabby, are independent of the fulfillment or non-fulfillment of any Products or services by the Merchant. Non-performance, delays, or any other issue related to the Product or service will not affect, reduce, or eliminate your obligation to repay the Total Amount Due to Tabby in accordance with these Terms.10.2. Subject to us receiving written confirmation from a Merchant to refund an amount payable for a Product, we will credit your Tabby Account the relevant balance.10.3. In no circumstance will we be required to pay any amount directly to you that is to be credited to your Tabby Account as part of a refund.10.4. Complaints in relation to Tabby or Tabby Services can be submitted in writing through the contact form on our Website.
11. Restricted Use and Intellectual Property Rights
11.1. We own or hold the rights to any and all intellectual property in our Website and App (“Core IP”), as well all intellectual property and other rights in all material (including all text, graphics, logos, audio and software) made available on or through our Website and App (“Content”).11.2. Your use of the Tabby Services, our Website, or our App does not grant or transfer any rights, title or interest in either the Core IP or the Content to you.11.3. We hereby grant to you a license to access and use the Website and the App solely for the purpose of your use and enjoyment of the Tabby Services, as outlined in these Terms and, where applicable, as expressly authorised by us.11.4. You are expressly prohibited from:11.4.1. using our Website or App otherwise than in accordance with these Terms and other than for the purpose of using the Tabby Services;11.4.2. reselling or sub-licensing the use of our Website or App;11.4.3. reverse engineering, copying or otherwise reproducing our Website or App or any Content; or11.4.4. modifying, adapting, developing, creating any derivative work, reverse engineering, decompiling, disassembling, unlocking or carrying out any act restricted by the scope of your license, in relation to the Core IP, our Website, App, or the Content.11.5. Any reproduction or redistribution of our Website or App or any Content is prohibited and will result in civil and/or criminal penalties. In addition, the copy (in whole or in part) of any Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.11.6. All other use, copying or reproduction of our Core IP, Website, App or Content (or any part of) is strictly prohibited in accordance with applicable law.
12. Availability and Security
12.1. You are responsible for maintaining the secrecy of the login credentials to your Tabby Account with us. You are required to notify us immediately of the loss, theft, or possible unauthorized use of your Tabby Account via the App.12.2. If you permit any person to use your Tabby Account information, login, or other details with the authorization to obtain credit on your Tabby 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 limit to be exceeded.12.3. You acknowledge and agree that you will not hold us responsible for any liability arising from the actions or inactions of any third party in connection with any permissions you grant under clause 12.2.12.4. We provide no warranty or guarantee that your access to our Website, App or the Tabby Services will be uninterrupted, timely or error-free.12.5. We will occasionally carry out repairs, maintenance or introduce new facilities and functions, and access to the Website, App or theTabby Services may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice.12.6. We may impose restrictions on the length and manner of usage of any part of the Tabby Services for any reason.12.7. If we impose restrictions on you personally, you must not attempt to use the Tabby Services under any other name or user or on any other mobile device.12.8. It is your responsibility to keep your phone and access to the Tabby 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) as it could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the Tabby Services will not work properly or at all.12.9. We provide no warranty or guarantee the App or Website will be compatible with all hardware and software which you may use.12.10. We shall not be held liable for damage caused by or related to any viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property either directly or indirectly 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.
13. Data Protection
13.1. Tabby and our affiliates will process your data in accordance with all applicable data protection regulations.13.2. In order to deliver the Tabby 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.13.3. We process your personal data for the following legitimate purposes directly related to your use of the Tabby Services:13.3.1. to perform a credit check on you and/or to confirm your identity;13.3.2. to send you an invoice via email, text message or push notification;13.3.3. to facilitate the payment via bank transfer, direct debit or any other payment method chosen by you;13.3.4. for marketing and business development purposes; and13.3.5. to administer payments received and to send reminders for non-received payments; and13.3.6. to engage debt collection agencies in case of non-payments.13.4. You hereby acknowledge and agree that we may share any personal data we hold on you with the Merchants from whom you have bought Products.13.5. You can request details of your personal information held by us by contacting us via email at [email protected], and may request correction to any personal data we hold about you in cases where the information is incorrect.13.6. We have implemented adequate technical and organizational measures to prevent any unauthorized access or loss of your personal data.
14. Disclaimer
14.1. We hereby exclude all warranties and conditions, whether express or implied by statute, common law or otherwise, to the extent permitted by law that:14.1.1. the performance of our Website or Tabby App;14.1.2. the use or access to our Website or Tabby App will be uninterrupted;14.1.3. 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; or14.1.4. the accuracy, reliability, or completeness of any Content.14.2. Our Website and Tabby 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, Tabby App and Tabby Services, and your use and access of our Website, App, or the Tabby Services is entirely at your own risk.14.3. 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, Tabby App, or Tabby Services, or the unavailability of our Website, App, or Tabby Services.14.4. To the full extent permitted by law, we exclude all warranties (express or implied), terms, conditions, or undertakings not stated in these Terms, whether expressed or implied, in relation to our Website, Tabby App, or the Tabby Services.14.5. Tabby hereby excludes any and all liability for any loss or damages incurred by you or a third party as a result of any act or omission by us in respect of the provision of the Tabby Services, the Website or the Tabby App.
15. Liability
15.1. Neither you nor Tabby excludes or limits liability for:15.1.1. death or personal injury due to negligence; or15.1.2. fraud or fraudulent misrepresentation; or15.1.3. any other loss which cannot be excluded or limited under the governing law of these Terms.15.2. Tabby shall not be held liable for any indirect or consequential loss or damage including, without limitation, any loss of business or profits in each case whether arising from negligence, breach of contract or otherwise.15.3. Subject always to clauses 15.1 and 15.2, the total liability of Tabby for any breach of these Terms, whether for negligence, misrepresentation, breach of contract or otherwise for any direct loss or damage under or related to the Tabby Services or these Terms shall be capped for the duration of these Terms at a total amount of Eight Hundred and Thirty Five Kuwaiti Dinar (KWD 8351).15.4. When using Tabby Services (including our Website/ TabbyApp) to purchase Products you hereby acknowledge and agree that:15.4.1. your purchase of Products is subject to the Merchant’s terms and conditions of sale;15.4.2. we are not agents or representatives acting on behalf of the Merchant;15.4.3. the Merchant’s terms and conditions of sale, and any policies or promotions are independent of Tabby and are not controlled by us;15.4.4. we provide no warranty as to the condition, merchantability, or fitness for a particular purpose of the goods sold by the Merchant and purchased by you;15.4.5. you will address all claims you may have in relation to the Products directly to the Merchant and not us; and15.4.6. we have no liability to you whatsoever for any claim for loss or damage that arises from your use or purchase of Products from a Merchant.15.5. Without prejudice to clause above, to the extent permitted by law, you hereby indemnify release and hold harmless Tabby, our directors, officers, employees and agents from and against any and all losses, 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, any Products purchased from a Merchant.
16. Term and Termination
16.1. These Terms represent an agreement you have with us for the duration of your use of the Tabby Services.16.2. These Terms apply (as amended from time to time) until terminated in accordance with this clause16.3. We may suspend or close your Tabby Account or otherwise terminate your right to use your Tabby Account at any time at our absolute discretion.16.4. If you owe any Installments upon the effective date of termination of these Terms, you must pay them in full within ten days of such date of termination.16.5. Terminating these Terms does not automatically terminate any other service contract that you have entered into in connection with these Terms.16.6. Please note that terminating these Terms will not terminate your purchase agreement(s) with the Merchants.16.7. Your rights and obligations in relation to your agreements with Merchants are governed by those agreements and the legislation relating to them.16.8. We will retain your information after the closure of your Tabby Account in accordance with our privacy policy.
17. Miscellaneous
17.1. These Terms contain all the terms agreed between us and you regarding their subject matter and supersede and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing.17.2. 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.17.3. Our failure or delay in exercising any of our rights under these Terms does not mean that we are unable to exercise those rights later.
18. Governing Law and Jurisdiction
18.1. These Terms, the provision of the Tabby Services and all contracts concluded by us are governed by the laws of Kuwait.18.2. You irrevocably agree that the competent courts of Kuwait shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms, the provision of the Tabby Services and any contracts concluded between us.Tabby LLC- FZRegistration number 96455Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E