1. The Terms

1.1 Tabby provides to our customers a range of innovative consumer purchasing solutions, including buy now pay later services (“BNPL”); cashback services 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 FZ-LLC, 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 the 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 Later:

2.1 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 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 21 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; and

2.9.6 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.

Tabby Cashback:

2.11 On the condition you have a Tabby Account, you may also elect to use our Tabby Cashback service separately or together with our BNPL.

Other Tabby Services:

2.12 On the condition you have a Tabby Account you may also elect to use any of the other Tabby Services currently available to customers.

2.13 Such other Tabby Services may be subject to supplemental terms (“Tabby Service Terms”) which you will be required to enter alongside these Terms before accessing such Tabby Service.

2.14 Together the Tabby Service Terms and the Terms will make up your agreement for such Tabby Service with Tabby.

2.15 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.

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 authorized and approved by the Central Bank of Kuwait (“CBK”) 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 or any other agency authorized and approved by the CBK, in accordance with our obligations under applicable law or as mandated by the CBK.

4. Payment Methods

4.1 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 Card, 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 Tabby Platform 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 cancelled, 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 Tabby 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.

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 Instalment 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.

5.5 These Terms hereby constitute notice to you that we have granted first ranking security interests (the Security Interests) in favour of Emirates NBD Bank PJSCas security agent in the United Arab Emirates (Security Agent) over all of our 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 these Terms (the Receivables).

5.6 We confirm that:

a) we will remain liable under the Terms to perform all the obligations assumed by us under these Terms; and

b) none of the Security Agent, its agents, any receiver or any other person will at any time be under any obligation or liability to you under or in respect of these Terms or the Receivables.

5.7 We will also remain entitled to exercise all our rights, powers and discretions under the these Terms and the Receivables and you should continue to make payments and send communications under these Terms and the Receivables to us, unless and until you receive notice from the Security Agent to the contrary stating that the security granted to the Security Agent has become enforceable. In this event, all the rights, powers and discretions will be exercisable by, and all payments shall be made and all communications shall be sent, to the Security Agent or as it directs.

5.8 We irrevocably instruct and authorise you to disclose to the Security Agent any information relating to these Terms or the Receivables requested from you by the Security Agent.

5.9 By using the services of Tabby and by your agreement to these Terms, you:

a) acknowledge, agree and consent to the Security Interests referred to in paragraph 5.5 above

b) consent to the perfection and registration of the Security Interests over the Receivables in the registry established by the president of the Dubai International Financial Centre (DIFC) pursuant to article 132 (Security Registry) of DIFC Law No. 4 of 2024 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 its rights under the Security Interests;

d) agree that you will pay any amounts owing as such fall due under these Terms or the Receivables as directed from time to time by the Security Agent (or any receiver or delegate) in writing;

e) confirm that no amount payable by you under these Terms or the Receivables is subject to any set-off, counterclaim or other similar right and we will not exercise or claim any such right; and

f) confirm that you have not received notice of the interest of any third party in the Receivables.

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; or

6.1.4 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 you will incur certain collection fees if your payments are not made in a timely manner. You undertake to pay the following amounts as a result of a Late Payment which will be added to the Total Amount Due:

7.2.1 1.25 Kuwaiti Dinars immediately upon Late Payment;

7.2.2 An additional 2.5 Kuwaiti Dinars if the Installment is not paid by the date falling 14 days after the Due Date;

7.2.3 A further additional 2.5 Kuwaiti Dinars if the Installment is not paid by the date falling 28 days after the Due Date.

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. Extend Due Date Option

8.1 An option to extend the Due Date of any Installment (“Extend Due Date Option”) may be offered at Tabby's sole discretion when you shop at certain Merchants.

8.2 If you think you will need more time to make funds available on your payment method before your Due Date, you may apply for the Extend Due Date Option.

8.3 You may choose the Extend Due Date Option only once per order.

8.4 If you choose to avail the Extend Due Date Option, you will incur a fee for this service. The specific fee amount and the duration of the extension period will be disclosed at the time of you availing the service and may vary based on Tabby's sole discretion.

8.5 Choosing the Extend Due Date Option does not affect or limit your obligations, including your obligation to pay Installments, under these Terms.

9. Our Rights

9.1 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.

9.2 This Limit is the total amount available to you for purchases with Merchants and reduces each time when you make a purchase.

9.3 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.

9.4 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.

9.5 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.

9.6 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.

9.7 You hereby 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.

9.8 We may at any time, and without notice to you, sell, assign, or transfer your Tabby Account, any amounts due on your Tabby Account, your contract with us, or our rights or obligations under your Tabby Account or these Terms to any person or entity.

9.9 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.

9.10 You hereby acknowledge and agree we are authorized to exercise the same rights against you as the Merchant may exercise based on the Products.

10. Tabby Cashback

10.1 We may offer you the opportunity to earn cashback on purchases (whether using our BNPL or other payment methods) from Merchants that have agreed to participate (“Retail Partners”).

10.2 To be eligible to receive Tabby Cashback from our Retail Partners you must:

10.2.1 Register for a Tabby 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;

10.2.2 Not visit other sites before completing your purchase or use coupons not provided by Tabby, otherwise purchase might be associated with a service other than Tabby and you might not earn cashback on your purchase;

10.2.3 Not disable “cookies” on your computer otherwise you will not be able to earn cashback because cookies are used to authenticate the user and verify whose Tabby Account is eligible for the cashback; and

10.2.4 Purchase Products 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.

10.3 We reserve the right to investigate any purchase transactions, referral activity, or interaction with or through Tabby, or our Retail Partners, that we believe, in our sole discretion, is abusing or has abused Tabby Cashback.

10.4 We reserve the right to rescind any Tabby Cashback, bar further Tabby Cashback awards and/or bonuses, and/or terminate any Account that we believe, in our sole discretion, is abusing or has abused Tabby Cashback.

10.5 Any failure to comply with these Terms, any fraud or abuse relating to the accrual or receipt of Tabby 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 Tabby Account and forfeiture of any accrued Tabby Cashback rewards.

10.6 If we have any reason to suspect fraudulent activity is associated with Tabby Account, we reserve the right to delay or withhold payment of Tabby Cashback. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process.

10.7 You acknowledge and agree that not all purchases from our Retail Partners may be eligible for Tabby Cashback.

10.8 Exclusions from Tabby 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.

10.9 You acknowledge and agree that it is your obligation to confirm with the applicable Retail Partner whether a purchase will benefit from Tabby Cashback before completing a purchase.

10.10 You acknowledge and agree that you will not be eligible for Tabby Cashback on purchases from Retail Partners using store credits.

10.11 The Tabby 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.

10.12 The Tabby 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.

10.13 You acknowledge and agree that it is your responsibility to confirm with the applicable Retail Partner the Tabby Cashback rate before completing a purchase.

10.14 While we try to ensure the Tabby Cashback rate stated on the applicable Retail Partner’s merchant page on our Website/App is correct and current, we do not guarantee the accuracy of such information and hereby exclude any and all warranties (express or implied) with regard to such information and all liability in respect of any reliance placed on such information.

11. Tabby Cashback Withdrawals

11.1 The Tabby Cashback for each eligible purchase will be reflected in the wallet in your Tabby Account (“Tabby Wallet”) as “pending confirmation”, within 5 days of the Retail Partner confirming an eligible purchase.

11.2 The Tabby Cashback for each eligible purchase will be credited to your Tabby Wallet on the date (“Credit Date”) that falls within 5 days of the later of:

11.2.1 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; or

11.2.2 the Retail partner reconfirming that the purchase is valid (excluding any order cancellations or refunds),

11.3 After the Credit Date you can either:

11.3.1 transfer all or part of your Tabby Wallet balance to pay an Installment, subject to clause ‎11.6;

11.3.2 withdraw all or part of your Tabby Wallet balance to your local nominated banking account, subject to the requirements under clause ‎11.8;

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

11.4 You acknowledge that you cannot transfer all or any part of your Tabby Wallet balance to another Tabby Wallet or utilize the balance to pay another person’s BNPL Installment balance.

11.5 Tabby Cashback amounts will be debited from your Tabby Wallet on a first in, first out basis.

11.6 To be eligible for a transfer or withdrawal, the total Tabby Cashback accrued and remaining in Tabby Account, must equate to a value greater than or equal to the minimum balance required, as stipulated in the Tabby App.

11.7 Your Tabby Wallet balance does not constitute monies held on trust by us for your benefit, do not attract or accrue interest and do not form part of any deposit protection scheme. Your rights to the Tabby Wallet balance are limited to the contractual rights outlined in these Terms.

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

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

11.8.2 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;

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

11.8.4 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.

11.9 Any request to withdraw an amount from your Tabby Wallet to your local nominated banking account is final once submitted and cannot be reversed.

11.10 You are solely responsible for ensuring the accuracy of the information provided to us in relation to your local nominated banking account.

11.11 You hereby agree that we will have no liability to you or obligation to correct any transfer that is completed in accordance with your instructions.

11.12 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.

11.13 Tabby Cashback amounts will expire if not withdrawn to your local nominated banking account within 12 months after the relevant Credit Date.

11.14 It is your responsibility to track Tabby Cashback amounts in your Tabby Wallet that may expire, and hereby acknowledge and agree that we have no obligation to notify you prior to the expiry of any Tabby Cashback amounts. We exclude any and all liability to you whatsoever in respect of any Tabby Cashback amounts that expire in accordance with these Terms.

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

11.16 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 Tabby 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 page or of any applicable law.

11.17 We reserve the right to suspend or terminate your Tabby Account where we reasonably believe that you have breached these Terms, the terms and conditions outlined on the applicable Retail Partner’s page on or any applicable law

11.18 We reserve the right to suspend or terminate your Tabby Account where it is necessary or, we believe, acting in our absolute discretion, it is reasonable to do so for, in order for us to comply or satisfy any applicable law, regulation, court order or regulatory requirement.

12. Dispute Rights

12.1 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.

12.2 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.

12.3 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.

12.4 Complaints in relation to Tabby or Tabby Services can be submitted in writing through the contact form on our Website.

13. Restricted Use and Intellectual Property Rights

13.1 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”).

13.2 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.

13.3 We hereby grant to you a licence 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.

13.4 You are expressly prohibited from:

13.4.1 using our Website or App otherwise than in accordance with these Terms and other than for the purpose of using the Tabby Services;

13.4.2 reselling or sub-licensing the use of our Website or App;

13.4.3 reverse engineering, copying or otherwise reproducing our Website or App or any Content; or

13.4.4 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.

13.5 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.

13.6 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.

14. Availability and Security

14.1 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.

14.2 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.

14.3 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 15.2.

14.4 We provide no warranty or guarantee that your access to our Website, App or the Tabby Services will be uninterrupted, timely or error-free.

14.5 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.

14.6 We may impose restrictions on the length and manner of usage of any part of the Tabby Services for any reason.

14.7 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.

14.8 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.

14.9 We provide no warranty or guarantee the App or Website will be compatible with all hardware and software which you may use.

14.10 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.

15. Data Protection

15.1 We and our affiliates will process your data in accordance with all applicable data protection regulations.

15.2 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.

15.3 We process your personal data for the following legitimate purposes directly related to your use of the Tabby Services:

15.3.1 to perform a credit check on you and/or to confirm your identity;

15.3.2 to send you an invoice via email, text message or push notification;

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

15.3.4 for marketing and business development purposes; and

15.3.5 to administer payments received and to send reminders for non-received payments; and

15.3.6 to engage debt collection agencies in case of non-payments.

15.4 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.

15.5 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.

15.6 We have implemented adequate technical and organizational measures to prevent any unauthorized access or loss of your personal data.

16. Disclaimer

16.1 We hereby exclude all warranties and conditions, whether express or implied by statute, common law or otherwise, to the extent permitted by law that:

16.1.1 the performance of our Website or App;

16.1.2 the use or access to our Website or App will be uninterrupted;

16.1.3 our Website or App are free of any virus or other computer software routine intended or designed to permit unauthorized access to your computer system or disable, damage, erase, disrupt or impair the normal operation of your computer system; or

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

16.2 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 Tabby Services, and your use and access of our Website, App, or the Tabby Services is entirely at your own risk.

16.3 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, App, or Tabby Services, or the unavailability of our Website, App, or Tabby Services.

16.4 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, App, or the Tabby Services.

16.5 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 App.

17. Liability

17.1 Neither you nor Tabby excludes or limits liability to the other party for:

17.1.1 death or personal injury due to negligence; or

17.1.2 fraud or fraudulent misrepresentation; or

17.1.3 any other loss which cannot be excluded or limited under the governing law of these Terms.

17.2 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.

17.3 Subject always to clauses ‎18.1‎ and 18.2, the liability of Tabby for any breach of these Terms, whether for negligence, misrepresentation, breach of contract or otherwise for direct loss or damage shall be capped for the duration of these Terms at a total amount of Ten Thousand United Arab Emirates Dirhams (AED10,000).

17.4 When using Tabby Services (including our Website/App) to purchase Products you hereby acknowledge and agree that:

17.4.1 your purchase of Products is subject to the Merchant’s terms and conditions of sale;

17.4.2 we are not agents or representatives acting on behalf of the Merchant;

17.4.3 the Merchant’s terms and conditions of sale, and any policies or promotions are independent of Tabby and are not controlled by us;

17.4.4 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;

17.4.5 you will address all claims you may have in relation to the Products directly to the Merchant and not us; and

17.4.6 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.

17.5 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.

18. Term and Termination

18.1 These Terms represent an agreement you have with us for the duration of your use of the Tabby Services.

18.2 These Terms apply (as amended from time to time) until terminated in accordance with this clause 19.

18.3 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.

18.4 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.

18.5 Terminating these Terms does not automatically terminate any other service contract that you have entered into in connection with these Terms.

18.6 Please note that terminating these Terms will not terminate your purchase agreement(s) with the Merchants.

18.7 Your rights and obligations in relation to your agreements with Merchants are governed by those agreements and the legislation relating to them.

18.8 We will retain your information after the closure of your Tabby Account in accordance with our privacy policy.

19. Miscellaneous

19.1 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.

19.2 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.

19.3 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.

20. Governing Law and Jurisdiction

20.1 These Terms, the provision of the Tabby Services and all contracts concluded by us are governed by the laws of the Dubai International Financial Centre.

20.2 You irrevocably agree that the competent courts of the Dubai International Financial Centre 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 FZ-LLC

Registration number 96455 Premises No.: HD 09C

Floor: 1

Building: In5 Tech

Dubai, United Arab Emirates