1. The services
1.1 If you have applied for an account with us and we have approved you, you will be able to use pay 14 days after delivery or in installments 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 use of pay 14 days after delivery or pay in installments. In this case you have placed an order and have chosen to pay via 14 days after delivery or pay in installments. This choice does not immediately result in an agreement with the retailer and us that you can pay via pay 14 days after delivery or pay in installments. We explicitly reserve the right to decline your application without giving reasons for doing so. This depends on the result of the review of your data.
1.3 We will pay the merchant on your behalf for the goods or services you purchase and you agree to repay such amounts to us in accordance with these terms and conditions.
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 transactions 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 Note that you must be qualified to use our services. Whether you are qualified 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 merchant's account history, or any other reason and your fulfillment of the following conditions:
- You are living in the UAE and have provided your complete address;
- You are 18 years of age or older;
- You have provided all your information, in order to make use of our services, as necessary for the execution of the agreement and your choice to pay with 14 days after delivery or in installments; and
- You declare that any payment obligations arising from your order will be fulfilled by you to us, entirely and in a timely manner.
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.
2. Applicable Fees
2.1 No additional fees are charged unless stated otherwise.
3. Information provided by you or us and credit checks
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 address or phone number that you provide to us belongs to you. You must notify us promptly when you change your address or any phone number.
3.3 By using the services, you give us permission to investigate your credit record and obtain your credit report in connection with the review of your application for the right to use our services. A credit report may also be requested in connection with an extension or increase of your spending limit, account renewal, account collection action or dispute investigation.
3.4 We store information about your previous purchases and transactions for bookkeeping reasons. By accepting these terms you agree that we may use this data in order for us to display these transactions to you, and by doing so, allow us to use it for this additional purpose.
4. Payment options
4.1 Before completing any transaction on your behalf through the services, we will secure your promise to pay by disclosing the terms and conditions applicable to that transaction (as set forth herein) and securing your affirmative consent to those 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 button indicates that you do accept those associated terms and this Agreement. You also promise to pay us all the amounts of any fees and any other transactions charged to your account.
4.2 PAY LATER: Payment is due within 14 days after placing an order as shown on your account. The payment instructions are available on our website/app and/or billing statement. If the payment term expires, the amount owes is immediately claimable and you shall be in default by operation of law without having to receive any required notice of default. You will incur additional costs and from the date you are in default, we are entitled to charge late fees. We may initiate debt collection procedures and incur (extra- judicial) costs to receive the payment due. These costs will be for your account. We do not offer interest based loans, however, you may incur certain account fees if your payments are not made timely.
INSTALLMENTS: You acknowledge that a down payment may 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 (or first if no down payment is required) payment is due pursuant to the set billing cycle as shown on your account. The payment instructions are available on our website/app and/or billing statement. If the payment term expires, You shall be in default by operation of law without having to receive any required notice of default. We may initiate debt collection procedures and incur (extra-judicial) costs to receive the payment due. These costs will be for your account. We do not offer interest based loans, however, you may incur certain account fees if your payments are not made timely. If you make another purchase with us according before your previous purchase is completely repaid, we will recalculate your balance with us, and set forth new installments of a higher monthly installment amount.
4.3 You may use one of the acceptable methods of payment to make transactions to pay your account as payments become due or to set up automatic scheduled account payments. Any such payment methods must be issued to you and be valid. 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 (however subject to the payment method chosen as set forth under clause 2.1). We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.
4.4 If you are in default, then in addition to our other remedies under these terms and conditions, we may charge late payment fees of 15 dirhams 1 day after missed payment; additional 30 dirhams 14 days after the missed payment; additional 60 dirhams 28 days after the missed payment. 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.
4.5 We may choose to accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under these terms and conditions, including the right to charge prolongation fees as may be notified to you.
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, on the basis of a variety of factors, such as your creditworthiness and payment/ transaction history.
5.2 We may deny any transactions for any reason at our discretion. We are not liable for any refusal to honor a transaction or your account.
5.3 You will be in default of these terms and conditions if you fail to make any required minimum payment due by its due date or you fail to abide by any other term of these terms and conditions. We reserve any rights as provided to us by law or under these terms and agreement.
5.4 By using the services of Tabby, you 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 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, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and shall assume our obligations under this Agreement, to the extent sold, assigned or transferred.
5.6 We are authorized to exercise the same rights against you as the retailer may exercise based on the purchase.
6. Dispute Rights
6.1 Any complaints in relation to the goods purchased are handled by the retailer and you will have no rights towards us. In the event the retailer accepts to perform a refund, we will facilitate this and update your account balance.
6.2 For any complaints against us, the information provided on our website applies. Complaints in relation to us or our services can also 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 at the top.
7. Restricted Use and Intellectual Property Rights
7.1 We are offering you the services to use for your own personal use, and you should be aware that you're not allowed to copy or modify (any part of) the app or website or our trademarks in any way. You may not use the services for business or commercial purposes.
7.2 You agree to comply at all times with any instructions for use of the services which we make from time to time. You're not allowed to reproduce, duplicate, copy, re-sell the services (or any part of it) or attempt to extract the source code of the software applications.
7.3 The app and website and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to us. You shall not in any way use the services or submit anything through the services which in any respect: (i) is in breach of any laws or regulations of any applicable jurisdiction; (ii) is fraudulent, criminal or unlawful; (iii) is inaccurate or out-of-date; (iv) impersonates any other person; or (v) is contrary to any specific rule or requirement that we stipulate on the services. You agree not to access without authority, interfere with, damage or disrupt any part of the services.
7.4 As between you and us, we are the sole and exclusive owner or the licensee of all intellectual property rights in the app, the website, and in the material published on it.
8. Availability and Security
8.1 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@example.com.
8.2 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.
8.3 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 function. 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.
8.4 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's 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 won't work properly or at all.
8.5 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.
9. Data Protection
9.1 We understand and appreciate the trust given by you to handle your personal data. We are fully committed to protect your privacy. In this section, we explain which data we collect in the course of our services, why we collect such data and how we process these. This will ensure that you understand how we operate.
9.2 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.
9.3 We process your personal data for the following purposes: (i) to perform a credit check on you; (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.
9.4 You can always request insight in your personal data 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.
10. Disclaimer of Warranty
10.1 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 the terms and conditions. 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.
10.2 Your use of the services, its content and any services or items obtained through the services is at your own risk and responsibility. we make no representations about the services obtained, the suitability of the information contained therein for any purpose. the services are provided "as is" without warranty or representation of any kind, including – but not limited to - the completeness, security, reliability, quality, accuracy or availability of the software. without limiting the foregoing, we do not represent or warrant that the services or content obtained through the app will be accurate, reliable, error-free or uninterrupted, that the software or the server that makes it available are free of viruses or other harmful components or that the software or any services or items obtained through the software will otherwise meet your needs or expectations. we hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non- infringement and fitness for particular purpose. the foregoing does not affect any warranties which cannot be excluded or limited under applicable laws.
11.1 You agree to indemnify, defend and hold us harmless, its affiliates, and its and their respective officers, directors, employees, agents, representatives, successors, and assigns from any and all claims, debts, losses, liabilities, demands, obligations, costs, expenses (including reasonable attorneys' fees), fines, penalties, actions and causes of action, judgments (collectively, "Losses") and threatened Losses arising from or in connection with your use of the services or violation of these terms and conditions.
12.1 While we endeavour that the services are normally available 24 hours a day, we accept no liability if, for any reason, the services are unavailable or for your (inability to) use thereof. Provision of the services may be suspended temporarily and without notice in the event of system failure, maintenance or repair, or for reasons beyond our control.
12.2 We shall not be liable for any damages arising out of your use of the services, except in the event of wilful misconduct, fraud or gross negligence. We are never liable for consequential damage, business damage, indirect damage, loss of profit or loss of revenue. If we, for whatever reason, are obliged to compensate any damage, the compensation shall never exceed an amount equal to the invoice value of the product or service which caused the damage.
12.3 You hereby release us from all claims, demands, and damages of any kind and nature, direct and indirect, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and the retailer, or between you and other third parties.
13. Term and Termination
13.1 This agreement is concluded for an indefinite period of time. It applies until it 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. We may e may do this at any time and for any reason.
13.3 You may close your account at any time by contacting us at firstname.lastname@example.org.
14.1 The provision of the services and all contracts concluded by us are governed by the laws of the United Arab Emirates.
14.2 These terms and conditions 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.
14.3 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.
14.4 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.
Registration number 96455 Premises No.: HD 09C
Building: In5 Tech
Dubai, United Arab Emirates