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Terms and conditions

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

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

1. The services

Buy Now Pay Later:

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

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

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

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

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

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

b. you are 18 years of age or older;

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

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

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

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

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

Credit Card Instalments:

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

Tabby Cashback:

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

2. Applicable Fees

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

3. Information provided by you

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

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

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

3.4 You agree that Tabby may at any time make inquiries about you and request
any information, including but not limited to a credit score or indicator,
relating to you that Tabby considers appropriate from any financial institution,
credit bureau, or reference agency (including the Al Etihad Credit Bureau) or
any other source that Tabby considers necessary, to assess your eligibility to
use Tabby’s services. You authorize Tabby (and its Affiliates acting on its
behalf) to make such inquiries and obtain such information without the need for
further consent or approval from you or notification to you. 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. We
may also disclose any information aggregated by us or report your repayment
history and credit behavior to any credit bureaus (including Al Etihad Credit
Bureau) or any other agency approved by the UAE Central Bank.

4. Payment options

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

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

4.3 Tabby accepts various funding sources, including debit or credit cards, but
not prepaid cards. We may also not accept a card that’s due to expire in the
near future. If your default card funding source can't be charged for a
purchase, including instalment plans or subscriptions, if applicable, you
authorize Tabby to attempt to charge your other funding sources, registered to
your Tabby User Account.

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

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

Buy Now Pay Later:

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

Credit Card Installments:

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

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

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

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

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

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

4.10 Late Payment. In case of late payment, you are obligated to pay additional
collection fees from the date you are in default. We may initiate debt
collection procedures and incur (extra-judicial) costs to recover the amount
due. These costs will be for your account. We do not offer interest-based loans;
however, you may incur certain collection fees if your payments are not made in
a timely manner. You undertake to pay the following amounts as a result of late
payment: 25 dirhams after the payment date;

an additional 25 dirhams if the amount is outstanding 14 days after the payment
date;

an additional 25 dirhams if the amount is outstanding 28 days after the payment
date.

4.11 Extend Due Date. The Extend Due Date option may be offered at Tabby's sole
discretion when you shop at certain merchants. If you think you will need more
time to make funds available on your payment method before your Due Date, you
may have the option to extend the Due Date by an additional period as determined
by Tabby. You may extend a Due Date only once per order. If you choose to avail
the Extend Due Date service, 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 availing the service and may vary based on Tabby's sole discretion.
Extending a Due Date does not affect or limit your obligations, including your
obligation to make your scheduled payment, under this Agreement.

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

5. Our Rights

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

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

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

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

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

5.6 By using the services of Tabby, you:

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

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

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

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

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

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

6. Tabby Cashback

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.9 After the Credit Date you can either:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7.Referral Program

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

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

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

a. The Referral Progam runs from 20 June 2022 10:00 AM (GMT+4) until 01 January
2024 11:59 PM (GMT+4). We call this the “Promotion Period”.

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

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

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

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

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

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

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

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

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

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

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

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

8. Dispute Rights

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

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

9. Restricted Use and Intellectual Property Rights

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

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

9.3 Without our prior written consent you must not:

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

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

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

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

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

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

10. Availability and Security

10.1 You are responsible for maintaining the secrecy of the login credentials to
your account with us. Please notify us immediately of the loss, theft, or
possible unauthorized use of your account via the Tabby app.

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

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

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

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

11. Data Protection

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

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

11.3 We process your personal data for the following purposes:

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

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

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

(iv) for marketing and business development purposes; and

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

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

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

12. Disclaimer and Liability

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

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

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

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

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

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

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

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

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

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

a. the performance of our website or app;

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

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

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

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

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

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

13. Term and Termination

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

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

13.3 If you change your mind about entering into this Agreement, you can
terminate it anytime without reason. Your notice of cancellation should be sent
to us via e-mail or a call to our customer support. If you owe us any amounts
for transactions when this agreement terminates, you must pay them on or before
the due date. Terminating this Agreement does not automatically terminate any
other service contract that you have entered in connection with this Agreement.

13.4 Please note that terminating this Agreement will not terminate your
purchase agreement(s) with the Merchants. Your rights and obligations in
relation to your agreements with Merchants are governed by those agreements and
the legislation relating to them. The exercise of the revocation right does not
affect any single Transaction, service, and equivalent made using any Tabby
product until the exercise of the revocation.

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

14. Miscellaneous

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

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

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

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

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

Tabby FZ-LLC

Registration number 96455 Premises No.: HD 09C

Floor: 1

Building: In5 Tech

Dubai, United Arab Emirates



Tabby FZ-LLC, In5 Tech, Dubai Internet City
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