Tamara’s Buyer Protection Program Terms

1. General

1.1 In these Tamara’s Buyer Protection Program Terms (for Merchants) (“BPP Terms”), unless otherwise defined in these BPP Terms, expressions defined in the Merchant Terms and used herein shall have the meaning set out in the Merchant Terms. If there is an inconsistency or conflict between any of the provisions in these BPP Terms and the Merchant Terms, the provisions in the Merchant Terms shall prevail.

1.2 Capitalized terms which are not defined in the Merchant Terms are set out in clause ‎6 below.

2. Buyer Protection Program

2.1 The Merchant acknowledges and agrees that by enabling the Customers to utilise the Tamara Payment Services that such Customers may be able to benefit from the Buyer Protection Program and that the Merchant shall be bound by the conditions of this clause (‎2) in relation to such Buyer Protection Program.

2.2 The Buyer Protection Program shall only apply where a Customer has utilised a Tamara Payment Service, and does not extend to transactions whereby a Customer has simply utilised a Tamara Card, unless stated otherwise by Tamara.

2.3 The Merchant acknowledges and agrees that:

a. Pursuant to the Customer Terms and Conditions and this Agreement, a Customer may wish to raise a Dispute in relation to the Merchant (and any goods or services such Customer purchased from the Merchant) and may also be able to benefit from the Buyer Protection Program when, without limitation, the Customer encounters an Item Not Received, or an item Significantly Not as Described.

b. Tamara shall determine, in its sole and absolute discretion, whether a Customer’s claim and associated Dispute is eligible for the Buyer Protection Program. Tamara’s original determination in relation to such claim/Dispute is considered final, but the Customer may be able to file an appeal of the decision with Tamara if they have new or compelling information not available at the time of the original determination or they believe there was an error in the decision-making process.

c. In the event a Customer launches a successful appeal under clause 2.3(‎b) above, such appeal will be classed as a new “Dispute” for the purposes of the Buyer Protection Program.

3. Dispute Process under the Buyer Protection Program

3.1 The Merchant acknowledges and agrees that:

a. in the event of a Dispute or Chargeback, Tamara’s determination as to who was at fault will be final and binding; and

b. any applicable Refunds or other credit activity relating to all Requested Transactions and Approved Transaction shall be managed by Tamara and the Merchant shall not refund or otherwise credit any amount related to a Requested Transaction and/or Approved Transaction directly to any Customer unless specifically requested to do so in advance and in writing by Tamara.

3.2 If Tamara elects under clause 3.1 to engage in any Dispute or Chargeback (as applicable), Tamara shall use reasonable endeavours to liaise with the Merchant Authorised Representative and applicable Customer in order to assist in resolving the applicable Dispute(s) or Chargeback(s).

3.3 Tamara shall notify the Merchant of any applicable Disputes that have been raised by Customers in relation to the Merchant whereby the Merchant is required to provide information in relation to such Dispute(s) and whereby such Customer may be eligible for the Buyer Protection Program.

3.4 Subject always to clause 3.5 and 3.6 below (and in addition to the Merchant obligations in the Merchant Terms), the Merchant shall respond to such Dispute notifications raised under the Buyer Protection Program within three (3) Business Days of the Merchant being notified of the Dispute by Tamara. Tamara shall use reasonable endeavours to ensure that a full and final determination of the Dispute is reached within ten (10) Business Days from the date of the Merchant first being notified.

3.5 When responding to Tamara under clause 3.4, the Merchant shall either:

a. accept that they are responsible for the applicable Dispute(s). In these instances, Tamara shall automatically determine the result of such applicable Dispute(s) in favour of the applicable Customer(s) as part of the Buyer Protection Program; or

b. reject that they are responsible for the applicable Dispute(s) and provide Tamara with sufficient evidence to support this.

3.6 In the event that the Merchant does not respond to a Dispute Request within three (3) Business Days, Tamara shall have no obligation to consider any further information shared by the Merchant and Tamara shall be entitled to determine unilaterally in accordance with clause 3.5(a) above. The Merchant acknowledges and agrees that this may result in Tamara determining the result of such applicable Dispute(s) in favour of the applicable Customer(s) as part of the Buyer Protection Program.

3.7 Subject to clause 3.8, Tamara reserves the right to charge invoice to the Merchant the Dispute Fee(s) once a full and final determination is reached by Tamara for each applicable Dispute(s) found in favour of the Customer as part of the Buyer Protection Program. In the event Tamara does not exercise its right to set-off under clause 3.10 and instead elects to raise an invoice, the Merchant shall pay Tamara such Dispute Fees within thirty (30) days of receipt of any invoice.

3.8 Tamara will not charge and invoice the Merchant a Dispute Fee in relation to any Dispute which:

a. the Merchant accepts in accordance with clause 3.5(a);

b. is withdrawn by a Customer within the applicable time period notified by Tamara to the Merchant from time to time;

c. the Customer is held to be at fault or responsible for the applicable Dispute(s) (with a determination of the claim made in favour of the Merchant); or

d. relates to any of the scenarios under clause 5.1;

3.9 Tamara shall, in its sole and absolute discretion, determine the applicable currency conversion rates which are applied when calculating the relevant Dispute Fee(s) under the Buyer Protection Program.

3.10 In addition to any rights it has under this Agreement, and to the extent permitted under law, Tamara shall be entitled to withhold or otherwise set off any amounts due and owing to the Merchant in relation to any applicable Dispute and/or any applicable Dispute Fee.

3.11 If a Merchant exceeds the Dispute Fee Threshold for Disputes raised under the Buyer Protection Program:

a. the Merchant shall be granted a period of thirty (30) days in which to settle all outstanding Dispute related fees (including any Dispute Fees) and payments to Tamara (excluding any Disputes that have not yet been determined by Tamara under the procedure above); and

b. following the period at 3.11(a) above, in addition to any other rights it may have under this Agreement, Tamara shall be entitled to suspend Merchant’s use of the applicable Tamara Payment Service via its Order Handling System and any new orders made by Customers until full and final settlement of the Dispute Fees are received by Tamara and any outstanding Dispute(s) are resolved.

3.12 The Dispute Fee shall only apply to any Dispute(s) arising under the Buyer Protection Program.

4. Consequences of a Dispute Decision

4.1 A Buyer Protection Program Dispute will only be considered fully resolved if:

a. the applicable Refund of the Purchase Price relating to the relevant Dispute(s) to a Customer is processed through Tamara; or

b. the applicable Customer provides evidence acceptable to Tamara, in its sole and absolute discretion, that the Customer agreed to an alternative resolution provided by the Merchant.

4.2 If the Dispute is related to an item which was Significantly Not As Described, the Merchant has the discretion to decide whether the Customer is required to return the applicable item(s) in accordance with the Merchant’s return and exchange policy. Tamara shall not be responsible in any way for any shipping or other costs in relation to such return.

4.3 The Merchant acknowledges and agrees that:

a. Tamara shall not Remit any payment to the Merchant in relation to any Dispute under the Buyer Protection Program whereby the result of such Dispute has been determined in favour of the applicable Customer;

b. whereby the result of a Dispute has been determined in favour of the applicable Customer, Tamara shall be entitled to settle any amounts owing to such Customer utilising any funds which Tamara has not yet Remitted to the Merchant; and

c. in the event Tamara has already Remitted any payment to the Merchant in relation to any Dispute under the Buyer Protection Program whereby the result of such Dispute has been determined in favour of the applicable Customer, subject to clause 3.10, Tamara reserves the right to invoice the Merchant such Remittance amount as part of the Buyer Protection Program. In the event Tamara does not exercise its right to set-off under clause 3.10 and instead elects to raise an invoice, the Merchant shall pay Tamara within thirty (30) days of receipt of any such invoice.

5. Reasons why Tamara may reject a Dispute under the Buyer Protection Program

5.1 Tamara shall be entitled to, without limitation, reject a Dispute brought by a Customer (and find in favour of the Merchant, if applicable) if:

a. the Customer does not respond to Tamara or the Merchant (as applicable) in a timely manner or fails to provide Tamara with evidence it requires in order to make its determination;

b. the Customer pursues a Chargeback. In such instances, it will be the applicable Card Issuer or Card Scheme, not Tamara, that shall determine whether a Customer is successful when they pursue such Chargeback;

c. the applicable Requested Transaction was unauthorised by Tamara;

d. the Merchant is able to provide to Tamara:

• evidence that confirms the Customer collected the applicable product in person, or arranged for it to be collected on their behalf; or

• valid Proof of Shipment and/or Proof of Delivery in relation to the applicable Dispute(s).

e. the Dispute involves any of the following items or transactions:

• real estate, including residential property;

• vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats, except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hoverboards;

• businesses (buying or investing in a business);

• industrial machinery used in manufacturing;

• payments equivalent to cash, including stored value items such as gift cards and pre-paid cards;

• payments made in respect of gold (whether in physical form or in exchange-traded form);

• financial products or investments of any kind;

• art, media, antiques, or collectibles, in physical or digital form, as represented by a Non-Fungible Token (NFT), with a transaction amount of more than $10,000 USD or equivalent value in local currency as calculated at the time of the applicable transaction;

• gambling, gaming, and/or any other activities with an entry fee and a prize;

• donations, including payments received as crowdfunding or crowdlending, or related to any other investment related activity;

• payments to a state-run body (except for state-owned enterprises), a government agency, or to third-party collecting payment on behalf of a state-run body or government agency;

• Significantly Not as Described claim for wholly or partly custom-made or personalised items;

• payments made in a personal capacity (e.g. to friends and family);

• payments not processed through the Tamara Account;

• items sent after Tamara advised the Merchant not to release the item;

• travel tickets sold by a travel carrier where (1) the Customer claims (either with Tamara or their financial institution) that it was a Transaction unauthorized by Tamara, and (2) such claim was filed more than twenty-four (24) hours before the travel date; or

• any illegal goods or services.

6. Definitions

6.1 In clause (6), the following words have the following meanings:

Buyer Protection Program: means the scheme that, following a successful claim by a Customer, entitles such Customer to a full rebate equal to the Purchase Price for each applicable disputed Approved Transaction under such scheme and may or may not entitle Tamara to payment of a Dispute Fee.

Customer Terms and Conditions: means the terms and conditions between Tamara and its Customers in relation to the Tamara Payment Services from time to time.

Dispute Fee: means:

Dispute Fee Threshold: means a percentage of the amount of all Approved Transactions in the previous month as determined by Tamara and communicated to the Merchant from time to time.

Item Not Received: means when a Customer placed an order for particular goods or services from the Merchant via their Tamara Account, and the applicable Customer did not receive their goods or services following successful payment.

Merchant Terms: means the terms and conditions which apply to the Agreement between Tamara and the Merchant as included on the Merchant Portal from time to time.

Proof of Shipment: means evidential information provided by the Merchant that includes the following:

a. an online and verifiable tracking number;

b. date of shipment;

c. an address for the recipient that matches the shipping address on the Approved Transaction details page; and

d. an address for the recipient showing at least the city/country or postal code.

Proof of Delivery: means evidential information provided by the Merchant that includes the following:

a. an online and verifiable tracking number;

b. date of delivery and ‘delivered status’;

c. an address for the recipient that matches the shipping address on the Approved Transaction details page;

d. an address for the recipient showing at least the city/country or postal code; and

e. where applicable, signature confirmation when the full amount of the payment (including shipping and taxes) exceeds the amount (based on the currency of the payment) listed in the signature confirmation threshold table. Signature confirmation is online documentation, viewable at the applicable shipping company’s website, indicating that the applicable item was signed for.

Significantly Not As Described: means when a Customer placed an order for particular goods or services from the Merchant via their Tamara Account and:

a. the goods or services are materially different from the Merchant’s description of such goods or services;

b. the Customer received different goods or services to those described;

c. the condition or quality of the goods or services was misrepresented. For example, the goods were described as “new” but the goods were used;

d. the goods were advertised as authentic but is not authentic (i.e. counterfeit);

e. the goods are missing major parts or features and those facts were not disclosed in the description of the goods when the Customer bought it;

f. the Customer purchased a certain number of goods but didn’t receive them all;

g. the goods were damaged during shipment; or

h. the goods were unusable in its received state and was not disclosed as such.

Tamara Account: means the account created by a Customer to use the Tamara Payment Services, whose use and operation are subject to the Customer Terms and Conditions.

Tamara Card: means a debit, credit or other card which Tamara may provide to its Customers under separate terms and conditions and which does not form part of the Tamara Payment Services for the purposes of the Agreement.