Tamara Card Terms
and Conditions
Last updated 1 October 2024
These Tamara Card Terms are split into the following sections:
Section One – Introduction – this sets out the purpose of these Tamara Card Terms and how we (as Tamara) may make amendments to them.
Section Two – Your use of the Tamara Card and Tamara Profile - this sets out the relevant rules and obligations in relation to your use of your Tamara Profile, including with regard to payment and how your Tamara Profile and related Transactions work.
Section Three – General Terms – this section includes a series of obligations between you as Customer and us as Tamara, including (on a non-exhaustive basis) with regard to how we deal with personal data, our liability to you in the event something goes wrong, and the law which governs these Tamara Card Terms.
Section Four - Definitions – this section explains the meanings of important terms used in these Tamara Card Terms.
Section One – Introduction
1. INTRODUCTION
1.1 What these Tamara Card Terms cover. These Tamara Card Terms constitute a legally binding agreement between you (hereafter “you”, “your””) and Tamara ("Tamara", “us”, “we”)), and set out the terms on which we provide you with a Tamara Profile and allow you to make certain interest and fee free Transactions using your Tamara Card at Merchants.
1.2 Your Tamara Profile also allows you to access and use other products and services detailed in these Tamara Card Terms as well as other products we make available through your Tamara Profile, including utilising Split Payments with Eligible Retailers.
1.3 The Tamara Card. The virtual Tamara Card is issued by the Tamara Card Issuing Bank (pursuant to a licence from Mastercard) to Tamara.
1.4 For the avoidance of doubt, these Tamara Card Terms detail how we provide you with interest free credit.
1.5 Accepting these Tamara Card Terms. You will be required to accept and agree to the then current version of these Tamara Card Terms:
a) when you make an Application for a Tamara Profile and Tamara Card; and
b) each time you use the Tamara Card to make a Transaction. Once you have accepted these Tamara Card Terms and we have approved your Transaction (an “Approved Transaction”), a new contract will be formed on the then current version of these Tamara Card Terms in respect of each Approved Transaction.
1.6 Why you should read these Tamara Card Terms. Please read these Tamara Card Terms carefully before you make an Application for a Tamara Profile or make a Transaction using your Tamara Card. These Tamara Card Terms tell you who provides services to you under these Tamara Card Terms, how you can make Transactions using your Tamara Card, how we may change or end these Tamara Card Terms and our agreement with you, what to do if there is a problem and other important information. If you do not understand any part of these Tamara Card Terms or you think that there is a mistake in these Tamara Card Terms, please contact us to discuss.
1.7 Definitions. A list of defined terms that are used in these Tamara Card Terms are set out in Section Four, which explain the meanings of any important words stated in these Tamara Card Terms.
1.8 Conflict. If there is any conflict between the statements that are used in these Tamara Card Terms and the Customer Payment Services Terms and Conditions:
a) if the matter does not relate to the provision of regulated credit, the terms of these Tamara Card Terms will apply in preference to the Customer Payment Services Terms and Conditions; or
b) if the matter relates to the provision of regulated credit to you (by utilising Split Payments), such as credit Transactions that may require you to pay a Transaction Fee, the terms of the Customer Payment Services Terms and Conditions will apply in preference to these Tamara Card Terms.
1.9 FAQs. We have a frequently asked questions section on both our Tamara App and Website that provides explanations about the Tamara Card, how to use it and these Tamara Card Terms. Please view the FAQs by clicking here. The FAQs are for guidance only and are not legally binding.
Section Two – Your use of the Tamara Card and Tamara Profile
2. DURATION OF THE AGREEMENT BETWEEN US
2.1 These Tamara Card Terms and our relationship with you in relation to your Tamara Card and your Tamara Profile has no fixed or minimum duration and will begin on the date that we notify you (by email) to confirm that your Application for a Tamara Profile has been accepted.
3. NO INTEREST OR FEES FOR NON-CREDIT TRANSACTIONS
3.1 You will not be charged either interest or fees for making Pay in Full Transactions at Merchants when you have enabled your Tamara Card.
3.2 You may, however, be charged fees under the Customer Payment Services Terms and Conditions if you wish to make credit Transactions utilising Split Payments with Eligible Retailers or otherwise.
4. MISSING PAYMENTS AND EARLY REPAYMENT
4.1 Missing payments could have severe consequences. For example:
a) it may impair your credit rating and make it more difficult or expensive for you to obtain credit in the future;
b) you may lose the ability to utilise your Tamara Card or utilise any other Tamara Payment Services again; and
c) legal proceedings may be taken against you to recover any amounts you owe.
4.2 You have the right to repay any applicable credit (including any balance owing on your Repayment Plan) early at any time in full or partially. You will not be charged any fees for doing so.
4.3 To repay us early you can simply make an additional payment using our Tamara App or Website.
5. CONTINUOUS PAYMENT AUTHORITY (YOUR LINKED CARD)
5.1 When you complete your Application, we will ask you to provide us with at least one Linked Card you are authorised to use. Your Linked Card allows us to collect payments you owe us under these Tamara Card Terms directly from your chosen Linked Card. We may allow you to register more than one Linked Card with us and if we do: (a) you can select which Linked Card is your preferred option for us collecting payments from you (which will be your Default Linked Card); or (b) if you do not select a default card, we will automatically use the first Linked Card you registered with us (which will be your Default Linked Card).
5.2 We will collect the repayments due, using your Linked Card for every Transaction you make.
5.3 We will collect Pay in Full Transactions at the time you make such Transactions.
5.4 In relation to Split Payments, we will collect the Down Payment at the time you make such Transactions, and the remaining balance in line with the applicable Repayment Plan.
5.5 It is important that you ensure your chosen Linked Card has sufficient funds to make payment as otherwise you may be charged returned payment fees by your card issuer.
5.6 If a payment fails, we will make a further attempt to collect payment, using the Linked Card you have provided the following day.
5.7 If the further attempt to collect payment fails, we will attempt to contact you by email to notify you that the payment has failed, find out why you have not made the payment and to attempt to take payment from you.
5.8 You can cancel the use of your Linked Card at any time either by contacting the bank that issued your Linked Card or by contacting us using the contact details set out below. If you cancel your Linked Card either: (a) you must provide us with another Linked Card; or (b) these Tamara Card Terms and out agreement with you will end and you must repay all amounts you owe us using alternative payment methods via the App or Website or by phoning us.
6. TAMARA CARD AND TAMARA PROFILE FEATURES
6.1 Commercial Offers and Fee Free Transactions. From time to time, we may make various promotional offers available to you from our Eligible Retailers and other entities we have agreements with. Such offers may be subject to additional terms and conditions which we will make available to you.
6.2 No holding of funds by us. Your Tamara Profile includes details which are personal to you but it in no way operates as a bank account or similar function. Other than as set out in clause 6.3 below, Tamara will not hold any funds relating to any Transaction in your Tamara Profile or otherwise. All funds relating to your Transaction(s) (other than any applicable Transaction Fees which are due and owing to us) will be held by a third party who has the appropriate banking licence to hold such funds.
6.3 Cashback. You may be entitled to cashback in relation to certain Transactions. Any such cashback will be handled in accordance with our Customer Payment Services Terms and Conditions – specifically, no cashback will ever be credited to your Tamara Card. Cashback will only ever be credited to your Tamara Wallet or your Linked Card.
7. APPLYING FOR A TAMARA PROFILE AND TAMARA CARD
7.1 Applying. You can Apply for a Tamara Profile using our Tamara App or Website and by following the instructions to Apply. You may only use our services once we have accepted your Application, and we are under no obligation to accept your Application. To Apply for a Tamara Profile, you must: (a) be resident in the Territory; and (b) be eighteen (18) years of age or older. In addition, in order to be eligible to use a Tamara Card, you must have a valid bank card issued in the Territory, that acceptable by Tamara.
7.2 Correcting input errors. Our Application process allows you to check and amend any errors before submitting your Application to us. Please check the Application carefully before confirming it. You are responsible for ensuring that your Application is complete and accurate. You must agree to the terms of these Tamara Card Terms when submitting your Application.
7.3 Accepting your Application. Our acceptance of your Application takes place when we issue you with a Tamara Card, at which point this confirms that we have entered into an agreement with you based on these Tamara Card Terms (and to the extent applicable, our Customer Payment Services Terms and Conditions). We may need to reject or otherwise delay acceptance of your Application in relation to any requirements of a regulator (including any limits on the number of Tamara Cards which may be in circulation).
7.4 Credit and identity checks. Before we accept your Application, we may carry out relevant credit checks with credit reference agencies, and identification verification checks. If the checks are not satisfactory, we may decline your Application or deny your request for a Tamara Card. If we decline your Application or deny your request for a Tamara Card based on information from a credit reference agency, we will inform you of our decision.
7.5 Your right to a copy of these Tamara Card Terms. You have the right, upon request, to obtain a copy of these Tamara Card Terms and your agreement with us.
8. USING THE TAMARA CARD
8.1 The Tamara Card allows you to make credit Split Payment Transactions with Eligible Retailers by following this process:
a) you log on to our Tamara App;
b) you then select the Eligible Retailers you want to shop with, go to their website and select the goods and/or services you want to buy;
c) you then select your preferred Split Payment method (once selected, you will be able to utilise the selected Split Payment method/plan for two (2) hours and only with the Eligible Retailer you have chosen at (b) above. Once the two (2) hours have lapsed, you will need to reselect your preferred Split payment method if you want to proceed);
d) you then make a credit Transaction using your Tamara Card;
8.2 The above credit Transaction will be based on your selected Split Payment method and once completed we will take the relevant Down Payment from your Linked Card.
8.3 You understand that all Split Payment credit Transactions will be subject to our Customer Payment Services Terms and Conditions (which you will also be required to accept as part of your Application) and subject to a Transaction Fee.
8.4 We are the lender under our Customer Payment Services Terms and Conditions in relation to any credit Transactions and we underwrite the credit that is used to fund applicable credit Transactions made using your Tamara Card.
8.5 You will also be able to use your Tamara Card to make fee free Pay in Full Transactions to purchase goods and/or services from all Merchants.
8.6 You will be issued a virtual Tamara Card immediately after your Application has been approved and you can start using it as soon as you receive it subject to these Tamara Card Terms. You can access your Tamara Card details through the Tamara App.
8.7 You may be able to add your Tamara Card to certain e-wallet you hold.
8.8 You may be able to use your Tamara Card for certain Tap To Pay Transactions.
8.9 The Minimum Purchase Amounts are required for credit Transactions.
8.10 By default, any Transaction you make using your Tamara Card will be processed by us as a Pay in Full Transaction, unless you specifically select to utilise Split Payments.
8.11 If you opt to utilise Split Payments, as we have mentioned above, the terms of our Customer Payment Services Terms and Conditions will apply. You understand that there may be circumstances whereby we cannot offer you Split Payments, including where:
a) the applicable Transaction is below the Minimum Purchase Amounts;
b) the applicable Transaction is not eligible for being treated as a Split Payment for any other reason we may notify you of from time to time; and
c) you do not have enough balance in your Linked Card to cover the applicable Down Payment.
8.12 The final Repayment Plan will be based on the applicable Transaction you opted to utilise Split Payments in relation to. The end Repayment Plan may therefore:
a) be different from the example repayment plan we show to you before you complete a Transaction; and
b) be adjusted if you utilise a Split Payment which is lower or higher than the amount you requested originally. You will only be charged for the amount need to cover the applicable Down Payment and any related fees.
8.13 If you opt to complete a Transaction as a Pay in Full Transaction, you will have twenty-four (24) hours to notify us that you would like to utilise Split Payments in relation to such Transaction. Tamara has complete discretion whether it accepts your request, and if approved by Tamara, we will confirm details of the applicable Down Payment and Repayment Plan that will apply to such Transaction.
8.14 Restrictions on making Transactions. We will authorise a Transaction unless:
a) it is a Prohibited Transaction;
b) it is a credit Transaction, or a mixed credit and debit Transaction, and it would result in exceeding your Credit Limit;
c) we are concerned about the security of your Tamara Card and/or Tamara Profile;
d) we suspect your Tamara Profile or Tamara Card is being used for fraudulent or illegal purposes;
e) we suspect it is not you attempting to authorise a Transaction;
f) you have not paid us any money you owed us by the due date;
g) we believe you have broken your agreement with us;
h) when we attempt to debit your Linked Card in relation to a Transaction, your Linked Card issuer declines the Transaction;
i) we are unable to satisfactorily verify your identity; or
j) we need to decline the Transaction in order to comply with applicable law or the requirements of any of our regulators or the Tamara Card Issuing Bank (or any other entity involved in the provision of the Tamara Card to you, including any applicable Payment Service Provider).
8.15 If we decline a Transaction, we will inform you of the reason for doing so as soon as possible after the event, provided we are not prevented from doing so by law.
9. WHAT YOU ARE RESPONSIBLE FOR
9.1 You authorise us to use any continuous payment authority you have provided, as you may update from time to time, to collect the amounts you owe us from your Linked Card under these Tamara Card Terms.
9.2 Late payments. If at any time you think that you will not be able to pay us any applicable sums by the required dates, please contact us as soon as possible. If you are late in paying us at any time, we will attempt to debit the required amount from your on-file Linked Card again within twenty-four (24) hours and will contact you to discuss how your payments can be made.
9.3 You represent and warrant to us that in opening a Tamara Profile with us you are not acting on behalf of, or for the benefit of, anyone else. Further, it is your responsibility to ensure that:
a) the information you provided in your Application is complete and accurate and that you tell us about any changes to your details, including to your debit card details;
b) you co-operate with us in all matters relating to your Tamara Profile, including complying with these Tamara Card Terms, and following any instructions we may provide you about the use of your Tamara Profile;
c) you always keep your Tamara Card and Tamara Profile details safe and secure and do not allow anyone else to use them;
d) you keep any Device that you use your Tamara Profile on (whether through the Tamara App, Website, or e-wallet) safe and secure at all times;
e) you regularly check your Tamara Profile for any unauthorised or unusual activity;
f) you provide us with such information and documents as we may reasonably require to make funds available for a Transaction or in investigating any unauthorised access to or use of your Tamara Profile, or any access to or use of funds in breach of these Tamara Card Terms, and ensure that such information is complete and accurate in all material respects;
g) you comply with all applicable laws, and do not use your Tamara Profile, including making Transactions, for any unlawful, fraudulent, or improper purchases or activity;
h) you do not allow anyone else to access or use your Tamara Profile or funds through your Tamara Profile, or provide anyone else with your Tamara Profile or login details;
i) you do not use any technology to damage, intercept or interfere with the products and services we provide;
j) you do not make any untrue or exaggerated statements on the Tamara App, Website or elsewhere that could damage our reputation;
k) you have sufficient funds in your chosen Linked Card account to make the payments you owe us under this agreement and as a minimum to meet your Balance at any point in time; and
l) you comply with the age and residency requirements in Clause 7.1.
9.4 You are liable for any fees or charges imposed by the bank your Linked Card account is provided by, except to the extent that such fees or charges arise because of our error.
9.5 If you fail to meet any responsibility listed in Clause 9.3, we will be entitled to decline any Transactions you attempt to make until you do meet that responsibility.
9.6 Our right to set off. We may at any time and without notice to you set off any liability you owe to us (such as any overdue repayments in respect of a Transaction) against any liability we owe to you (such as any refunded amount that we receive in respect of another Transaction that would otherwise be owed to you).
10. UNAUTHORISED AND INCORRECTLY EXECUTED TRANSACTIONS
10.1 You must contact us immediately if:
a) you identify an unauthorised Transaction on your Tamara Profile;
b) your Tamara Card, Tamara Profile username or password are lost, stolen or compromised;
c) any Device you use to access your Tamara Profile or use the Tamara Card is lost, stolen, or compromised, by using the chat button that is displayed in the Tamara App or Website when you view Transactions on your Tamara Profile.
10.2 If you identify any Transaction which you think has not been executed correctly (e.g., incorrect amount or duplicated Transaction) you should contact us using our contact details in Clause 15, and in any event within fourteen (14) of the date of the Transaction.
10.3 You will not be liable to us for unauthorised use of your Tamara Card after you have notified us as detailed in Clause 10.1. You will not be liable for unauthorised use of the Tamara Card prior to notification unless we can prove that:
a) you made the Transaction;
b) you have acted with gross negligence, or intent, and failed to keep your Tamara Profile and Tamara Card details safe; or
c) you gave someone else your Tamara Card details required to make a Transaction, in which case you will be liable to us for the full amount of any Transactions and any applicable associated Transaction Fees incurred as a result.
10.4 You may not be responsible for a Transaction if we have carried it out without complying with these Tamara Card Terms (and Customer Payment Services Terms and Conditions, as applicable) and our obligations under the laws that apply to the execution of such Transactions.
10.5 If you are not responsible for a Transaction, we will refund it to your Linked Card unless you have acted fraudulently or with gross negligence.
11. REFUNDS AND DISPUTES
11.1 Merchants. If you have a dispute with a Merchant (who is not an Eligible Retailer) in respect of a Transaction, or the goods and/or services you purchased, you should contact the Merchant directly in the first instance and attempt to resolve the issue. If you are unable to resolve any dispute with a Merchant, please reach out to us at support@tamara.co and we will do our best to support you.
11.2 If you request a refund, it will be your responsibility to arrange the return directly with the Merchant, in accordance with the Merchant’s lawful requirements, their returns policy, and all other applicable laws.
11.3 Once we have received a refund from the Merchant, we will in turn reflect this on your Tamara Profile and issue you with a refund to your Linked Card with which you have registered with us within thirty (30) days.
11.4 If a Merchant issues store credit or any other form of credit or refund instead of a monetary refund to the Tamara Card, we will not be able to collect the refund. In such circumstances, you shall repay to us all remaining or outstanding amounts.
11.5 Any refund to the Tamara Card will be used to repay any amounts you owe us. Any amount that remains after that will be credited to your Linked Card which you have registered with us within thirty (30) days.
11.6 Eligible Retailers. If you decide to return goods to an Eligible Retailer that were purchased utilising Split Payments using the Tamara Card, the terms relating to refunds and disputes under our then current Customer Payment Services Terms and Conditions shall apply.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. This means that if we fail to comply with these Tamara Card Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking these Tamara Card Terms, or us failing to use reasonable care and skill. It is important you understand that we will only be liable to you for the foreseeable losses mentioned above up to the value of the transaction which is the subject of your loss.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
12.3 We are not responsible to you for losses you suffer because of:
a) A Merchant, or their Payment Service Provider, not accepting the Tamara Card;
b) unforeseeable events outside of our control, including the acts of third parties;
c) actions we are obliged to take due to a legal requirement and/or by a regulator; or
d) any delays, failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and you acknowledge that the services we provide (including providing you with credit) may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
13. CLOSING AND SUSPENDING YOUR TAMARA PROFILE & TERMINATION OF THESE TAMARA CARD TERMS
13.1 These Tamara Card Terms, and your Tamara Profile, will continue until terminated by you or us in accordance with this Clause 13 or under the applicable Customer Payment Services Terms and Conditions.
13.2 You or we may terminate these Tamara Card Terms at any time by giving notice to the other. We will be required to give you at least two (2) months’ notice in writing (unless law compels us otherwise) but you may do so immediately via the Tamara App or Website or contacting us using the details in Clause 15.
13.3 If you or we notify the other that they wish to terminate these Tamara Card Terms, you must repay all amounts you owe us in full in accordance with the repayment instalment plan listed in your Tamara Profile.
13.4 We may suspend or close your Tamara Profile or decline Transactions. We reserve the right to suspend, restrict or terminate your Tamara Profile and these Tamara Card Terms, or decline any Transactions, for any of the following reasons: (a) you materially breach the provisions of these Tamara Card Terms; (b) your use of your Tamara Profile, or any Transaction you attempt, would breach the restrictions in these Tamara Card Terms; (c) your continuous payment authority fails when we attempt to debit your nominated Linked Card; (d) we become aware of any suspicious or high-risk activity connected with your Tamara Profile, a Merchant, or a particular Transaction or series of Transactions; (e) we are concerned about the security of your Tamara Profile or access to it; (f) we discover that any information you have provided to us is false or incorrect; (g) you attempt to execute one or more Prohibited Transactions; (h) you are engaged in fraudulent, money laundering, terrorism financing or illegal activity or we reasonably suspect the same; (i) you break an important term of these Tamara Card Terms or repeatedly break any term in these Tamara Card Terms and fail to resolve the matter in a timely manner after we have asked you to; (j) you are abusive towards us or any of our employees or agents; (k) your Tamara Profile has been inactive for a period of at least six (6) months and you have repaid us in full; or (l) we reasonably believe that there is a need to do so to comply with any law.
13.5 These Tamara Card Terms will continue to apply to existing Transactions. If these Tamara Card Terms are terminated for any reason, the terms of these Tamara Card Terms will continue to apply to any credit Transactions applied to your Tamara Profile until all amounts owing to us are received in full.
Section Three – General Terms
14. CHANGES TO THESE TAMARA CARD TERMS
14.1 You must let us know promptly if any of your contact details change including, but not limited to, your address, phone number (mobile and landline) and email address. Please also let us know if your name changes (e.g., due to marriage, or any other legally recognised name changes) or if your circumstances change to the extent that it may impact your ability to repay the amounts you owe us under these Tamara Card Terms. You must inform us of such changes by using the “chat” function on our Tamara App or Website, writing to us at support@tamara.co.
14.2 We may change these Tamara Card Terms at any time by giving you thirty (30) days’ prior notice in writing for any of the following reasons:
a) to comply with anticipated legal, financial, or regulatory changes;
b) to make changes in the way we provide services to reflect changes in the financial system, technology, or systems we use;
c) to reflect alterations in the nature and extent of the service which we are able to provide to you having regard to our systems capabilities and to market practice and to the level of customer demand;
d) to ensure that your Tamara Profile and use of your Tamara Card is appropriate for your risk profile if your risk profile changes meaning that there is an increased risk that you may not be able to repay the money you owe us;
e) to respond to actual or expected changes to our costs in providing the Tamara Profile or Tamara Card;
f) to ensure that our business is run prudently;
g) to reflect any corporate change which affects us; or
h) to rectify errors, inconsistencies, ambiguities, or omissions in these Tamara Card Terms.
14.3 If the change is not to your disadvantage, we may make the change immediately and notify you of the change within thirty (30) days of doing so.
14.4 If you object to the changes you can notify us that you do not wish to accept the changes and that you wish to end these Tamara Card Terms and the agreement between you and us in accordance with Clause 13. This will mean that our agreement with you will end, and you will have to repay us all amounts you owe in line with the repayment instalment plan linked to all applicable Transactions on your Tamara Profile.
15. CONTACTING
15.1 How to contact us. You can contact our customer service team online, via the Tamara App or Website, or write to us at support@tamara.co.
15.2 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided in your Application.
15.3 “Writing” includes emails. When we use the words “writing” or “written” in these Tamara Card Terms, this includes emails.
16. IF YOU BREACH THESE TAMARA CARD TERMS
16.1 In the event of any breach by you of these Tamara Card Terms, we may, in circumstances where you fail to comply or to procure compliance with the terms of a notice served by us on you, require repayment in full of all amounts owed to us by you. We may also add to the Balance any costs or expenses we incur in enforcing our rights under these Tamara Card Terms which may include engaging with and passing your details to third parties to assist in collecting any overdue repayments.
17. COMPLAINTS AND REPORTING PROBLEMS
17.1 If you have any questions or complaints about the services provided to you under these Tamara Card Terms, whether it relates to credit or Payment Services, please write to us at support@tamara.co. If we do not resolve your complaint to your satisfaction and it relates to the provision of Payment Services, you may be able to refer it to the competent regulatory authority.
18. DATA PROTECTION
18.1 How we may use your personal information. We will only use your personal information as set out in these Tamara Card Terms and our Privacy Policy which can be found on our Website.
19. OTHER LEGAL INFORMATION
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Tamara Card Terms to another entity. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Tamara Card Terms.
19.2 You may not transfer your rights to someone else. Our services are made available to you personally and you may not transfer your rights or your obligations under these Tamara Card Terms to another person without our written consent.
19.3 Nobody else has any rights under this agreement. these Tamara Card Terms are between us and you. No other person shall have any rights to enforce any of its terms.
19.4 These Tamara Card Terms do not affect your statutory rights, including any rights that you may have in relation to defective goods, digital content, or services.
19.5 We will not be liable for our obligations under these Tamara Card Terms if we are prevented from carrying them out due to factors beyond our control including, but not limited to: (a) acts of God, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) collapse of buildings, fire, explosion or accident; (f) a banking system failure; or (g) interruption or failure of utility service.
19.6 If a court finds part of these Tamara Card Terms illegal, the rest will continue in force. Each of the Clauses of these Tamara Card Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
19.7 Even if we delay in enforcing these Tamara Card Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Tamara Card Terms, or if we delay in taking steps against you in respect of your breaking these Tamara Card Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.
19.8 Language. These Tamara Card Terms, and all communications relating to it, shall be in English and in Arabic. To the extent of any inconsistency, the Arabic version shall take priority.
19.9 Which laws apply to these Tamara Card Terms and where you may bring legal proceedings. The rights and obligations of you and us stipulated in these Tamara Card Terms shall be governed by and interpreted in accordance with the provisions of the laws of the Territory. By agreeing to these Tamara Card Terms, you undertake to submit unconditionally to the exclusive jurisdiction of the courts of the Territory for any legal proceedings arising out of or in connection with these Tamara Card Terms, the legal relationships established by them, or the various subject matters hereof. The parties hereto hereby waive and agree not to assert (by way of motion, as a defence, or otherwise) that any such proceeding is brought in an inconvenient forum or that the venue thereof is improper.
Section Four – Definitions
20. DEFINITIONS
20.1 The following definitions apply in these Tamara Card Terms:
Application: means the process by which you apply for a Tamara Profile with us as detailed in Clause 7. Apply and Applying shall be interpreted accordingly.
Approved Transaction: has the meaning given to it in Clause 1.5(b).
Balance: means the total amount of credit Transactions on your Tamara Profile at any time that you owe us less any repayments received from you with respect to such Transactions.
Clause: means a clause of these Tamara Card Terms.
Credit Limit: means your credit limit as may be set out on the Tamara App or Website linked to your Tamara Profile or as may be otherwise communicated by us to you from time to time, and which may be subject to change during the lifetime of these Tamara Card Terms.
Credits: means a monetary value that you can ‘cash out’ to the Linked Card that we have on file for you or put towards the cost of a future Transaction.
Customer Payment Services Terms and Conditions: means the terms relating to your use of the Tamara Payment Services which are available on our Website.
Default Linked Card: means: (a) if you have provided us with just one Linked Card, the debit card you have registered for that Linked Card; (b) if you have provided us with more than one Linked Card, the debit card you have selected as your preferred option for the Linked Card; or (c) if you do not select a preferred Linked Card, it will be the first debit card you provided to us as your continuous payment authority.
Device: means your mobile phone, tablet, smart watch, or other mobile smart device that you use to access and use the Tamara App and Website.
Down Payment: means the initial sum of money to be paid by you to us at the time of a Transaction, to arrange the Split Payment, wherein the remaining Split Payment balance shall be paid by you in accordance with the agreed-upon Repayment Plan.
Eligible Retailer: means a Merchant with whom you are able to utilise the Split Payments offering in relation to a Transaction.
e-wallet: means an electronic money wallet provided to you by a third party that allows the holder to make use of the Tamara Card to purchase goods or services from Merchants.
Linked Card: means the debit card(s) issued by a third party you have registered with us as your continuous payment authority.
Merchant: means a retailer that sells goods or services, and which accept MasterCard as a payment method.
Minimum Purchase Amounts: means the smallest spending required in relation to each Transaction, as we may notify you of from time to time, and which may be subject to change during the lifetime of these Tamara Card Terms.
Pay In Full: means a specific payment method provided by Tamara which permits you to pay for applicable goods or services in full (rather than on a Split Payment basis), as amended by Tamara from time to time, and which forms part of the potential Tamara Payment Services, as applicable.
Payment Service Provider: means an entity which carries out regulated Payment Services, including, but not limited to, ASPSPs (such as banks, credit card providers, payment institutions and electronic money issuers), AISPs, PISPs, and ASPSPs.
Payment Services: means payment services as defined in applicable law issued from time to time.
Prohibited Transaction means: (a) a Transaction for the purchase of alcohol, gambling, gaming, adult products and content, vouchers, gift cards, foreign currency, virtual currency, coins or precious metals; (b) a Transaction where you do not know the exact amount of the payment at the time you authorise it; (c) a Transaction to repay any credit (such as a finance or credit card) you have with another financial institution; (d) a purchase requiring you to authorise a Recurring Transaction, or (e) any other Transaction which Tamara notifies you as being prohibited from time to time.
Recurring Transaction: means a Transaction which requires a person to provide authorisation for a Merchant (so, not Tamara) to take regular or repeat payments from their payment card or account.
Repayment Plan: means the agreed-upon schedule outlining the specific dates and amounts for your instalment payments in relation to any Split Payment Transaction. The Repayment Plan will detail the structured timeline for you to fulfil the outstanding balance incurred through your use of each Split Payment arrangement.
Split Payments: means a specific payment method provided by Tamara as lending which permits you to pay for applicable goods or services on a buy-now-pay-later basis (split in 2, split in 3 or split in 4), as amended by Tamara from time to time, and which forms part of the potential Tamara Payment Services, as applicable.
Tamara App: means the Tamara application available on Apple and Android platforms.
Tamara Card Issuing Bank: means Network International.
Tap To Pay: means a Transaction where a Tamara Card is used at a Merchant either in store or online via contactless payment and includes where the Tamara Card has been downloaded into an e-wallet.
Transaction: means a transaction you make using your Tamara Card to pay for the purchase of goods or services from a Merchant as well as any refunds or adjustments that may be applied to your Tamara Profile. Transactions may be completed on a Pay in Full or Split Payment basis depending on your selection at checkout.
Tamara: means Tamara FZE company.
Tamara Profile: means the user account we will create for you if we accept your Application and enter into an agreement with you. Your Tamara Profile can be accessed via the Tamara App and can be used to access your Tamara Card, which we will permit you to use in order for you to purchase products and services from Merchants (including on deferred payment terms, as applicable). Your Tamara Profile may also be used to access other products and services we may provide from time to time.
Tamara Card: means the virtual MasterCard Tamara payment card that is issued to Tamara by the Tamara Card Issuing Bank, which we authorise you to use, for the purpose of payment for the goods and services you wish to purchase using your Tamara Profile.
Tamara Payment Services: means the Payment Services provided by Tamara, as updated from time to time, that you select to use at any other point of sale with a Merchant under which you choose to purchase goods or services from the Merchant (including, without limitation, Pay In Full or any Split Payment service).
Tamara Wallet: means a dashboard in your Tamara Profile that shows your Credits and other incentives.
Transaction Fees: means the fees payable by you in relation to any Split Payment Transaction, as notified by us from time to time.
Territory: means the country from which Tamara provides its Tamara Card and its related services to you pursuant to these Tamara Card Terms.
Website: means our website: https://tamara.co.
