1.1 This Agreement is in effect between you and Tamara in relation to all aspects of the Tamara Payment Services.
1.2 The Merchant from whom you purchase goods or services using the Tamara Payment Services is not a party to this Agreement. Any terms effective between you and the Merchant are separate from the terms of this Agreement.
2.1 References to “you” or “your(s)” or other similar pronouns in this Agreement are references to the relevant Customer indicated in the Identifying Information (as defined below) required to be provided prior to using the Tamara Payment Services (as defined below).
2.2 References to “we” or “us” or “our” or other similar pronouns in this Agreement are references to Tamara and its affiliated entities and persons.
2.3 The following terms shall have the following meanings ascribed to them in this Agreement:
“Purchase Request” means a transaction submitted by a Customer through the Merchant’s website or other point of sale to use the Tamara Payment Services;
“Approved Transaction” means a Purchase Request that has been approved by Tamara;
“Checkout Process” means the process that a Customer undergoes when selecting to use the Tamara Payment Services in relation to a particular Purchase Request;
”Chargeback” means an amount paid by the Customer to the Merchant in respect of an Approved Transaction that is thereafter returned to a Customer following a Dispute;
“Customer” means a Merchant or Merchant Platform’s customer that establishes a Tamara Account;
“Dispute” means any refund request, deduction, setoff, claim, or counterclaim of any kind by a Customer against the Merchant relating to goods or services that gave rise to an Approved Transaction;
“Identifying Information” means the information required to be submitted by a Customer to Tamara in order to establish a Tamara Account as collected by Tamara, a Merchant or a Merchant Platform for purposes of providing the Tamara Payment Services to Customers;
“Merchant” means a business that offers the Tamara Payment Services to its Customers pursuant to an agreement between it and Tamara and/or Tamara and a Merchant Platform;
“Merchant Platform” means a facility, including but not limited to websites, that allow multiple Merchants to offer their goods and services to Customers through a single platform;
”Net Amount” means the total amount to be paid by a Customer [including any VAT and shipping] in respect of a Purchase Request giving rise to an Approved Transaction less (i) all returns; and (ii) any discounts, credits, or allowances claimed by a Customer and approved by the relevant Merchant;
“Paragraph” means a paragraph of this Agreement;
“Purchase Request” means a request you to purchase goods or services from the Merchant using the Tamara Payment Service;
“Tamara Account” means the account established by a Customer to use the Tamara Payment Services the use and operation of which will be governed by the terms of this Agreement;
“Tamara Payment Service” means the service selected by a Customer on the Merchant or Merchant Platform’s website or at any other Merchant or Merchant Platform point of sale pursuant to which the Customer selects to purchase goods or services from the Merchant or Merchant Platform using the Tamara services that are subject of this Agreement; and
“Transaction Information” means all information related to a Purchase Request.
3.1 Tamara offers you the ability to request the use of the Tamara Payment Services when you select to pay for goods or services using the Tamara Payment Services payment option on the relevant Merchant or Merchant Platform website.
3.2 The Tamara Payment Services will allow you to purchase goods or services from a Merchant or Merchant Platform and pay at a later time on the basis of the repayment terms selected during the Checkout Process. Such repayment terms may include late fees as specified in the Checkout Process. By entering into this Agreement, you agree and acknowledge that you have understood and accepted all fees, including all late fees, associated with your Purchase Request as specified during the Checkout Process.
3.3 Once you select the Tamara Payment Service at the Merchant’s point of sale during the Checkout Process, you will be requested to select from a range of repayment terms that will become effective and binding as between you and Tamara in respect of that Purchase Request.
3.4 You will be required to establish a Tamara Account in accordance with Paragraph 4 of this Agreement in order to be eligible to use the Tamara Payment Services.
3.5 You shall be responsible for providing your full and accurate Identifying Information when establishing a Tamara Account and to update such information on a continuous basis when required in accordance with the terms of this Agreement.
3.6 By entering into this Agreement, you hereby agree to:
(a) provide accurate, current and complete Identifying Information and any other information relating to you and to no other person;
(b) maintain the confidentiality of all information related to your Tamara Account, including your username and password;
(c) accept financial and legal responsibility for all activities that occur with your permission with respect to your Tamara Account;
(d) maintain and promptly update your Identifying Information at all times;
(e) provide Tamara with any additional information requested; and
(f) promptly notify Tamara of any changes to your Identifying Information or any other information or circumstances that could affect your eligibility to continue to use the Tamara Payment Services or that are otherwise required in accordance with the terms of this Agreement.
3.7 Purchase Request. In respect of each Purchase Request, Tamara will process the Transaction Information and decide as to whether or not it will accept or reject the relevant Purchase Request. Tamara reserves the right to reject a Purchase Request even after an initial acceptance prior to the completion of an Approved Transaction. The decision to accept or reject a Purchase Request will be made by Tamara at its sole and absolute discretion. Tamara reserves the absolute right to reject any Purchase Request with or without reason at its sole discretion. This includes, for the avoidance of doubt, Purchase Requests submitted even after other Purchase Request have been accepted in relation to your Tamara Account. Tamara will debit the due amount on the due date.
4.1 Tamara Account. In order to use the Tamara Payment Services you will be required to establish a Tamara Account. This Agreement governs the terms of your use of the Tamara Payment Services and your Tamara Account.
4.2 Accuracy of your information. In consideration of your use of the Tamara Payment Services, you hereby agree to that all information, including your Identifying Information that you provide to Tamara is accurate, current and complete.
4.3 Password confidentiality. You hereby agree to maintain the confidentiality and security of your password and agree to accept responsibility for all activities that occur with your permission in relation to your Tamara Account.
4.4 Lost or stolen passwords. If your password is lost or stolen, or if you believe there has been unauthorized access to your Tamara Account you are required to notify us immediately and change your Tamara Account password as soon as possible.
4.5 Identifying Information. You hereby agree to maintain and promptly update all of your Identifying Information and any other information you provide to Tamara, to keep such information accurate, current and complete and to promptly notify Tamara regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Tamara Payment Services or the terms on which you use the Tamara Payment Services.
4.6 Closing your Tamara Account. You may request to close your Tamara Account at any time by following the instructions on the Tamara website if you do not have any amounts outstanding to Tamara in relation to the Tamara Payment Services. You will remain liable for all obligations related to your Tamara Account even after it has been closed. Individuals may withdraw their consent to process their Personal Data at any time, subject to contractual and legal restrictions and reasonable written notice.
5.1 Tamara will retain all Identifying Information as well as any other information you provide to Tamara in accordance with applicable law in the Kingdom of Saudi Arabia.
5.2 You hereby agree to provide any information, including Identifying Information or documentation reasonably requested by Tamara to verify your identity in connection with your Tamara Account or any use of the Tamara Payment Services, and you authorize us to make, directly or through third parties, any inquiries we consider necessary to verify your identity. Tamara reserves the right to close your Tamara Account or suspend or limit your access to the Tamara Payment Services in the event we are unable to obtain or verify any of this information to our satisfaction.
5.3 Tamara will not share your Identifying Information or any other information you provide to Tamara with any third-party unless necessary to provide you with the Tamara Payment Services. You hereby agree and consent to the sharing of your Identifying Information and any other information you provide to Tamara for this purpose.
5.4 Tamara will only share such information to the extent required to provide you with the Tamara Payment Services. You hereby agree to such information sharing. This may include sharing your Identifying Information and any other information with third parties for purposes of credit checks, anti-money laundering and other similar background checks or for any other purpose that Tamara deems necessary for Tamara to provide you with the Tamara Payment Services and adhere to all applicable laws and regulations.
5.5 Tamara may share Identifying Information or any other information you provide to Tamara with government and regulatory authorities as required by applicable law.
By entering into this Agreement you represent that:
6.1 You are over the age of eighteen (18) years.
6.2 You agree not to use the Tamara Payment Services or take make any Purchase Requests for any unlawful or fraudulent activity and to immediately contact Tamara if you believe that your Tamara Account may be subject to unauthorized use, account takeover or other type of fraudulent activity or security breach. By using the Tamara Payment Services, you agree that you will not and will not assist or enable others to do any of the following:
(a) breach or circumvent any applicable laws or regulations in the Kingdom of Saudi Arabia or anywhere else, agreements with third-parties, third-party rights, or agreements with us, including this Agreement;
(b) provide false, inaccurate or misleading information to us;
(c) provide Identifying Information or any other information belonging to any person other than yourself;
(d) use a Tamara Account that belongs to another person for yourself or on behalf of another person;
(e) use your Tamara Account for any reason other than the legitimate use of the Tamara Payment Services; or
(f) open or use multiple Tamara Accounts.
6.3 Cooperate in investigations and inquiries. You hereby agree to cooperate with Tamara to the fullest extent permitted by applicable law, including agreeing to the written answering of any questions or the provision of information to assist Tamara in conducting any internal investigation or inquiry. 6.3 Cooperate in investigations and inquiries. You hereby agree to cooperate with Tamara to the fullest extent permitted by applicable law, including agreeing to the written answering of any questions or the provision of information to assist Tamara in conducting any internal investigation or inquiry.
6.4 Hereby, I the undersigned agree to provide Tamara (Nakhla for Information Systems) with any information that it requires for the establishing and/or auditing and/or administering my accounts and facilities therewith and I authorize it to obtain and collect any information as it deems necessary or in need for regarding me, my accounts and facilities therewith, from the Saudi Credit Bureau (SIMAH) and to disclose and share (inclusive of Data Pooling) that information to the said company (SIMAH) in accordance with the Membership Agreement and Code of Conduct approved or to any other agency approved by Saudi Central Bank (SAMA).
7.1 All content made available to you through your use of your Tamara Account and the Tamara Payment Services, including but not limited to any and all text, graphics, logos, icons, images, and software is protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and constitutes the intellectual property of Tamara. The copying, redistribution, use or publication by you any such content is strictly prohibited.
7.2 The trademarks, service marks and logos used and displayed through your Tamara Account is intellectual property of Tamara.
8.1 You are deemed to have executed this Agreement electronically in accordance with the applicable laws of the Kingdom of Saudi Arabia when you click to agree to the terms of this Agreement. You consent to electronically receive and access via email or your Tamara Account all records, disclosures and notices related to your Tamara Account or the Tamara Payment Services that we would otherwise be required to provide to you in paper form.
8.2 To ensure that we are able to communicate with you electronically, you agree to notify us immediately of any change in your email address or any other information that you provide to us pursuant to which we communicate with you, including your telephone number, by updating your Identifying Information and any other relevant Tamara Account information as soon as practicable as and when necessary.
8.3 Tamara may send you SMS messages when you open a Tamara Account. You agree to receive SMS messages to each telephone number provided by you to Tamara. You represent that you are the primary user of the telephone number that you have provided to us. You represent that you are permitted to receive SMS at the telephone number you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
9.1 This Agreement shall be effective on the date on which you click to indicate your agreement to its terms and remains effective until terminated by Tamara or yourself in accordance with this Paragraph.
9.2 This Agreement may be terminated at any time by either party with or without cause. In the event that Tamara decides to end this Agreement, it will inform you of this by sending you a notice to that effect to the email address which you provide Tamara. You hereby agree and acknowledge that Tamara has the absolute right to terminate this Agreement with or without cause and is not obligated to inform you as to the reason behind a termination.
9.3 You may terminate this Agreement by closing your Tamara Account by following the instructions on the Tamara website. For the avoidance of doubt, you will remain liable for all obligations related to your Tamara Account even after it has been closed and you have terminated this Agreement.
10.1 You hereby agree to release, indemnify and hold harmless Tamara and any of its affiliated companies, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to:
(a) your access to, use of, or inability to use your Tamara Account or the Tamara Payment Services;
(b) your negligence or misconduct;
(c) your violation of any applicable law; or
(d) your failure to provide and maintain true, accurate, current and complete information in relation to your Tamara Account.
10.2 The Tamara Payment Services are offered to you without representation or warranty, whether it is express or implied unless explicitly provided for by law in the Kingdom of Saudi Arabia.
10.3 Tamara does not warrant or guarantee that the Tamara Payment Services will meet any particular requirements or expectations that you may have in respect of the Tamara Payment Services other than what is explicitly set out in this Agreement. Tamara does not guarantee that the Tamara Payment Services will be available at any particular time or location, uninterrupted, error-free, without defect or secure; that any defects or errors will be corrected; except to the extent explicitly required under applicable law in the Kingdom of Saudi Arabia.
10.4 Tamara does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by any Merchant or Merchant Platform. Tamara does not have control over goods or services that are paid for using the Tamara Payment Services no does it accept any liability in relation to the condition or quality of goods and services purchased through your Tamara Account. Tamara is not responsible for the delivery or refund of any purchases you make using the Tamara Payment Services.
10.5 Chargebacks. Tamara is not liable to you in relation to any Chargebacks. Whilst Tamara may at its discretion play a role in facilitating Chargebacks and the return of funds between you and the Merchant or Merchant Portal at its absolute discretion, such a role does not imply any liability in relation to Chargebacks.
11.1 Notices. All notices and other communications under this Agreement shall be in writing through communications to the Tamara email address shown on the Tamara website in the event that you wish to notify or otherwise communicate with Tamara, and to your email address or telephone number you have provided to Tamara in accordance with the terms of this Agreement.
11.2 Amendments and Waivers. You agree that Tamara may amend the terms of this Agreement at any time. In the event that Tamara makes any amendments, Tamara will notify you in advance of such changes via the email address provided to Tamara in accordance with the Terms of this Agreement. It is also your responsibility to review this Agreement from time to time to see if it has changed. If you do not agree with any such amendments, you agree to cease all use of the Tamara Payment Services. Your continued use of the Tamara Payment Services will indicate your agreement to the terms of this Agreement in the form at the time of such usage.
11.3 Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision hereof or invalidate or render unenforceable such term or provision in any other jurisdiction.
12.1 This Agreement and any cause of arising out of, or relating to this Agreement and the transactions contemplated hereby shall be governed by, and construed in accordance with, the laws of the Kingdom of Saudi Arabia.
12.2 Each party hereto irrevocably and unconditionally submits to the jurisdiction of the courts of the Kingdom of Saudi Arabia and agrees that any such action, litigation or proceeding may be brought in the relevant court of the Kingdom of Saudi Arabia.
12.3 General conditions of the website are governed by United Arab Emirates. Sales to Saudi Arabia are governed by Saudi Arabian law.