Terms and Conditions of Use for Tamara Customers
Please review Tamara's updated terms and policies on their official website.
1.1 These Terms and Conditions constitute a binding agreement between you (either personally or on behalf of an entity you represent) and Nakheel Information Systems Technology LLC (“Tamara”), hereinafter referred to as “we,” “us,” or “our,” with respect to all aspects of the Tamara Services and/or your use of the Mobile Application or your access to our Website, as well as any media channel, website, or mobile application related or linked thereto, and through your access to and use of the Mobile Application or Website. You acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as amended from time to time. If you do not agree to these Terms and Conditions, you must immediately cease using or accessing the Mobile Application and/or Website. If you are using the Mobile Application or Website on behalf of a third party, including, but not limited to, a business entity, you represent that you are authorized and have the authority to bind such third party to these Terms and Conditions.
1.2 The merchant from whom you purchase goods or services using Tamara Services is not a party to these Terms and Conditions and any terms in force between you and the merchant are independent of these Terms and Conditions.
1.3 We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will provide you with thirty (30) business days' notice of any change to these Terms and Conditions via the agreed communication methods as described below. You will have the opportunity to object to any such change within ten (10) business days after receiving notice from Tamara.
1.4 This Preamble is an integral part of these Terms and Conditions.
2. Definitions
2.1 The following signs, words, phrases and terms shall have the meanings shown opposite each of them in these Terms and Conditions:
2.1.1 Applicable Regulations: means any applicable regulations and rules to which Tamara and/or the Customer are subject.
2.1.2 Customer: means the Merchant Customer who has created a Tamara Account.
2.1.3 Dispute: means any claim for refund, deduction, compensation, counterclaim or dispute of any kind brought by the Customer against the Merchant in connection with the Goods or Services resulting from an Approved Transaction.
2.1.4 Force Majeure: means any circumstance beyond our control, including, but not limited to: (1) acts of God, floods, droughts, earthquakes, or other natural disasters; (2) epidemic or pandemic; (3) terrorist attack, civil war, civil commotion, riot, war, threat or preparation for war, armed conflict, sanctions, embargoes, or severance of diplomatic relations; (4) nuclear, chemical, or biological contamination or sonic boom; (5) any regulation or action of a government or public authority, including, but not limited to, the imposition of export or import restrictions, quotas, embargoes, or failure to grant a license or approval; (6) building collapse, fire, explosion, or accident; and (7) utility service interruption or failure.
2.1.5 Identification Data: means the required data that the Customer must provide to Tamara to create an account with Tamara, as collected by Tamara, the Merchant or the Merchant Platform for the purposes of providing Tamara Services to Customers.
2.1.6 Intellectual Property Rights: means any patents, utility models, rights in inventions, copyrights and related rights, trademarks, service marks, trade names, domain names, rights to acquire, goodwill, the right to sue for deceptive selling or unfair competition, rights in designs, rights in computer software, database rights, rights to the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for such rights (and rights to apply for and be granted such rights), renewals or extensions of such rights, rights to claim priority in such rights and all similar or equivalent rights or forms of protection which exist or will exist, now or in the future, in any part of the world.
2.1.7 Merchant Platform: means the means, including but not limited to websites and applications, that enable multiple merchants to offer goods and services to customers through a single platform.
2.1.8 Merchant: means any business entity that provides Tamara Services to its customers pursuant to an agreement between it and Tamara, or between Tamara and the Merchant Platform, as may be determined from time to time.
2.1.9 Mobile Application: means the Tamara mobile application available for download from relevant digital stores.
2.1.10 Net Amount: means the total amount to be paid by the Customer, including any VAT and shipping charges in respect of a purchase order resulting in a single approved transaction less: (i) any refunds; and (ii) any discounts, credits or reductions claimed by the Customer and approved by the relevant Merchant.
2.1.11 Purchase Order: means the order placed by the Customer through the Platform, Website, Mobile Application, Merchant Website or any other applications or points of sale to use Tamara Services to purchase goods or services from the Merchant or the relevant Merchant Platform.
2.1.12 Refunds: means the disputed amount paid by the Customer to a Merchant using Tamara Services in connection with an Approved Transaction which is subsequently refunded to the Customer after such dispute has been settled.
2.1.13 Tamara Account: means the account created by the Customer to use the Tamara Services, the use and operation of which will be subject to these Terms and Conditions.
2.1.14 Tamara Services: means the payment services provided by Tamara, as updated from time to time, which the Customer selects on the Merchant's website, Merchant's platform, or at any other point of sale with the Merchant or on the Merchant's platform from which the Customer chooses to purchase. Goods or services from the Merchant or Merchant's platform using Tamara Services are subject to these Terms and Conditions.
2.1.15 Transaction: means the request submitted through your Tamara Account, based on a purchase order, to use the Tamara Services in order to complete and settle such purchase order with the relevant Merchant.
2.1.16 Transaction Data: means all data relating to the Purchase Order and Transaction.
2.1.17 We: References to “we”, “us”, “our” or other similar pronouns in these Terms and Conditions are references to Tamara and its affiliated entities and persons.
2.1.18 Website: means Tamara’s website at the following address: https://tamara.co
2.1.19 You: References to the separate second-person pronoun “you” or the connected second-person pronoun “your” or any other similar pronouns in these Terms and Conditions are references to the relevant Customer referred to in the identification data that must be provided before using Tamara’s Services.
3. Eligibility and validity:
3.1 By using Tamara Services, you warrant and represent that you have the legal capacity to enter into these Terms and Conditions and that you are over the age of eighteen (18) years.
3.2 If you register as a business entity, legal person or any other entity, you represent and warrant that you have the authority and capacity to enter into and bind your entity to these Terms and Conditions, and that you and the Company will comply with all applicable laws and requirements.
3.3 By clicking to agree to these Terms and Conditions, you acknowledge that you have accepted these Terms and Conditions electronically.
4. Accounts and Registration:
4.1 The Tamara Account registration process requires you to provide Tamara with certain personal information for the purposes of (1) creating a Tamara Account; (2) providing any Tamara Services; and (3) complying with any applicable laws or regulations, including, but not limited to, compliance with “know your customer” obligations. This information may include your full name, address, email address, telephone number, and age. You acknowledge and agree that any personal information provided by you is true, accurate, complete, and up-to-date, and that if any such information changes or any other information or circumstances that may affect your eligibility to continue to use the Tamara Services, you must immediately notify Tamara in accordance with these Terms and Conditions.
4.2 You agree under these Terms and Conditions to disclose all of your financial obligations, upon request by Tamara or any of its agents or subcontractors, and to refrain from withholding any information that may be influential or important to any of the parties to the financing agreement.
4.3 You hereby agree that you will be responsible for any activity under your Tamara Account and agree to maintain appropriate security measures for your Account details on an ongoing basis.
4.4 If you lose or have your password stolen, or if you believe there has been unauthorized access to your Tamara Account, you must change your Tamara Account password and notify us immediately. You are responsible for any transactions made using your stolen Tamara Account credentials unless you notify us immediately to deactivate it and receive a message from Tamara informing you that your Tamara Account has been deactivated or cancelled.
4.5 You may not share your Tamara Account credentials with anyone else. You acknowledge and agree to refund to Tamara any transaction made using your Tamara Account that you or any other person who accessed the Tamara Services using your username or password requested, whether or not you authorized such access.
4.6 You must immediately notify Tamara of any suspected or actual fraudulent or illegal activity identified as a result of your use of the Tamara Services. Failure to do so may result in the suspension or termination of your Tamara Account, in addition to any other legal action Tamara takes in its sole discretion. Where suspected or actual fraudulent or illegal activity originates from a merchant or trading platform using the Tamara Services, you must immediately report that merchant to Tamara before taking any further action.
4.7 In Tamara's sole discretion, if it has any suspicion that any information you have provided is incorrect, inaccurate, incomplete or out of date, without prejudice to any other rights or remedies, in accordance with these Terms and Conditions or in accordance with applicable laws, Tamara has the right to suspend or restrict access to the Services and/or the Mobile Application and/or the Website.
4.8 Tamara may, in its sole discretion, make any inquiries it deems necessary (either directly or through a third party) and request that you provide further information or documentation as necessary. If you are an employer or registered on behalf of an employer, such information or documentation may include a trade license, official company documents, and/or other documents demonstrating any person's authority to act on your behalf. You acknowledge and agree to provide any such information and/or documentation to Tamara upon request. You further acknowledge and agree that if you fail to do so, Tamara may, without liability, restrict, suspend, or withdraw your access to the Services, Mobile Application, or Website. Tamara reserves the right to terminate any accounts that have not been verified or validated, or that are inactive, at Tamara's sole discretion.
4.9 Upon completion of the registration process, you acknowledge and agree that you have read, understood, and agree to abide by these Terms and Conditions. These Terms and Conditions incorporate Tamara's Privacy Policy, available at (https://tamara.co/privacy-policy.html), as updated from time to time.
4.10 In the event that your application for a Tamara account or any of the Tamara Services is rejected, we will inform you of the reason for such rejection within five (5) business days.
5. Tamara Services
5.1 Tamara is an online payments provider that offers customers a variety of payment methods when purchasing goods or services through various merchants or merchant platforms.
5.2 The Tamara website and mobile application display a list of independent merchants who accept Tamara as a payment option, as updated from time to time. These merchants have entered into binding agreements with Tamara to provide these products or services through the websites, applications, or merchant platforms.
6. Electronic communication
6.1 By creating a Tamara account, you acknowledge and agree that you will communicate with us electronically. Therefore, you agree that Tamara may provide all correspondence, payment information, terms and conditions, information we are required to provide under the Regulations, and all correspondence related to any complaints and other information to you electronically to the email address you have provided to us.
6.2 To ensure that we can communicate with you electronically, you agree that it is your responsibility to promptly notify us of any change in your email address, mobile number, or any other information you provide to us. We may contact you from time to time to request an update to this information and any other information related to your Tamara account.
7. Intellectual Property Rights
7.1 You acknowledge that all intellectual property rights in the Website and/or Mobile Application (as applicable) are owned by Tamara and its affiliates, to the maximum extent permitted by law.
7.2 The Tamara logo and associated symbols are trademarks owned by Tamara. Tamara's trademarks may not be used in connection with any product or service not provided by Tamara, including any product or service that disparages or damages Tamara's reputation.
7.3 You are prohibited from using any Tamara trademark or any intellectual property rights from any part of the Tamara Services, and you are prohibited from copying, modifying, preparing, publishing, performing, transmitting, displaying, broadcasting, or otherwise exploiting the Tamara Services unless expressly permitted or authorized by Tamara in writing. You may not, and you agree not to, allow others to copy, decompile, reverse engineer, disassemble, attempt to derive source code, decrypt, modify, or create derivative works from the Tamara Services or any part thereof (except to the extent prohibited by applicable law).
8. Use of the Website and Mobile Application
8.1 It is prohibited to use the Tamara Website and/or Tamara App to post any of the following content: any use of obscene or vulgar language, insults, cultural or religious abuse, any political or critical content, material that may threaten the public interest or national security, or cause defamation, libel, or slander, or any other content that may be offensive, obscene or inappropriate.
9. Product Listings and Availability
1.9 You understand that Tamara is merely a payment provider and bears no responsibility for the manufacture, shipping, production, or delivery of any products or services purchased through Tamara. Accordingly, Tamara shall not be responsible for the availability, qualification, or any other feature of any products offered on the Merchant's Website, Application, or Platform.
10. After-sales service for products:
10.1 Tamara is not responsible for any products or services sold through any merchant's websites, applications, or commercial platforms. Such products and services will be provided and supported solely by merchants, their manufacturers, or local agents, as well as their suppliers, in accordance with the terms and conditions associated with each product or service. Tamara expressly excludes any warranty of any kind for products or services sold on merchant websites, applications, and platforms. Any requests for technical support, customer service, or after-sales service regarding products or services should be directed to the relevant merchant.
11. Payments:
11.1 Once you create a Tamara Account in accordance with these Terms and Conditions, you will be able to access the Tamara Services when you choose to pay for goods or services using the Tamara Services payment option with the Merchant or the relevant Merchant Platform.
11.2 Tamara's Services allow you to purchase goods or services from a merchant or trading platform. When you choose a payment option on Tamara, different terms and conditions may apply in addition to these Terms and Conditions, and Tamara may charge fees, which you must pay later.
11.3 You are responsible for understanding and accepting all fees associated with your purchase order as stated during the checkout process. Any late fees apply, and you agree to pay them to Tamara.
11.4 Once you have selected Tamara Services at the merchant point of sale during the checkout process, you will be asked to select a payment method that will become effective and binding between you and Tamara in relation to the purchase order.
11.5 Service fees may apply to certain payment methods and/or merchants. The amount of these fees will be clearly displayed during checkout. You are responsible for reviewing your total amount before completing the transaction to ensure you are aware of all applicable fees.
11.6 If this information is not already available via the Tamara Website and/or Tamara App, you have the right to request a copy of the entire agreement you have entered into with us within ten (10) business days after entering into the agreement, as well as any relevant transaction data (including all fees and costs incurred within a specified time period and all additional costs and fees, in the event of default or early repayment of financing) on a quarterly basis.
11.7 You acknowledge that you are solely responsible for any purchase order, transaction or any fees associated with the Tamara Services, regardless of whether the relevant goods or services are successfully received or provided to you (as applicable).
11.8 Tamara reserves the right to make any change or modification to any payment method or to the provision of Tamara Services.
11.9 Tamara provides electronic payment services through third-party service providers. Tamara assumes no liability for any errors, damages, or losses you may incur as a result of using the electronic payment method, as this falls under the responsibility of the third-party service provider.
11.10 You must ensure that you have sufficient funds in your Tamara account before placing an order or attempting to complete a transaction. You are solely responsible for complying with any applicable transaction limits.
11.11 Pursuant to these Terms and Conditions, you agree and authorize Tamara to debit the relevant amount necessary to complete a transaction from the payment card stored in your Tamara Account on the payment due date. In the event that a transaction is declined due to a lack of funds to cover the insurance premium, an attempt will be made to automatically debit such funds every two (2) days until the full amount is paid. Tamara reserves the right to refer your case to any applicable credit collection agency and/or share your data with any applicable regulatory authorities at its sole discretion.
11.12 Under this Agreement, you agree to give us permission to check your credit history, obtain your credit report, and verify your identity through the National Unified Access (NAFATH) or any other relevant data sources. You also acknowledge that your credit report may affect the acceptance of your payment request with Tamara, depending on your credit behavior and payment history. Tamara may also be required to share information about your credit behavior history or any other information with the Saudi Credit Bureau (SIMAH) or any other entity approved by the Saudi Central Bank (SAMA).
11.13 You hereby represent and warrant that you have sufficient funds available to meet any financial obligations to Tamara as may be required from time to time. Tamara has the right to cooperate with the Merchant in the event that you fail to meet your payment obligations. This cooperation may include, but is not limited to, suspending the relevant Subscription/Services or seizing the Product/Goods until payments are made.
11.14 You hereby agree to understand and bear the potential consequences of using the financing service in violation of the agreed terms. You agree that Tamara has the right (at its sole discretion) to notify the Saudi Credit Bureau ("SIMAH") in the event of your late or default in payment.
11.15 You hereby agree that you are the beneficial owner of the Tamara Payment Services and that you will not use the Tamara Services for any money laundering or other illegal activities.
12. Refund of Payments:
12.1 Tamara is not responsible for any decisions made by the Merchant or the Merchant Platform regarding refunds, as applicable between you and the Merchant or the Merchant Platform. Tamara may, however, choose to play a role in facilitating such refunds at its sole discretion, provided that such role does not entail any liability in connection with any refund. However, Tamara will remain responsible for processing the payment of any refund as determined between you and the Merchant or the Merchant Platform.
13. Confidentiality and Privacy:
13.1 Tamara is committed to maintaining the confidentiality of the credit information and data in its possession.
13.2 You hereby agree to provide any information, including identification data or documentation, that Tamara reasonably requests to verify your identity in connection with your Tamara Account or any use of the Tamara Payment Services, and authorize us to make any inquiries we deem necessary to verify your identity. Tamara reserves the right to close your Tamara Account or suspend or restrict your access to the Tamara Payment Services if we are unable to obtain or verify any such information to our satisfaction.
13.3 You hereby agree and authorize Tamara to use any or all of your identification information and personal data collected through Tamara's websites, platforms, or mobile applications from time to time, and may use or disclose it to other persons. This may include sharing your identification information and any other information with third parties for the purposes of credit verification, anti-money laundering, or other similar checks, or for any other purpose Tamara deems necessary to enable Tamara to provide the Payment Services to you and to comply with all applicable laws and regulations.
13.4 You agree to these terms and conditions and when you access or use the Tamara website or Tamara application, you hereby agree to the privacy policy, noting that we collect your personal data and understand how we handle it.
13.5 If you do not agree to our policies and practices, you may not use the Tamara Website or Tamara App and please do not continue to use our Services.
13.6 You have the right to withdraw your consent to the processing of your personal data at any time, subject to contractual and regulatory restrictions and written notice.
13.7 You may not disclose to any third party any information you receive under these Terms and Conditions or any other contract concluded with Tamara. You must access any information relating to Tamara's business in confidence, to the extent that it may adversely affect Tamara's business, and you will be liable to compensate Tamara for any loss of business or reputation that occurs as a result of any action resulting from your access to such information.
14. Limitation of Liability:
14.1 Tamara is an independent service provider and is not a party to any direct arrangements between customers and merchants or any other related third parties. Tamara will not be liable in any way for any claim or dispute attributable to merchants and will not be liable for any failure or damages arising from the trademark, reliability, adequacy, authenticity, availability, or legality of merchant products or services.
14.2 Third-party merchants are independent service providers who are not subject to these Terms and Conditions and contract solely with Tamara. Merchants are not employees, representatives, or agents of Tamara. Merchants are solely responsible for all transactions between them and customers or other related transactions, and in the event of a dispute between you and any merchant or third party, you agree to indemnify Tamara from any and all liability arising from or related to such disputes. You hereby release Tamara (and its agents and employees) from claims, demands, obligations, and damages of every kind or nature, known or unknown, disclosed or undisclosed, arising out of or in any way related to such disputes.
14.3 By agreeing to these Terms and Conditions, you acknowledge the possibility of risks or errors arising from merchants or any third-party service providers. Therefore, your use of Tamara's services is solely your responsibility, and Tamara assumes no liability for them.
14.4 Tamara will not be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential damages that may arise, even if Tamara has been advised of the possibility of such damages, nor will Tamara be liable for any damages, liabilities, or losses incurred by you arising from your use of or reliance on the Services, or as a result of your inability to access or use the Services, or from any transaction or relationship established between you and the Merchant, even if Tamara was aware of the possibility of such damages. Tamara will not be liable for any delay or failure to perform, and will not be liable if the Merchant does not have the appropriate licenses and permits.
14.5 The Services are provided on an "as is" basis, and Tamara disclaims all representations and warranties, express, implied, or statutory, not expressly stated in these Terms and Conditions, including implied warranties regarding the Seller's ability and suitability for its services for a particular purpose. Tamara makes no representation or warranty regarding the reliability, quality, durability, availability, or original ownership of the Services, goods, or any services requested through the use of the Tamara Services, nor does Tamara warrant that the Services will be uninterrupted or error-free. To the fullest extent permitted by applicable law, you hereby acknowledge and agree that you assume all liability arising from your use of any of the Services provided by Tamara.
14.6 We provide the information on the Website and Mobile Application for general purposes only. Tamara makes reasonable efforts to keep the information up to date and correct, but makes no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the Website or Mobile Applications or the information, services, advertising, or related graphics contained on the Website or Mobile Application for any purpose, and you should therefore rely on such information at your own risk.
14.7 For security and performance reasons, all Tamara accounts are monitored regularly.
14.8 Tamara is not liable for any delay, interruption or failure to provide the Services due to a force majeure event.
14.9 You hereby acknowledge and agree to indemnify and hold harmless Tamara and any of its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, expenses and costs, including without limitation, regulatory and accounting fees arising out of or in any way related to: 14.9.1 your access to, use of or inability to use your Tamara Account or Tamara Services; 14.9.2 your negligence or misconduct; 14.9.3 your violation of any applicable regulations; and/or 14.9.4 your failure to provide and maintain true, accurate, current and complete information in connection with your Tamara Account.
14.10 If you do not agree to any provision of these Terms and Conditions, you may not access the Website or Mobile Application, or use the Tamara Services.