Last Updated: 14 Oct 2025
Please read these Terms and Conditions and Customer Participation Consent Form (attached hereto as Annexure I) (hereinafter collectively referred to as “Terms”) carefully. By clicking to accept these Terms, you agree to be bound by these Terms and agree to Tamanna BNPL LLC’s Privacy Policy (“Effective Date”). The headings contained in this document are for reference purposes only. You should print a copy of these Terms for your records.
1. Parties to these Terms
1.1. These Terms is a contract between you (“you”, “your”) and Tamanna BNPL LLC (“Tamanna”, “we”, “us”, “our”) (each individually a “Party”, and collectively the “Parties”).
1.2. These Terms are a legally binding contract between you and Tamanna governing your non-transferrable (unless with our prior written consent) use of Tamanna Services (as defined below), including use of the Tamanna website, Tamanna application and any features and products that Tamanna may make available to you through the Tamanna application or website. We may transfer or assign these Terms, and any rights under these Terms, to a third party without notice to you or without your consent.
2 .Definitions
“Affiliates” shall mean any individual, corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity that directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or under common control of Tamanna.
“Terms” shall mean these Terms and Conditions.
“Applicable Law(s)" shall mean all applicable on-shore and off-shore laws, rules, regulations, guidelines, statutory or government notifications in the State of Qatar.
“Business Day” means a day other than a Friday and Saturday or bank holiday/public holiday in the State of Qatar.
“Buy-Pay-Pay-Later” or “BNPL” shall have the meaning as delineated in clause 5.1.
“Buy-Now-Pay-Later Regulations” shall mean the Buy-Now-Pay-Later Regulation issued by the Qatar Central Bank.
"Confidential Information" means information relating to us, to the Services or Tamanna customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services, data derived from the Services except for data (other than Customer personal data) arising from the sale of your products comprising of products sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of these Terms, customer personal data constitutes Confidential Information at all times.
“Data Protection Legislation” shall mean (a) the Qatar Financial Centre Data Protection Regulation (Law No. 6 of 2005); and (b) any other legislation in force from time to time relating to privacy and/or the processing of personal data and applicable to the provision of Services under these Terms.
“Intellectual Property Right” shall mean any patent, copyright, trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Applicable Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
“Products” shall have the meaning as delineated in clause 5.1.
“Service(s)” shall mean services provided by Tamanna as outlined in clause 5.
“Sensitive Information” shall mean Customer’s private information including, but not limited to, name, address, phone number, debit card numbers and credit card numbers.
“Tamanna Account” shall have the meaning ascribed to it under clause 5.1 of these Terms.
“Tamanna App” or “App” means Tamanna’s application through which Tamanna provides customers a range of innovative consumer purchasing solutions, including buy now pay later services (“BNPL”), and such other consumer solutions as Tamanna makes available within the application.
“Territory” shall mean the State of Qatar.
“Website” shall mean the Tamanna website accessible through https://tamanna.app/
3. The Terms
3.1. Tamanna offers a variety of innovative options for consumer purchases, BNPL services and other consumer solutions available through our various consumer channels. Each of these options is considered a “Service,” collectively referred to as the “Services.”
3.2. Before registering for a Tamanna Account on the Website or downloading and installing the Tamanna App, you must agree to be bound by the Terms.
3.3. You should read the Terms carefully before you agree to be bound by them and you should determine whether the Services are appropriate for you given your personal or financial circumstances.
3.4. We reserve the right to change the Terms at any time by updating the App and our Website to incorporate any new or amended terms, an email will be sent to your registered email account with us informing you of the update change.
3.5. You are responsible for regularly reviewing information posted on the App or Website to obtain timely notice of amendments to these Terms and to submit your agreement to them.
4. Eligibility
4.1. The Services are exclusively intended for eligible persons.
4.2. Our BNPL is only available to eligible persons. Whether you are eligible will be determined by us at our discretion and will depend on numerous factors such as our assessment of your creditworthiness, your history of transactions, the Merchant's account history, as well as the following criteria (“Eligibility Criteria”):
(a) You have a valid Qatar ID (QID).
(b) You are living in the State of Qatar and have provided your permanent residential address.
(c) You are 18 years of age or older.
(d) You have an active email account registered in your name.
(e) You have an active mobile phone number registered in your name.
(f) You have provided all your information and documentation requested by us.
(g) You declare that any payment obligations arising from your purchase will be met by you pursuant to the payment terms agreed at the time of purchase. and
(h) You have an operational bank account in the State of Qatar.
4.3 Any registration for, use of, or access to the Services by individuals who do not meet the Eligibility Criteria shall be deemed unauthorized, unlicensed, and a breach of these Terms.
5. Tamanna Services
5.1 Subject to your successful application for a Tamanna Account, and upon approval ("Tamanna Account"), you will gain access to our BNPL service, allowing you to purchase products and/or services (“Products”) from both offline and online retailers (“Merchants”).
5.2 BNPL allows you to pay for the total cost of a Product (“Total Amount”) through smaller equal payment amounts which are paid on specific agreed dates (“Due Dates”) as designated amounts (“Instalments”).
5.3 You can also apply to use BNPL at checkout, with certain Merchants. Approval of a checkout application will be subject to our review of your data and circumstances.
5.4 We explicitly reserve the right, at our sole discretion, to decline your BNPL application at any time without providing any reasons for doing so.
5.5 If your Tamanna Account has a sufficient balance or your BNPL application is approved, we will pay the Merchant the Total Amount for the Products you purchase on your behalf. You agree to repay the Total Amount to us in full via the agreed-upon instalments, as outlined in these Terms.
5.6 The amount you owe to Tamanna at any given time will be the Total Amount minus any paid instalments (“Total Amount Due”), displayed in your Tamanna Account.
5.7 It's important to note that benefits offered by your bank or credit card issuer for purchases from Merchants may not apply to purchases made through us. We do not guarantee the availability of any purchase protection, extended warranty, or similar benefits offered by such third parties if you use the Tamanna Services.
5.8 We may provide you, at our sole discretion, with offers and benefits such as discounts, special events, pre-access to products, sales promotions, Merchant offers, sampling and giveaways. Any such offers or benefits will be subject to separate terms and conditions as notified to you.
6. Your Information
6.1 By providing information to us, you agree to furnish only truthful, accurate, current, and complete details, pledging not to misrepresent your identity or any associated account information.
6.2 You additionally commit to maintaining the accuracy and currency of your Tamanna Account information. You assert that any residential address, email address, or mobile phone number you supply belongs to you and is up to date. It is agreed that you will promptly inform us of any changes to this information.
6.3 For compliance purposes, enhancing your experience with the Tamanna Services, and providing you with offers and benefits, we retain records of your past purchases and transactions through Tamanna.
6.4 You agree that Tamanna may at any time make inquiries about you and request any information about you that Tamanna requires to provide you with a Tamanna Service, including but not limited to your credit score or a credit indicator relating to you that Tamanna considers appropriate from any financial institution, credit bureau (including Qatar Credit Bureau), or reference agency or any other source that Tamanna considers necessary, to assess your eligibility to use the Tamanna Services. A credit score may also be requested in connection with an extension or increase of your spending limit, account renewal, account collection action, or dispute investigation.
6.5 You hereby authorize Tamanna (and those organizations acting on its behalf) to make such inquiries and obtain such information about you without the need for further consent or approval from you or notification to you, for the purposes of determining your eligibility for the Tamanna Services.
6.6 We may also disclose any information aggregated by us or report your repayment history and credit behavior to any credit bureaus (including Qatar Credit Bureau or any other agency authorized and approved by the Qatar Central Bank (“QCB”), in accordance with our obligations under applicable law or as mandated by QCB.
7. Payment Methods and terms
7.1 Before proceeding with any transaction using the Tamanna Services, you must consent to these Terms along with any specific terms relevant to that transaction.
7.2 By clicking the “Buy Now” button, you affirm that you have thoroughly read, comprehended, and agreed to these Terms in their entirety. Furthermore, you acknowledge your responsibility to settle the Total Amount, including, the Approval and Processing Fee (as defined below), late payment charges (if applicable), as per the Terms.
7.3 The Customer agrees to pay the below fees associated with the Tamanna Services (“Approval and Processing Fee”). The Approval and Processing Fee, outlined below, is based on the Total Amount of the Product and will be charged to you automatically at the time of purchase of the Product:
7.4 You acknowledge that twenty-five percent (25%) of the Total Amount Due must be paid before you are accepted for the Tamanna Services, this will become the first Instalment which is immediately due and payable at the time of purchase of the Product(s).
7.5 Each subsequent Instalment payment (or the first payment) adheres to the predetermined Instalment billing cycle indicated in your Tamanna Account.
7.6 We may not always issue you notices or reminders of any upcoming Instalment payment dates. The Instalment payment instructions are available on our Website/App and/or the billing statement in your Tamanna Account.
7.7 Depending on the Tamanna Service utilized, various funding sources, such as debit or credit cards (excluding prepaid cards), may be accepted. We reserve the right, at our sole discretion, to decline debit or credit cards with expiry dates within 6 (six) months of the Product purchase date. We also reserve the right to refuse the Services to you in case you have a bad credit history. Additionally, you acknowledge that in the event of a late payment, it shall be reflected in your credit history with the Qatar Credit Bureau.
7.8 We may require you to register more than one card or funding source to your Tamanna Card, to be used in respect of the repayment of your Instalments and will ask you to select a default from which Instalments will be taken directly.
7.9 We may ask you to provide consent to auto debit your bank account directly once your salary hits your bank account.
7.10 In instances where your default card or funding source is unable to be charged, including for Instalment plans or registered subscriptions, you authorize Tamanna to charge any other registered funding source within your Tamanna Account.
7.1 You retain the option to make full or partial payments of the Total Amount Due at any time without incurring additional charges for prepayment.
7.12 We will at all times, determine, at our absolute discretion, any acceptable methods of payment, and may discontinue accepting any particular payment method at any time for any reason.
7.13 Should you use a credit card or other payment method that is reversible, you hereby waive any rights to make such chargebacks or reversals.
7.14 We may delay making credit available on your Tamanna Account in the amount of your payment until, such time we have received the payment in clear funds.
7.15 In the event of card replacement, cancellation, expiration, or a desire to use a different card, you must update your Tamanna Platform with an eligible card at least 3 (three) Business Days before the next Instalment due date.
7.16 It is your responsibility to ensure that the credit or debit card presented for payment during purchase or thereafter remains valid, active, and has sufficient available balance or credit to cover all Instalments and accept pre-authorizations per these Terms until the Total Amount Due is settled.
7.17 You have the right to stop a payment on added credit or debit card by providing a replacement card in the Tamanna App at least 3 (three) Business Days before your next payment Instalment due date.
7.18 By opting for our BNPL payment method during checkout, you grant us authorization to charge the eligible card you have submitted and furnished to us either at checkout or subsequently, for the specified number of Instalments you have selected at checkout.
7.19 The payment date, and amount of each Instalment we will charge, will be shown on the Website before you complete your purchase.
7.20 You hereby authorize us or any of our authorized service providers to:
(a) Charge your added card for the amount of your down payment Instalment on or after the date of the purchase;
(b) Charge your added card in the amount of each Instalment on each Instalment due date;
(c) Charge your added card for the Total Amount Due:
(d) In an event of default charge your added card the relevant instalment or the Total Amount Due under these Terms.
7.21 If any automatic charge of an instalment or the Total Amount Due fails, you are required to make the required payment immediately.
8. Payment Default
8.1 We have the right, subject to any specific requirements under Applicable Law to provide you with a cure period, to declare you in default for any of the following reasons:
(a) You fail to pay any Instalment by the Due Date.
(b) You commit any act or omission which we consider, acting significantly impairs your ability to pay or our ability to collect the amounts due from you.
(c) You revoke your consent to electronic communications. or
(d) You die or become legally incompetent.
8.2 If you are declared in default, you acknowledge we have the right to require you to pay the remaining total amount of all outstanding Instalments immediately.
8.3 You agree we have the right to seek immediate payment of this amount by charging the credit or debit card you have provided for pre-authorization under these Terms.
9. Payment Option
9.1 We may initiate debt collection procedures and incur (extra-judicial) costs to recover any Late Payment due. These costs will be set out in your Tamanna Account and will be added to the Total Amount Due.
9.2 We can additionally require immediate payment of the Total Amount Due and, unless prohibited by Applicable Law, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your Tamanna Account for collection to an attorney or collection agency.
9.3 An option to extend the Due Date of any Instalment may be offered as a Tamanna Service at Tamanna’s sole discretion.
10. Our Rights
10.1 We may establish a total purchase limit ("Limit"), in accordance with Applicable Law, for you, which will be displayed on your Tamanna Account when you log in to our Website or access the App.
10.2 This limit represents the maximum amount available to you for purchases from Merchants and decreases with each transaction you make.
10.3 The Limit may be adjusted periodically, at our sole discretion and in compliance with Applicable Law, considering various factors such as, including but not limited to, your creditworthiness, payment history, and transaction activity.
10.4 We reserve the right to decline transactions at our discretion. We are not responsible for any refusal to authorize a transaction or Tamanna Account.
10.5 You hereby authorize Tamanna to transfer international payment system operators payment card data you’ve provided to us when filling out forms on the Website or otherwise, and to receive from such operators confidential information, in particular - a report including a score from: (i) AMEX; and/or (ii) Visa; and/or (iii) Mastercard and is formed using the data of your payment cards and transactions carried out with the use of such cards, the data of which are provided by yourself to Tamanna, in order for us to make a decision on concluding a loan agreement.
10.6 You hereby authorise Tamanna to coordinate with the Merchant, broker, or agent from whom you have made a purchase using Tamanna, to downgrade or cancel your membership, subscription or any upcoming fulfilment or service (“Cancellation”).
10.7 You grant authorization to Tamanna’s Merchant, broker, or agent partner to communicate with their vendors, suppliers, and/or manufacturers, where applicable, to implement the stated Cancellation.
10.8 We may at any time, and upon notice to you, assign (whether absolutely or by way of security) sell, or transfer your Tamanna Account or any amounts due on your Tamanna Account to one or more third parties, either individually or as part of a pooled group of accounts.
10.9 The third party or parties to whom we make any such assignment, sale or transfer, shall be entitled to all our rights under these Terms, to the extent assigned, sold or transferred.
10.10 You acknowledge and agree that we may assign, sell or transfer our obligations under these Terms or in relation to your Tamanna Account (whether in whole or in part) or assign, sell or transfer your contract with us (whether in whole or in part) to a third party or parties. This clause 10.10 shall constitute our prior notice of any such assignment, sale or transfer and your advance consent to any such assignment, sale or transfer of your contract in each case in accordance with Applicable Law.
10.11 The third party or parties to whom we make any such transfer of our obligations under these Terms or in relation to your Tamanna Account (whether in whole or in part) or transfer of your contract as a whole, shall assume our obligations under these Terms or in relation to your Tamanna Account, to the extent transferred.
10.12 We may disclose any information relating to your Tamanna Account and your contract with us including information relating to your repayment history and credit behaviour to any person or entity to whom we make any such sale, assignment or transfer
11. Prohibited Activities
11.1 You agree not to use the Tamanna Services for any unlawful or fraudulent activity and to immediately contact us if you believe that your Tamanna Account may be subject to unauthorized use, account takeover or other type of fraudulent activity or security breach. By using the Tamanna 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, agreements with third-parties, third-party rights, or agreements with us, including these Terms;
(b) Provide false, inaccurate or misleading information to us;
(c) Provide information belonging to any person other than yourself;
(d) Use a Tamanna Account that belongs to another person for yourself or on behalf of another person;
(e) Use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
(f) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique, or
(g) Commit unauthorized use of the Services, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Services.
(h) Open or use multiple Tamanna Accounts.
(i) Harass, threaten, or abuse our employees, agents, or other users.
(j) modifying, adapting, developing, creating any derivative work, reverse engineering, decompiling, disassembling, unlocking or carrying out any act restricted by the scope of your license, in relation to the Core IP (as defined below), our Website, App, or the Content, and (k) any reproduction or redistribution of our Website or App or any Content is prohibited and will result in civil and/or criminal penalties. In addition, the copy (in whole or in part) of any Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
12. Dispute Rights
12.1 Any complaints in relation to Products shall be handled exclusively by the Merchant and you hereby agree that Tamanna has no responsibility or liability to you in respect of any issue of performance, merchantability or suitability of the Products themselves.
12.2 Subject to us receiving written confirmation from a Merchant to refund an amount payable for a Product, we will credit your Tamanna Account the relevant balance.
12.3 In no circumstance will we be required to pay any amount directly to you that is to be credited to your Tamanna Account as part of a refund.
12.4 Complaints in relation to Tamanna or Tamanna Services can be submitted in writing through the contact form on our Website.
13. Confidentiality
13.1 Except as permitted or required by the Terms, each Party must not use or disclose any of the other Party’s Confidential Information.
13.2 Each Party may disclose the Confidential Information of the other Party: (i) when required to do so by Applicable Law or any regulatory authority of competent jurisdiction (provided that the first Party provides the other Party with reasonable prior written notice of such disclosure, if legally permitted, to allow such Party adequate opportunity to seek a protective order preventing or limiting the disclosure) or registered stock exchange offering either Party’s securities; (ii) to a director, officer, employee, agent, contractor, professional adviser, investor or financing source (or potential investor or financing source) of the first Party whose duties reasonably require such disclosure, provided such person has agreed to keep the information confidential; and (iii) with respect to Confidential Information of the merchant provided in connection with a specific Purchase or Customer, Tamanna may use such information to process transactions, service Customer accounts, and otherwise in accordance with Tamanna’s or its Affiliates’ privacy policies in any applicable jurisdiction.
13.3 Each Party must take all reasonable steps to ensure that no Confidential Information of the other Party is used, directly or indirectly, in any way that is detrimental or adverse to the other Party and that each person to whom any Confidential Information of the other Party must be or has been disclosed does not use or disclose such Confidential Information except as is consistent with these confidentiality commitments.
13.4 Each Party must take steps no less rigorous than those which it takes in respect of its own information (but in no event less than a reasonable degree of care) to prevent any unauthorized use, disclosure or loss of, or unauthorized access or damage to, the Confidential Information of the other Party under its possession or control.
13.5 Any and all Confidential Information disclosed by one Party and received by the other Party prior to the Effective Date will be subject to the obligations set out in this Clause 13.
13.6 With respect to Confidential Information of Tamanna provided to Merchant, Merchant may use such information solely to facilitate a Purchase and represents and warrants that it shall comply with Applicable Law relating to privacy and data protection, including without limitation the applicable requirements of the Buy-Now-Pay-Later Regulations.
13.7 This Clause 13 shall survive termination of these Terms and shall remain in force for a period of two (2) years.
14. Intellectual Property
14.1 All content included in or made available through the Services, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) are owned by Tamanna or one of its Affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in these Terms, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
14.2 We own or hold the rights to any and all intellectual property in our Website and App (“Core IP”), as well all intellectual property and other rights in all material (including all text, graphics, logos, audio and software) made available on or through our Website and App (“Content”).
14.3 Your use of the Tamanna Services, our Website, or our App does not grant or transfer any rights, title or interest in either the Core IP or the Content to you.
14.4 We hereby grant to you a license to access and use the Website and the App solely for the purpose of your use and enjoyment of the Tamanna Services, as outlined in these Terms and, where applicable, as expressly authorised by us.
14.5 The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Services are registered and unregistered Trademarks of Tamanna. Other trademarks, service marks and trade names may be owned by others. Nothing on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Tamanna intellectual property displayed on the Services. The name “Tamanna” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior written permission from Tamanna.
15. Availability and Security
15.1 You are responsible for maintaining the secrecy of the login credentials to your Tamanna Account with us. You are required to notify us immediately of the loss, theft, or possible unauthorized use of your Tamanna Account via the App.
15.2 If you permit any person to use your Tamanna Account information, login, or other details with the authorization to obtain credit on your Tamanna Account, you will be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your limit to be exceeded.
15.3You acknowledge and agree that you will not hold us responsible for any liability arising from the actions or inactions of any third party in connection with any permissions you grant under clause 15.2.
15.4 We provide no warranty or guarantee that your access to our Website, App or the Tamanna Services will be uninterrupted, timely or error-free.
15.5 We will occasionally carry out repairs, maintenance or introduce new facilities and functions, and access to the Website, App or the Tamanna Services may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice.
15.6 We may impose restrictions on the length and manner of usage of any part of the Tamanna Services for any reason.
15.7 If we impose restrictions on you personally, you must not attempt to use the Tamanna Services under any other name or user or on any other mobile device.
15.8 It is your responsibility to keep your phone and access to the Tamanna Services secure. We therefore recommend that you do not jailbreak or root your phone, (which is the process of removing software restrictions and limitations imposed by the official operating system of your device) as it could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the Tamanna Services will not work properly or at all.
15.9 We provide no warranty or guarantee the App or Website will be compatible with all hardware and software which you may use.
15.10 We shall not be held liable for damage caused by or related to any viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property either directly or indirectly as a result of your download, installation, access to or use of the App or Website or your obtaining any material from, or as a result of using, the App or Website. We shall also not be liable for the actions of third parties.
16. Data Protection
16.1 We and our Affiliates will process your data in accordance with the Data Protection Legislation and our Privacy Policy, which is available on our Website and/or App and forms part of these Terms.
16.2 In order to deliver the Tamanna Services, we will need to record your name, national ID number and any other details on such ID, date of birth, email address, address, telephone number and details around the payments due by you to us.
16.3 We process your personal data for the purposes set out in our Privacy Policy, including for the following legitimate purposes directly related to your use of the Tamanna Services:
(a) To perform a credit check on you and/or to confirm your identity.
(b) To send you an invoice via email, text message or push notification.
(c) To facilitate the payment via bank transfer, direct debit or any other payment method chosen by you.
(d) For marketing and business development purposes.
(e) To administer payments received and to send reminders for non-received payments, and
(f) To engage debt collection agencies/procedures/legal action in case of non-payments,
16.4 You hereby acknowledge and agree that we may share any personal data we hold on you with the Merchants from whom you have bought Products and with any person or entity to whom we sell, assign, or transfer your Tamanna Account, any amounts due on your Tamanna Account, your contract with us, or our rights or obligations under your Tamanna Account or these Terms.
16.5 You can request details of your personal information held by us by contacting us via hello@tamanna.app , and may request correction to any personal data we hold about you in cases where the information is incorrect.
17. Disclaimer
17.1 We hereby exclude all warranties and conditions, whether express or implied by statute, common law or otherwise, to the extent permitted by law that:
(a) The performance of our Website or App.
(b) The use or access to our Website or App will be uninterrupted.
(c) Our Website or App are free of any virus or other computer software routine intended or designed to permit unauthorised access to your computer system or disable, damage, erase, disrupt or impair the normal operation of your computer system, or
(d) The accuracy, reliability, or completeness of any Content.
17.2 Our Website and App (including any Content and software) are provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the suitability of accessing and using our Website, App and Tamanna Services, and your use and access of our Website, App, or the Tamanna Services is entirely at your own risk.
17.3 We will have no responsibility or liability to you in relation to any loss or damage that you incur, including but not limited to damage to your software or hardware or loss of data, arising from your use of or access to our Website, App, or Tamanna Services, or the unavailability of our Website, App, or Tamanna Services.
17.4 To the full extent permitted by law, we exclude all warranties (express or implied), terms, conditions, or undertakings not stated in these Terms, whether expressed or implied, in relation to our Website, App, or the Tamanna Services.
17.5 Tamanna hereby excludes any and all liability for any loss or damages incurred by you or a third party as a result of any act or omission by us in respect of the provision of the Tamanna Services, the Website or the App.
18. Liability
18.1 Neither you nor Tamanna excludes or limits liability to the other party for:
(a) Death or personal injury due to negligence, or
(b) Fraud or fraudulent misrepresentation, or
(c) Any other loss which cannot be excluded or limited under the governing law of these Terms.
18.2 Tamanna shall not be held liable for any indirect or consequential loss or damage including, without limitation, any loss of business or profits in each case whether arising from negligence, breach of contract or otherwise.
18.3 Subject to clauses 18.1, the liability of Tamanna for any breach of these Terms, whether for negligence, misrepresentation, breach of contract or otherwise for direct loss or damage shall be capped for the duration of these Terms at a total amount of QAR 25,000 (Qatari Riyals Twenty-Five Thousand Only).
18.4 When using Tamanna Services (including our Website/App) to purchase Products you hereby acknowledge and agree that:
(a) Your purchase of Products is subject to the Merchant’s terms and conditions of sale.
(b) We are not agents or representatives acting on behalf of the Merchant.
(c) The Merchant’s terms and conditions of sale, and any policies or promotions are independent of Tamanna and are not controlled by us.
(d) We provide no warranty as to the condition, merchantability, or fitness for a particular purpose of the goods sold by the Merchant and purchased by you.
(e) You will address all claims you may have in relation to the Products directly to the Merchant and not us, and
(f) We have no liability to you whatsoever for any claim for loss or damage that arises from your use or purchase of Products from a Merchant.
18.5 Without prejudice to clause above, to the extent permitted by law, you hereby indemnify release and hold harmless Tamanna, our directors, officers, employees, our affiliates and agents from and against any and all losses, actions, claims (actual or threatened), proceedings (including proceedings where we are joined pursuant to any proportionate liability regime) or demands (including any costs and expenses in defending or servicing same) which may be brought against us, in respect of any loss (including any indirect or consequential loss, loss of opportunity, loss of revenue, loss of profit, loss of reputation), death, injury, illness or damage to persons or property, and whether direct or indirect and in respect of any breach of any industrial or intellectual property rights, howsoever arising out of the use of, reliance on, or benefit of, any Products purchased from a Merchant.
19. Term and Termination
19.1 These Terms you have with us for the duration of your use of the Tamanna Services.
19.2 These Terms apply (as amended from time to time) until terminated in accordance with this clause 19.
19.3 We may suspend or close your Tamanna Account or otherwise terminate your right to use your Tamanna Account at any time at our absolute discretion.
19.4 If you owe any instalments upon the effective date of termination of these Terms, you must pay them in full within ten days of such date of termination.
19.5 Terminating these Terms does not automatically terminate any other service contract that you have entered into in connection with these Terms.
19.6 Please note that terminating these Terms will not terminate your purchase Terms(s) with the Merchants.
19.7 Your rights and obligations in relation to your Purchases with Merchants are governed by those terms and the legislation relating to them.
19.8 We will retain your information after the closure of your Tamanna Account in accordance with our Privacy Policy.
20. Dispute Resolution
20.1 Disputes: If any dispute arises under the Terms, the Parties agree to seek to resolve the dispute in good faith within thirty (30) days’ written notice of such dispute. No action or suit or other proceeding may be commenced before the Parties have attempted to resolve the dispute pursuant to this provision.
20.2 In the event that the Parties are unable to resolve the dispute as stipulated in clause 20.1, the Parties hereby agree that the exclusive jurisdiction for any legal proceedings shall lie with the courts of the Qatar Financial Center.
20.3 Governing Law: These Terms shall be governed by the laws of the Qatar Financial Center notwithstanding any conflict of law rules.
20.4 Customer Consumer Rights: With respect to each Purchase, your rights and remedies as a consumer in respect of the Goods (including rights to seek and obtain refunds) are as between you and the Merchant, to the exclusion of Spenwisor’s (to the maximum extent permitted by law).
21. Miscellaneous
21.1 Entire Terms: These Terms contain all the terms agreed between us and you regarding their subject matter and supersede and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing.
21.2 No Waiver: A failure to exercise or a delay in exercising any right, power or remedy under the Terms does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the Party granting that wavier unless made in writing.
21.3 Construction: The headings of the sections of the Terms are inserted for convenience only and are not intended to affect the meaning or interpretation of the Terms. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not be used in the construction or interpretation of the Terms.
21.4 Severability: If any provision of the Terms (or any portion thereof) is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Terms shall not be affected thereby and shall be binding upon the Parties and shall be enforceable to the fullest extent permitted by Applicable Law, as though said invalid or unenforceable provision (or portion thereof) were not contained in the Terms.
21.5 Third Party Beneficiaries. Except as may be expressly provided or incorporated by reference in the Terms, no provision of the Terms is intended nor shall it be interpreted to provide or create any third-party beneficiary rights or any other rights of any kind in any person or entity other than the Parties hereto.
ANNEXURE I
CUSTOMER PARTICIPATION CONSENT FORM
This Customer Participation Consent (the “Consent”) is entered into by and between the undersigned customer (the “Customer”) and Tamanna BNPL LLC. (“Tamanna”), pursuant to the Information and Cyber Security Regulation for Payment Service Providers as established by the Qatar Central Bank (“QCB”) and the Qatar Financial Centre (“QFC”) Data Protection Regulation, as governed by Law No. 6 of 2005. By agreeing to this Consent, the Customer acknowledges and agrees to the following terms and conditions:
1.Purpose
Tamanna’s Buy Now, Pay Later (“BNPL”) solution is designed to offer Customers a flexible payment solution, allowing them to purchase goods and services immediately while deferring payment over an agreed period. The primary goal is to provide financial convenience and affordability to Customers, enabling them to manage their cash flow more effectively.
2. Functionality
(a) Purchase and Payment: Customers can use Tamanna’s BNPL solution with authorised and participating merchants to purchase products or services. The total purchase amount is split into smaller, manageable payments over a set period.
(b) Installments: Payments are typically divided into equal installments, which are automatically debited from the customer's bank account or charged to their credit card on scheduled dates.
(c) User Interface: Customers can manage their BNPL account through Tamanna’s user-friendly online platform or mobile app, where they can view their payment schedule, transaction history, and account settings.
(d) Notifications: Customers agree to receive reminders and notifications about upcoming payments, due dates, and any changes to their account status.
3.Limitations
(a) Merchant Network: The BNPL option is only available at merchants that are part of Tamanna’s network. Customers may not be able to use Tamanna’s BNPL solution for all their purchases.
(b) Credit Limit: There may be a credit limit imposed on Tamanna’s BNPL facility based on the Customer's creditworthiness and Tamanna’s risk assessment policies.
(c) Eligibility Criteria: Not all Customers may be eligible for Tamanna’s BNPL product. Eligibility is determined based on a variety of factors including credit history, income, and other financial obligations.
4. Potential Risks
(a) Fees: The Customer agrees and acknowledges that any late payment or missed instalment will incur a late payment fee of QAR 15 (Qatari Riyals Fifteen Only) per week. This fee is strictly a penalty for late payments and is not to be considered as interest, whatsoever. The Customer further acknowledges that the total cost of the purchase may increase as a result of accumulated late payment fees.
(b) Credit Score Impact: Late payments or defaults on BNPL agreements can negatively impact the Customer's credit score, affecting their ability to obtain credit in the future.
5. Customer Rights and Obligations
The Customer understands their rights and obligations as a participant in the testing service. This includes:
(a) The right to receive clear and transparent information about the product.
(b) The obligation to provide accurate and truthful information for the risk assessment and decision-making processes.
(c) The right to access information related to their participation at any time.
(d) The right to access their data and request corrections if any inaccuracies are found.
6. Use of Customer Data
The Customer's data will be used by Tamanna and its designated technology provider to perform risk assessment and decision-making processes. This includes any necessary analysis and evaluations to determine the Customer's eligibility and suitability for the BNPL solution.
7. Data Storage and Sharing
The Customer's data shall be securely stored by Tamanna for a period of up to five (5) years, or for such duration as may be required in accordance with the applicable instructions of the QCB and/or the QFC Data Protection Regulation, as set forth under Law No. 6 of 2005. Additionally, the data will be shared with QCB and any other related parties as per QCB's instructions. The sharing of data is to ensure compliance with regulatory requirements and to facilitate oversight and monitoring by QCB.
8.Confidentiality and Data Security
Tamanna and its technology provider are committed to ensuring the confidentiality and security of the Customer's data. Appropriate measures will be taken to protect the data from unauthorized access, disclosure, alteration, or destruction.
9. Compliance with Applicable Data Protection Guidelines
Tamanna will adhere to the guidelines and regulations set forth by QCB in the Information and Cyber Security Regulation for Payment Service Provider regulation and QFC Data Protection Regulation, as set forth under Law No. 6 of 2005. This includes obtaining necessary approvals and providing required reports to QCB and QFC .
10.Respecting Customer Privacy
Tamanna agree and acknowledge to comply with all applicable privacy and data protection laws and regulations in Qatar when collecting, storing, and using Customer data. Tamanna has implemented appropriate security measures to protect Customer data from unauthorized access, disclosure, or misuse.
11. Effective Complaint Handling
Tamanna commits to establishing and maintaining an accessible and efficient process for Customers to submit complaints or inquiries regarding the product or their participation in the test. Customers can submit complaints or inquiries regarding the product or their participation in the test by contacting Tamanna through the following channels:
(a) Email: hello@tamanna.app
(b) Phone: +974 – 40055900
Tamanna is committed to addressing customer concerns promptly and ensuring a responsive and efficient process for resolving complaints.
12. Customer Credit Information
12.1 Securing explicit written consent from the Customer is required prior to obtaining any credit information from the Credit Bureau.
12.2 Explicit written consent from the Customer is also required prior to engaging in the exchange of the Customer’s credit information.
12.3 Credit information will be prepared and submitted to the Credit Bureau in strict accordance with the mechanism stipulated by the Credit Bureau.
12.4 Upon the Customer's request, Tamanna must provide the Customer with a copy of the credit report acquired from the Credit Bureau.
12.5 Tamanna must notify and inform the Customer of any credit information disclosed to the Credit Bureau upon the Customer's request.
12.6 Tamanna is obligated to provide the Credit Bureau with the most current credit information pertaining to its customers and periodically update this information in accordance with the Credit Bureau's stipulations.
12.7 All credit information provided by the Credit Bureau to Tamanna is deemed confidential. Tamanna commits to executing a non-disclosure agreement with the Credit Bureau and upholding the confidentiality of such information. Disclosure to third Parties is prohibited without prior written consent from the Customer or a direct court order.
12.8Tamanna is prohibited from utilizing the credit information to supply advice or recommendations to third Parties and must limit its utilization solely for internal purposes.
13.Effective Date and Duration
This Consent is effective as of the date signed by the Customer and will remain in effect until the end of the data retention period or as required by QCB and QFC guidelines.
14.Right to Withdraw
The Customer retains the right to withdraw from utilizing Tamanna’s BNPL solution at any time without any penalties. To withdraw, the Customer must provide written notice to Tamanna. Upon receiving the withdrawal notice, Tamanna will cease any further data processing and ensure the removal of the Customer's data from its systems as described in the Exit Strategy and Data Removal clause.
15. Informed Consent
The Customer consents to avail Tamanna’s BNPL solution for the provision of BNPL services, as authorized by QCB. The Customer also consents to the processing, storage, and sharing of their data as described in this Consent. The Customer acknowledges that they have been provided with clear and accurate information about the purpose, functionality, limitations, and potential risks of the product.
