TERMS AND CONDITIONS

TERMS & CONDITIONS OF ZAIN CASH SERVICE SUBSCRIPTION

INTRODUCTION:

The present agreement comprises the terms and conditions which control the customer’s use of Zain Cash services; and its consent to commit to both the customer and Iraq Wallet company (IW) in its capacity as e-pay service provider via Zain Iraq telecoms company.

Signing the subscription form of Zain Cash service is considered an approval by the customer to accept the terms and conditions which he can also be informed of through IW or Zain Iraq websites or can be available in Zain Cash shops (This document is kindly needed to be read carefully).

DEFINITIONS

Wherever they are found in the agreement, the following words and phrases delineate the meanings assigned to them as follows:

The Service Zain Cash: It is a service given by IW (Iraq Wallet) Company through which the registered customer can transfer and receive funds within the boundaries of the Republic of Iraq according to these terms and via an intermediary network (Zain Iraq) according to the Electronic Signage and Transactions Law No. 78 of 2012 and E-Pay Services Law No. 3 of 2014.

Iraq Wallet: IW, a company specialized in offering e-pay financial services via mobile phone and authorized by the Central Bank of Iraq to achieve the same and it owns Zain Cash logo.

Zain Iraq: Atheer Telecom company, an operator of Zain Group and licensed by the Iraqi Communications and Media Commission to operate the mobile telecoms in Iraq. Zain Iraq’s role according to this contract is to work as an intermediary telecom network between the customer and IW without being a partner in the cash deals between the parties referred to.

SIM Card: It is the card that contains the customer’s relevant information and issued by Zain Iraq company and enables the customer to benefit from and access the e-pay and other services given by IW through Zain network.

Zain Cash: It is a trademark registered under Iraq Wallet company and used to refer to the service and its trading.

Transferred Fund: It means the money transferred from the service and distribution points to the service agents by using Zain Cash.

Zain Cash Customer Care Center: It means the unified calling number (107) which belongs to the service provider (Iraq Wallet company) to respond to customers’ inquiries and solve the technical problems faced by them. The operator number will be working 24/7.

Money Laundry: It refers to all activities prohibited in accordance with the Iraqi anti-money laundry laws and rulings.

E- Account: it is the customer’s Zain Cash account as it refers to the wallet made and kept by IW for the benefit of the customer exclusively upon subscribing or to the requirements to be defined by IW company (Service Provider) from time to time.

Credit: it is the e-cash available in the customer creditor account.

Distributor/Agent: it is the individual assigned by IW to provide the services.

Distributor’s services: the services and functions done by the distributors/agents related to Zain Cash including subscription receipts, activation and facilitation of the in and out cash moves.

The Suggested Code: It means the 4-digit code that is sent to the customer upon subscription in order to be used to activate his account; it should be replaced by a new one immediately by the customer for security purposes.

E-Cash: it is the cash amount in the customer’s account, and it is virtually equal to the cash amount kept in the credit account for the customer.

Charges: It means the subscription charges issued by IW.

Subscription Document: It means the terms and conditions included in this document, its appendices, and attachments which are committing to the customer and the legal predecessor to obtain the service.

Credit Account: It means the account opened in the creditor bank to regulate and keep all payments on behalf of the customers.

SERVICE SUBSCRIPTION REQUIREMENTS

  • Zain Cash services are exclusively available to Zain Iraq customers who own active SIMs. Those who wish to subscribe should restrict to requesting only one subscription account.
  • Subscription to Zain Cash services can be handled through any accredited distributor/agent and a request form should be filled, signed and presented to the distributor/agent.
  • The Zain Cash requester should certify that all given information is correct, complete and precise.
  • The distributor/agent shall review the subscription request to verify that all spaces are filled, ID number is checked along with any other relevant details and he has the right to keep copies of the required documents.
  • IW has the right to drop any subscription request in case of documents shortage or defect and should take all required procedure to inform the customer to correct or submit the documents in order to complete the registration process.
  • IW has the right to reject opening any account in case of dissatisfaction with the submitted documents.
  • Upon submitting the subscription request to Zain Cash credit by the customer to the distributor, the distributor will either issue a new SIM ( in case of need) at the time IW will provide the customer with the suggested code or will start with Zain Cash service registration procedures on the private active SIM and then the customer will be provided with the suggested code.
  • Upon registration to Zain Cash, the customer will receive a welcome message that verifies the successful installation of the account.
  • Upon subscribing to Zain Cash, the customer will get the suggested code in order to activate the account. He will be able to use Zain Cash services to register a debit move. The customer can change the code at any time.

ZAIN CASH CONDITIONS

In case the SIM on which the customer’s number is assigned is damaged, lost or robbed the customer should inform Zain Iraq immediately through the Customer Care Center to stop the damaged, lost or robbed SIM in order to prevent the later usage of Zain Cash services until SIM is replaced or repaired. The customer can also transfer his account from one SIM card to another after IW company verifies that there is no legal concern that may arise due to SIM suspension as a result of unauthorized activities such as fraud, money laundry, terrorism financing and blacklisting.

IW has no right to disclose any personal information, documents or details of any activities in the customer’s account except for government regulatory party specialized in combating fraud, money laundry, terrorism financing.

The customer should abide by any related Zain Cash instructions issued by IW from time to time.

SUSPENSION AND CLOSURE OF ACCOUNT AND SERVICES:

IW company has the right to suspend Zain Cash services (wholly or partly) or block, restrict or terminate them and/or close account and/or suspend the usage of code or dismiss them without any responsibility by IW and without any prior notice as in the following cases:

  • If IW has a reason to believe that the customer’s mobile, line or code used to obtain Zain Cash services are used contrary to what has been announced or used illegally, improperly or criminally (or if they were used as such in the past).
  • In case any specialized legal, regulatory or governmental party or any other authority of the same level starts an investigation or regulatory or executive procedures against the customer or any other act the IW deems arousing doubts around the IW corporate image.
  • In case the customer does not abide by the conditions, regulations or relevant instructions of using Zain Cash services including the usage terms.
  • In case the customer has informed IW that any of the mobiles have been lost or robbed or that the code has been robbed or disclosed to another person.
  • Upon receiving a request from the customer that is incumbent of account closure.
  • In case the customer’s mobile becomes inactive.
  • In case SIM usage and code are suspended, or terminated or in case of closing the customer’s account, then any credit or debit in the account will be paid to the customer (taking into account item 3.6.) upon his attendance at any center that belongs to IW and identifying himself by the official documents. The Center employee will inform the customer of the due date to receive the amount after distracting the commissions/the required charges (if any).
  • The customer’s credit account is his privilege and the privilege of his legal inheritors after his demise.

IW is not accountable towards the customer against any loss, defect, direct or indirect damage caused by any conduct, or customer’s oblivion in case the account is closed or suspended according to this para.

In case there is any defect in operating the service that falls within Zain Iraq responsibility for any reason. Zain Iraq then will be committed to repair the damage and it will be accountable to undertake the financial consequences including financial reimbursement of IW customers or any other material losses that might befall IW.

CHARGES

IW company will be committed to announcing the prices of the available services in many ways such as websites, newspapers, text messages and brochures which should be available in shops, with agents and distributors.

  • Deposit by purchasing E-money from any outlet, distributor or ROS.
  • Locally transfer e-money from one person to another.
  • Activate mobile credits.
  • Pay post-paid mobile bills.
  • Withdraw Cash (cash out): The customer is able to exchange the e-money to cash money (Iraqi Dinar) at any time within his account limits through the accredited point of sale for Zain Cash service with a specific charge will be paid by the customer and it is changeable according to market variables. And it should be noted that the customer can keep informed about Zain Cash services charges through service website or through the bulk SMS that will be sent in case of any changing on the prices/charges.

After successfully completing each Zain Cash move, both the receiver and the sender will receive an SMS that includes the definition of the financial move and informs them of the latest credit in their account. All registrars in Zain Cash system are considered correct unless proved otherwise.

The customer will be accountable for Zain Cash related information accuracy. The customer alone will be accountable for settling all conflicts without reverting to IW.

THE SECURITY SIDE AND UNAUTHORIZED USAGE

Each account has one code by which the customer can access the account.

The customer only has the right to use the mobile and the code of the customer’s account to access Zain Cash services.

The customer stands accountable for protecting his mobile and its correct use, and he is also accountable for keeping the secrecy of the code and all Zain Cash moves through the code per se. The customer has the right to change the code of his e-wallet through the service menu via USSD.

Although the customer needs to identify himself upon any Zain Cash move by using his mobile and code, he is prohibited from disclosing the code to anybody including the Customer Care employee and/ or Zain Iraq Customers Care Center.

CUSTOMER’S RESPONSIBILITY

The customer is responsible for all Zain Cash move charges accessed by using the code including the calls and the other on-going moves on Zain network through the mobile, be they calls or moves implemented by the customer or by another person commissioned by the customer. The customer is also responsible for all in and out cash charges.

IW RESPONSIBILITY

The creditor bank keeps all payments and other funds received in the credit account and related to the e-money value that is registered in the customer’s account (Credit amounts) for the benefit of the customer who will be the only beneficiary of such amounts which are equal in value to the debit credit in the customer’s account. The customer, this way, approves of keeping the Zain Cash system registrars in the bank as a tangible verification of the e-money amount available anytime in the customer’s account. The credited bank is not committed to making an independent investigation of the legitimacy of the customer’s credited amounts.

The customer has no right to demand any benefits that might accrue for the credit amount and the bank has the right to keep the benefits for its own use, be they for expenditure or special payments and/or payments for IW to cover Zain Cash system operation expenditures and/or charity expenditures according to the IW decision or for any other purpose.

RESPONSIBILITY AND EXCEPTIONS

In case the telecoms operator (Zain Iraq) is obliged to change the customer’s number or to re-assign it in implementation of regulatory decisions or for any other reason, IW responsibility will be limited to keeping the customer’s personal account wherever this is feasible and transferring the account into another new mobile number. In case this is not possible, IW will pay the creditor amount in the customer’s account to the customer in cash.

All distributors are independent ROSs authorized by IW to provide services and there might not be a standing relation between Zain Iraq and the distributors. Accordingly, IW will not be accountable for any breach on the part of the distributors related to service provisioning.

CHANGES

IW has the right to make the necessary change on the usage terms and/or charges at any time without prior notice. Announcement of the changes will be in a newspaper, SMS, IW website, or any other suitable media outlet which will be sufficient for the customer to be officially informed.

The customer’s continuous use of Zain Cash services is considered an implicit agreement of the changes implemented according to para 13.1 above.

GENERAL

The customer should pay all charges of restoring debited amounts including the legal, receipt and follow-up charges.

The customer should inform IW immediately of any change on his private details mentioned in the subscription request form.

The customer agrees that IW registers and keeps his information including the personal information, chats with the Customer Care Center and Zain Cash moves for documentary purposes even if his account is terminated.

IW owns all copyrights, trademark, other intellectual copyrights used as part of Zain Cash services or those included in the documents of IW or those given to IW according to a license. The customer agrees that he has no rights and asks for none.

IW as the right to send information to the customer through an SMS on his mobile defined in the subscription request form.

This document (or any amended copy) is considered an agreement committing to the customer or his representatives.

This agreement is not possible to be transferred or referred to any other person except for the customer.

All rights and reparations mentioned in this agreement are accumulative and they do not exclude any rights or reparations stipulated by the law.

APPLICABLE LAW AND LEGAL SPECIALTY

This contract is subject to and interpreted according to the Iraqi Republic valid laws and all relevant conflicts emerging herewith are referred to the specialized Iraqi courts.