Terms and conditions

Terms and Conditions for Providing Mobile Payment Services and Opening a ZainCash Electronic Wallet

Iraq Wallet for Financial Payment via Mobile Phone and Internet (LLC) (hereinafter referred to as the “Company” or “ZainCash”), is a company specialized in providing electronic payment services via mobile phones and the internet that is set up in accordance with applicable Iraqi Companies Law and is licensed by the Central Bank of Iraq.

Whereas, the Customer wishes to enter into a contract with the Company for the purposes of opening a ZainCash electronic wallet, to benefit from electronic payment services via a mobile phone and the internet, in accordance with the terms and conditions of these services listed below and which constitute and create. a binding and valid agreement between ZainCash and the Customer (hereinafter collectively referred to as the “Parties”), and which will apply to all transactions carried out by the Customer. With the acceptance of offer between the Parties, the following has been agreed to:

Clause One / Definitions

Agent: the entity engaged by the Company to perform/provide some of the licensed activities through the tools or systems operated by the Company, and in accordance with the Central Bank of Iraq’s regulations and instructions.
Bank: The Central Bank of Iraq.
Card: the prepaid ZainCash card linked to the Electronic Wallet Account.
Company: Iraq Wallet Financial Payment via Mobile Phone and Internet LLC (Service Provider - ZainCash).
Customer: the natural or legal person who benefits from the Company's Services, who wishes to open an Electronic Wallet in their name, who has signed/agreed to these terms and conditions, and has been registered by the Company for the purposes of using the mobile payment Service.
Dormant Electronic Money Account: the Electronic Money Account in respect of which no financial transactions has occurred, where it is impossible to ascertain the existence of the account holder through their other dealings with the Company, all means of contacting them have been exhausted, and one year has passed since the date of the last financial transaction on the account.
Electronic Money: the monetary value deposited electronically and which is issued in exchange of receiving cash amounts of the same currency and value, which serves as a means of payment that can be transferred between the Parties dealing with it through electronic means.
Electronic Wallet or Wallet: the virtual account created by the Company in the Customer's name, enabling them to perform payment transactions via the mobile phone.
Prohibited Activities: means activities and transactions that are prohibited and punishable under the provisions of applicable laws, such as money laundering, financing terrorism, and others.
Service/Services: The electronic payment service via mobile that is provided by the company, among other services.
ZainCash Customer Service Centre: The Company's unified contact number, which can be found on the Company's official website zaincash.iq, in addition to the Company's communication accounts for responding to Customer inquiries and resolving any technical issues faced by the Customer.

Clause Two / Request for Services – ZainCash

The Customer shall fill out the electronic 'Know Your Customer (KYC)' form in the ZainCash’s mobile application or by visiting any authorized Agent in Iraq, in accordance with the Central Bank of Iraq’s instructions and regulations.
The Company reviews the documents submitted by the Customer or the Agent to ensure all requirements are met. The national ID number and any other relevant details are verified, and they have the right to review these details at any time they deem appropriate to ensure their accuracy.
The Company has the right to reject any Service request for any reason it deems appropriate, at its sole discretion and will immediately inform the Customer to correct the documents and provide instructions on how to send them through the available means to complete the Service provision process.
Upon registering for the ZainCash Service, the Customer will receive a welcome message confirming the successful setup of the Wallet along with a Personal Identification Number (PIN) to log into the Wallet, enabling the Customer to use all ZainCash Services. The Customer has the right to change the PIN at any time after activating their Wallet through the ZainCash application.

Clause Three / Declarations

The Customer represents that: -

All information and documents that have been or will be provided by them are true, complete, and accurate. The Customer undertakes to immediately inform the Company in the event of any changes to this information or these documents, through the contact information available on the Company's official website zaincash.iq, or via the Company's application. The Customer acknowledges full responsibility for the content, legality, and any matters related thereto.
The Customer is the true beneficiary and the actual owner of the electronic funds available in the Electronic Wallet, and acknowledges any legal liabilities that may arise from same.
The Customer has reviewed and understood the mechanism of the Services (ZainCash Services) and any guidance information published regarding these Services, in addition to being aware of the Central Bank of Iraq’s relevant instructions and regulations.
They agree that all Company records are certified, authenticated, and accurate. Additionally, the Customer agrees that, in the event of a dispute, the electronic record maintained and extracted from the Company's systems is the official electronic record in the event of any dispute.
The Customer is aware that the Services covered by this agreement and their use are subject to the laws and regulations in force in the Republic of Iraq and the instructions and regulations of the Central Bank of Iraq.
They are aware that the Electronic Wallet is linked to the mobile phone number provided by them, whereby payments are made using the electronic funds transferred by the Company and/or the Agent to the Customer's Wallet in exchange for the cash amounts received by them from the Customer and that the Customer would use these electronic funds after that.
The Customer acknowledges and agrees that the Company and/or the Agent has the right to charge a commission fee for each transaction or operation performed by the Customer when using the payment Services. This fee will be deducted from the balance of the Electronic Wallet, as specified by the Company through all available means, and in compliance with the regulations and instructions of the Central Bank of Iraq.
The Customer has reviewed the limits on mobile payment transactions as stipulated in the legislation issued by the relevant authorities and any amendments thereto.
The Company is not responsible for any transactions that are not executed and/or are rejected for reasons not attributable to it.
The Customer has received all the PINs related to the Electronic Wallet and/or Card without the need for a signed acknowledgment of receipt.
The Customer bears responsibility for any errors that may arise from depositing and/or transferring any amount from their Electronic Wallet to another account by mistake. The Customer acknowledges that the Company is not responsible for any errors and/or omissions and/or negligence on the part of the Customer, and the Company will not be liable for any damages, expenses, and/or claims resulting from such actions.
The Company will not be responsible for any errors , damages, and/or expenses incurred by the Customer as a result of their breach of these terms and conditions. Furthermore, the Customer undertakes and warrants to be liable for all compensation, claims, and damages that the Company may incur as a result of any breach of these terms and conditions by the Customer.
The Company reserves the right to modify the terms and conditions at any time in a manner deemed appropriate by the Company with notice to the Customer, including but not limited to (publish the modification on the Company's website, SMS, in-app notifications), without providing grounds for such modifications. The Customer undertakes to comply with these terms and conditions after any modifications and agrees that their use of the Service(s) following any changes constitutes acceptance of all new and/or amended terms and conditions.
The Company reserves the right to modify the pricing policy, fees, and commissions related to this Service at any time, with notice to the Customer, in a manner deemed appropriate by the Company, without providing justifications for so doing. The Customer undertakes to comply with the fees and commissions after any modifications and agrees that their use of the Service(s) following any changes constitutes acceptance of the new pricing policy, fees, and commissions.
The Customer is aware that no financial transactions (including but not limited to withdrawals and/or transfers) from their Dormant Electronic Wallet Account are permitted unless the Customer personally, or their legal representative, contacts the Company and settles any outstanding obligations to reactivate the Dormant Electronic Wallet Account in accordance with the instructions and regulations of the Central Bank of Iraq.
At its sole discretion, the Company has the right to continuously charge the Customer commission fees if the Customer does not use the payment Services, the Electronic Wallet, and/or does not perform any financial transactions through it The commission fee will be deducted from the balance of the Electronic Wallet. By this, the Customer irrevocably authorizes the Company to debit the mentioned commission fee from the Electronic Wallet repeatedly and continuously, without any objections from the Customer.
The Card is the property of the Company and is issued to the Customer for personal use only. It is non-transferable and cannot be sold to others. The Customer warrants to keep the Card in their possession during its validity period, and not to hand it over to any other person.
The Customer warrants the accuracy of the financial transactions executed on any of their Cards and agrees that all Company records are certified, authenticated, and accurate. The Customer also agrees that, in the event of a dispute, the electronic record maintained and extracted from the Service Provider's systems is the official electronic record. The Customer releases the Company from any liability regarding these transactions.
The Customer agrees to the daily/monthly transaction limits as solely determined by the Company and/or as subsequently amended by it, whether by way of increase or decrease and without prior notice to the Customer.
The Company has the right to modify the fees and commissions related to the issuance and/or renewal and/or use of the Card at any time and for any reason it deems appropriate, without incurring any liability. The Customer undertakes to comply with these fees and commissions after any modifications and agrees that their use of the Service(s) following any changes constitutes acceptance of the new fees and commissions.
The Company is not responsible if the Card is not accepted by third parties. Any dispute arising between the Customer and third parties does not affect the rights owed by the Customer towards the Company in respect of settling obligations arising from the use of the Card and/or related to it. Additionally, the Company bears no responsibility for any defects or deficiencies in the goods and/or services obtained by the Customer through the use of the Card.
The Company has the right to suspend, cancel, and/or close the Electronic Wallet, the Card, and/or the provision of the Services at any time, without incurring any liability, and after notifying the Customer via an SMS to the mobile phone number provided to the Company.
The Company has the right to immediately cancel and/or close the Electronic Wallet and/or the Card if requested by security or judicial authorities and/or the Central Bank of Iraq, without notifying the Customer. The Company bears no responsibility towards the Customer for the above and the Customer has no right to claim compensation in any form.
These terms and conditions are governed by and interpreted in accordance with the laws of the Republic of Iraq. The courts of Baghdad/Karkh in Iraq have exclusive jurisdiction over any disputes related to these terms and conditions, and the Services.
The Customer agrees to conduct transactions with the Company electronically, and their electronic acceptance of these terms and conditions holds the same validity as a traditional signature for evidentiary purposes. Furthermore, data extracted from the Company's technical systems shall be considered acceptable evidence in the event of any dispute.
The Company owns all trademark and intellectual property rights used as part of the Service/Services and included in the Company's documents.
The Customer acknowledges and undertakes not to use the Wallet or Card for any Prohibited Activities, gambling, or profit-making platforms, in compliance with the directives issued by the relevant regulatory authorities in the Republic of Iraq.
The Customer acknowledges and warrants not to use the Card for trading or obtaining money from others under any name or in any context, including charging fees or commissions to others, or for any activity other than the authorized activities.
The Customer must respond to all communications from the Company and answer all inquiries, in addition to providing the Company with all necessary and sufficient evidence regarding personal transactions within the Wallet, whist ensuring that the verification code is not shared with Company employees or any third party.

Clause Four / Miscellaneous Provisions

The Customer is responsible for providing any information and details related to their exposure to fraudulent activity, and the Customer alone is responsible for resolving such disputes.
A one-time secret code is issued for the purpose of activating the Service. The Company issues a user code and a personal identification number (PIN) to the Customer. The Customer must protect the said PIN and is solely responsible for its security.
The user code and personal identification number (PIN) received by the Customer are considered as a signature and acknowledgment of consent to execute any requests, Services, or orders. The Customer is aware that they will be notified of any transactions made on their account through the Company's designated notification methods, allowing the Customer to object if there are any reasons to do so.
The Customer's subscription is linked to their national ID or passport registered with government authorities and the Central Bank of Iraq, in accordance with the anti-money laundering and counter-terrorism financing regulations for payment and electronic money transfer service companies.
The Customer undertakes, at their own responsibility, to immediately inform the Company in the event of loss of the mobile phone and/or change of the mobile phone number registered with the Company. The Company bears no legal or financial responsibility in respect of the foregoing, and the Customer has no right to hold the Company liable under any circumstances.
The Customer undertakes, at their own responsibility, to verify the details of all transactions before executing them. The Customer acknowledges that the Company is not responsible for any error, omission, and/or negligence on the part of the Customer, and the Company will not be liable for any damages and/or expenses and/or claims resulting from this.
The Customer undertakes, at their own responsibility, to protect and ensure the protection of their personal identification number (PIN) and to adhere to all security and confidentiality rules as prescribed by the Company. The Customer acknowledges that the Company is not responsible for any error, omission, and/or negligence on the part of the Customer, and the Company will not be liable for any damages and/or expenses and/or claims resulting from the foregoing.
The Customer undertakes, at their own responsibility, to verify the details of all transactions conducted in respect of the Electronic Wallet by monitoring the confirmation messages sent to their number after each transaction. Additionally, the Customer must ensure not to initiate transactions without sufficient funds in their account and acknowledges that the Company is not responsible for any error, omission, and/or negligence on the part of the Customer, and the Company will not be liable for any damages, expenses, and/or claims resulting from the foregoing.
In the event that the electronic wallet is not used for a period of one year, it will be converted to a Dormant Electronic Wallet Account. The Customer will be notified through the communication methods deemed appropriate by IT that the wallet will be considered dormant at least one month before it is deemed dormant. The Customer will be informed about the freezing of their account and the necessary procedures to reactivate it and the Wallet and any prepaid payment tools linked to the it will be suspended.
The Company/Service provider will inform the Customer of the balance of their Electronic Wallet in a manner deemed appropriate by the Company upon the completion of any financial transaction on their wallet.
The Company undertakes to refund the amounts to Customers in the event that the Company/Service provider ceases to provide the Services, in accordance with the Company's operational procedures.
In the event of the Customer's death, the Company will suspend the operation of the deceased Customer's Electronic Wallet upon verification. The deceased's relatives must provide the necessary documents in accordance with procedures specified by the Company in this regard.
The Company undertakes to take all the necessary measures and precautionary steps to ensure the security and confidentiality of the Customer's information.

Confidentiality:

a- The Company confirms its commitment to maintaining the confidentiality of Customer information and data, and not using it for any purpose during the business relationship and/or sharing it with any third party without the Customer's consent, except in cases permitted under the provisions of applicable legislation and the instructions of the Central Bank of Iraq.
b- Notwithstanding the provisions of clause (a) above, the Customer agrees and authorizes the Company to disclose any information related to them, the Electronic Wallet and/or the Card, which may be requested by any regulatory, security, or judicial authorities and/or any third party as required by the nature of the operations and/or Services provided by the Company and/or as requested by the Customer. Additionally, for any prizes offered by the Company, the Customer's full name and/or wallet number will be disclosed without the need to notify the Customer of such disclosure.
c- Notwithstanding the provisions of clause (a) above, the Customer agrees and authorizes the Company to disclose any information related to them, the Electronic Wallet and/or the Card as required by the nature of the operations and Services provided by the Company. This includes, for example, displaying their full name/national ID number/Wallet number when conducting any transfer and/or payment to any person and/or entity receiving the payment/transfer, without the need to obtain the Customer's consent for each transfer and/or payment, and without the need to notify them of same.

It is agreed between the parties that the Company has the right, to suspend the Service, the electronic wallet and/or the Card immediately and without any liability nor notice to the Customer in the event that the Customer's name appears on the blacklist of the Central Bank of Iraq or any other regulatory authority, and/or requested by any security and/or official authority.
The Card is issued to the Customer upon their request in accordance with the Company's terms and conditions, while adhering to the laws, regulations, and instructions issued by the Central Bank of Iraq. The Customer is responsible for any transactions made using the Card, including safeguarding the Card and PINs, and for any losses incurred by the Company due to misuse of the Card and/or the Electronic Wallet and/or the device used.
In the event of damage to, loss, or theft of the SIM card, the Customer must inform the Company through the contact methods available on the Company's official website zaincash.iq or the Company's app to suspend the Wallet. The Customer can also inform the telecommunications service provider about the damage, loss, or theft through the customer service center of the mobile Service provider to mitigate the damage or recover the lost or stolen SIM card and prevent any use of ZainCash Services until the SIM card is replaced or repaired.
The Customer can also transfer the wallet from one registered SIM card number to another after the Company confirms that there are no legal impediments related to the suspension of the registered number, which may have risen as a result of unauthorized activities such as fraud, money laundering, terrorism financing, or others.
The Company is not authorized to disclose any personal information, documents, or details related to the Customer's Wallet unless required by a government or judicial order, or for the purposes of combating fraud, money laundering, terrorism financing, or other similar activities.
The Customer must fully comply with any instructions issued by the Company, which are shared through its available official channels, and are considered part of these terms and conditions.
The Customer grants the Company an absolute and irrevocable authorization to debit their account for all amounts withdrawn using the Card, in addition to any commissions or fees that may result from its issuance or use.

These terms and conditions have been drafted in Arabic, English, and Kurdish, with the Arabic version being the authoritative text for interpretation and clarification of any ambiguities and/or in case of conflict.