Terms & conditions

ZP Wallet Terms & Conditions

These Terms and Conditions (“Terms”) have been designed to provide clear guidance and legally binding terms in respect of services provided to you by Zain Payments Limited, a company duly incorporated under the laws of the Kingdom of Saudi Arabia (hereinafter referred to as “ZP”, “we”, “us” or “the Company”). These Terms govern your use of ZP’s mobile application (“ZP Wallet”) for micro-financing services, the ZP website (“the ZP Site”) and your relationship with the Company as well as any other services that are made available to you through the use of the ZP Wallet from time to time (the “Services”). This document is available both in Arabic and English.

These Terms are being presented to you for your review and acceptance before you grant your consent for the completion of the on-boarding and registration process (hereinafter referred to as “Registration”) by the Company. Registration is a pre-requisite for the use of the ZP Wallet, ZP Site and Services. Registration requires the Company to undertake “Know Your Customer” checks (hereinafter referred to as “KYC”) in order to verify you as an authorised user of the Services and will only be undertaken once you have indicated your acceptance of the Terms.

Please read these Terms carefully, before the completion of Registration, as the Terms affect your rights and liabilities under the laws of the Kingdom of Saudi Arabia. If you do not agree to these Terms, please refrain from using the ZP Site or the ZP Wallet. By registering for ZP Wallet Services, you acknowledge that you have read, understood and agree to be bound by these Terms.

Definitions

The following words and phrases shall provide the following meanings as follows:
“Account” means the electronic money account the Customer opens with the ZP Wallet for the use of the Wallet Service.
“APP” means the ZP Wallet Internet or mobile-based services App.
“Application” means the registration form which the Customer must complete to establish a ZP Wallet Account Service.
"SAMA" means the Saudi Arabian Monetary Agency.
“SIMAH” means the Saudi Credit Bureau.
“Charges” means the service charges imposed by ZP on different services offered on ZP Wallet.
“Credit” is the E-Cash available in the Customer creditor account.
“Credit Account” means the account opened in the Partner Bank to regulate and keep all payments on behalf of the Customers.
“Customer” refers to any person, 18-years or older, who has registered for ZP Wallet services and has accepted its terms and conditions as reflected in this document.
“ZP Wallet Service” is an electronic platform offered by ZP, through which the registered Customer can obtain loans and repay loans through various money transfer models from their Account to another Customer’s Account within the boundaries of the KSA according to the Temporary License (“TL”) issued by SAMA.
“ZP Wallet Customer Care Center” means the centralised customer care number (TBD) which Customers may access 24 hours a day to report any technical problems experienced through the use of the ZP Wallet Service, and which allows ZP to respond to such problems or address any other Customers inquiries.
“Distributor/Agent” is the individual assigned by ZP to provide services related to ZP Wallet.
“Distributor’s Services” are the services and functions undertaken by the distributors/agents related to ZP Wallet including subscription receipts, activation and facilitation of the Customer acquisition, Customer onboarding, top-up vouchers and other services.
“E-Account” is the Customer’s ZP Wallet Account as it refers to the digitised wallet made and kept by ZP for the benefit of the Customer exclusively upon registering and accepting the terms and conditions provided by ZP from time to time.
“E-Cash” 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.
"SAR" means Saudi Arabian Riyals.
“KYC” refers to the “Know-Your-Customer” process and to the personal identification details of a Customer which is authenticated as per SAMA and other government entity requirements.
“Lending” refers to the micro-lending service offered to ZP Wallet Customers on a case by case basis. ZP’s determination of the Customers eligibility to receive micro-lending will be at ZP’s sole discretion and in accordance with ZP’s defined qualification criteria and procedures.
“Money Laundering” refers to all activities prohibited in accordance with the KSA’s Anti-Money Laundering laws and rulings.
“SIM Card” is the card that contains the Customer’s relevant information which is issued by a mobile telecommunication operator in the KSA and enables the Customer to benefit from and access the ZP Wallet Service and other services provided by ZP.
“Activation Code” means the 4-digit pin code that is issued to the Customer upon registration to the ZP Wallet Service. The 4-digit pin code is used to activate the Customer’s account.
“Zain Payments Company” [RM1] is a limited liability company registered under the laws of the Kingdom of Saudi Arabia, with registered office located in Riyadh.

ZP Wallet Registration and Requirements

ZP Wallet Services are available to individuals residing in the KSA who own an active SIM Card and a subscription service with Saudi Mobile Telecommunications Company (“Zain Saudi”). Each SIM Card shall only be eligible to have one Account associated with it. Zain Payments reserves the right, at its sole discretion and at any time, to change the Terms to include individuals residing in the KSA but who do not have a Zain SIM card or subscription service with Zain Saudi.
Registration to the ZP Wallet Services can be completed through the ZP Wallet App.
Registration to the ZP Wallet Services is subject to the collection of complete KYC information and validation of Customer's identity in accordance with SAMA regulations.
ZP reserves the right, at any time, to undertake all relevant steps and procedures necessary to ensure compliance with all relevant and applicable SAMA KYC requirements.
The Customer certifies that all information provided is correct, complete and precise.
ZP reserves the right at any time to reject an Application request in the event of any discrepancies or inaccuracies in the information or documentation provided by the Customer.
Upon registration to ZP Wallet, the Customer will receive a confirmation message that verifies the successful creation of the account.
Upon registration to ZP Wallet, the Customer will receive the Activation Code that must be inserted into the App in order to activate the Account. The Customer can change the Activation Code at any time and should do so immediately for security purposes.
The Customer is solely responsible for the accuracy of the information provided in the Application for ZP Wallet. If the information provided by Customer is determined to be incorrect, erroneous or misleading, ZP Wallet retains no responsibility and is not liable for any consequences that may result from the provision of such incorrect, erroneous or misleading information. If the Customer has actual or constructive knowledge regarding the inaccuracy of the information provided about his Account, the Customer must notify ZP by contacting Support@tamam.life as soon as possible. If ZP discovers that the information provided by Customer is false, erroneous or misleading, ZP reserves the right to terminate the Customer’s Account at any time, with or without notice. A termination by ZP will be effective immediately or as may be specified in a notice from ZP. Termination of the Customer’s Account will include disabling the Customer’s access to the APP.

ZP Wallet Conditions

The amount of money that can be stored at any point of time in a ZP Wallet Account shall not exceed SAR 5,000 per month for Customers in accordance with current SAMA regulations. This limit is subject to change from time to time in accordance with the latest SAMA regulations.
The Customer’s ZP Wallet Account will remain active for 180 days from the last transaction or the date of Account activation, and any remaining amounts in the Wallet shall be declared dormant until re-activated once again and reclaimed by the Customer.
In the event of loss or damage to the SIM Card on which the Customer’s number is assigned, the Customer should inform ZP immediately through the Customer Care Live Chat Support on the App to block the service to prevent unauthorised use of ZP Wallet services until the SIM Card is recovered. The Customer can also transfer his Account from one SIM Card to another after ZP verifies that there are no legal implications that may arise due to SIM Card suspension as a result of unauthorised activities. Such unauthorised activity includes but is not limited to fraud, money laundering, terrorism financing and blacklisting. The onus of acquiring the replacement SIM Card will be solely on the Customer.
By applying to the ZP Wallet, the Customers give their full consent and authorisation for ZP to request Customers data from Zain Saudi or any financial agency or institution or any consumer reporting agency to access financial records or other financial information, in order to conduct an investigation or to determine Customers eligibility.  
Customers give their full consent and authorisation for ZP to request KYC personal information from ABSHER or Zain Saudi or any other governmental institution to determine and evaluate the individual’s identity and legal capacity to commit him/herself to the obligations stated in these Terms and Conditions.
ZP has no right to disclose any personal information, documents or details of any activities in the Customer’s Account except when requested by a governmental entity specialised in combating fraud, money laundering and terrorism financing.
The Customer shall abide by any related ZP Wallet instructions issued by ZP from time to time.

Suspension and Closure of Account and Services:

ZP reserves the right to suspend or discontinue ZP Wallet services either, wholly or partially, or to block, restrict or terminate the Account or suspend the usage of any Activation Code at its discretion, at any time and without any responsibility toward the Customer in the following cases:

1. If ZP has a reason to believe that the Customer’s mobile, line or code used to obtain ZP Wallet Services are used contrary to what has been disclosed or used for illegal activities.  
2. In case any specialised legal, regulatory or governmental party or any other comparable authority starts an investigation or undertakes regulatory, administrative or executive procedures against the Customer or any other act that ZP believes may harm ZP’s corporate image.
3. In case the Customer does not abide by the conditions, regulations or relevant instructions of using ZP Wallet services including the usage terms.
4. In case the Customer has informed ZP that the SIM to which the ZP Wallet is linked has been lost or stolen or that the Activation Code has been improperly disclosed to another person.
5. Upon receiving a request from the Customer for Account closure.
6. For technical failure, modification, upgrade, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
7. For any suspected violation of the rules, regulations, orders, directions, notifications issued by SAMA from time to time or for any violation of the Terms and Conditions mentioned in herein.
8. If ZP has reason to believe that termination/ suspension is necessary at its discretion. 

ZP is not accountable towards the Customer against any loss, defect, direct or indirect damage caused by any conduct, or Customer’s oblivious as to the status of their Account in the event of closure or suspension. 
The Customer’s Credit Account is his privilege during his life span. In the event of a Customer’s death, the remaining balance will be the privilege of his legal inheritors. This will take legal effect after his legal inheritors submit a valid death certificate to the customer care centre.
In case there is any defect in operating the service that falls within ZP’s responsibility for any reason, ZP will be committed to mitigating the impact of the damage to the App if any.

Service Charges

The Customer shall pay the Service Charges prescribed by ZP Wallet in the form and manner prescribed for such payment. ZP may at its discretion, change, amend, increase, modify or reduce the Service Charges from time to time with due notification to the Customer. ZP will be committed to announcing the changes of the available services in many ways such as but not limited to through the Apps, websites, newspapers, text messages and brochures.
The ZP Wallet Account will enable the Customer to engage in the following activities: 

• ZP micro-lending
• ZP Wallet Account to bank account transfer.

After completing each ZP Wallet activity, the sender will receive an SMS text message that includes a description of the financial transaction of the most recent credit balance on the Account. All registrars in ZP Wallet system are subject to a rebuttable presumption of accuracy.

Security and Unauthorized Usage

Each Account has one Code by which the Customer can access the account.
The Customer shall be solely responsible for the confidentiality, safety and security of their code and other credentials. 
The Customer shall be solely responsible for the consequences arising out of disclosure of the code and/or the unauthorized use of ZP Wallet Service. In case the Code, mobile phone, or SIM Card   associated with ZP Wallet Services is lost, misplaced or otherwise compromised, the Customer shall promptly inform ZP Wallet by sending an email to support@tamam.life where after the ZP Wallet Account will be blocked and new Credentials will be issued to the Customer after the requisite validation. 
The Customer is responsible for protecting their mobile phone and its correct use and is also responsible for maintaining the secrecy of the Code and all ZP Wallet transactions completed through the code per se. 
The Customer has the right to change the Code of his Wallet through the service menu on the App or through other means. In any case, the Customer must identify themselves upon any ZP Wallet transaction by using his mobile phone and Code. The Customer is prohibited from disclosing the Code to anybody, including the Customer Care employee or Customers Care Center.

Customer’s Obligations

The Customer is responsible for all ZP Wallet transaction charges accessed by using the Code including the calls and the other on-going activities through the mobile, whether activities implemented by the Customer or by another person commissioned by the Customer. 
The Customer is also responsible for all charges associated with wallet top-up, transfers, micro-lending and other activities.
The Customer shall not use ZP Wallet Services for any purpose that may be construed as contrary or inacceptable to any applicable laws, SAMA regulations, guidelines, judicial statements, ZP policy or public policy or for any purpose that might negatively prejudice the goodwill of ZP.
The Customer represents and warrants that all information entered into the ZP Wallet App or otherwise provided to ZP Wallet are true and complete, including personal information regarding the Account. When processing a transaction, ZP Wallet will rely on the registration information that was provided by the Customer. 
The Customer acknowledges that any errors in the information, including misidentification of beneficiary(s), incorrect or inconsistent Account names and numbers, or misspellings, are his/her/its responsibility and that ZP Wallet shall have no liability for executing a transaction based upon the inaccurate or incomplete information provided or entered by the Customer.
The ZP Wallet App services are intended to be used in the Kingdom of Saudi Arabia. Specifically and without limitation, the Customer understands and agrees that he may not use the Service where it is (a) induced by or involving the proceeds of crime, fraud or other improper activity; (b) sent for the purpose of gambling, including placing bets or paying winnings; (d) which ZP determines is suspicious or may violate applicable law or regulation, including laws intended to detect and prevent Money Laundering, terrorist financing, human trafficking, fraud, or to enforce currency or exchange rate controls. 
The Customer agrees that he will only request a transaction that complies with these terms and conditions.

Data Protection and Confidentiality

Privacy of communication is subject to the terms granted by SAMA and its resolutions and circulars. The Customer agrees that in order to facilitate the provision of ZP Wallet Services. ZP may be required by law or otherwise to disclose any information or details about the Customer to any governmental authority or when disclosure is made with the written consent of the Customer.
The user graphics, brand names, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of ZP Wallet Services provided by ZP (the "Materials") are protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property rights. 
Any information relating to the Customer is generally used to provide and improve ZP Wallet Services.
Personal and financial information of Customer can only be accessed and used by authorized employees.
The creditor bank keeps all payment information and other funds received in the credit Account that is registered in the Customer’s Account (Credit Amounts) as confidential information. 
The Customer will be the only beneficiary of the Credit Amounts which are equal in value to the debited credit in the Customer’s Account. The Customer hereby approves of keeping the ZP Wallet 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 from the Credit Amount and the bank has the right to keep the benefits for its use for any purposes.
ZP shall utilise all reasonable measures to ensure that Customer Transactions and information remain secure and confidential. ZP makes no warranty of any kind about the system and the network or their function or performance, or for any loss or damage, whenever and whatsoever suffered or incurred by the Customer or by any other person resulting from or in connection with the use of ZP Wallet Services.

Disclaimer and Indemnity

The App, the materials on the App, any product or service obtained through the App are provided "as is" and without warranties of any kind, either express or implied to the fullest extent permissible pursuant to applicable law. 
ZP and its affiliates, licensors, suppliers, advertisers, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. 
ZP and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the App will be uninterrupted, error-free or secure, that defects will be corrected, or that the App is free of viruses or other harmful components. 
The Customer acknowledges that they are responsible for obtaining and maintaining all mobile, hardware and other equipment needed to access and use the App, and all charges related thereto. 
The Customer assumes all responsibility and risk for his/her use of the App and reliance thereon. No opinion, advice or statement of ZP, its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether or not made on the App shall create any warranty. The Customer’s use of the App and Services and all Materials provided through the App are entirely at his/her own risk.
ZP makes no express or implied warranty, guarantee, or undertaking whatsoever regarding the ZP Wallet Services, which are not expressly mentioned herein.
ZP shall not be responsible for any acts or omissions of any third-party including regarding services which are not expressly authorised by ZP Wallet.
ZP shall not be liable to any person for any delays, loss of business, profit, revenue or goodwill, anticipated savings, damages, fees, costs and expenses whatsoever arising, on ZP Wallet Services being unavailable/usage of the ZP Wallet Services or otherwise.
The Customer agree to indemnify, defend and hold ZP and/or related parties harmless from all claims, losses, damages, liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to the use or misuse of the ZP Wallet Services, for any violation of these Terms and Conditions, or any breach of the warranties, and covenants.

Changes of Terms and Conditions

ZP has the right to make any changes to these Terms at any time. ZP shall provide the Customers with an updated copy of the Terms, and an announcement of such changes will be published in a newspaper, SMS, ZP website, ZP Wallet App or any other suitable media outlet which will be sufficient for the Customer to be officially informed.
The Customer’s continuous use of the ZP Wallet Services following the announcement of the changes to the Terms are considered as an acceptance of the changes.
The Terms herein shall be subject to the notifications/ guidelines issued by SAMA, from time to time.

General Terms and Conditions

The Customer should pay all charges of restoring debited amounts including any applicable service fees. 
The Customer should inform ZP immediately of any changes to his/her personal information in the registration request form.
Any dispute with or complaint against any financial services provided through the ZP APP must be directly reported by the Customer by sending an email to customercomplaints@[xxxxxxxxx] and [Telephone number ]. ZP may investigate the allegation and determine in good faith, in its sole discretion to resolve any disagreements fairly and amicably. 
In the event of any dispute, ZP Wallet records shall be binding as the conclusive evidence of the transactions carried out through the use of ZP Wallet Services.
ZP owns all copyrights, trademark, other all other intellectual copyrights in the Materials and the Customer hereby agrees that he has no right to use or claim such rights.
The Customer agrees to receive SMS messages from ZP through the mobile defined in the registration request form.
These Terms (or any amended copy) are considered an agreement committing the Customer or his representatives to the terms and conditions stipulated herein.
These Terms may not be transferred or referred to any other person except the Customer addressed in the registration form.
All rights and reparations mentioned in this agreement are accumulative and do not exclude any rights or reparations stipulated by the law.

Applicable Law 

This contract is subject to and interpreted according to the laws and regulations of the Kingdom of Saudi Arabia (“KSA”), and all conflicts emerging herewith will be referred to the KSA courts.

Customer Consent

I hereby declare that I have read the above and clearly understand the content. By agreeing to the above I acknowledge and agree that: 

1. I authorise ZP to access my personal information via ABSHER platform or from Zain Saudi or any other governmental institution; 
2. I authorise ZP to access my financial records for purposes of credit scoring via SIMAH;
3. I acknowledge that it is my responsibility to review my Account statements and related notices promptly upon receipt of related notification; 
4. I agree to pay ZP any outstanding credits, fees or taxes that have been incurred on my Account; 
5. I agree to be responsible for any damages, costs or termination of the Account incurred by my failure to acknowledge my Account statements and related notices; 
6. I agree to notify ZP in writing or by telephone of any changes to my Account information or other information that I have provided in connection with these Terms.