AsiaHawala Mobile Money Services - Terms & Conditions (Customer)

Asia Wallet (‘AH) shall provide subject to Terms and Conditions set out herein, mobile Money Services (‘Services’). AH is registered company ( Reg NO 2660 dated 11/05/2014) and authorized and licensed by the Central Bank Of Iraq to provide Mobile Money services according to the license number 2 dated 22/12/2015. Address: Faruk Holding Group Building, 4th floor, Salim Street, Sulyamniya, Iraq. Customer needs to read and agree the below terms and conditions as follows:

1- Applicability of Terms and Conditions

These terms and conditions together with the application made by the Customer and as accepted by the AH shall form the contract between the Customer and the AH . This agreement shall supersedes all prior agreements between the customer and AH.

2- Services to be provided by AH:

Financial services through Mobile Money will be included, but not limited to the following:

  1. Cash-In: The transaction where a subscriber usually deposits any amount in their account by going to any designated distributor/POPs.
  2. Cash-Out: The transaction where a subscriber usually withdraws any amount from its wallet
  3. Money Transfer: between customers per the limits set by CBI.
  4. Bill payment: through mobile.
  5. Salary disbursement: for employers from both private and public sectors.
  6. Air time top up: purchase and top-up mobile balance for Asiacell SIM cards for the customer himself and others.
  7. Merchant payments: through registered markets/shops.

3- Service start date and duration of the contract:

Services will be provided from the date of approval of registration of the customer and will be valid until terminated in accordance to this agreement.

4- Registration process and usage of wallet account:

  1. Ensuring that any transaction carried out by the Customer has been done through a mobile number and only completed after PIN entry. Customer must take all necessary measures to protect its PIN. PIN number must not be repetitive number ( 1111) or Sequential (ascending or descending 1234 or 4321).
  2. In case the wallet was used by any third party by entering your PIN with your consent or without, we consider the transaction is correct and done with your consent.
  3. Entering the PIN incorrectly for more than three time will result in suspending the services automatically and temporarily. The wallet will only be activated after the customer call the Customer Care of AH or visit main shops of AH and after going through rigorous verification process then the account will be activated.
  4. Customer has right to withdraw its money in the wallet and exchange it into cash at any time provided that the Customer has the balance to cover the transaction. AH has right to reject any transaction that doesn’t cover the value of the transaction. 
  5. AH will set threshold for each type of wallet in the system as per the profile of the customer (whether individual or companies). Transaction must not exceed thresholds set out by AH. The threshold will be set as per instructions of CBI.
  6. AH commits to complete any transaction as soon as possible, AH will not be responsible or obligated to the customer directly or non-directly for any delay in any financial transaction occur for any reason beyond the control of the AH including halt or interruption in the service provided by any third party, or any interruption or problem in coverage .
  7. Changing ownership of the wallet number will be performed after taking written consent from AH and after finalizing procedures of changing ownership of the SIM card with AC. AH will not take any liability for noncompliance with this clause.
  8. Personal wallets shall not be allowed to be used for charity purposes / collection of donations. For latter purposes an organization can open charity account to raise fund or collect donation after fulfilling requirements set out by AH relating to charity account.
  9. AH will inform the customer of its rights and responsibility including placing a board in places where the services will be provided.
  10. Asia Money guarantees only the right to use the service for the duration of subscription and use of the service by the customer and does not give the right of ownership to the Customer

5- Role and responsibility of AH:

  1. The Customer irrevocably and unconditionally authorizes the AH to access all the Accounts of the Customer for effecting, improving, and maintaining Mobile Money Service and/or monitoring transactions as requested by lAH.
  2. The Customer further authorizes the AH to share the Account information with third parties if necessary, for the purpose of accepting / executing request of the Customer or for any other reasons may deem necessary by legal authority such us regulators, police, etc…
  3. AH retains the right to terminate any account if it is found that the customer uses the service in any unusual manner or illicit or doubtful that the customer may abuse the service or raise suspicious to the AH. AH will not be responsible for such uses of the system.
  4. AH reserves the right to stop temporary services or send promotional or incentive offeres of AH at any time as seen necessary by AH.
  5. AH retains the right to send SMS or promotions to its subscribers about any update AH may found necessary for its subscribers.

6- Role and responsibility for End user (customer):

Customer warranties the following:

    1. Customer represents that information provided to AH for registration purpose is true and correct.
    2. The Customer agrees for his information to be used as a database. AH may use, storage, analysis, transfer and sharing this information with all persons when necessary  without seeking your approval. Customer further agrees that the use of your information in this way and agree to use data for marketing activities and advertising portfolio with AH and its partners.
    3. Comply fully with all applicable lAHs, regulations, instructions, orders, directives, guidelines and bylAHs  related to this services issued by competent authorities which will be published through media and telecommunications.
    4. Customer undertakes that he hasn’t registered to use this service through fraud. If found that the Customer has registered under any other name, whether an individual or other legal entity, he/she will be fully responsible for the result of fraudulent activity. The abuse of the service will lead to termination immediately, and the matter will be reported to the competent authorities.
    5. The services must not be used for any illegal activity as specified in Iraqi laws.
    6. Use of the services is subjected to other conditions determined by the CBI or any other regulatory or governmental authority from time to time.
    7. Customer undertakes of his awareness that the service is not transferable or can be waived to third party. AH will not be responsible for any costs or damages (whether direct or indirect), or for the loss of the income or loss of profits or any subsequent loss as a result of the transfer or conversion service to any third party.
    8. Inform AH immediately in case of receiving any incomplete data or inaccurate information, or received any irrelevant information or transaction. Such data/information must be deleted immediately. 
    9. Customer warranties that he is the only entitled person to use the wallet and all activities performed in the wallet was conducted with his/her knowledge and acceptance.

7- Disclaimer of Liability

The AH shall not be responsible for any failure on the part of the Customer to utilize the services due to the Customer not being within the geographical range within which the Services are offered. If the Customer has reasons to believe that his Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorized transaction in the account and / or the mobile phone is lost, customer shall immediately inform the AH by calling Customer Call Centre or visiting the nearest Asia Wallet shops.

The Customer agrees that AH shall not be liable if

      1. The Customer knowingly or recklessly shares the PIN with third parties, which may result in improper use of the services
      2. The Customer has breached any of the terms and conditions herein
      3. The Customer has contributed to or the loss as a result of failure on the part of the Customer to advise AH within a reasonable time about un-authorized access or erroneous transactions in the Account.
      4. as a result of failure on the part of the Customer to advise the AH of a change in or termination of the Customer’s Mobile Phone Number.
      5. Under no circumstance, the AH shall be held liable if the Services are not available for reasons including but not limited to natural disasters, legal restraints, error & omission by the mobile network provider, network failure, third party service provider or any other reason beyond the control of the AH.
      6. The AH shall not be liable under any circumstances for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever  and whether sustained by the Customer or by any other person.
      7. Illegal, disturbance, or improper use of the services shall render the Customer liable for payment of financial charges or fine as decided by the AH or the suspension of the services to the Customer. In addition, Customer agrees to use this service strictly as it’s designed for and in accordance to the AH instructions.
      8. Any use of the system for the purpose of money laundering or terrorist financing will result in reporting the matter to the designated authority and eventually the suspension or termination of the service to the Customer.
        1. The Customer permitting any third parties to use the services
        2. the Customer permitting any other person to have access to his mobile phone or as a consequence of leaving the mobile phone unattended or loss of mobile phone.

8- Determination of Responsibility

9- Fees (service charges)

By using the Service you authorize AH to debit your account with transaction fees. Transactions, fees and charges will be shown on the Customer’s statement, mini statement, or on a transaction record of the AH system. The AH shall have the discretion to charge such fees/service charges as it may deem fit from time to time and may at its sole discretion, revise or amend the fees/service charges for use of any or all of the services with or without prior notice to the Customer. The Customer may also incur charges to the mobile network operator as a result of using the Services. Any such charges are solely the Customer’s responsibility.

10. Modification

The AH has the absolute discretion to amend or supplement any of the terms and conditions at any time and such amended terms and conditions will immediately apply to and be binding on the Customer.

11- Termination

  1. The Customer entitles to terminate the service provided by AH at any time after cashing out the remaining balance in the wallet/account. The Customer shall give a reason for the closure of his/her wallet. In case of sub account holders, the account will not be closed without the approval of the Authorized Account Holder (AAH).   The Customer will remain responsible for any transactions made through his/ her wallet prior to the time of such cancellation of services or closure of the wallet.
  2. The AH will terminate any account /wallet if wrong or misleading information or fake documents were presented during registration process or Customer performs any illegal actions which may harm the AH.

12- Applicable law and dispute settlement:

This contract is subject to and construed in accordance with the laws in force in Iraq and instructions issued by the Central Bank of Iraq and other stakeholders in matters that fall within its jurisdiction and subject to disputes and matters pertaining to the contract for Iraqi courts.