Please take the time to read these Terms and Conditions carefully before availing of the Services as they set out the key terms and conditions which will govern the relationship between Zywa and you and your use of the Platform and the Services.
The Agreement will be binding upon you when you enter your telephone number on the Platform and click “Accept Terms & Conditions”. By accessing and using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, as amended from time to time. If you do not agree with these Terms and Conditions or any other part of the Agreement, you must stop using or accessing the Platform immediately. If you are using the Platform on behalf of a third party, you warrant that you are authorized and have the authority to bind that third party to these Terms and Conditions and the Agreement.
The following terms are used throughout these Terms and Conditions and have specific meanings when used in any part of the Agreement:
“Account” means the account that the User creates through the Platform to use the Services;
“Beta” means a limited version of the Platform offered by Zywa
“Business Day” means a day on which banks in the UAE are open for business (excluding Saturdays, Sundays and public holidays);
“Content” means any content submitted, generated, featured or displayed through the Platform, including but not limited to, any User Profile, transaction description, text, information, correspondence, graphics, software, applications, video recordings, audio recordings, sounds, company logos, photos, designs, features, and other materials that are available on the Platform. Content includes, without limitation, User Content and Zywa’s Content;
“Offer Terms and Conditions” means separate terms and conditions, which apply in addition to these Terms and Conditions, that Zywa may publish from time to time in connection with the operation of, and a User’s participation in, an offer, give away or promotion;
“OTP” means a one-time password sent to a User’s designated mobile telephone number in connection with the Services;
“Parent” means a User who has a child between the ages of 13 – 19 years old
“Partner Bank” means an entity regulated by the Central Bank of UAE who has partnered with Zywa to create accounts for Users, store all monetary values, ensure regulatory compliance.
“Platform” means any online tool provided, processed and/or maintained by Zywa (including, but not limited to, all subpages and subdomains, all content, Services and products available at or through Zywa’s website, Zywa’s mobile application and/or any other related domain offering access to, or facilitating the provision of, the Services);
“Teens” means a User who is between the ages of 13 – 19 years old
“Terms and Conditions” means these terms and conditions, as varied, supplemented amended and/or restated from time to time;
“Third Party Content” means any content other than User Content or Zywa Content;
“UAE” means the United Arab Emirates;
“User”, “you” and “your” collectively mean the person or entity that has visited or is using the Platform and/or the Services. A User may be a Parent, a Teen, a Youth, all of them or none;
“User Content” means any content, written or otherwise, created, submitted, generated, featured and/or displayed by you while using or through the Platform (including but not limited to, any User Profile, review, transaction description, text, correspondence, photographs and videos);
“User Profile” means a personalized profile created by the User on the Platform which includes information such as a username and mobile number) publicly accessible on the Platform;
“Zywa”, “we”, “our” and “us” means Zywa Payments DMCC, UAE
“Zywa Card” means any prepaid payment card which may be issued in connection with the Zywa Wallet, in either virtual or physical form;
“Youth” means a User who is between the ages of 20-25 years old;
“Zywa’s Content” means any content (including but not limited to, the name, trademark, and logo of Zywa; all information about Zywa and its employees; any text, correspondence, photographs, graphics, applications; any video recordings, audio recordings, sounds, designs, features, and other materials) generated by and/or belonging to Zywa; and
“Zywa Wallet” means a digital wallet maintained by Zywa on behalf of a User on the Platform and linked to the User’s Account.
Zywa is a Platform which enables Users to create an account to manage money.
We do not store any money, and all transactions are processed via our Partner Bank.
All transactions in or through the Platform are denominated in UAE Dirhams (AED).
Zywa card can be funded by the registered and KYC’d parent of the teen over the Zywa app.
The Zywa card can be used for cash withdrawal and balance inquiry, throughout the UAE as well as for international ATM withdrawals and balance inquiry transactions. Service charges will apply.
The Zywa Card can be used for transactions within and outside the UAE at all merchant locations where the payment scheme (UPI or Mastercard) is accepted.
The Zywa card can be used for transactions on e-commerce platforms as well, subject to the acceptance on the payment gateways configured on the online merchant platforms.
There may, from time to time, be specific technical requirements in relation to your equipment and software, which will need to be met in order for you to access the Services. Any such requirements will be specified on the Platform.
Changes to the Agreement
You agree that Zywa may amend the Agreement or any part of it from time to time, and in Zywa’s sole discretion. Zywa will, where possible, provide you with 7 days’ notice of any amendments to the Agreement.
Zywa will publish any amendment or change to the Agreement or any part of it on the Platform and will specify the date on which such amendment becomes effective. Your continued use of the Platform and/or the Service after the stated effective date constitutes your acceptance of the relevant revised document, amendment or change.
You agree and undertake to review the Agreement each time you visit our Platform and/or prior to each use of the Services. If you do not agree to the Agreement, as updated from time to time, you undertake to cease using our Platform and/or Services immediately.
Eligibility, Account Registration and Account Types
In order to use our Services, you are required to create an Account with Zywa by providing certain information, including your phone number, valid Emirates ID (both front and back sides). Each Account should have a unique username and PIN .You can upload a profile photo if you wish to do so.
Each User may only have one personal Account (subject to completion of all Zywa onboarding requirements and any applicable legal or regulatory requirements).
To create a personal Account, you must be a resident of the United Arab Emirates, be at least 10 years old and use a cellular/wireless phone number that is registered in your name. It is mandatory for the user’s parent to join the Zywa app and undergo KYC according to the laws of the Central Bank of the UAE.
Your Account, including any information pertaining to it, is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account.
By creating an Account or using the Services, you consent to us contacting you about your interest in our Services by email, phone, or through any other contact information you have chosen to provide. If you do not want to receive offers from us, please ensure that you have not consented for the same, during registration process.
We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the sign-up process or thereafter proves to be inaccurate, false or misleading, in connection with any legal or regulatory requirement or to reclaim any username that violates the Agreement.
You may request that we close your Account, unlink your payment methods and/or terminate your relationship with us at any time by contacting us at care@Zywa.co. Your request may take up to 30 Business Days to process. You will remain liable for all obligations related to your Account even after your Account is closed.
If you hold more than one Account in the name of the same legal person, even if holding such Accounts is in breach of the Agreement, you authorize us to combine and/or consolidate any such Accounts and/or set off money owed to us in respect of one or more Accounts against amounts to which you are entitled on any other one or more Accounts.
Each User is responsible for maintaining the security of their Account/ Each User undertakes to provide accurate and complete information and keep their Account information and their Account updated. Users must not share their pincode or any OTP with any third party. You assume the entire risk for any fraudulent, unauthorized or otherwise improper use of your Account and/or password. Zywa shall be entitled to rely on the genuineness and authority of all instructions received by it when accompanied by such pincode and/or OTP, and to act on such instructions.
Users agree to notify Zywa immediately of any unauthorized use of their Account, or any other breaches of security. Users are fully responsible for use of their pincode, any OTP, Account and username, or registration, whether by themselves or others.
Zywa is authorized to act on instructions received through use of an Account or the Platform, and is not liable for any loss or damage arising from a User’s failure to comply.
If we identify or are notified of any security threat, actual/suspected fraud or any other irregularity in respect of your Account, we may place a stop on your Account.
By accepting the Terms and Conditions, each User hereby expressly authorizes us and our Partner Bank directly or through third parties, to make any inquiries we consider necessary to validate the User’s identity and Account information and, for business Accounts, the User’s company information;
User Conduct Rules and Restrictions
In connection with your use of our Platform, your Account, the Services, or in the course of your interactions with us, other Users, or third parties, you must not (i) breach the Agreement or any other agreement between you and us; (ii) violate any applicable law or regulation; (iii) provide false, inaccurate or misleading information; (iv) refuse to cooperate with us to correct an error related to your transactions; (v) refuse to cooperate in an investigation or to provide confirmation of your identity or any other information ; or (vi) use the Services in a manner that results in or may result in complaints or disputes.
You further agree that you will not, under any circumstances, transmit any Content that (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, anti-national, anti-governmental, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of the Platform or any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Zywa and/or any third party; (vi) infringes on any proprietary right of Zywa and/or any third party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of Zywa’s employees or representatives; or (viii) violates the privacy of Zywa and/or any third party.
By accessing and/or using the Platform and/or the Services, Users represent and warrant that: (i) they have the authority to validly enter into and/or be bound by the Agreement; (ii) their use of the Services will be solely for lawful purposes that are permitted by the Agreement; (iii) their use of the Services will comply with all applicable laws, rules, and regulations, and with the Agreement; as amended from time to time.
Zywa has the right to, in its sole discretion, determine whether or not any User conduct is appropriate and complies with the Agreement. You agree that Zywa has the right to terminate or deny access to the Platform and to any Services for any reason, with or without prior notice.
We are not responsible for any display or misuse of your User Content. You are solely responsible for the content of, and any harm resulting from, any User Content that you submit, post, upload, link to or otherwise make available on the Platform while using the Service. You acknowledge that any liability, loss or damage that occurs as a result of any such User Content is solely your responsibility. You further undertake and agree to indemnify and hold us (and any third party) harmless from any liability, loss or damage that may occur as a result of any such User Content.
Zywa may allow Users to include comments, GIFs or photos. Zywa may also enable Users to submit their reviews of the Services and their experience with Zywa; these comments and reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future Service. Zywa shall be under no obligation to display such comments and reviews on the Platform and may remove such comments and reviews from the Platform at any time at its sole discretion. Zywa will have no responsibility or liability of any kind for any comment or review you encounter on or through the Platform. Any use of or reliance on such comments and reviews is solely at your own risk.
All Content posted on the Platform, such as blog posts or reviews, is provided for information purposes only, with no assurance that such Content is true, correct, or accurate.
Users represent and warrant that they have the right to post all User Content they submit. Specifically, Users warrant that they have fully complied with any third-party licenses relating to User Content (if applicable) and have taken all steps necessary to pass through to end users any required terms.
Users agree and acknowledge that Zywa has the right to, in its sole discretion, view and monitor any User Content, and to determine whether or not any User Content is appropriate and complies with the Agreement, or refuse or remove any User Content that, in Zywa’s opinion, violates any Zywa policy or is in any way harmful, inappropriate, or objectionable. You further agree that Zywa has the right to make formatting, edits and other changes to User Content or the manner any User Content is displayed on the Platform.
Except for Content that originates from Zywa, Zywa does not claim ownership of any Content that you post, upload or link to the Platform. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content including without limitation profile photos, transaction descriptions, and reviews via the Platform, you however expressly grant Zywa and Zywa’s successors a worldwide, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, publish, reproduce, display, modify, adapt, and distribute such Content in connection with Zywa’s business and marketing purposes, including for the purposes of any promotion or offer that may be implemented by Zywa from time to time.
Promotions and Offers
You agree that Zywa may, from time to time, institute promotions or offers, which may or may not be directly related to the Services, and which may be subject to Offer Terms and Conditions.
You will receive said content from Zywa only if you have consented to receiving promotional content at the time of registration. You can revoke your consent at any time from your Zywa account user profile page.
The Offer Terms and Conditions will be published by us on the dedicated link available on our Platform and may also be sent to you by SMS and/or email, and you agree that your continued participation in a promotion or offer or your continued use of the Platform and/or Service after the publication date of the Offer Terms and Conditions constitutes your acceptance of its terms.
Any promotion or offer will always be subject to the provisions of these Terms and Conditions in addition to any Offer Terms and Conditions. In the event of any discrepancy or inconsistency between the Offer Terms and Conditions and the provisions of these Terms and Conditions, the provisions of these Terms and Conditions will take precedence.
A promotion or offer may include the participation of a third-party. In such case, you agree to review any terms and conditions imposed by the third party. Further, you agree that Zywa will in no event be liable or responsible for any act or omission of the third party, nor will Zywa be liable or responsible in any way for any losses, damages, expenses or other claims arising from any interaction with the third party or any third-party platform or service. Any use or interaction with a third-party or third-party platform or service is entirely at the User’s own risk.
By participating in a promotion or offer, you expressly grant Zywa an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit your name, persona, likeness, photograph, video, audio, promotion or offer information, and/or any quotes attributable to you throughout the world, including on the Internet, and at any time, in connection with the promotion or offer, in any and all forms of media, now known or hereafter discovered, and in any format, without any compensation, review or approval rights, notification or permission, and you releases Zywa from any and all liability related thereto. If you do not wish us to use your name, persona, likeness, photograph, video, audio and/or any quotes attributable to you, please inform us by sending an email to care@Zywa.co.
Third Party Content
As part of the Services, Zywa may provide you with convenient links to third party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to you and Zywa has no control over third party platforms or content or the promotions, materials, information, goods or services available on them. Zywa is not responsible for any Third-Party Content accessed through our Platform. If you decide to leave the Platform and access Third Party Content, you do so at your own risk and you should be aware that the Agreement no longer governs.
For avoidance of doubt, neither these Terms and Conditions or any other part of the Agreement authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.
Zywa retains ownership of all intellectual property rights belonging to Zywa, including any applicable copyrights, patents, trademarks and other proprietary rights in connection with Zywa’s Content. Other trademarks, service marks, graphics and logos used on the Platform may appear on the Platform as Third-Party Content. Zywa does not claim ownership of any intellectual property rights over any Third-Party Content made accessible through the Platform (including, but not limited to, any trademark or logo belonging to banks or financial institutions). These Terms and Conditions do not transfer from us to you any of Zywa’s intellectual property rights or any other intellectual property rights over Third-Party Content, and all right, title, and interest in and to such intellectual property will remain (as between the parties) solely with the respective owners of such intellectual property rights. Zywa reserves all rights that are not expressly granted to you under these Terms and Conditions.
The Zywa logo as displayed on the Platform is a registered trademark of Zywa; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Zywa.
If you believe that any material located on or linked to the Platform violates your copyright or other intellectual property rights, please notify us at care@Zywa.co. Zywa may without notice terminate a User’s access to (and use of) the Platform if, under appropriate circumstances, a User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Zywa or others.
We use email and electronic means to stay in touch with our Users. You agree and understand that Zywa may send you emails or Platform notifications or messages about the Services and your Transactions.
For contractual purposes, Users (i) consent to receive communications from Zywa in an electronic form via the Platform or via the email address they have provided to us; and (ii) agree that all Terms and Conditions, other parts of the Agreement, notices, disclosures, amendments to any of the foregoing and other communications that Zywa provides to them electronically satisfy any legal requirement that such communications would satisfy if it were in physical form or sent by traditional mail; and (iii) without prejudice to clauses 24.2(i) and 24.2(ii), the Users undertake to comply with clause 28.5 for any notification to Zywas.
We will communicate with you in English.
If you wish to terminate your relationship with us, you may do so by following the relevant steps on the Platform. If you wish to delete your Account data, please contact Zywa at care@Zywa.co. Zywa will retain and use your information as necessary to comply with Zywa’s legal and/or regulatory obligations, resolve disputes, and enforce Zywa’s agreements (including the Agreement), and Zywa will, following request, delete your full profile to the extent possible (if applicable).
All provisions of the Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Zywa makes no representation or warranty that the Services will meet your requirements; that the Service will be available at any particular time or location; that the Service will function in an uninterrupted manner or be secure; or that any defects or errors will be corrected. You assume full responsibility and risk of loss resulting from your use of the Service, Content or any other information available on or through the Platform.
Zywa does not make any warranty, guarantee, or representation as to any User. You are solely responsible for all of your communications and interactions with other Users with whom you communicate, interact or transact as a result of your use of the Services. You understand that Zywa is not required to screen or inquire into the background of any User, nor does Zywa make any attempt to verify the statements of Users. Zywa makes no representations or warranties as to the conduct of other Users. You agree to take reasonable precautions in all communications and interactions with other Users and with third parties with whom you communicate, interact or transact as a result of your use of the Services.
Release and Indemnification
Users agree to indemnify and hold harmless Zywa from and against any and all claims, demands, actions, losses, damages, assessments, charges, third party liabilities, costs and expenses which may arise as a result of(i) the User’s use of the Platform and theService or violation of the Agreement; (ii) any loss of profit, property or business reputation, or otherwise that may be caused as a result of a User’s use of any Service; (iii) a third party claim brought against Zywa on the basis of lack of authorization as contemplated under any clauses mentioned above; (iv) errors, mistakes, or inaccuracies of User Content and/or information available on or through the Platform; (v) the User’s infringement of any intellectual property rights of another User or a third party; (vi) any bugs, viruses, trojan horses, or the like, which may be transmitted by a User to or through the Platform; or (vii) any dispute, conflict or disagreement between Users or between a User and a third party in connection with any Services.
You hereby release Zywa from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of a dispute directly or indirectly related to the Platform, the Services or the Agreement between you and any bank or financial institution and/or between you and another User.
Users agree that in no event will Zywa be liable or otherwise, responsible, to you or to third parties for any damages or losses that may arise from (i) the failure, interruption or disruption of the Services or any other service to maintain a User’s access to the Platform, regardless of whether the service is provided by Zywa or a third party i; (ii) the quality, accuracy, timeliness, reliability, safety, performance of the Platform and/or the Services; (iii) the completeness or delays, breach, omissions, or interruptions in the delivery of any Services; (iv) errors, mistakes, or inaccuracies of any privacy settings, Content, Zywa’s Content and/or information available on or through the Platform; (v) any unauthorized access to or use of Zywa’s servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from Zywa’s servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party.
Notwithstanding anything to the contrary, Users agree that in all cases Zywa shall not be liable to a User for any actions, damages, claims, liabilities, costs, expenses, or losses whatsoever arising out of or relating to the Services and / or the User’s use of the Platform. In no event shall Zywa be liable to any User for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including without limitation, lost profits and opportunity costs).The provisions of this clause shall apply, to the maximum extent permitted by law, regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort or extra-contractual liability or otherwise. In the event that any part of this clause is held to violate any applicable law, then the parties agree that Zywa’s liability shall be excluded and / or limited to the maximum extent permitted by that law.
Governing Law: The Agreement and any access to or use of the Platform and/or the Services are governed by the laws of the Dubai International Financial Centre (the “DIFC”). Any dispute which may arise between a User and Zywa pertaining to the implementation or interpretation of the Agreement or any part thereof shall be amicably settled, failing which the courts in the DIFC shall have the exclusive authority to settle the same.
Severability: If any part of these Terms and Conditions or any other part of the Agreement is held invalid or unenforceable, that part of the Terms and Conditions or of the Agreement (as applicable) will be construed to reflect the parties’ original intent and the remaining portions will remain in full force and effect. Any failure on the part of Zywa to enforce any provision of the Terms and Conditions or any other part of the Agreement will not be considered a waiver of Zywa’s right to enforce such provision. Zywa’s rights under the Terms and Conditions and any other part of the Agreement will survive any termination of the Terms and Conditions or other part of the Agreement.
Assignability: Zywa may assign or delegate its rights or obligations under the Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any of your rights or obligations under the Agreement without Zywa’s prior written consent, and any unauthorized assignment and delegation by you shall be considered as null and void.
Notices to Users: Reports, statements, notices and any other communications may be transmitted by Zywa to Users via the email address provided by them. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by Zywa to the User to the email address provided by the User.
Notices to Zywa: Reports, statements, notices and any other communications may be transmitted by a User to Zywa at care@Zywa.co. All communications and notices shall be deemed to be received or served (as applicable) to Zywa when electrotonically received by Zywa at care@Zywa.co.
Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Terms and Conditions and not to any provision or section.
You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.