General Terms and Conditions to subscribe with Mobile Telecommunications Company services, (Zain)
First: definitions and expressions:
1. Company: Means Zain (Mobile Telecommunication Company), its branches, authorized agents (Distributors and Franchised branches) locally and abroad. 2. Customer: Means any legal person (individual or corporate) that has the capacity and performance of duty, in accordance with the law. 3. Device: Means mobile phone devices or data transfer devices (internet devices) or any other device that may appear in future adopted by Zain. 4. Fees: Means fees of the Services and subscriptions dues to Zain for the Services provided to the Customer including the currently applicable taxes and/or any future taxes. Zain has the right to change or amend such fees at any time without giving any notice. 5. Official Authority: Means an authority supervising relevant matters and regulating communications services inside the state of Kuwait. 6. Services: Means all services, products and promotions currently offered by Zain and in the future which the Customer may requests to subscribe, including value added services. 7. Addition of Services: Services are provided and/or added by Zain's branches, distributors, franchisees, call center 107, short messages, website, electronic applications, value added services and/or by any other means that may be available in future. 8. Service contract: Means any written or electronic agreement, form,, terms and conditions of Service that the Customer completes and is bound by the agreement's terms and conditions. The term Service Contract shall also include the Services that the Customer requests to subscribe through short messages/call center, electronic devices applications, website, or value added services. 9. Usufruct: Zain's Services cannot be owned by Customer but the Customer is granted the right to use of such Services as long as the Customer adheres to the Service terms & conditions.
Second: terms and conditions of the Service:
1. Zain provides the Customer with the required service as per the conditions and procedure of the company and technical methods of use, which constitute an integral part of these terms and conditions. Services are provided through the available channels for requesting such Service. 2. Zain will not change/ amend/ cancel any Service systematically unless the Services are no longer available, are permanently cancelled, and no longer provided by Zain, Zain shall remain entitled to any amounts due that were incurred from the cancelled Services. 3. All Services are added according to Customer's request and through available channels (branches, contact center, website, short messages, value added services, electronic applications of smart phones..... etc.). 4. This subscription is for personal use only. The subscription shall not be used for commercial/political/ advertising... etc. purposes. Except as is allowed by Kuwait's applicable regulations. The Customer will be solely liable for all consequences arising from the breach thereof. 5. Only devices recommended by Zain as per its regulations shall be used. 6. It is not allowed to use or allow others to use Zain Services for any purpose that is in violation of the law or the local traditions or in a manner that violates the security and stability of the State or to provoke sectarian strife. 7. The Customer is fully liable legally and financially for adding Zain's Services as per the available Addition of Services methods. The Customer is also legally and financially liable for the use of Services whether voice/ text/video/ data services/ roaming Services and international calls/ value added services or any other Services that may be requested by the Customer to be added in the future, subject to individual fees for each Service whether in Kuwait or abroad. 8. The Customer is fully responsible for any legal and/or financial liability that may arise as a result of the loss and/or theft of SIM, mobile phone, and the mobile applications. The Customer undertakes to take the necessary action for obtaining another SIM or to discontinue the line. 9. Zain reserves the right to refuse the provision of any of the Services without cause or reason or as a result of Customer's failure to settle any past due amounts due to Zain. 10. It is the Customer's responsibility to be aware of the subscription's services and fees. Claims that the Customer was unaware of the Services and/or their fees shall be immediately waived upon use of Service. 11. All unlimited Service offers are subject to the fair use policy.
Third: Subscription Period Conditions and the Temporary and Permanent Disconnection thereof:
1. The Customer's continued adherence to the Service terms and conditions shall ensure the continuation of providing of such Services. Zain has the right to terminate the Service immediately in the event that the Customer breaches these conditions, or when the Service offer expires or if the commercial feasibility of the offer declines. 2. Zain will continue to provide the Services throughout the Service Contract term, unless interrupted due to any sudden causes. The Customer acknowledges that the Service might be negatively affected from time to time, due to the sales/network pressure or weather conditions or any other causes that hinder its performance including unannounced maintenance of the network or the Services, or by the supervising authority or due to any sudden technical problems. 3. Zain has the right to reallocate the line after lapse of the fixed termination period without trying to re-connect it. The Customer should pay the charges due on the line and the subscription amount during the grace period. Reallocation of the line shall be made after termination of Service, upon expiry of or termination of the Service Contract (due to any reasons) or if the Customer was in default of any of its legal or financial obligations. 4. Zain has the right to take the suitable action including termination of the Service and initiate proceedings against the Customer if proved that the line was misused or upon the request of Government or public authorities. Zain will not be liable for any direct or indirect loss or damages that the Customer may incur. 5. The Customer has the right to assign or transfer the line or Service to others as per Zain's procedures upon payment of all financial dues for use of Service. 6. Zain's Procedures govern the temporary or final suspension and/or termination of Service. The Customer undertakes to pay all amounts resulting from using the line as per the Service or offer's procedures and fees. 7. The Customer declares that he/she understands that Zain has the right to terminate the Services temporarily or permanently in the following instances: • In case of system breakdown due to technical reasons beyond Zain's control or maintenance, or force majeure. • If the Customer violates the Service Contract or future terms and conditions. • If the Customer fails to use the prepaid line within 14 days from date of purchase or Customer fails to recharge the prepaid line within 67 days from the prepaid line's expiration date or the Customer fails to use the prepaid line for a consecutive period of 6 months despite prepaid line's validity and available credit. In the event that any of the above occurs and without further liability on Zain, Zain shall be entitled to terminate the Service and reallocate the line to another customer and confiscate any and all available credit balance. • If Customer's invoice exceeds normal Service use in accordance with Zain's regulations posted on Zain's website.
Fourth: rules of warranty term:
1. Zain shall provide Manufacturer and/or Distributor warranties to devices not detected or impaired due to misuse. Any and all laws, ministerial regulations and orders issued by an official authority related to the sale or replacement or return of commodities shall be applied as per Zain procedures.
Fifth: general rules:
1. Zain will not disclose personal details of the Customer or his/her communications except in their presence personally (subject to specific administrative fees) or in accordance with a general/special official power of attorney or as per the local laws of the country or as per the request of the public State or judicial authorities of the country. In this regard, the Customer herewith authorizes Zain to disclose the Customer's personal information and details of the Customer's calls in the previously mentioned situations. The Customer hereby undertakes the responsibility for use of Zain's application/website, whether used by the Customer or by any of the subscriptions users that are registered under the Customer's name for the extraction of any data or call trace without any liability towards Zain. 2. The Customer declares and understands that Zain guarantees the Customer with foreign companies and third parties to provide roaming Service. Therefore the Customer agrees to pay any amounts charged in this respect, whether during the term of the Service Contract or after the Service Contract's expiration for any reasons, including: any delays in calculating and including the charges in the Customer's invoice, due to any technical reasons or reasons outside the control of Zain and/or in case of disconnection of the Service permanently. 3. The Customer understands that the prices of international calls are subject to international agreements announced by the official authority. Additionally, Zain's administrative fees are also determined by the decisions of the official authority, The Customer further acknowledges that such prices and fees are subject to change by the official Authority at any time. 4. As exceptions to these conditions, each individual special offer may be provided with offer specific special conditions and procedures in respect of the term/ Service details, conditions of Service, prices, cancelation and cancelation fees. 5. Zain should be notified, without delay, within (7) days of any change in the permanent address of the Customer or its residency place. 6. The address/voice contact on the mobile phone number of the land line, short messages, E-mail, post correspondences are considered legal means for sending any notices or letters or notifications to the Customer. 7. Zain will publish any amendment and/ or change in the procedures, prices, offers on its website. Such publication is considered as notification of these amendments to the Customer. 8. The Customer understands that any refunds of any amounts that were paid in excess on the line (whether the subscription line is active or disconnected) are subject to Zain's discretion. Refunds, if made, shall be made in a manner that does not contradict with Zain's commercial interests or subjects Zain to legal liability to the official authorities. Such excess credit amounts will remain on Customer's balance until fully utilized by the subscribed Services in accordance with Zain's procedures and without any liability towards any third parties. 9. The use of the Customer's line by another user other than the Customer, whose data is registered in Zain information system, will not relieve the Customer from its responsibility for any misuse or any charges incurred on the line. 10. This Service Contract is subject to the laws and the decisions regulating the communications Services inside the state of Kuwait with full jurisdiction to the courts of Kuwait. In the event that Zain turns to the court to demand payment, the Customer shall pay for the judicial fees, lawyers' fees and collection commission arising out of such demand. 11. These clauses represent the general conditions of Zain Services. Additional specific terms and conditions may apply for Zain's other offers. 12. In the event of any conflict between the Arabic version of this Service Contract and the English version, the Arabic version shall prevail.