Terms & Conditions

The terms of use (“terms” or “agreement”) set forth below, and updated from time to time, describe the terms and conditions that shall govern your use ofzCash Limited’s mobile wallet “zCash”.

By clicking on the “accept the terms & conditions” button and/or by downloading and/or installing and/or activating the zCashmobile software application (the “application”) and/or using the application and/or the services, you are agreeing to the following terms & conditions together with the terms & conditions of zCash.

If you do not agree to the terms, refrain from downloading or installing or activating or using the application or the services.

Important Elements in our Terms and Conditions that you should be particularly aware of before using.

Security

You must take all reasonable precautions to keep safe and prevent fraudulent use of your mobile device and security information.

The precautions include:

  • Never writing down or otherwise recording your security details in a way that can be understood bysomeone else;
  • Not choosing security details that may be easy to guess;
  • Taking care to ensure that no one hears or sees your security details when you use it;
  • Keeping your security details unique to Other (Online or Physical) Banking and the zCashApp;
  • Not disclosing your security details to anyone, including the Law Enforcing Agencies and us;
  • Changing your security details frequently
  • Keeping your security details and mobile device safe;
  • Keeping your device safe & its security along with other financial security detail with in is also your responsibility
  • Once you have logged onto the zCashApp do not leave your mobile device unattended or let anyone else use your mobile device
  • Logging out of the zCashApp once you have finished using the App services, andin particular not leaving the App running in the background whilst logged in (e.g. whilst multi-tasking, or running other apps);
  • You will be responsible for all instructions given by you or anyone acting with your authority between when you log onto the zCashApp until you log off the App.

Charges

However, your mobile network operator or any other internet service provider may charge you to access the App and these charges may vary if you access the App when abroad. You will be solely responsible for these usage and charges.

Suspension and Disconnection

zCashreserves the right to suspend or terminate the provision of the Services, at its sole discretion, if you use the wallet for unauthorized purposes or if we suspect the App has been used fraudulently or in an unauthorizedway.We may notify you in advance,but may not always be able to in the event of account suspension, for any reason other than use for unauthorized purposes.

Registration

In order to utilize zCashServices, you will be required to create a user wallet by registering your user Mobile number and wallet PIN. As part of the registration process you will receive an OTP (one time password) which will be automatically captured by zCashsystem to allow you to access the zCashAPP based on your handset device & its operating system’s capability. Some devices & version of operating systems may not allow automatic OTP reading & you may have to enter it manually while registering. By registering for the Services or the zCashApp in your device and creating a user account you represent that you are of legal age and capacity to form a binding contract under applicable law.

zCashRefill

To avail zCashservices through zCashAPP, you need to load balance in your zCashwallet. You can load balance on your ZCashwallet by debiting your Bank account or debiting any debit/credit card.

Service Charge

The applicable service charge will be deducted from your wallet upon conclusion of each Transaction, and the new account balance will appear in the zCashSystem and will be communicated to you by a system message. No service charge will be charged for performing Mobile Top-up, Merchant Paymentand wallet management services such as balance verification or change of PIN code.However, zCashreserves the right to impose chargeor modify(increase or decrease)chargeinany services at its sole discretion.

Maintenance and Support

As long as you are registered for the Services, you will be entitled to receive for no additional consideration, maintenance and support services for the Services and the Application, in accordance with ZCashstandard terms, by calling the customer service call-center, whose number shall be provided by ZCashauthorityand as may be updated from time to time.

Loss or Theft

It is your responsibility to keep your PIN code/password away from your mobile phone. Do not write the PIN code on or next to your mobile phone. You may change your PIN code or password at any time through the ZCashapplication.

Application License

Software Application; Grant of License : In order to access and use the Services viayour mobile phone or the Internet , and in order to download the Application on your smart-phone, zCashLimitedgrants to you a limited, non-exclusive and revocable license to use the Application as provided herein, solely for the purpose of receiving the Services.

Other Rights and Limitations

You may not, and may not permit or aid others to, translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Application, or extract or attempt to extract source code from the object code of the Application. The Application is licensed as a single product; you may not separate its component parts for any purpose. You may not make any commercial use of the Application, whether or not for consideration. Upon identification of such attempt or use of your identity to attempt such act may result in legal action from zCashLimited.

Ownership of Rights

The Services and the Application and any software used in connection therewith contain proprietary and confidential information. You acknowledge and agree that the Services and the Application are proprietary of zCashLimited and its licensors, protected under applicable intellectual property and other laws and international treaties. You further acknowledge and agree that all right, title and interest in and to the Services, the Application and any software therein, including associated intellectual property rights, are and shall remain with zCashLimitedand its licensors. This Agreement does not convey to you any interest in or to the Services, the Application and any software therein, exceptfor a limited right of use as set forth herein, terminable in accordance with the terms of this Agreement. You will not remove, alter or deface any trademarks or proprietary notices of zCashLimited or ZCashbrand or of its licensors in the Application.

Privacy

In connection with the provision of the Service, ZCash Limited will collect and process personal data about you and your use of the Service. zCashLimited 's Privacy Statement as amended from time to time is available on the Website. By using our Service, you agree that zCashLimitedcan use your personal data in accordance with our Privacy Statement and as otherwise set out in any applicable Service Specific Terms.

Save as provided hereunder, zCashLimited will not share your personal information with unauthorized persons. Adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your personal information.

Acknowledgement

You acknowledge that by using the Services, some of your personal information will be passed on to the organization for which you are paying bill or to the person for whom you are purchasing airtime through your wallet, and will be available to any third party involved in the operation of the Services.

You also acknowledge that zCashLimitedmay verify your identity information through publicly available and/or restricted government or election commission databases in order to comply with regulatory requirements. You accept that zCashLimited shall have the right to monitor your account usage and may disclose personal information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities.

Security

zCashLimitedshall take all required and reasonable measures to ensure the security of the ZCashSystem. However, due to the virtual nature of the system and all of its components, which are exposed to security risks by their nature, including disclosure or modification of data installed on the system by unauthorized persons, a security risk exists. You acknowledge the existence of such security risk involved in the use of the ZCashsystem.

Warranty; Limitation of Liability

zCashLimited provides the application and services "as is" and without any warranty or condition, express, implied or statutory. ZCashdoes not warrant that the application and services shall be error-free, that they shall operate uninterrupted or that they shall meet your requirements. ZCashdisclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, performance, accuracy, reliability and non-infringement.

Notwithstanding anything herein to the contrary, zCashLimited’s sole and cumulative liability to you or any third party for any loss, cost or damage resulting from any claims, demands or actions arising out of or relating to these Terms and/or your use of theApplication and/or the Services shall not exceed the maximum wallet balance immediately preceding the occurrence of the event giving rise to the applicable loss, cost or damage.

In no event shall ZCashbe liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, misconduct of agents; technical problems of kiosks; Transactions made to unintended recipients or in incorrect amounts due to the input of incorrect information by you; transactions made from your account by an unauthorized third party who passes all identity and verification checks; any fraud, deception or misrepresentations by any agent; any damages resulting from a recipient’s decision not to accept or record a Transaction made by you through the ZCashSystem; failure of any other telecommunications or data transmission system other than the ZCashSystem; any result of any acts of government or authority, or force majeure; damages for loss of profits, revenue, goodwill, use, data,electronically transmitted requests or other economic advantage (even if ZCashhas been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of or related to the use of or the inability to use the Application and/or the Services for any reason. Some states may not allow the limitation or exclusion of liability for indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Intellectual Property Rights

All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of zCashLimited. The Service and its content are protected by copyright and other intellectual property rights in the countryyou reside as well as foreign countries.

Except for the limited, personal, non-exclusive, non-transferrable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us our partners that you access through the Service.

The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Websiteor as part of the Service are the registered and unregistered marks of zCashLimited. Nothing in the Terms grants you the right to use any such marks.

All rights, title to and interest in User Content submitted by you will remain the exclusive property of you and/or your licensors. By submitting User Content, you grant zCashLimited, or must procure that your licensors grant zCashLimited, a non-exclusive, royalty-free, perpetual, transferrable, sub-licensable, irrevocable and worldwide license to use, reproduce, store, modify, distribute, publish and create derivative works of such User Content for any purpose, commercial or otherwise. You represent and warrant that you own any User Content submitted by you or that you otherwise are entitled to submit such User Content and to grant us such license.

Indemnity

You agree to indemnify, defend and hold harmless zCashLimited (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in breach of the Terms or applicable laws.

zCashLimited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with zCashLimitedin asserting any available defenses.

Any fraud occurring due to disclosure of PIN by the customer (intentionally or unintentionally) which leads any loss to customer, ZCashshall not liable.

Termination

You may stop using our Service. You may uninstall the ZCashApplication from your device. This will however not affectthe validity of your ZCashwallet.

zCashLimited may also stop providing Service to you, or add limits to your Service. If you act in breach of the Terms or applicable laws, your right to use the Service and access its content will in any event immediately, without notice, terminate without refund of any fees.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services as well as ZCashApplication referred here as “ZCashApp” or “APP”.

Governing Law and Jurisdiction; Litigation Costs

This Agreement shall be construed and governed in accordance with the laws of country of Bangladesh and the competent courts of the Bangladesh shall have sole and exclusive jurisdiction over any dispute under this Agreement. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

Miscellaneous

Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. This Agreement represents the entire agreement between you and ZCashwith respect to the subject matter hereof and they supersede any prior proposal, representation, or understanding between the parties. All provisions of these Terms which by their subject matter should survive termination shall survive termination including suspension of your wallet and/or rights to use the Services or any part thereof, including without limitation provisions pertaining to ownership, intellectual property, warranty and liability. The failure of either party to enforce any rights granted hereunder orto take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

How to Complain

If we do not deliver the standard of service you expect, or if you think we have made a mistake, please let us know. We will investigate the situation and, if necessary, set about putting matters right as quickly as possible. Where appropriate we will also take steps to prevent a recurrence.To lodge your complaints please call to our Call center.