Terms & Conditions - B2C
General Terms and Conditions to subscribe with Mobile Telecommunications Company services (Zain)
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: The prices of the services and subscriptions collected by the Company for the services provided to the Client, including the taxes that might be levied in the future. The Company reserves its right to alter or amend such fees at any time in accordance with the instructions and decisions issued from the competent agencies.
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 request 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.
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. The Company will not change / modify / cancel any of the Services automatically, except in the cases where the service is permanently canceled. The Company seizes to provide it, with deserving any amounts that might be due because of using the Service.
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. The company is entitled to refuse to provide the Client with any of its services due to failure to pay any of his financial obligations or violation of any of the terms of the contract.
10. The Client is responsible for knowing the services, usage costs, and prices of subscriptions. No claim of ignorance will be valid or credible after subscription to or usage of the service.
11. All Unlimited Usage Services are subject to the Fair Usage Policy, which is detailed in the Service Request Form or the Company’s website.
1. The Client’s commitment to the terms of the service ensures its continuity, while the company is entitled to immediately terminate the service once such terms are violated.
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. The Company is entitled to take the appropriate procedures, including disconnecting the service, and holding the Client accountable through the procedures it deems appropriate if misuse is proven, or at the request of public authorities or official agencies in the state. The company will not be responsible for any direct or indirect damage that may be inflicted on the Client.
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 Client acknowledges his consent that the Company is entitled to disconnect the service temporarily or permanently in addition to the consequences thereof, in accordance with the following cases:
- The Client’s violation of the current and future terms after being notified of them through various communication channels.
- Disuse of the prepaid line within 30 days from the date of its purchase, followed by a grace period of no less than 60 days.
- Passing of 60 days since the expiry date of the prepaid line without recharging.
8. All the disconnection cases mentioned in Clause 7 will result in withdrawing the subscriber line and reallocating it to another Client in addition to the loss of the credit balance of the prepaid lines and services without any liability against the Company.
1. Zain shall provide Manufacturer and/or Distributor warranties to devices not detected or impaired due to misuse.
2. 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.
1. The customer can file a complaint by calling the Customer Service Center on (107) or by personally going to the company's sales channels.
2. After submitting the complaint, the customer is immediately notified via text message with a reference number and link through which they can track the complaint.
3. The concerned department will contact the customer for a confirmation call as soon as they receive the complaint and obtain any additional information or data required from the customer.
4. The complaint is then referred to the concerned department for the necessary action based on type and classification.
5. The concerned department will provide the customer with solutions via telephone within 3 working days from the complaint submission date.
6. The customer is notified of the status of their complaint via text message once it is resolved:
English
Dear Customer,
Your case ID XXXXXXX has been resolved.
For any further assistance, simply follow the steps provided by zBot in the support menu http://zain.to/support1 or contact our customer service team on 107
Have a wonderful day
عربي
عميلنا العزيز،
يسرنا إبلاغك بأنه قد تم الانتهاء من الطلب الخاص بك رقم XXXXXXX
لمزيد من المساعدة، يمكنك اتّباع ا الخطوات المقدمة من zBot في قائمة الدعم http://zain.to/support2 أو عبر خدمة العملاء 107
نتمنى لك يوماً جميلاً
7. The customer can redirect the complaint to the Communications and Information Technology Regulatory Authority (CITRA) if the Zain team is unable to resolve the submitted complaint.
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, cancellation, and cancellation 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 Contract shall be subject to the provisions, laws and resolutions governing the telecommunications services within the State of Kuwait. It shall further be subject to the jurisdiction of the Kuwaiti courts. The client also acknowledges that he shall bear the judicial fees if the company is forced to sue him in court.
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.