مەرجەکانی بەکارهێنان
Zaytoon Product Financing Terms and Conditions
The following product financing terms and conditions (hereinafter referred to as the “Financing Terms” as updated from time to time) are applicable to all Zaytoon Products. These Financing Terms as well as the Zaytoon Customer Privacy Policy (the “Privacy Policy” as updated from time to time) are explicitly incorporated into the Customer Application & Agreement (the “Agreement”). The Customer (“You”) should therefore read the below Financing Terms together with your Agreement and the Privacy Policy. Acceptance of the Agreement shall constitute acceptance of these Financing Terms and the Privacy Policy.
Should you have any questions about their interpretation or meaning, contact Zaytoon Customer Services Center.
At Zaytoon we take the privacy of our customers and their data very seriously.
1. DEFINITIONS
2. PAY THE MONTHLY INSTALMENT FEE
3. MODE OF PAYMENT
4. EARLY PAYMENT DISCOUNT AND OVERDUE INTEREST AMOUNT (WHERE APPLICABLE)
5. PROMOTIONS/OFFERS
6. PRODUCT DEACTIVATION AND CREDIT REPORTING
7. ZAYTOON ADMINISTRATIVE RIGHTS OVER YOUR PRODUCT
8. INTENDED USE ONLY
9. PRODUCT ALTERATION
10. CONTACT INFORMATION
11. LOST, STOLEN OR DAMAGED PRODUCTS
12. OWNERSHIP OF THE PRODUCT
13. NO ENCUMBRANCES ON THE PRODUCT
14. ASSIGNMENT
15. INSPECTION BY ZAYTOON
16. NO REFUND NO RETURN OF PRODUCT
17. WARRANTIES
18. ZAYTOON RESPONSIBILITIES
1. DEFINITIONS
1.1. These Financing Terms use certain capitalised terms that are also used in your Agreement. Any capitalised terms that are used in these Financing Terms and not otherwise defined have the same meaning as in the Agreement. For example, terms such as Product, Down Payment, Monthly Instalment Fee and Total Purchase Price have the same meaning when they are used in these Financing Terms and in your Agreement. These Financing Terms also have the following additional defined terms:
1.1.1. “Account” means the Zaytoon customer account used for purposes of receiving payment of your Down Payment and Monthly Instalment Fees.
1.1.2. “Additional Product” means any follow-on or upgrade product that is purchased by you.
1.1.3. “Gateway Product” means the Product initially purchased by you which may control one or more Additional Products.
1.1.4. “Product” means any product and/or service purchased from Zaytoon.
2. PAY THE MONTHLY INSTALMENT FEE
You agree to pay the Monthly Instalment Fee on (or in advance at your choosing) and you agree that the Monthly Instalment Fee which may be paid on daily, weekly or monthly basis, shall be applied toward your Zaytoon loan, until you have paid the Total Purchase Price within the maximum payment period as set out in the Agreement. Further, you agree that your Monthly Instalment Fee may change if you purchase Additional Products.
3. MODE OF PAYMENT
The Down Payment and all Monthly Instalment Fee payments (whether made daily, weekly, monthly or in total upfront) towards purchase of the Product and/or any Additional Product shall be made through authorised cash collection agents of Zaytoon in cash. You further agree that you will always confirm the cash collection via the Zaytoon app for each payment. You further agree that failure to accept the collection request by You will result in payment not being accepted by Zaytoon even if the agent has physically collected the cash from you.
Please inform Zaytoon Customer Services immediately if you do not receive a confirmation notification when a payment is requested by an agent of Zaytoon. Further, you understand that Zaytoon is providing financing for the Product. You agree and understand that a portion of the Monthly Instalment Fee and the Total Purchase Price consists of costs related to the Product and costs for providing financing for the Product. You understand that you may contact Zaytoon in order to get a breakdown of these separate costs.
​
4. EARLY PAYMENT DISCOUNT AND OVERDUE INTEREST AMOUNT (WHERE APPLICABLE)
You understand that for every month you pay for your Product early, you will NOT be entitled to any early payment discount (“Early Payment Discount”) in the monthly amount set forth in the Agreement. You further understand that for every month you are late on paying for your Product, you may NOT be subject to an interest charge on overdue payments in the monthly amount set forth in the Agreement (the “Overdue Interest Amount”). You understand that references to Total Purchase Price means the Total Purchase Price as adjusted by the Early Payment Discount or the Overdue Interest Amount, as applicable in your Agreement.
5. PROMOTIONS/OFFERS
You may be identified by Zaytoon as eligible for various promotions and offers (including but not limited to airtime and data bundles). You will receive an SMS or WhatsApp notification informing you of the available promotions and the applicable terms and conditions. Those terms and conditions will be supplemental and subject to this Credit Agreement. Zaytoon reserves the right to amend or vary the terms and conditions relating to such promotions/ offers.
6. PRODUCT DEACTIVATION AND CREDIT REPORTING
If you fail to fulfil your contractual obligations including keeping current on your Monthly Instalment Fee payments, Zaytoon may deactivate your Product until you become current again in your Monthly Instalment Fee payments. This could require the payment of more than one Monthly Instalment Fee payment in order to unblock your Account. If you purchase an Additional Product and fail to keep current on the Monthly Instalment Fee payment for such Additional Product, Zaytoon may deactivate your Additional Product and the original Product (even if you have paid the Total Purchase Price for your original Product) until you become current again in your Monthly Instalment Fee payments. This could require the payment of more than one Monthly Instalment Fee payment in order to unblock your Account.
In addition, if you fail to keep current on the Monthly Instalment Fee payments for the Product, your credit history may be reported to a credit reference bureau until you become current in your Monthly Instalment Fee payments.
7. ZAYTOON ADMINISTRATIVE RIGHTS OVER YOUR PRODUCT
You understand that Zaytoon shall have certain administration rights over your Product which will allow Zaytoon to restrict usage of and potentially disable the Product if your Monthly Instalment Fee is not paid or your Account is otherwise in arrears. Further, you understand that these administration rights may be reactivated even if you have paid off the Total Purchase Price for the Product in the event that you purchase Additional Products or services from Zaytoon.
These administration rights will included but not limited to locking the Product which without any limitation considers disabled or restricted access to Home Screen, restriction of factory reset & binary flashing, restriction of usage of USB/Bluetooth/Tethering/NFC, Outbound Call Restriction except for our customer call centre & “Emergency Call”.
You agree not to attempt to alter the administration rights granted to Zaytoon on the Product and any attempt to do so could void the warranty of the Product and violate the intellectual property rights of Zaytoon and the relevant Product manufacturer.
8. INTENDED USE ONLY
All Products shall be used solely in accordance with the instructions provided in the relevant Product instruction manuals and Product end-user licence agreements (where applicable). Further, your Product must be maintained in proper repair and working condition and you agree that if you contravene any of the instructions provided in the Product manuals, it will result in the forfeiture of the warranty of the Product.
9. PRODUCT ALTERATION
You MUST not tamper (including but not limited to altering or removing the Product serial number or other Product identification marks), open, alter the administration rights, reverse engineer, misappropriate or modify and/or use the Product(s) in any other way not authorised by Zaytoon or aid any third party to do the same. Any contravention of this condition will result in forfeiture of the Product warranty, void any right to a refund and result in a fundamental breach of the Agreement. For avoidance of doubt any tampering and /or modification of the GSM communication module in the Product(s) shall constitute willful destruction of Zaytoon’s property and may result in criminal charges and such other civil actions being brought against any person, whether you or a third party, found to have tampered and/or modified the Product(s) regardless of whether the Total Purchase Price of the Product has been paid.
10. CONTACT INFORMATION
You consent that Zaytoon will send electronic communications to the contact details provided in the Agreement. You are solely responsible for the accuracy of such information and must ensure that all contact information provided to Zaytoon is complete and accurate in order to allow Zaytoon to contact you or the Alternative Contact Person during reasonable hours regarding your Zaytoon account. You agree to inform Zaytoon of any changes to the contact information during the term of the Agreement.
11. LOST, STOLEN OR DAMAGED PRODUCTS
You agree that even if your Product gets lost or damaged out-of-warranty or you give the device to a third person, that you will be responsible to pay the Monthly Instalment Fee and the Total Purchase Price for your Product.
12. OWNERSHIP OF THE PRODUCT
You understand that you have the exclusive right to use the Product at purchase but that Zaytoon retains ownership of Product until you pay the Monthly Instalment Fee and the Total Purchase Price for your Product. Furthermore Zaytoon retains full ownership of any and all intellectual property that is used to run the Product and the data generated therefrom, in both cases even after the Total Purchase Price is paid.
You will be legally responsible for any misuse of the Product from purchase as you have exclusive rights to use the Product.
​
13. NO ENCUMBRANCES ON THE PRODUCT
You warrant and undertake not to sell and to keep the Product exempt from the claim of any other party or from legal attachment, and shall not alienate, pledge, assign or charge the Product or create any other encumbrance whatsoever nor allow any lien to arise thereon until the Total Purchase Price is paid.
14. ASSIGNMENT
You agree that you will not transfer or assign any rights or obligations under the Agreement without the prior written consent of Zaytoon. Zaytoon has the right to transfer or assign the Agreement or any right or obligation under the Agreement at any time and by the execution of the Agreement, you consent to such assignment by Zaytoon of any rights or obligations therein, provided that such transfer does not alter your rights and obligations under the Agreement to your detriment.
​
15. INSPECTION BY ZAYTOON
You grant to Zaytoon, its employees or agents all reasonable facilities and opportunity for the inspection of the Product including but not limited to with respect to any repair services or to investigate any unauthorised uses of the Product during the term of the Agreement.
16. NO REFUND NO RETURN OF PRODUCT
All sales are final. No refunds will be issued.
​
17. WARRANTIES
17.1. Product warranties
Zaytoon will repair or replace a Product, in accordance with the warranty terms provided by the Product manufacturer. The warranty is valid only if the Product is used as instructed and is not tampered, opened, modified and/or used in other ways not authorised by Zaytoon. The warranty period is as set out in the instruction manual for the relevant Product. Zaytoon reserves the right to accept any Product that is returned under warranty. Approval from Zaytoon’s customer service is required before a Product can be returned to a Zaytoon service centre.
For detailed information about warranty terms and conditions of samsung products refer to the link below
https://www.samsung.com/levant/support/warranty/
17.2 Account warranties
Zaytoon does not give any express warranty or guarantee as to the suitability, reliability or availability of its account. Except as required by Applicable Legislation, Zaytoon does not guarantee continuous, uninterrupted access to Zaytoon account, and Zaytoon makes no representations or warranties regarding the amount of time needed to complete processing of payments towards your account.
17.3 Zaytoon does not :
(i) Enter into a partnership, joint venture, agency or employment relationship with You;
(ii) Guarantee the identity of any Seller;
(iii) Determine if You are liable for any taxes; or
(iv) Collect or pay any taxes on Your behalf that may arise from your use of a Zaytoon account.
​
18. ZAYTOON RESPONSIBILITIES
18. 1. Inform of Approval
Zaytoon will communicate to you its approval or disapproval of the Agreement by SMS, email or phone call within 7 days of receiving the Agreement.
You also confirm that:
(i) You need to be minimum 18 years old on the date of application and you are capable of entering a legally binding contract;
(ii) You need to have a valid Iraqi Biometric ID with a functioning NFC chip
(iii) You have a valid Iraq mobile number
(iv) You need to provide proof of employment including your full name of your employer, your monthly gross salary, your work place address, your manager's name with a letter from your company signed and stamped by an authorised representative.
(v) You need to provide Zaytoon with your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details. You acknowledge that by provision of false Personal data or Identification requisites you may face criminal liability.
(vi) Zaytoon shall reserve the right to verify your identity, including if required under law (Iraqi Anti-Money Laundering and Terrorist Financing Law No. (39) of 2015) at any time before and/or after processing your application.
18.2. Activate the Product
Zaytoon will ensure the Product is activated once the Down Payment is received and, thereafter, whenever your Zaytoon Account has a positive credit balance.
Zaytoon shall not accept responsibility if a Product does not receive credit due to third party system or network outages which result in a failure for a device to receive credits.
18.3. End Billing when Total Purchase Price is Paid
Zaytoon will complete billing for the Product and end further Monthly Instalment Fee requirements once the Total Purchase Price of the Product is paid. Zaytoon reserves the right to reactivate and maintain the module and billing for any Additional Products that you may purchase.
You accept that the right of ownership on the Product is transferred to You only after full repayment of its Total Purchase Price and any other charges (if applicable).Until full repayment, the Product shall be property of Zaytoon.
18.4. Protect Data
Zaytoon agrees to protect your data in accordance with the prevailing data protection and consumer protection laws unless required to disclose such information by law or in accordance with these Financing Terms and the Privacy Policy.
18.5. Contact
Any questions, complaints, claims or other communications relating to these Financing Terms should be directed to info@zaytoon.iq
18.6 General Provisions
No waiver of these Financing Terms by Zaytoon will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Zaytoon to assert a right or provision under these Financing Terms will not constitute a waiver of such right or provision. If any provision of these Financing Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be modified to reflect Zaytoon and your intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
This Agreement will be governed and construed in accordance with the applicable laws of your jurisdiction. For avoidance of doubt, any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with:
-
Iraq: the laws of Iraq and the courts of Iraq shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with any such credit or its subject matter or formation (including non-contractual disputes or claims).
​