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KEY FACT STATEMENTS

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Terms and Conditions of Use

Introduction

This agreement (“Agreement”) contains the terms and conditions (“Terms & Conditions”) that govern Your access and use of the Whizmo Services (as defined below). These Terms & Conditions set out the contractual basis on which natural persons and commercial entities can access and use our services. THEREFORE, PLEASE READ THEM CAREFULLY BEFORE YOU REGISTER; AND BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT TICK THE BOX INDICATING YOUR ACCEPTANCE.
Definition
The following capitalized terms have the following meanings in these Terms & Conditions:


Account
means your Whizmo account, being the record maintained by us of the amount of E-Money from time to time held by you and represented by an equivalent amount of Cash held at the bank float account on your behalf
Network Partner (branded as Cash Point or Whizmo Cash Point)
is a legal entity that possesses a valid business permit or commercial license to conduct business activities in the UAE in accordance with UAE laws and wishes to engage with Whizpay to carry out Whizmo Network Partner Services on Whizpay’s behalf in accordance with the terms and conditions of Network Partner Agreement.;
Business Day
Any day other than a Saturday or Sunday, or a government- declared public holiday in the UAE.
Business Entity
A legal entity that possesses a valid business permit or commercial license to conduct business activities in the UAE in accordance with UAE laws.
Cash
The currency notes and coins as issued by the Central Bank of the UAE constituting the legal tender of the UAE.
Complaints Policy
Our policy concerning Whizmo Services available on the Website, as may be amended from time to time.
Currency of Account
UAE Dirhams or other currency made available for selection by You and registered for each specific Account, and on which basis the par value of E-Money is set.
Customer Support Service
Our customer support service that is available via email, phone, digital instant messaging and other channels.
E-Money
Monetary value stored in electronic form issued by Us under the relevant local and federal laws of the United Arab Emirates and applicable regulations of the Central Bank of the UAE.
Fees
Fees : Fees and charges levied by Us for Your use of Whizmo Services.
Foreign User
means an individual who is not a UAE resident.
IBAN
International Bank Account Number
International Money Transfer
The transfer of funds from your Account to a receiver or beneficiary in a country other than the UAE or the receipt of funds in your Account from a sender in a country other than the UAE.
International Money Transfer Intermediaries
Third party money transfer and transmission companies that empower and service International Money Transfer as part of the Whizmo Services.
Login Details
means identification that is in the form of a login user name and password (set by a Merchant, Network Partner or User for his/her/its own Account), and, if You use a verification system (strong customer authentication), then this also includes authentication data as required, as well as other security credentials of an Account, including, but not limited to, secure identification, security questions and answers.
Merchant
A commercial or business entity that meets all the eligibility requirements set in the Terms & Conditions for the Merchant Account and that opens and holds an Account and is enabled to use Whizmo Services, including sending payments and receiving payments from Users.
Merchant Account
An Account opened and held in a Business Entity’s name and enabled to send payments and receive payments.
Mobile Application, App
An information technology solution available on mobile devices exclusively to Users for accessing and using Whizmo Services, also referred to in these Terms & Conditions as “App”.
Mobile Device
A portable computing device such as a smartphone or tablet computer.
Network
means the system operated by Whizpay and covering those areas within the United Arab Emirates as stipulated from time to time by us;
Outlet
means any shop, unit, kiosk, machine or other retail premises or portion thereof operated by a Network Partner;
Outlet Operator
means the person attending to you at a Network Partner Outlet;
Personal Information
means personal identifiable information as prescribed in the Data Protection Policy which includes, but is not limited to, name, address, phone number, identification number and location data;
Privacy Policy
Our privacy policy concerning Whizmo Services available on the Website and/or the App, as may be amended from time to time.
Redeem, Redeeming, Redemption
Converting E-Money to monetary value at its par value so that E-Money is withdrawn from an Account.
Registration Form
means the form containing registration details and your acceptance of these Terms & Conditions;
SMS
means a short messaging service that enables the transmission of text messages from one mobile phone to another;
Successor
means a person who is legally authorized to access funds in your Account in the event of death;
Transaction
A transfer of E-Money by debiting your Account as instructed and consented to by You under these Terms & Conditions, or a receipt of E-Money by crediting your Account under these Terms & Conditions
Transaction Notification
A message sent by Whizpay to a User, notifying the User of the success or failure of a Transaction using one or more of the following means:
  • SMS
  • In app notification
  • Email
  • USSD
  • Instant messaging apps such as WhatsApp
UAE
Means the United Arab Emirates
UAE PASS
UAE PASS is the first secure national digital identity for citizens, residents and visitors in the UAE, enabling them to access many online services across various sectors, in addition to providing features such as signing and verifying documents digitally, requesting digital versions of official documents, and using the same in applying for services from partners.
User
An individual who meets all the eligibility requirements set in these Terms & Conditions and that opens and holds an Account, thereby agreeing to these Terms & Conditions.
USSD
USSD means Unstructured Supplementary Service Data, an instant messaging service that will be used for accessing Whizmo account as an alternative to using the Mobile Application.
Virtual Account / Virtual IBAN
A unique virtual bank account with a corresponding IBAN that is issued to a User upon successfully opening an Account with Whizpay which can be utilized by a User to top up their Account through bank transfer.
Website
The website branded as Whizmo and referring to domain Whizmo The term “Website” also includes reference to a Mobile Application in these Terms & Conditions, when 4 applicable.
Whizmo
Whizmo the brand name under which We operate and provide the Whizmo Services.
Whizmo Services
Innovative services provided by Us and based on E-Money issued by Us upon demand and for your Account and the account of other Users or Business Entities and including activities required for operations of an Account, identity verification, KYC and security checks, execution of Transactions, receipt of E-Money transfers, issuance and redemption of E-Money and other activities, as described in these Terms & Conditions.
Whizpay, We, Us, or Our
Refers to Whizpay Technology L.L.C., a company incorporated under the laws of the United Arab Emirates and Licensed by the Central Bank to provide stored value facilities services as further described in these Terms & Conditions.
You, Your
You, the User, that opens and holds an Account, thereby agreeing to these Terms & Conditions.
Eligibility for Using Our Services
  • Whizmo is accessible to Users aged 18 years and above who are residents of the UAE and you warrant and represent that you meet these requirements.
  • Non-residents of the UAE may be eligible to use Whizmo provided that You are legally present in the UAE at the time of registration for Whizmo and you warrant and represent that you meet these requirements.
  • Whizmo Services shall be available to you upon successful registration for Whizmo Account and Your acceptance of these Terms & Conditions.
  • You will register for a Whizmo Account personally through Our Mobile Application.
  • You warrant and represent that all information You provide to Whizmo either on Our Mobile Application or at any Whizmo Merchant are true, accurate, and not misleading.
  • Whizmo may in its discretion restrict or set limits to the number of accounts you may operate at any time.
  • Whizmo may at its sole discretion decline to register or revoke the registration of any person on Whizmo System.
  • You may acquire E-Money in Your account by depositing Cash at a Network Partner Outlet or receiving a remittance of E-Money from other Whizmo Users, through a domestic money transfer from banks or remittance service providers.
  • All Transactions shall be completed in UAE Dirhams as it may be determined by Whizpay.
  • Value Added Tax (VAT) may be chargeable on the Whizmo Services You use.
  • Subject to the prescribed Transaction limits, applicable Fees and these Terms & Conditions, the balance of Your Whizmo Account may be redeemed at any time and shall be disposed in accordance with Your given instructions via Our Mobile Application.
  • All charges applicable to Whizmo Services are set out in a separate fee schedule which are available at the Network Partner Outlets, within the Mobile Application or on Our website. Our charges are subject to change at Whizpay’s discretion.
    • Applying for Whizmo Services
  • To become a User of Whizmo Services, you must have a fully registered and valid UAE PASS account.
  • You will be required to to sign-up for Whizmo Services using UAE PASS, where you will allow UAEPASS to share your documents to Whizpay.
  • To become a User of Whizmo Services, you must fill Our registration page by providing all of the information requested on Our Mobile Application.
  • For the purpose of this Agreement, You must provide Emirates ID and Passport for UAE Nationals and Emirates ID for other UAE residents, If you are a non-resident User, a copy of the entry permit, tourist visa or other type of valid proof may be required to complete Your registration.
  • Whizpay may at all times request an update and/or confirmation of any information and documentation You have provided to Us as frequently as needed for Us to follow our internal policies and to comply with the applicable UAE laws and regulations.
  • You are responsible for ensuring that Your registration information maintained with Us is the most recent information.
  • Whizmo reserves the right to request further information pertaining to Your Account at any time, of which failure of the User to provide such information may result in limitation on usage of the Whizmo Services, suspension or termination of the Account.
  • You expressly consent to being issued with Virtual Account(s) from one or more of Whizpay’s partner banks and consent to Whizpay sharing such personal information of Yours with Whizpay’s partner bank(s) as is required for the purpose of obtaining the Virtual Account(s).
  • Whizmo may reject Your application at its discretion if any of the account opening requirements are not met, or if You fail to provide us with satisfactory proof of identification, or if You provide incorrect information.
  • You must not maintain more than one (1) Whizmo Account. If the commencement of these Terms & Conditions results in You maintaining more than one Whizmo Account, Whizpay shall reserve the right to require You to close off any extra Accounts.
  • Subject to Whizpay’s due diligence, you may obtain an official statement of Your Whizmo Account through the Mobile Application or via email. An official statement of account shall be conclusive evidence of the Transactions carried out on Your Whizmo Account during the period covered in the statement.
  • You agree that:
    • No interest will be paid on any funds held in Your Whizmo Account
    • Whizmo is not a bank
    • Whizmo Account is not a bank account
    • Account Usage
    Upon successful registration of Your Account, subject to the payment of any applicable fees and compliance with these Terms & Conditions, You will be able to initiate the following Transactions:
    • load E-Money digitally through a bank transfer,
    • Load E-Money through a Network Partner outlet, Electronic Vending outlet or ATM outlet.
    • Send E-Money to and receive E-Money from other users.
    • withdraw funds from Your Account to Your bank account
    • Withdraw Cash from Your Account through Network Partners.
    • Pay utility bills or make one-off or periodic payments to utility providers, etc.
    • Pay for goods purchased from participating merchants.
    • perform International Money Transfers to specific countries provided within the App
    • any other Transactions as may be introduced by Whizpay or financial institution partners from time to time.
    Whizpay does not warrant that all functionalities shall be available at all times and may withdraw any functionality or the Whizmo Service in general as a direct result of new or amended legislation, statutory instrument, Government regulations or policy or any other compelling reason.

    Whizpay may provide additional functionality on the Whizmo menu following integration with platforms of financial institutions and other entities providing you with specified services. Such functionality may give you limited access to platforms of the financial institutions or other entities. By using such functionality to gain access to other platforms, you hereby agree to indemnify Whizpay against, and hold Whizpay harmless from any losses arising from Your access to such external platforms.

    In the event of any review of our business planning, technical, public interest or operational reasons, changes within the industry, recommendations from regulatory bodies or similar events, Whizpay may vary these Terms & Conditions or policies affecting usage. We shall notify you of such changes, via appropriate means and channels, prior to such changes coming into effect keeping in accordance with relevant standards. Your continued use of the Whizmo Service shall be deemed to be Your acceptance of all such varied terms and conditions or polices.
    Acceptable Use
    When using the Whizmo Services, You must always do so for legal, authorised and acceptable purposes. When using the Whizmo Services, You shall not, nor shall You permit any person using Your Account to:
  • Use them in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or contravening these Terms & Conditions.
  • Violate or infringe the rights of Whizpay, any of its group companies, Our Users, or other third parties, including rights in respect of privacy, intellectual property, or other proprietary rights.
  • Provide false, inaccurate or misleading information.
  • Engage in any potentially fraudulent or suspicious activity and/or transactions, including receiving money which may be fraudulent or adding money to Your Account which may be linked to criminal activities.
  • Refuse to cooperate with an investigation or provide any information We request, including with respect to verifying Your identity.
  • Transmit any communication, material or other content that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, or deemed offensive in regard to race, religion or ethnicity, or which could instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes.
  • Impersonate someone else.
  • Seek to harm Whizpay Our group companies, or any of Our Users or customers; or
  • Access, use, copy, modify, distribute, display, otherwise exploit or prepare derivative works based upon and of Our Services in impermissible or unauthorised manners, or in ways that harm Us, Our group companies, Our Services, systems, Users, or others. In particular, You must not, nor shall You permit any person using Your Account to.
    • Reverse engineer, alter, modify, create derivative works from, decompile, or extract code from Our Services, except to the extent permitted by law.
    • Send, store, or transmit viruses or other harmful computer code through or onto Our Services.
    • Gain or attempt to gain unauthorised access to Our systems or those of Our group companies.
    • Create accounts for Our Services through unauthorised means.
    • Collect the information of or about Our Users in any impermissible or unauthorised manner; and/or
    • Sell, resell, rent, or charge for the use of Our Services.
    • Whizmo Access Responsibility
  • Access to the Whizmo Services is PIN Code-protected. You hereby agree to guard Your PIN Code and to not disclose it to any third-party including Whizmo Network Partners, Whizmo staff or any person purporting to have authority to ask for it.
  • You acknowledge that You shall be solely responsible for the security of Your PIN Code. Whizpay shall not be liable for any disclosure of Your PIN Code to any third party and You hereby agree to hold Whizpay harmless from any losses that result from any PIN Code disclosure.
  • You are responsible for all instructions given to Whizpay in relation to Your Whizmo Account.
  • Whizmo shall deem each correct PIN Code entry as being performed by the legitimate owner of the Whizmo Account and shall regard all subsequent Transactions as validly performed by You.
    • Loading E-Money
  • You may load E-Money into Your Whizmo Account only.
  • In order to load E-Money, You must complete the information requested, including passing the identity and security validation and verification procedures to ascertain that You are the owner of the account, and then hand over Cash equivalent to the E-Money sought to be loaded to the Whizmo Network Partners.
  • You may load E-Money at participating ATM Outlets or Electronic Vending Outlet at any time by accessing Your Whizmo Account and following the prompts on Your phone’s Whizmo menu. You will receive a one-time code which shall be used to validate any deposits made. Failure to do so will cause the said code to expire.
  • You may load E-Money into Your Account through a bank account. You must agree and undertake to provide correct and valid banking details.
  • Whizpay shall, subject to Transaction limits on the Whizmo system, process the requests you make immediately after being satisfied that the person making the deposit has passed all identity and security validation and verification procedures. In the event of a dispute over the deposit of the funds, it shall be sufficient for Whizpay to show a logical association between the Transaction and the verification of identity and/or security procedures conducted to ascertain identity of the person entitled to the funds.
  • Whizpay reserves the right to prescribe Transaction limits and may allocate some Whizmo Accounts with higher or lower limits.
    • Transferring E-Money
  • Transaction limits and charges as prescribed by Whizpay shall apply each time You use the functionalities of the Whizmo Service to perform a Transaction.
  • Your Transaction request may not be completed for one or more of the following reasons:
    • If You have insufficient funds in Your Whizmo Account to complete a Transaction or to cover the charges for a Transaction.
    • If You have reached the maximum Account balance limit prescribed by Whizpay;
    • If You have reached the daily limit prescribed by Whizpay.
    • If Your Account has been temporarily suspended or permanently frozen on valid grounds.
    • If there are any other compelling reasons such as temporary system delay or outage.
    • Subject to the provisions of this Agreement, if You cancel the Transaction request within such timeline indicated to You and using such functionality made available for that purpose.
  • You will be charged a fee for any transactions You undertake. The fee will be in accordance with the published charges on Whizmo website, in the Mobile Application or with Network Partners.
  • Upon the successful completion of Your Transaction to another Whizmo User, Whizpay will immediately initiate the transfer of the E-Money to the other User’s Whizmo Account. You and the recipient will both be notified via a Transaction Notification as to the completed status of Your transaction.
  • Where Whizmo is unable to complete a transaction, You will be notified via a Transaction Notification as to the reasons for not completing the transaction.
  • Each Transaction You undertake will be accompanied by a unique receipt number that will appear in the confirmation that will be delivered via a Transaction Notification sent to You and will include an updated balance of Your Account. This receipt number may be used to track & identify the Transactions carried out on Your Account and the message should therefore not be deleted if reliance on it will be required.
  • Upon the successful transmission of E-Money from Your Account to the registered recipient’s Whizmo Account, title to the E-Money will pass to the recipient.
  • Where the recipient is not registered on the Whizmo system, title to the E-Money will remain with you. However, You will not be able to withdraw the funds or send the funds to any other recipient or otherwise reverse the Transaction unless the initial Transaction is cancelled by Whizpay upon the failure of the recipient User to accept the transfer within the stipulated time-frame as provided in this Agreement.
  • If the recipient does not have a Whizmo Account, Whizpay will send the recipient a Transaction Notification containing alert them of the transfer and requesting them to register and open a Whizmo Account in order to receive the value of the transfer.
  • If, within 48 hours (or such shorter or longer period as may be determined by Whizpay) of the Transaction being made to a non-registered recipient, the recipient has not registered and opened a Whizmo Account, Whizmo will cancel the Transaction and the E-Money will be sent back to Your Account less any applicable charges. You will be notified of the cancellation and reversion of the E-Money.
  • A Transaction, once completed, is final and irrevocable. As such, Whizpay shall not be under any compulsion to reverse any Transaction.
  • Whizpay reserves the right, at its sole discretion, to cancel or reverse a Transaction if reasonable grounds such as manifest error or fraud are shown and PROVIDED that the recipient has not redeemed the E-Money and the reversal claim is made within one day (24 hours) of the erroneous Transaction date.
  • If E-Money is sent to a recipient mistakenly or in error or fraudulently and subsequently redeemed for Cash or otherwise spent by the recipient of the mistaken, erroneous or fraudulent Transaction, Whizpay will make all possible efforts through our internal channels to assist the sender to receive the fund mistakenly sent in accordance with our Complaint Policy & Procedures. You hereby agree to hold Whizpay harmless for any losses arising from a mistaken, erroneous or fraudulent transfer of funds or any transfer of funds from Your Account effected under coercion or criminal act.
    • Receiving E-Money
  • If You are a registered User on the Whizmo system and You receive a message informing You that You have received E-Money from another Whizmo User, the E-Money shall be loaded to Your Whizmo Account immediately and You may redeem the E-Money for the use ofWhizmo Services by following the Whizmo application menu options on Your mobile phone.
  • If You receive funds in error, You acknowledge that You shall be obliged to return the funds to the sender failing which Whizpay may reverse the payment to the sender.
    • International Money Transfer
  • You may transfer funds from your Account to recipients or beneficiaries in foreign countries through International Money Transfer. You hereby acknowledge and agree that Whizpay is empowered and serviced by International Money Transfer Intermediaries and such International Money Transfer will be subject to special terms and conditions as described below:
    • International Money Transfers are generally paid out in the currency of the destination country. If the currency that you select is not the currency to be received by the receiver, the amount of the International Money Transfers will be converted at a quoted rate applicable to the destination country as We may determine from time to time, in addition to the applicable transfer fee. Such currency conversion will be made at the time of making the transfer and the receiver will receive the converted foreign currency amount. Where local regulations at the destination country require, the currency of the International Money Transfers must be converted at the time the International Money Transfer is paid out to Your receiver, in which case the exchange rate and anyamounts related to your International Money Transfer may be subject to exchange rate fluctuations between the time of transfer and the time Your receiver collects the corresponding funds. In countries that provide payment in multiple currencies, you must select the currency of payment to the receiver.
    • Unless applicable laws in the destination country requires otherwise, You will bear all fees, charges, local taxes, exchange fees, and any other fees and charges of whatever nature for International Money Transfers.
    • Where possible, charges for International Money Transfers will be shared with you on the App prior to the completion of the transfer order. You acknowledge that such charges cannot always be calculated in advance. However, on requesting an International Money Transfer, we will promptly share with You the applicable charges relating to the International Money Transfer transaction, which You will be required to accept prior to You confirming the International Money Transfer transaction.
    • In the event You cancel an International Money Transfer transaction, or a transaction is declined or for any other reason reversed, transaction fee and charges in relation to any International Money Transfer are non-refundable and therefore will not be returned to your Account. You are therefore advised to ensure that your requests for International Money Transfers are carefully reviewed before submission via the Application.
    • Whizpay and / or International Money Transfer Intermediaries may be prohibited from completing an International Money Transfer transaction by applicable laws, including laws administered by the relevant authorities in the UAE, the United Nations, US Treasury Department’s Office of Foreign Assets Control (OFAC) and the European Union.
    • Whizpay and / or the International Money Transfer Intermediary may require You to provide additional information including, but not limited to, supporting documentation in order to facilitate an International Money Transfer transaction. Failure by You to provide such additional information within the stipulated time frame may result the cancelation of Your International Money Transfer transaction. If a International Money Transfer transaction is canceled in such circumstances, Whizpay will refund the principal value of the International Money Transfer transaction but may not refund the transfer fees, charges or applicable taxes.
    • Whizpay will refund the principal amount of an International Money Transfer (at the applicable exchange rate in effect at the time the refund is made) upon your request via the Mobile Application when possible or if payment to the receiver is not made or credited within 45 days. Transfer fees and charges are not refundable.
    • Whizpay does not guarantee the delivery of any goods or services paid for by means of International Money Transfer.
    • In no event shall We be liable if You communicate transactional data to any person other than the Receiver or if Your Receiver communicates such transactional data to any other person. Whizpay is not responsible for any delay in the completion of an International Money Transfer resulting from any cause whatsoever, including but not limited to: (i) a transaction exceeding any amount limitations, and/or (ii) regulatory restrictions or other restrictions.
    • In no event Whizpay or any International Money Transfer Intermediary shall be liable for damages for delay, non-payment or underpayment of an International Money Transfer, or non-delivery of any supplemental message, whether caused by negligence on the part of their employees or representatives or otherwise, other than refunding the principal amount of the International Money Transfer.
    • In no event shall Whizpay or any International Money Transfer Intermediary be liable for: (i) any fees, exchange rates used for conversion to non-local currency, (ii) acts or omissions of the destination or intermediary financial service providers, (iii) any losses resulting from any charges or fees being applied to your International Money Transfer transaction, or (iv) any indirect, special, incidental, or consequential damages.
    • Redemption of E-Money
  • Network Partner Outlets: Upon passing the vetting requirements conducted by a Network Partner, You may withdraw Your E-Money at participating Network Partners by accessing Your Account and following the prompts on Your phone’s Whizmo App menu; however, any withdrawal Transaction must be initiated and completed within a Network Partner’s premises.
  • ATM Outlets: You may withdraw Your E-Money at participating ATM Outlets at any time by following prompts on the ATM and within the Mobile Application.
  • Bank Transfer: You may withdraw Your E-Money by transferring funds from your Account to a bank account in Your name, held by a licensed bank in the UAE.
  • Whizpay shall, subject to Transaction limits on the Whizmo System, process the requests You make immediately after being satisfied that the person making the redemption has passed all identity and security validation and verification procedures. In the event of a dispute over the redemption of the funds, it shall be sufficient for Whizpay to show a logical association between the Transaction and the verification of identity and/or security procedures conducted to ascertain identity of the person entitled to the funds. Subject to any other provisions to the contrary, You will be charged a withdrawal fee each time You withdraw funds from Your Whizmo Account.
    • Privacy Policy
  • Whizpay recognizes the importance of protecting the privacy of all information provided by users of Whizmo. This statement is meant to affirm our utmost respect for Your rights to privacy.
  • Whizpay collects personally identifiable information that we use to profile Whizmo Users and administer individual Whizmo Accounts, update Whizmo databases, and provide User support.
  • Save as provided hereunder, Whizpay does not share Your Personal Information with unauthorized persons and adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of Your Personal Information.
  • You acknowledge that by using the Whizmo Services, some of Your Personal Information will be passed on:
    • To any person whom You receive E-Money from, or send E-Money to and will be available to any third party involved in the operation of the service including without limitation, Whizpay Network Partners, Banks, ATM providers and our technology providers).
    • To other Users at any stage in the course of an WhizmoTransaction for the purposes of their use of the Whizmo Services; and
    • You hereby authorise Whizpay to share with, provide or disclose to such Users, third parties with which You have separately contracted or with which You intend to contract (and have informed Whizpay of this intention in writing or electronically through the Whizmo System), Your Personal Information including any Transaction data, information pertaining to You or Your Whizmo Account, or Your usage of Whizpay Products and Services provided that the authority given to Whizpay to disclose information to such third parties (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time.
  • You acknowledge that Whizpay may verify Your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.
  • You accept that Whizpay 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 authorities to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities.
  • Whizpay employees who handle Personal Information are under an obligation to treat it confidentially and may not disclose it to unauthorized third parties. Whizpay employees are also responsible for the internal security of the information.
  • Any person submitting any information to Whizpay through the Whizmo System may be granted access rights to that information. Whizpay has developed systems that enable access and correction of information submitted to it.
  • If there’s any changes to Your Personal Information, You should update the same through the applicable channels that will be communicated to You from time to time including but not restricted to Your name and address. Until such notice is received, Your Personal Information shall be deemed to be that which You provided in Your application to register for the Whizmo Services.
    • Intellectual Property
    All intellectual property rights in the Whizmo Service including the Whizmo trademark are the property of Whizpay and/or its affiliates. Any unauthorized reproduction, modification, distribution or republication of Whizpay materials or intellectual property, without the express prior written consent of Whizpay and/or its affiliates is strictly prohibited.
    Fees
  • You are responsible for the payment of all applicable fees. Whizpay publishes its Fees Tariff on the Whizmo website, within the Whizmo mobile application and is made available at the Network Partners premises. Whizmo’s Customer Excellence department will also be available to assist You with the fee schedule if You are uncertain about the applicable fee.
  • Fees payable on each Transaction will be deducted from Your Whizmo Account at the successful completion of each Transaction. Upon successful completion of the Transaction, Your new Account balance shall be provided to You by a Transaction Notification.
  • Whizpay shall not reimburse You for any Charges Which You have accepted, except where a Transaction is reversed in the circumstances described in this Agreement.
  • All the fees are exclusive of Value Added Tax(“VAT”). VAT, at an applicable rate, will be charged in addition to the fees.
    • Suspension, Termination and Freezing
  • Whizpay reserves the right to suspend or terminate the Agreement if You use Your Whizmo Account for unauthorised purposes, or to suspend or terminate this Agreement wholly or partially due to Your abuse of any of the Whizmo Services and/or functionalities provided to You for purposes of utilisation of the Whizmo Services or for usage in a manner contrary to those set out under Acceptable Use in these Terms & Conditions.
  • You acknowledge that Whizpay may be compelled by law to suspend and/or freeze Your Account or decline to execute Your Transaction requests if there are reasonable grounds to suspect that an Account has been, or is being, or may be used to receive or send funds in connection with any criminal or fraudulent activity.
  • You may request for Your Account to be closed at any time by giving written notice to Whizpay addressed to: support@whizmo.ae  after which Whizpay shall act in accordance with such instructions if, and only if, Your Account balance reads zero (0). Such Account closure will take up to Fourteen (14) working days to be carried out and You will be notified by Us upon successful closure of Your Account.
  • Whizpay may, at its discretion, close Your Account at any time for any reason upon giving Fourteen (14) days’ notice to You and making reasonable attempts to reach you. In such circumstances, You shall be entitled to the balance of any funds remaining in your Whizmo Account.
  • Whizpay may send notices to You at any postal address provided by You or electronically by SMS to Your mobile telephone number or to the email address which You registered on the Whizmo System.
  • Whizpay may classify an Account with no activity as follows:
    • If there’s no activity for one (01) year from the last transaction the Account will be classified as “Inactive”.
    • If there’s no activity for three (03) years from the last transaction the Account will be classified as “Dormant”. Whizpay shall attempt to contact the User of the “Dormant Account” through written, electronic or verbal (recorded) channels for re-activation. If no response is received after a three (03) months period from the date of notification, Whizpay shall have the right to transfer the funds to the “dormant accounts ledger”.
    • If there’s no activity for five (OS) years from the last transaction of the Account, Whizpay shall transfer the net funds to “Unclaimed Balances Account - Dormant Accounts” at the Central Bank.
  • Customers who wish to reactivate Inactive or Dormant Accounts or withdraw the funds in these accounts can get in touch with Us through Our Customer Excellence channels.
    • Warranties and Limitation of Liability
  • Whizpay will report any suspicious account activity to its Money Laundering Reporting Officer (MLRO). The MLRO may escalate the suspicious activity to the relevant authority(ies) in the UAE.
  • Whizpay shall use all reasonable efforts to ensure that all Transaction requests are processed in a timely manner. However, Whizpay makes no representations or warranties as to continuous, uninterrupted or secure access to the Whizmo Services, which may be affected by factors outside Whizpay ’s control, or may be subject to periodic testing, repair, maintenance or upgrades.
  • Whizpay will not be responsible for any claim unless caused by major wilful default or negligence caused by Whizpay. Whizpay specifically disclaims all liability for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to:
    • Transactions made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by you.
    • Transactions made from Your Account by a third party who could have access to Your device and/or Your Whizmo login credentials without Your consent.
    • Any fraud, deception or misrepresentations by any Whizmo Users, whether or not the User has been verified,
    • Any damages resulting from a recipient’s decision not to accept or record a Transaction made by You through the Whizmo system,
    • Failure of any other telecommunications or data transmission system other than the Whizmo system;
    • Any result of any acts of government or authority, any act of God or force majeure.
  • You agree to indemnify and hold Whizpay harmless against any claim brought against Whizpay by a third party resulting from Your breach of these Terms & Conditions.
    • Disclosure & Data Retention
  • You hereby expressly consent and authorize Whizpay to disclose any Transaction data or information pertaining to Your Whizmo Account to any local or federal authorities in the UAE, investigative or regulatory authority including without limitation the Police Departments, Central Bank of UAE, VAT Authority or any competent Anti-Money Laundering authority for the purposes of any genuine enquiry or investigation or to any User, or to any third party to which You have separately, either in writing or electronically through the Whizmo System or otherwise, authorised Whizpay to disclose Transaction data or information pertaining to you or Your usage ofWhizpay’s Products and Services, including Your Whizmo Account provided that any consent given to Whizpay to disclose information to Users for the purposes of clause 4 or to any third party (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time in writing (including electronically). PROVIDED that where You withdraw consent to Whizpay to disclose information to other Users for the purposes of clause 4, Whizpay may impose a complementary condition to revoke (partially or otherwise) access to any Personal Information of other Users that would have been made available to You as a User pursuant to clause 4.
    • General
  • Whizpay Services are provided exclusively to the registered User and may not be assign or transfer this Agreement to any third party. Using Your personal Whizmo Account to carry out transactions on behalf of another person is prohibited and may expose You to criminal liability under the UAE laws. You may not use or permit the use of Your Whizmo Account to carry out any transactions on behalf of any other person.
  • You acknowledge that these Terms & Conditions are subject to amendment, modification or variation from time to time if required by, or found to be in conflict with, applicable law or regulation or otherwise without affecting the validity or enforceability of the remaining provisions.
  • These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior terms. In the event of inconsistency between these Terms & Conditions and previous editions, this version will prevail.
  • These Terms & Conditions may be amended by Whizpay from time to time as Whizpay introduces new functionalities to Whizmo. Such amended Terms & Conditions may be 15 published on the Whizpay website from time to time and shall take effect immediately upon publication.
  • Whizpay’s failure to exercise or enforce any right under these Terms & Conditions shall not be deemed to be a waiver of any such right nor shall it prevent Whizpay from exercising or enforcing the rights in question at any time.
  • You must not use the Whizmo Services for the receipt of or payment for goods or services that offend or circumvent any laws including without limitation, contraband drugs, firearms, obscene or illegal material or services, infringement of third party intellectual rights, running illegal or unauthorised activities, as well as material that is morally repugnant; incites violence or desires to cause harm to others; encourages or incites any person to engage in dangerous practices or to use harmful substances; induces or promotes political, religious or racial disharmony; causes grave or widespread offence;
  • Without prejudice to the provisions of clause 15, where Whizpay receives certificate of the death or permanent incapacity of an Whizmo User, Whizpay shall suspend all Account activities until satisfied that the relevant provisions of the Succession Act or permanent incapacity (as the case may be) have been followed.
  • A person claiming access to funds by virtue of being a Successor (in the event of death) or Attorney (in the event of permanent incapacity) shall, upon request by Whizpay, produce letters of administration/grant of probate (in the event of death) or a court order authorizing the person to manage the assets (in the event of permanent incapacity) or such other document as may be prescribed.
  • If the Courts appoint a Successor or Attorney, as the case may be, Whizpay shall rely on such appointment of Successor or Manager in its decision to transmit funds held to the credit of Your Account to the Successor or Manager upon the event of Your death or permanent incapacity, as the case may be.
  • You acknowledge that Whizmo Network Partners are independent contractors and Whizpay shall not be liable for the acts or omissions of Whizmo Network Partners.
  • You acknowledge that, to the extent permitted by law, Whizpay may assign, sub-contract, delegate or otherwise transfer the benefit of these Terms and Conditions or any obligations under them to any other person including International Money Transfer Intermediares without your consent.
  • For further information about any additional services and functionality available on Whizmo Application, please refer to the Frequently Asked Questions (“FAQs”). If there is any conflict or inconsistency between the provisions of these Terms & Conditions and the FAQs, the provisions of these Terms and Conditions shall prevail.
    •  Indemnity
    You agree to indemnify, save, and hold Whizpay, its affiliates, contractors, sub-contractors, employees, officers, principals, directors, agents, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of Whizmo services; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Whizpay reserves the right, at Your expenses, to assume the defense and control of any matter for which You are required to indemnify Whizpay, including rights to settle such claims. Whizpay will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification.
    Governing Law & Dispute Resolution
  • You may contact Whizmo Customer helpline 800944966 or any other line as advised by the Customer Excellence Ambassador ), digital messasing channels or through our online chat feature for any disputes, claims or to report Account discrepancies. Whizmo Customer Excellence shall handle the report in accordance with Whizpay’s standard complaint handling procedures.
  • You may also approach one of Our retail locations to resolve issues or raise a claim and concerns. In certain circumstances Whizpay in conjunction with the Network Partners may provide for dispute resolution mechanisms. You agree to abide by such mechanisms as may be advised by Whizpay or the Network Partner from time to time.
  • Any dispute arising out of or in connection with this Agreement that is not resolved by Whizmo Customer Excellence may be brought to the attention of the manager in charge of dispute resolution.
  • Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Excellence Ambassadors, You shall be referred to Whizpay’s Complaints Management Team for further processing.
  • Unresolved disputes shall be escalated to UAE courts as the competent jurisdiction.