­­IBAG Mobile App Terms & Conditions

This version of Terms and Conditions was updated on [12-Dec-2023].

Please read these terms and conditions (Terms & Conditions) carefully before using Our Service(s).

International Business Associates Group for Money Transfer Services IBAG S.A.E. (hereinafter referred to as “IBAG” and/or “We” and/or “Us” and/or “Our”) is an Egyptian Joint Stock company with its head office located at unit W402 – 403, Galleria 40, Sheikh Zayed, 6th of October, Giza, Egypt. IBAG is a Western Union agent in Egypt, regulated by the Central Bank of Egypt (CBE). IBAG provides remittance service to payout Western Union transactions in Egypt to our customer(s) and the users of IBAG Mobile App (hereinafter referred to as “User” and/or “You” and/or “Your”).

These Terms & Conditions constitute a legally binding agreement made between You and IBAG. These Terms & Conditions govern your access to and use of IBAG services, IBAG mobile application (hereinafter referred to as “IBAG Mobile App”), technologies, software, content, and information that IBAG provides (collectively referred to herein as “IBAG Services”). By accessing IBAG Services, You will be deemed to have read, understood, and agreed to be bound by these Terms & Conditions. The continued use of IBAG Services constitutes acceptance by the User of Terms & Conditions as amended from time to time. Usage of IBAG Services shall be further subject to Western Union services (WU) Terms & Conditions as an integral part of this Agreement and complementary part thereto. In the event of any conflict or discrepancy between WU Terms & Conditions and these Terms & Conditions, WU Terms & Conditions shall prevail. In addition to these Terms & Conditions, there might be additional separate terms & conditions that may be applied for specific products & services. If You do not agree with all of these Terms & Conditions, then You are expressly prohibited from using IBAG Services and You must discontinue use immediately.

1-User Representation

You represent and warrant that: (1) all registration information and documents You submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and documents and promptly provide Us the updated information and documents as and when necessary; (3) You have the legal capacity and You agree to comply with these Terms & Conditions; (4) You are not under the age of 18 or having any impediments to legal capacity, or if a minor, You have received parental /guardian’s permission to use IBAG Services; (5) You will not access IBAG Services through automated or non-human means, whether through a bot, script, or otherwise; (6) You will not use IBAG Services for any illegal or unauthorized purpose; (7) You will keep Your security credentials, passwords, Mobile Personal Identification Number (MPIN), mobile phone biometrics and security codes strictly confidential and secure; (8) secure Your mobile device and ensure that IBAG Mobile App is not used by another person.

In case of failure to update Your Information and documents immediately upon their change or expiry, such as: changing of Your address or expiry/change of your National ID or passport, Your IBAG Services may be subject to suspension, until updating Your information or providing Your updated document(s).

Providing any information that is untrue, inaccurate, not current or incomplete, or any falsified information or document, or using IBAG Services for illegal purposes or in a prohibited way constitutes a breach of Terms & Conditions, Accordingly, We have the right to suspend, deactivate or terminate use of IBAG Services immediately (or any portion thereof).

The User represents and undertakes not to do any of the following acts:

2-Registration and Security

Upon completing the signing up process on IBAG Mobile App, You shall physically sign the registration form (Know Your Customer form) for IBAG Services at a branch, for Us to perform the physical verification process and activate IBAG Services.

We, or any representative of Ours, will never ask You for Your MPIN or OTP.

Changing Your mobile number linked to IBAG Services is not allowed. You shall continue owning Your mobile number and keep it active with Your mobile operator. Nevertheless, in some exceptional cases of losing ownership of the mobile number, We may deactivate access to your IBAG Services linked to Your mobile number, provided that You notified Us immediately with such event.

In case You lost Your mobile phone, You must notify Us immediately along with Your mobile operator asking them to block your SIM / mobile phone. As a precautionary measure, to ensure that your IBAG Account is not used by another person, We will deactivate the access to Your IBAG account temporarily until We receive Your confirmation of obtaining a new SIM card with the same number.

If you change Your mobile device, You must uninstall IBAG Mobile App from your old device, before changing, and downloading it on your new mobile device.

3-Linking Your Bank Account / Mobile Wallet / Prepaid Card

You must link only Your own bank account / mobile wallet / prepaid card (collectively referred to as “Bank Account” herein) to your IBAG Mobile App, and not any other person’s. The Bank Account You link must be operational and active.

The accuracy and completeness of Your Bank Account details provided by You is Your Responsibility. Therefore, We are not responsible for any error, incomplete information provided by You, failure to transfer, or transferring to wrong Bank Account because of negligence or fault from Your side.

4-Using Our Money Transfer Payout Services

Through IBAG Mobile App payout service, You can submit a request to payout a money transfer by entering the transaction Number on IBAG Mobile App.

You will be required to enter the required data, including but not limited to the sender’s Name, Originating Country, Transfer Amount, Transfer Currency, Purpose of the Transaction, and Relationship Between You and the Sender.

The transaction payout will be executed by Us only if the data provided by You is correct and matches with the data in Western Union system.

You can choose the way of receiving your money among multiple Receiving Modes as made available on IBAG Mobile App, which may include branch cash pick-up, or transfer to your Bank Account. We may change the types of permitted Receiving Modes from time to time.

Receiving Modes other than cash may involve currency conversion (FX) transaction in case the sender made the transfer with a USD payout. IBAG uses a Partner bank to provide the currency conversion transaction. In case of an FX transaction, the currency conversion rate will be applied based on the conversion rate as on the date and time of executing the transaction as provided to Us by the Partner bank.

Some limits on transaction amount (such as; limit on the transaction amount or total daily/monthly payout amount) may be applied for certain Receiving Modes (for instance: for mobile wallet / prepaid card) according to the limits imposed by the Egyptian Laws and regulations, by the mobile wallet/card provider or the regulations and rules of the Central Bank of Egypt.

We will execute the money transfer to Your chosen Bank Account within one working day of receiving Your request. We are not responsible for any delay at Your Bank Account provider in crediting money into Your Bank Account.

In case Your Bank Account provider rejects the credit into Your Bank Account, We will reverse the transaction and return it to Western Union, also we may try to contact You as soon as possible, based on Our sole discretion either ask You to add another bank account / mobile wallet / prepaid card of Yours, or to receive it from any of Our branches.

5-Transaction History

You can view the transaction history of your transfers paid-out via IBAG Mobile App. We do not send any account statement(s) via email or physical mail.

If You found any suspicious or wrong transaction(s), You must inform Us immediately about such transaction(s).

Any instruction You submit through IBAG Mobile App is final and we act upon it accordingly. Once you submit the request, You cannot cancel it.

You are responsible for making sure that Your device can run IBAG Mobile App (which we will update from time to time). We cannot guarantee that all features in IBAG Mobile App will work as expected on older / all operating systems. You must update your operating system if possible or change your mobile device, in case it is not possible to update the operating system.

You declare that Your use of IBAG Services shall not breach the applicable law including but not limited to Anti Money Laundering Law, its executive regulation, and the relevant decrees related thereto.

6-Fees & Charges

IBAG may levy a fee on Your transactions. Such fees, if any, will be notified to You before You submit your transaction request.

Other costs, taxes, or charges may be imposed by third parties as a result of Your use of IBAG Services, which are beyond Our control and not charged by Us. For example, Your bank or mobile wallet / prepaid card provider may charge you for crediting money to Your bank account / mobile wallet / prepaid card.

7-Service Continuity

We take reasonable care to ensure that IBAG Services are available on 24×7 basis. However, sometimes due to reasons beyond Our control, such as technical disruptions or malfunctions or technical maintenance/Mobile Application updating…  etc, the service availability might get affected, taking into consideration that we exert Our best efforts to restore it as soon as possible.

8-Term and Termination

These Terms & Conditions shall remain in full force and effect while you use IBAG Services. Without limiting any other provision of these Terms & Conditions, We reserve the right to, in Our sole discretion and without notice or liability, deny access to and use of IBAG Services (including blocking certain IP addresses), to any person or any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms & Conditions or of any applicable law or regulation. We may terminate and/or prohibit Your use or participation in IBAG Services.

In the event of any misuse, We shall have sole and absolute discretion to take suitable legal action against You, besides seeking appropriate legal remedies at Your cost and expenses. We may suspend Your access to IBAG Services or temporarily disable access to whole or part of any of IBAG Service(s) due to one or more of the following reasons:

IBAG shall not be liable to You or any third-party for the suspension of IBAG Services(s), or any claims related to such suspension.

We will continue to retain Your data until it is no longer necessary to provide IBAG Services or as per relevant legal or regulatory retention needs.

This Section shall survive termination or expiration of these Terms and Conditions, for any reason.

9-Communication

We communicate with You through various means such as through IBAG Mobile App, in-App notifications, Chat, SMS, email, Your contact address, and/or phone number. By using IBAG Services, You consent to any form of recording and retention of any communication, information, and data exchanged between You and IBAG or its representatives or agents.

10- Data Privacy

By registering on IBAG Mobile App, You are consenting to have Your data collected, transferred to, and processed by IBAG, its partners, and its affiliates. You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms & Conditions, which may result an immediate suspension/deactivation/termination of your usage of IBAG Services.

We collect and process Your data for the purpose of safety, integrity, and security of IBAG Mobile App and Your data. Also, We use such data that We have to identify our user(s), verify accounts and activity, conduct research and innovate on IBAG Services to provide more convenient experience, communicate with Our User(s), confirm Your identity, prevent any harmful conduct or illegal activities such as money laundering, tax evasion and fraud, and for adherence to laws and regulations, etc.

The data that We collect including but not limited to the following:

We do not sell Your personal data to third parties, while some data that directly identifies You might be shared with third parties for the sole purpose of providing You with IBAG Services.

To serve You, IBAG may need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered part of IBAG Services, which you may not be able to opt-out from receiving.

Information that We receive about Our Users (including but not limited to; Your personal data, Your financial transaction data related to IBAG Services / Western Union transactions) might be accessed and/or preserved for an extended period and/or may be shared with governmental bodies, law enforcement authorities, sovereign entities and regulators in the circumstances specified in the Egyptian laws and regulations or in any other applicable jurisdictions including but not limited to: in response to a legal request or as a result of a legal or contractual obligation, as a part of a prosecution investigation, or as a part of investigation pursuant to a suspected violation to the applicable law, and/or to the terms and conditions of our partners or policies, or otherwise to prevent harmful or illegal activity. We also may retain information from accounts temporarily disabled/suspended for term breaches to prevent repeated abuse or other breaches.

11-Third-party partners

We work with third-party partners who help Us operate and improve IBAG Services. We also impose strict restrictions on how Our partners can use and disclose the data We provide. IBAG Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third- Party Websites accessed through IBAG Services or any Third-Party Content posted on, available through, or installed from IBAG Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Us. If You decide to leave IBAG Services and access Third-Party Websites or to use or install any Third-Party Content, You do so at your own risk, and You should be aware that these Terms & Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from IBAG Mobile App or relating to any applications You use or install from such services. You agree and acknowledge that We do not endorse the products or services offered on Third-Party Websites and You shall hold Us blameless from any harm caused by Your use of such products or services. Additionally, You shall hold Us blameless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12-Intellectual Property Rights

‘IBAG’ logo is a trademark of International Business Associates Group for Money Transfer Services IBAG (S.A.E). You agree not to display or use, in any manner, our trademarks, without our prior written permission.

We are the owner or the licensee of all intellectual property rights contained in IBAG Services, with exception to those trademarks or copyrights that belong to our Partners or third parties, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in IBAG Mobile App (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

We reserve all rights of IBAG Services, Content, and Marks. Our Content and Marks are protected by intellectual property laws and treaties in Egypt and around the world.

The Content and Marks are provided in or through IBAG Services “AS IS” for your personal and non-commercial use only.

Except as set out in this section or elsewhere in Our Terms & Conditions, no part of IBAG Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.

Any breach of these Intellectual Property Rights will constitute a material breach of these Terms & Conditions, Your right to use IBAG Services will terminate immediately accordingly.

13-Disclaimer of Warranties

IBAG Services are provided on an “as-is” and “as-available” basis. To the fullest extent permitted under the applicable laws, IBAG expressly disclaims all warranties of any kind, whether express or implied, in connection with IBAG Services and Your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of IBAG Services’ content or the content of any websites or mobile applications linked to Our Services and We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of Our Services, (3) any unauthorized access to or use of our secure servers and/or any all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from IBAG services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through IBAG Services by any third-party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via IBAG Services.

We may add, modify, or remove content at our sole discretion. Certain content may be furnished through third-parties, such content includes without limitation any information, content, service, or software made available either through APIs, SDKs, framed areas, or hyperlinks to the third-party providers. We take utmost care to ensure that such content is accurate and useful, but We are not responsible for any inaccuracies, etc. on the part of third-party content providers.

14-Indemnification

You shall defend, indemnify and hold IBAG harmless, including Our officers, directors, agents, partners, employees, licensors, distributors, and representatives from and against any and all claims, demands, actions, causes of action, lawsuits, proceedings, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, arising out of or due to: (1) Your access and/or use of, or interaction with IBAG Services, (2) breach of these Terms & Conditions, (3) any act, error, or omission of Your use of IBAG Services, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; invasion of privacy; or violation of any applicable law or claim related to Your use, misuse or unauthorized use of IBAG Services or using IBAG Services using your login credentials, except where such use is authorized by IBAG, (4) any interruption in IBAG Services (including any error or delay in execution of a transaction, or transmission of some content due either to any negligent act or omission by the User, third-party or due to any “force majeure event” (such as: flood, extraordinary weather conditions, earthquake, fire, war, insurrection, riot, labor dispute, pandemics, action of government / regulators, communications or power failure, equipment or software malfunction) or due to any other cause beyond the reasonable control of IBAG; (5) any breach of Your representations and warranties set forth in these Terms & Conditions; (6) Your violation(s) of third-party rights, including but not limited to intellectual property rights. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

15- Limitations of liability

You agree and acknowledge that in the absence of intentional misconduct or gross negligence by IBAG, IBAG shall not be held liable for any losses or damages incurred by You or third-party whatsoever, whether such damages are direct, indirect, incidental, consequential, or liquidated damages including loss of profit, revenue, saving or data, or other damages arising from your use of Our Services. While We shall endeavor to promptly execute and process the transactions as instructed by You, We shall not be responsible for any interruptions, non-response, or delay in responding due to any reason whatsoever, including due to failure of operational systems or any change of laws.

We are not responsible for any loss or damage (direct or indirect) caused by a third-party or beyond our reasonable control. We are also not responsible for any loss or damage (direct or indirect) if something was unavoidable despite exerting the reasonable care and skill to avoid it or to mitigate its effect. This includes but not limited to the following events: hardware breakdowns, actions or decisions taken to comply with legal or regulatory requirements, delays or failures caused by third-party industrial action, problems with a third-party system or network (including power outages), and data-processing failures. Notwithstanding anything to the contrary contained herein, Our liability to You for any cause whatsoever and, will at all times be limited to an amount of the disputed transaction regardless of the form of the action and whether or not they have been informed of, or otherwise might have anticipated, the possibility of such damages or even if such damages had been foreseeable by You.

16-Backup

We will maintain certain data that you transmit to IBAG Services for the purpose of managing the performance of IBAG Services, as well as data relating to your use of IBAG Services. Although We perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using IBAG Services. You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption of such data.

17- Corrections

There may be information on IBAG Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on IBAG Services at any time, without prior notice.

18-Applicable Law and Dispute Settlement

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Arab Republic of Egypt. Any legal action or proceeding arising under these Terms & Conditions shall be subject to the jurisdiction of Giza Courts.

19-Miscellaneous

These Terms & Conditions and any policies or operating rules posted by Us on IBAG Services or in respect to IBAG Services. These Terms & Conditions constitute the entire agreement and understanding between You and Us. If any provision(s) of these Terms & Conditions are deemed unlawful, void or for any reason unenforceable, then such provision will be deemed severable for these Terms & Conditions and will not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. These Terms & Conditions shall operate to the fullest extent permissible by law. We may assign any or all of Our rights and obligations to others at any time. There is no joint venture, partnership, employment, or agency relationship created between You and Us as a result of these Terms & Conditions or using IBAG Services. You agree that these Terms & Conditions will not be construed against Us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms & Conditions and the lack of signing by the parties hereto to execute these Terms & Conditions.