These terms and conditions (the "Terms") form a binding agreement between you and GINI, the Iraqi company headquartered in Baghdad ("GINI", "we" or "us"), concerning your use of gini.iq and every platform, application, portal and programme that GINI operates or offers under its brand (together, the "Services").
By accessing or using the Services or creating an account, you acknowledge that you have read and understood these Terms and agree to be bound by them and by the Privacy Policy, which forms an integral part of them. If you do not agree to any of them, please refrain from using the Services.
Particular Services or programmes may be subject to supplementary terms, such as a commercial partner agreement, a service-level agreement, or the published rules of a promotional programme or draw ("Supplementary Terms"). Supplementary Terms are presented at sign-up or within the Service, are read together with these Terms, and prevail over them for that Service where they conflict.
Definitions
- "User" or "you": any natural or legal person who accesses or uses the Services in any capacity.
- "Commercial partner": any organisation or person offering products or services through the Services, or subscribing to GINI's business services, under an agreement with GINI.
- "Content": anything published, uploaded or transmitted through the Services, including text, images, clips, data, ratings and correspondence.
- "Programmes": the loyalty, reward, promotional, prize-draw and campaign programmes organised by GINI or its partners through the Services.
Eligibility and accounts
- To use the Services you must be at least eighteen years of age and have legal capacity, or use them with the consent, supervision and responsibility of your guardian.
- You undertake to provide accurate, complete and up-to-date information at registration and throughout your use, and to maintain a single account unless we authorise otherwise in writing.
- You are responsible for keeping your credentials confidential and for all activity carried out through your account, and you must notify us immediately of any unauthorised or suspected use.
- We may request verification of your identity or eligibility at any time, and may suspend the account until verification is complete.
Commercial partners
Commercial partners register through the channels designated for that purpose, and we may verify identity, business and licences before activation. In addition to any commercial partner agreement or Supplementary Terms, the partner undertakes to:
- Ensure the accuracy of the products, services, prices, images and stock it offers, keep them up to date, and bear full responsibility for them.
- Perform its obligations to customers within the published timeframes, and handle cancellations, returns, exchanges and warranties under its published policies and no less favourably than the law requires.
- Comply with the laws and regulations in force in the Republic of Iraq, including licensing, tax, consumer-protection and anti-money-laundering requirements, and refrain from offering prohibited, counterfeit or rights-infringing goods or services.
- Pay the fees, commissions and subscription charges agreed in the partner agreement or chosen package, which may be revised with prior notice. Balances are settled through approved payment partners on the published schedules.
- Data the partner enters into GINI's systems remains the partner's property, with a licence granted to GINI to use it as necessary to provide the Service. The partner is responsible for the permissions of its staff and users and for the accuracy of what they enter.
Transactions, payment and delivery
- Unless Supplementary Terms provide otherwise, the contract of sale or service is concluded directly between the customer and the commercial partner; GINI provides the technical platform, payment methods and delivery coordination without being a party to that contract.
- Prices are shown in Iraqi dinar unless stated otherwise, and any applicable delivery or service fees are disclosed before the transaction is confirmed. Manifest pricing errors may be corrected, in which case the customer may cancel the transaction.
- Payments are processed through licensed payment partners or the other methods available in the Service, and are subject to the relevant partner's terms and security requirements. GINI does not retain full card numbers.
- Delivery times are estimates and depend on the area, the delivery partners and circumstances beyond control. The customer may cancel an order before dispatch, and return or exchange under the commercial partner's published policy and the law.
- In Services that enable direct dealings between individuals, GINI acts solely as a technical intermediary; it does not own, inspect or guarantee the quality or description of listed items, and the parties are responsible for verification, handover and payment between themselves.
Promotional programmes, rewards and draws
- Points, rewards, vouchers and draw entries are promotional benefits, not money or financial instruments; they cannot be redeemed for cash, sold or transferred between accounts unless the programme's rules provide otherwise.
- Rules on earning, redemption, eligibility, validity and expiry are those published within the Service for each programme; we may amend those rules or end a programme with prior notice, without affecting benefits earned before the amendment unless the law requires otherwise.
- Draws are conducted through transparent, auditable mechanisms and their results announced in the manner set out in each draw's rules. Winners must prove their identity and eligibility and claim the prize within the announced period, failing which the prize is forfeited. Specific categories, such as staff administering the draw, may be excluded under its rules.
- We may void any benefits or results obtained through fraud, fake or duplicate accounts or exploitation of technical errors, and recover anything already paid out, without prejudice to our legal remedies.
Acceptable use
When using any of the Services you must not:
- Commit fraud, impersonate others, provide misleading information, or create fake or duplicate accounts.
- Manipulate ratings, reviews, points, tickets, draw results, vouchers or any other benefits.
- Publish unlawful, abusive, defamatory or rights- or privacy-infringing content, or offer prohibited, counterfeit or hazardous goods or services.
- Attempt unauthorised access to systems or accounts, extract data automatically, introduce malicious software, disrupt the Service, circumvent its security controls, or reverse-engineer any part of it.
- Use the Services for any purpose that breaches the law, these Terms or Supplementary Terms, or in a way that harms GINI, its users or its partners.
Breach of these rules may result in removal of content, suspension or termination of the account, forfeiture of benefits obtained in breach, and a claim for damages, without prejudice to any other right available to us under these Terms or the law.
Content and intellectual property
- The Services and their systems, software, designs, marks, names, logos, characters and editorial content belong to GINI or its licensors and are protected by intellectual-property law. Your use of the Services grants you no right in them beyond a limited, non-exclusive, revocable licence to use them under these Terms.
- The brand guide published on this site defines the permitted uses of GINI's identity assets; any use beyond it requires written permission.
- You retain ownership of the Content you publish, and grant GINI a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, distribute and technically adapt it within the Services for the purposes of operating and promoting them. You warrant that you hold the rights needed to grant this licence and that the Content does not infringe others' rights.
- Ratings and reviews must be honest and based on a genuine experience. We may review Content and remove anything that breaches the Terms or the law, without assuming any obligation to monitor it in advance.
- Any feedback or suggestions you provide about the Services may be used by us without restriction or compensation.
Third-party services
The Services may integrate with, or link to, services provided by other parties, such as payment and delivery partners and social and content platforms. Those services are subject to their owners' terms and policies; GINI is not responsible for their content, availability or practices, and their inclusion does not constitute endorsement.
Availability and evolution of the Services
- We strive for the highest levels of availability and stability and announce scheduled maintenance in advance wherever possible, but the Services may experience interruptions or delays for technical reasons or causes beyond our control.
- We may develop the Services, modify their features, or discontinue any of them in whole or in part, with reasonable prior notice where the change is material, and without obligation in respect of features that were not the subject of a specific contractual commitment.
- Business services and technical integrations are subject to the service and support levels set out in their own agreements.
Suspension and termination
You may close your account at any time from within the Service or by contacting us. GINI may, with or without notice depending on the seriousness of the case, suspend, restrict or terminate an account for breach of these Terms or Supplementary Terms, reasonable suspicion of fraud or harm to others, at the request of a competent authority, or upon discontinuation of the relevant Service.
Termination does not affect rights and obligations that arose before it; outstanding amounts remain payable, and provisions that by their nature should survive, including those on intellectual property, limitation of liability and governing law, continue to apply.
Disclaimers and limitation of liability
The Services are provided "as is" and "as available", without express or implied warranties as to fitness for a particular purpose, freedom from error or uninterrupted operation, to the extent permitted by law.
To the maximum extent permitted by law, GINI is not liable for any indirect, consequential or incidental damages, or for loss of profit, business, data or reputation, arising from use of or inability to use the Services, nor for the acts of commercial partners, sellers, payment or delivery partners, other users or any other third party, nor for events beyond its reasonable control.
In every case where GINI's liability is established, its aggregate liability for any claim is limited to the fees you paid directly to GINI for the Service concerned in the twelve months preceding the claim. Nothing in these provisions limits liability that cannot be excluded or limited by law, or rights that cannot be waived.
You agree to indemnify GINI, its affiliates and its staff against any claim, loss or cost arising from your breach of these Terms, of the law, or of the rights of others.
Force majeure
GINI is not in breach of its obligations where performance is prevented in whole or in part by events beyond its reasonable control, such as natural disasters, epidemics, civil disturbance, fire, failure of telecommunications, power or third-party services, or acts of public authorities.
Governing law and dispute resolution
These Terms, and everything arising from or connected with them, are governed by the laws of the Republic of Iraq. Before resorting to the courts, both parties undertake to seek an amicable settlement of any dispute through GINI's official support and contact channels within a reasonable period. Failing amicable settlement, the courts of Baghdad have exclusive jurisdiction, subject to any mandatory jurisdiction the law grants in favour of consumers.
General provisions
- These Terms, together with the Privacy Policy and any Supplementary Terms, constitute the entire agreement between you and GINI concerning the Services and supersede any prior understandings on their subject matter.
- If any provision of these Terms is held invalid or unenforceable, that provision applies to the fullest extent permitted by law and the remaining provisions continue in full force.
- GINI's delay or failure to exercise any right is not a waiver of it. You may not assign your rights or obligations under these Terms without our written consent; GINI may assign them to any affiliate or legal successor.
- Formal notices to you are given through the Service or the contact details registered in your account; notices to GINI are given through the contact channels set out in these Terms.
Amendments to these Terms
GINI may amend these Terms from time to time to reflect the evolution of its Services or changes in legal requirements. The updated version is published on this page with its effective date, and we notify you in advance of material amendments through the Service or your registered contact details. Continued use of the Services after an amendment takes effect constitutes acceptance of it; if you do not agree, you may close your account before it takes effect.
Contact us
For any enquiry about these Terms or to report a breach of them, contact us by email at info@gini.iq, by phone on 7721, or in writing to GINI — Baghdad, Republic of Iraq.
The Arabic version of these Terms is the authoritative one; the English text is a courtesy translation, and the Arabic text prevails in case of any conflict.