Terms of use

Art. 1 : Scope of application

Subject to the provisions of the Bank’s General Terms and Conditions of Business, these terms and conditions of use apply to any individual or legal entity using the Illicocash service.

Art. 2: Definitions

For the purposes of these terms and conditions, :

• “Bank“: means RAWBANK, a public limited company with a Board of Directors, whose head office is located in Kinshasa (Democratic Republic of Congo), at 12/ 66, intersection of Avenues Katanga and Colonel Lukusa;
• “Subscriber” means any individual or legal entity who subscribes to the illicocash platform in order to open an illicocash account;
• “illicocash Service“: refers to the electronic wallet that enables the subscriber to carry out various types of transactions by debiting and crediting the illicocash account, transferring funds, paying bills and any other financial service implemented by the Bank.
• “illicocash Account“: refers to the illicocash electronic purse received after subscribing to the illicocash platform, making the telephone number the identifier of the illicocash electronic purse, assigning it two pockets, one in Congolese francs and the other in US dollars.
• “Ilicocash Customer“: refers to any individual or legal entity holding an illicocash account.
• “illicocash Premium customer“: refers to any subscriber who has subscribed to the electronic purse, whose information entered in the system (KYC) has been validated by the Bank’s dedicated back office and processed in compliance with the applicable rules.

Art. 3: Purpose

The present Terms and Conditions define the terms and conditions of subscription, use and termination of the IllicoCash Service by the Subscriber.

Art. 4 : Subscription

Any individual or legal entity wishing to subscribe to the IllicoCash service, whether or not they already hold an account with the Bank, must indicate at the time of subscription the telephone number they wish to be linked to the IllicoCash service, as well as their personal details.

On acceptance of these Terms of Use, the Subscriber will receive an activation code on his or her telephone, but the service will be activated only after the Token and PIN have been inserted in the field indicated.

The Subscriber undertakes to use the IllicoCash Service exclusively for his or her own personal use, for lawful purposes and in accordance with the conditions laid down both by the Bank and by law. The Subscriber also agrees to be bound by all rules, procedures and conditions relating to the service.

Art. 5 : Service description

5.1 Operations

 The IllicoCash service allows you to carry out the following operations:

1. Consult the balance of bank accounts opened in the Bank’s books ;
2. Checking your illicocash account balance ;
3. Cash withdrawals from illicocash account ;
4. Linking the bank account to the illicocash account ;
5. Replenishment of illicocash account ;
6. Money transfer between illicocash accounts ;
7. Money transfer between illicocash accounts and bank accounts opened in the Bank’s books;
8. Money transfer to electronic wallets of financial messengers in contractual relationship with the Bank;
9. Sending money from the illicocash account to any person identified by the Bank on their telephone number;
10. Exchange rate consultation ;
11. Using geolocation ;
12. Payment of invoices ;
13. Foreign exchange transactions ;
14. Buy online

The Bank reserves the right to require a bond to guarantee the performance of any obligation or commitment entered into by the Policyholder.

5.2 Risk awareness

The Subscriber acknowledges and accepts the risks that may result from the use of the Illicocash service and all related operations. By subscribing to the service, the Subscriber has agreed to the present Terms of Use and has acknowledged that he/she has fully understood its use.

The Subscriber accepts and acknowledges the following:

     a) The nature of the risks associated with the underlying transactions ;

      b) The extent of the economic risk to which it is exposed as a result of its transactions as an Underwriter;

Art. 6: Terms of use and confidentiality codes

6.1 Creating a user name and password

The Subscriber must create a username and password to access his/her Illico Cash account. By logging into the system with their username and personal password, the Subscriber will have access to the options for carrying out the operations described in article 4 above using their cell phone, tablet or laptop.

The Subscriber undertakes to keep his/her password secret and to change it whenever he/she sees fit.

6.2 PIN code selection

 The Subscriber may choose the PIN code, which he or she will use to validate the various operations. It is the Subscriber’s responsibility to keep it secret and to protect it from misuse. 

The Subscriber is obliged to change the PIN code regularly and not to make it accessible to third parties.  The Subscriber is solely responsible for any damage resulting from the loss or fraudulent use of the telephone number, SIM card, user name and password, as well as the PIN code. The Bank shall under no circumstances be held liable for any damage resulting from the loss or fraudulent use of the Subscriber’s telephone number, user name and password and/or PIN code.

The Subscriber undertakes to inform the Bank immediately of the need to block his account, cancel and/or replace his telephone number, in writing or by any other means that can be acknowledged by the Bank.

After verifying the Subscriber’s identity (telephone number and PIN) and the availability of his or her assets, the Bank will execute all orders and instructions issued by the Subscriber within a reasonable time.

The Bank reserves the right to accept or require instructions in writing, to disregard unwritten orders and to require written proof identifying the Subscriber.

The Bank is entitled, if it deems it necessary, to introduce and require additional levels of identification for all or part of its services, including the insertion of a strikethrough number list and/or a secure identification system.

Art. 7: Pricing

 Transactions carried out on the IllicoCash account are subject to a fee schedule. The fee schedule is published by the Bank. However, the Bank reserves the right to modify the fee schedule in line with market trends.

With regard to foreign exchange transactions, the Bank reserves the right to set, at its sole discretion, daily, weekly and monthly limits, if any, for the purchase and sale of currencies per customer.

Art. 8: Modification, suspension or cancellation of orders

 Under no circumstances may the Subscriber modify, suspend or cancel a transfer or money dispatch order that he or she has initiated and confirmed.

It is the Subscriber’s responsibility to check the data entered carefully before validating any transactions. In the event of an error on the part of the Subscriber, the Bank cannot guarantee the return of funds. 

Art. 9 : Irrevocability of legitimation

 Anyone who identifies himself/herself in accordance with article 3 is deemed to be entitled to use the services offered by Rawbank under these General Terms and Conditions. Orders and communications issued under these conditions are considered by the Bank to be unquestionably authorized by the Subscriber.

Art. 10: Blocking access

 The Subscriber may, at any time, request Rawbank to immediately block access to his/her account(s). Only Rawbank is entitled to revoke such blocking in writing.

The Bank reserves the right to block the Subscriber’s access by telephone at any time, without explanation and without further notice, insofar as it deems such blocking necessary.

Art. 11: Liability

The Illico Cash service is available 24 hours a day, 7 days a week, subject to necessary technical maintenance and computer updates.

The Bank cannot be held responsible for any stoppage or malfunction of the service as a result of events beyond its control (data transport, malfunction of equipment or telecommunication networks).

The Bank cannot in any way be held responsible for any misuse or fraudulent use that may be made by any person whatsoever, nor for any malicious use due to negligence or imprudence on the part of the Subscriber.

The Bank is bound by professional discretion. It may not, however, evade the obligation to communicate information concerning a customer, when such communication is required by law or regulation.

The Illicocash Customer is responsible for the accuracy, truthfulness and authenticity of all information and personal data communicated to the Bank. He/she shall be held criminally and civilly liable in the event of any violation of applicable legislation on the protection of personal data and privacy.

Art. 12: Policyholder’s liability

 The Subscriber hereby undertakes, under penalty of being held liable or having his illicocash operations suspended, to :

• Take all necessary measures to ensure that its user name, password, PIN code and any other identifier that must remain secret are kept safe and secret;
• Inform the Bank of any change in personal details, in particular: telephone number, postal address, e-mail address, etc ;
• Comply with the instructions and use of the Illico Cash service, which will be brought exclusively to your attention;
• Identify all beneficiaries of a cash dispatch operation.

Violation by the Subscriber of current legislation, rules and instructions relating to the proper use of the Illico Cash service, and more specifically those relating to the storage and use of identifiers and other confidential codes resulting in fraudulent or malicious use by a third party, justifies immediate termination of the present contract without notice.

Art. 13: Security/risks related to the Internet and Mobile services

 The Subscriber expressly exonerates the Bank for any damage incurred as a result of transmission errors, transmission failures, technical errors, overloads, breakdowns, malfunctions, interference, illegal intrusion, hacking, blocking of tools and networks, or any other inadequacy in the supply of telecommunication or network services.

The Subscriber is aware that data is transmitted via Internet networks beyond the borders of the DRC. The Bank accepts no responsibility for, and provides no guarantee or undertaking in respect of, the correctness, accuracy or completeness of the data transmitted under these conditions over the Internet or by cell phone.

The information available to the public is given for information purposes only and does not in any way engage the responsibility of the Bank.

The Subscriber is deemed to have acknowledged the risks associated with the use of the Internet and mobile services, for which the Bank cannot be held liable under any circumstances:

It is the Subscriber’s sole responsibility to obtain information on the necessary security measures to prevent unauthorized access or intrusion.

The software and hardware available to or used by the Subscriber must come only from reliable sources offering maximum technical security.

The Subscriber expressly accepts that communications from the Bank may be made electronically.

The Subscriber acknowledges and accepts all consequences, losses and risks that may arise from the transfer of data by electronic or mobile means.

Art. 14: Outsourcing

The Subscriber acknowledges and accepts that the Bank may outsource or cede certain parts of its business lines to third parties under its responsibility, in order to provide services on an ongoing basis but not limited to the areas of IT, administration or accounting.

Art. 15: Fraudulent use

The Subscriber may be held civilly and criminally liable for fraudulently accessing or remaining in a computer system, obstructing or altering the operation of such a system, or fraudulently introducing or modifying data in a computer system.

Art. 16: Modification and updating of the General Conditions

The Bank reserves the right to modify these General Terms and Conditions at any time. The new General Terms and Conditions relating to the Illico Cash service will be brought to the attention of the Subscriber by post, e-mail, SMS or any other channel, one month before they come into force, thus giving the Subscriber the opportunity to cancel the contract in the event of disagreement.

The Subscriber agrees to accept any updates to the general terms and conditions. The Subscriber is aware that failure to accept updates may result in suspension or termination of the service.

The Bank reserves the right to terminate the contract with any Subscriber who has not accepted the updates.

Art. 17 : Cancellation of subscription

The Bank is entitled to terminate or suspend adherence to these General Terms and Conditions at any time and without notice, particularly in the event of a dispute with the Subscriber, or in the event of fraudulent use by the Subscriber.

The Policyholder may terminate these General Terms and Conditions by writing to the Bank.

Membership terminates automatically when the Subscriber no longer has an account with Rawbank.

Art. 18: Protection of personal data

Any information transmitted when using the Illicocash service which contains, for any reason whatsoever, elements recognized by law or jurisprudence as being linked to private life or of a personal nature, or data making it possible to identify individuals and/or third parties, may only be used for the purposes of managing the relationship with the Subscriber or for any other purpose explicitly provided for at the time of its communication.

The Customer undertakes and guarantees to have obtained the consent of the beneficiaries to transmit their personal data to the Bank.

The illicocash Customer authorizes the Bank to use his/her personal data in execution of the terms of the present conditions and to communicate to him/her any commercial information relating to the financial services it offers.

Personal data exchanged when using the Illicocash Service is treated confidentially and securely and is used only in accordance with national and international legislation.

Art. 19: Evidence agreement

The Bank is equipped with the necessary means for the transmission and recording of electronic information, the implementation of electronic signatures, the certification of electronic signatures, as well as their reproduction on paper or in electronic form.

For all transactions that the illicocash customer disputes having authorized or instructed by electronic means, the Bank, acting in good faith and being equipped with qualified and certified IT tools, must provide proof that the transaction was genuine, duly recorded and accounted for, and that it was not affected by a technical problem.

Art. 20: Applicable law

These conditions are governed by the laws applicable in the Democratic Republic of Congo.

Art. 21: Dispute settlement

Any disputes that may arise concerning the interpretation or execution of these conditions will be settled amicably.

And in the event of disagreement persisting for more than one month, only the Courts and Tribunals of the Democratic Republic of Congo will have jurisdiction.

Art. 22: Final provisions

Membership of the Illico Cash service implies acceptance of these General Terms and Conditions and those governing Google Play Store, App Store, Blackberry App World and Microsoft Store.

All costs and expenses incurred in the enforced recovery of transactions shall be borne by the Policyholder.