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TERMS AND CONDITIONS FOR MTN TV BY AFRO MOBILE
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TERMS AND CONDITIONS FOR MTN TV BY AFRO MOBILE

IntroductionIntroduction

MTN TV by Afro Mobile ( “we”, “us”, or “our”) is a digital content distributor offering media and entertainment services. The Service enables users to access a wide range of content, including live television, radio channels, movies, series, documentaries, video-on-demand (VOD), music, podcasts, and other audio-visual material.

The Platform is accessible through mobile applications, smart television applications, websites, web portals, digital devices and other authorized platforms or technologies designated. Applications may be downloaded through authorized application stores, including the Google Play Store, Apple App Store, or such other digital distribution channels as may be approved from time to time.

MTN TV, including its software, applications, interfaces, designs, logos, trademarks, service marks, trade names, audiovisual content, films, movies, drama series, television channels, radio channels, podcasts, music, graphics, artwork, text, metadata, promotional materials and all other content made available through the Platform (“Content”), is owned by Afro Mobile, its licensors, content partners, broadcasters, producers and other rights holders and is protected by the Copyright and Neighbouring Rights Act of Uganda, trademark laws and other applicable intellectual property laws.

MTN (Uganda) Limited (“MTN Uganda”) shall act solely as a technology facilitator and application developer. Accordingly, MTN Uganda is responsible for providing access to the Service but shall not be responsible for the creation, ownership, or management of the content available on MTN TV, which remains the sole responsibility of Afro Mobile Media Limited

Nothing contained in these Terms shall be construed as transferring any ownership rights in the Platform or Content to any User.

 

Licence to Access ContentLicence to Access Content

Subject to compliance with these Terms and payment of any applicable subscription or access fees, MTN TV by Afro Mobile grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and view Content solely for your personal, private and non-commercial entertainment purposes through authorized devices.

This licence does not grant You any ownership interest in the Content or any right to commercially exploit the Content.

 

Restrictions on UseRestrictions on Use

Except as expressly permitted by MTN TV or any applicable law, You shall not:

  1. Copy, reproduce, download, record, archive or store Content.
  2. Distribute, transmit, rebroadcast, retransmit, publicly perform or communicate Content to the public.
  3. Modify, adapt, edit, dub, subtitle, translate, synchronize or create derivative works from any Content.
  4. Sell, rent, lease, license, sublicense or otherwise commercially exploit any Content.
  5. Remove, alter or obscure any copyright, trademark or proprietary notices appearing on the Platform or Content.
  6. Circumvent, disable, interfere with or otherwise compromise any security feature, encryption technology, access control mechanism or digital rights management system implemented by Afro Mobile.
  7. Use any robot, scraper, crawler, automated tool or other technology to extract, copy or harvest information from the Platform.

Any unauthorized use of Content may constitute copyright infringement and may result in suspension of access, termination of account privileges and legal action.

 

Afro Mobile Trademarks and Brand AssetsAfro Mobile Trademarks and Brand Assets

MTN TV by Afro Mobile logo, and all associated names, logos, graphics, designs, service marks and trade dress (“Afro Mobile Brand Assets”) are proprietary assets of MTN Uganda, and Afro Mobile Media Limited.

Except with prior written authorization from us, Users shall not:

  1. Use MTN TV by Afro Mobile Assets in any advertising, promotion, publication or commercial activity.
  2. Register any company name, business name, trademark, social media account, domain name or other identifier that is identical or confusingly similar to any of our Brand Asset.
  3. Imply any affiliation, sponsorship, endorsement or partnership with MTN TV where none exists.
  4. Modify, alter, distort or create derivative versions of our Brand Assets.
  5. Use MTN TV by Afro Mobile Brand Assets in any manner likely to cause confusion, deception or reputational harm.

Any goodwill arising from use of Afro Mobile Brand Assets shall inure exclusively to the benefit of Afro Mobile Media Limited and MTN Uganda.

 

Platform Control and Content AvailabilityPlatform Control and Content Availability

MTN TV by Afro Mobile reserves the right at any time and without prior notice to:

  1. Add, remove, suspend, replace or modify any Content available on the Platform;
  2. Introduce, modify or discontinue channels, programmes, subscription packages or content categories;
  3. Apply geographic restrictions, age classifications or access controls.
  4. Restrict access to specific Content based on licensing, legal, regulatory or commercial requirements.
  5. Monitor user activity to ensure compliance with these Terms and applicable laws.

The availability of any Content at a particular time shall not constitute a guarantee that such Content will remain available indefinitely.

 

User Feedback and SuggestionsUser Feedback and Suggestions

Where a User voluntarily provides comments, suggestions, recommendations, feedback or ideas regarding the Platform or Services, Afro Mobile shall be free to use, implement, modify and exploit such feedback without restriction and without any obligation to compensate the User.

 

Intellectual Property ComplaintsIntellectual Property Complaints

MTN TV by Afro Mobile respects the intellectual property rights of others and expects Users to do the same.

Any copyright owner or authorized representative who believes that content available through the Platform infringes their intellectual property rights may submit a written complaint to:

Email: info@afromobile.ug

The complaint should contain:

  1. identification of the protected work;
  2. identification of the allegedly infringing material;
  3. contact information of the complainant;
  4. evidence of ownership or authority to act on behalf of the rights holder;
  5. a statement confirming the accuracy of the complaint.

Afro Mobile may investigate such complaints and take such action as it deems appropriate, including restricting access to, removing or disabling the relevant content.

 

Reservation of RightsReservation of Rights

All rights not expressly granted to Users under these Terms are reserved by MTN TV by Afro Mobile and its licensors.

No licence, ownership right or other interest in any intellectual property is granted except as expressly provided herein.

 

REFUND AND CANCELLATION REFUND AND CANCELLATION

We offer a full refund or payback guarantee for all subscriptions made on the MTN TV by Afro Mobile platform. Should a subscriber deem it necessary to cancel or defer subscription, he or she may cancel, and seek for a refund or defer the subscription. 

 

Eligibility for Cancellation and RefundsEligibility for Cancellation and Refunds

Subject to these Terms and applicable law, a Subscriber may be eligible for a cancellation and refund in the following circumstances:

  1. Where a subscription payment has been made in error and the Subscriber has not accessed, activated, streamed, viewed or otherwise utilized the subscribed Service or Content, provided that a refund request is submitted within forty-eight (48) hours of the transaction.
  2. Where the Subscriber is unable to access the subscribed Service, Content, channel, programme or feature due to a verified technical fault, outage, system failure or service interruption attributable solely to MTN TV by Afro Mobile, and such issue remains unresolved within a reasonable period after notification to Afro Mobile;
  3. where applicable law requires a refund to be provided.

To facilitate investigation and verification, Subscribers may be required to provide transaction details, proof of payment, screenshots, error messages or other supporting information reasonably requested by MTN TV.

Please contact us via email (info@mtntv.co.ug)

 

Non-Refundable TransactionsNon-Refundable Transactions

Unless otherwise required by law, refunds shall not be granted in the following circumstances:

  1. Where the Subscriber has accessed, viewed, streamed, downloaded or otherwise utilized any portion of the subscribed Content or Service.
  2. Where the inability to access the Service arises from the Subscriber’s internet connectivity, device incompatibility, third-party network issues, software configuration, insufficient data bundles or circumstances outside Afro Mobile’s reasonable control.
  3. For Pay-Per-View (PPV), premium content purchases, event-based purchases, special content packages, digital rentals, digital purchases or one-time content transactions after access has been granted.
  4. Where the refund request is submitted outside the prescribed refund period.

 

Refund Request ProcedureRefund Request Procedure
  1. All refund and cancellation requests shall be submitted in writing to MTN TV by Afro Mobile through the designated customer support channels, including email at info@mtntv.co.ug or such other channels as may be communicated by Afro Mobile from time to time.
  2. Each request shall be reviewed on a case-by-case basis and we reserve the right to request additional information necessary to verify the claim.
  3. Approved refunds shall be processed using the original payment method where reasonably practicable.
  4. Processing times may vary depending on the payment provider, financial institution or mobile money operator involved.

 

Subscription CancellationSubscription Cancellation
  1. Subscribers may cancel recurring subscriptions at any time through the Platform or other approved channels.
  2. Cancellation shall prevent future recurring charges but shall not automatically entitle the Subscriber to a refund for any current subscription period already paid for.
  3. Upon cancellation, the Subscriber shall continue to have access to the Service until the expiry of the active subscription period unless otherwise specified.

 

 

Transaction Costs and ChargesTransaction Costs and Charges

Any bank charges, mobile money fees, payment gateway fees, foreign exchange charges or third-party transaction costs incurred in connection with subscription payments or refunds may be deducted from the refund amount where permitted by law.

MTN TV reserves the right to revise applicable transaction charges from time to time upon notice through the Platform or other appropriate communication channels.

 

 

Service Credits and Deferred AccessService Credits and Deferred Access

Where appropriate and at our sole discretion, we may offer account credits, subscription extensions, replacement access periods or other service remedies in lieu of a cash refund.

 

WARRANTIES AND DISCLAIMERSWARRANTIES AND DISCLAIMERS

The Service, Platform and all Content are provided on an “as available” and “as is” basis.

While MTN TV endeavors to provide a reliable and high-quality service, we do not warrant or guarantee that:

  1. The Service will be uninterrupted, error-free, secure or available at all times
  2. Any Content will remain available for any specific period.
  3. The Service will be compatible with all devices, operating systems, browsers or networks;
  4. Any defects or errors will be corrected immediately.

To the fullest extent permitted by applicable law, MTN TV by Afro Mobile disclaims all warranties, representations and conditions, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, availability and non-infringement.

 

Limitation of LiabilityLimitation of Liability

To the maximum extent permitted by applicable law, Afro Mobile Media Limited, MTN Uganda, their affiliates, directors, officers, employees, licensors, partners and agents shall not be liable for any:

  1. Indirect, incidental, special, punitive or consequential damages;
  2. Loss of profits, revenue, goodwill, business opportunity, data, content or anticipated savings
  3. Interruption of business or service
  4. Device failure, software malfunction or loss of data arising from use of the Service
  5. Losses resulting from internet outages, telecommunications failures, third-party service interruptions or events beyond Afro Mobile’s reasonable control.

In any event, MTN TV’s total aggregate liability arising out of or relating to the Service shall not exceed the amount paid by the Subscriber for the relevant subscription or transaction giving rise to the claim during the three (3) months immediately preceding the event giving rise to such claim.

 

User IndemnityUser Indemnity

The Subscriber agrees to indemnify, defend and hold harmless Afro Mobile, MTN Uganda, their affiliates, directors, officers, employees, agents, licensors and partners from and against any claims, demands, actions, proceedings, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or relating to:

  1. The Subscriber’s breach of these Terms;
  2. Unauthorized use of the Service or Content;
  3. Infringement of intellectual property rights or other rights of any third party by the Subscriber
  4. Misuse of the Subscriber’s account;
  5. Violation of any applicable law or regulation.

 

CHANGES TO THESE TERMSCHANGES TO THESE TERMS

MTN TV by Afro Mobile reserves the right to amend, update, modify or replace these Terms and Conditions at any time to reflect changes in its services, legal requirements, business practices or operational needs.

Any amendments shall become effective upon publication on the Platform or upon such later date as may be specified.

Continued access to or use of the Service following publication of updated Terms shall constitute acceptance of such revised Terms. Subscribers who do not agree to the revised Terms must discontinue use of the Service.

 

GOVERNING TERMSGOVERNING TERMS

All users, subscribers and visitors accessing MTN TV by Afro Mobile are subject to these Terms and Conditions, as amended from time to time, and agree to comply with all policies, guidelines and rules published in connection with the Service.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Uganda.

Any dispute, controversy or claim arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall first be resolved amicably through good faith negotiations between the Parties.

Where such dispute is not resolved within fourteen (14) days of notification, the dispute shall be referred to the competent courts of Uganda, which shall have exclusive jurisdiction.

Nothing in this clause shall prevent MTN TV by Afro Mobile from seeking urgent injunctive or equitable relief before any court of competent jurisdiction.

 

TERMINATION RIGHTSTERMINATION RIGHTS

MTN TV by Afro Mobile reserves the right, at its sole discretion and without prior notice, to suspend, restrict or terminate a service.

 

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