1.1. “Customer” or “you” or “your” will refer to the person to whom the Mobile Money account belongs to and includes all his personal or legal representatives and assigns

1.2. “Due Date” means the date communicated by the Bank by which the loan repayment falls due;

1.3. “Interest” means the price of loan calculated periodically, starting from the moment of loan disbursement, and charged to the customer at the moment of the loan repayment;

1.4. “Loan amount” means the volume of the cash that is lent to the Customer and disbursed to his account;

1.5 Loan Schedule means the notice with the details of your loan such as the amount and repayment terms, service and other permitted fees and charges and will be provided to you if you are elected to receive a loan and contains.

1.6. “Mobile Money Account” means MTN Mobile Money Wallet or Account;

1.7. “Mobile Money Account Usage Data” means the transactional data as produced from the Customer’s interaction with the MTN Mobile Money Wallet or Account;

1.8. “MTN” means the Network Operator named MTN ;

1.9. “Network” means the mobile network operated by MTN

1.10 “Overdue interest” means the amount charged to the Customer in case of failing to meet the Due date of repayment

1.11. “Personal Data” shall have the meaning of the definition as per data protection laws in …
1.12 “Privacy Policy” shall mean the Bank’s privacy policy which is available at [link to be inserted or Annexure]
1.13. “Repayment Period” means time within which Customer agrees to repay loan;
1.14. “Service(s) or XtraCash” means the provision of Micro Credit Loan services to Customers via a platform owned and managed by the Service Provider;
1.15. “Service Provider” means the partner working with MTN to deliver a lending solution through its proprietary analytics and delivery platform to which enable the provision of the Services.
1.16. “The Bank” or “us”, “we” or “our” are references [FSP], the holder of the license and the primary lender on record, which may change from time to time;

2.1. These Terms and Conditions may change from time to time.
2.2 By using this Service, you confirm that you have read and understood these Terms and Conditions, the Loan Schedule and the Privacy Policy, as they apply from time to time, and that these Terms and Conditions and Privacy policy are binding on you.
2.3 We enter into loan agreements online, i.e., through electronic channels. (MTN APP, USSD and SMS).
2.4 Subject to our internal credit policies, we may decide to grant you credit or not within our discretion.
2.5 This Agreement may not be assigned by you to any other person.
2.6 If you want to lodge any complaint regarding the Service, you may contact us by telephone, app or email, as follows:
• MyMTN App: customers contact MTN help desk by selecting help on the menu.
• WhatsApp: 0772123100
• Email: customerservice1.UG@mtn.com
• Social Media: Customers can reach MTN through Twitter/Facebook/Instagram. Handles are @mtnug on all channels.
• Call: 100 is the helpline number.

Should you apply for a loan using the Service that we then elect to grant to you, you will be required to electronically accept a Loan Agreement. The Loan amount will be paid to your Mobile Money Account via the MTN Application.

4.1 You must pay the total amount due in terms of the loan agreement, which includes the principal debt, all fees, interest and applicable taxes, using your Mobile Money Account.
4.2 At application, you agreed to pay principal, interest, fees, any other amounts and applicable taxes that may be due to us. If your loan agreement is in arrears, we reserve the right to auto-debit your mobile money wallet on any day to recover the arrears amount from any available balance in your Mobile Money Wallet.
4.3 Any payments received from you will be allocated in the following order the payment of:
• Principal Debt
• Interest
• Fees and other charges
4.4 You may choose to pay the Loan amount (principal debt, interest, other fees) on or before the Due date by using the “Repay loan” option within the “Loans” menu

In the event that the Loan is not repaid in full within the repayment period during the application process and upon loan approval, interest and service fee will be applied as communicated during the application process. Applicable fees and interests shall be communicated to the Customer additionally via SMS.

In case the loan is not fully repaid after ninety (90) calendar days from the due date:
6.1 you will be notified by SMS that the loan is in a state of default.
6.2 you will be reported as a defaulter to the national credit bureaus as required by law;

7.1 For all intents and purposes, by subscribing to the Service and in the course of each transaction carried out under the Service, Customer unequivocally gives consent to the Bank, MTN and the Service Provider to collect, process (including profiling), share with third parties for regulatory reasons and with each other his/her personal data at any time for the purpose of providing, improving or upgrading the Service or the platform upon which the Service is hosted on the one hand and/or analyzing or assessing the credit viability or otherwise of his/her subscription. We undertake to make use of your personal information and data received from MTN for the purposes of, and in accordance with, the consent you have provided to MTN in accordance with these Terms and Conditions and with our Privacy Policy, which, for the avoidance of doubt, forms part of these Terms and Conditions.
7.2 Once you have taken out a loan and are our customer, we or MTN may use your contact details for direct marketing purposes, subject to your right to opt out;

8.1 We may receive and/ or share your personal information with relevant third parties in appropriate circumstances to deliver the Service. The personal information that we may receive and/ or share includes but shall not be limited to your KYC (‘Know Your Customer”) information, airtime usage, Mobile Money Account Usage data and your credit score.
8.2 You further consent to have your credit information shared with one or more credit bureaus in the event of an an unpaid loan.

Where we choose to suspend or discontinue the Service, or to change the functionality of or services offered on the Service, whether temporarily or permanently, we will try our best, wherever possible, to provide you with some notice before we do so. Notwithstanding this undertaking, you acknowledge and accept that we are entitled to modify, suspend or discontinue the Service at any time and that we will not be responsible for any damage or loss that you may suffer if we choose to do so. We may also choose to restrict access to certain or all of the functionality or services offered by us.

To the fullest extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. We do not warrant or represent that the Service will be error-free, or that the content provided on or via the Service is or will be accurate, suitable, complete or fit for or compatible with any particular purpose.

11.1 Except for any statutory liability that we may have towards you and which cannot be disclaimed or altered by agreement between you and us, neither we, nor our affiliates, employees, officers, providers or agents will be responsible or liable in any way for any damage or loss of whatsoever nature arising from the Service, your use of or reliance on the Service, or on any information provided on or via the Service. You acknowledge and understand that use of this Service is entirely at your own risk.
11.2 In the event of damage to, loss, or theft of the SIM, you are obliged to inform us immediately of such damage, loss, or theft. We will then disable such damaged, lost or stolen SIM Card so as to prevent further use of the Service until the same has been replaced. You will be responsible for all charges and transactions effected up to the time of receipt by us of your notification of the damage, loss, or theft. Notification of any such damage, loss, or theft may be given by telephoning the MTN Customer Care Centre. You will be required to indemnify us against any claims made in respect of any transactions affected with your Mobile Phone prior to such notification being received.
11.3 We are not responsible for any loss arising from any failure, malfunction, or delay in any mobile phone Networks, mobile phones, the Internet or terminals, or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.

12.1 By using the Service, you warrant to us (promise in a way that you can be held legally bound by that promise) that you have the required legal and contractual capacity to enter into and be bound by contractual terms.
12.2 In particular, you must be at least 18 years old in order to make use of the Service.
12.3 If you are unsure whether you have the legal capacity to enter into contracts, you must contact us, and we shall be able to provide you with this information before you continue using the Service.

3.1 If you breach these Terms and Conditions, or if you use the Service in an unauthorised manner or interact with the Service in any unlawful or unauthorised manner, we will be entitled to terminate your access to the Service immediately without prior notice to you, and without prejudice to any other rights we may have in terms of these Terms and Conditions or at law.
13.2 Should your access to the Service be terminated as described above, you expressly acknowledge that any loan obligations that exist between you and us at the time of such termination, as set out in a loan agreement, will continue to remain in place until such loan obligations have been met.

14.1 These Terms and Conditions are governed by and will be interpreted in accordance with the laws of the Republic of Uganda without reference to any conflict of law provisions. All interactions and transactions made or conducted on this Service (including on or in relation to any loan provided) will be subject to the laws of the Republic of Uganda .
14.2 Nothing will prevent or prohibit either us or you from applying to an appropriate court for urgent relief. In addition, you acknowledge and understand that these provisions do not restrict, nor do they attempt to restrict, any right that you may have to submit a complaint to any other body in terms of applicable law, which cannot be altered by agreement between you and us.
14.3 Any arbitration held with regard to these Terms and Conditions will be conducted behind closed doors and we and you will be required to treat all details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration as confidential.

1.MTN is responsible for selecting the eligible base for this offer
2.Only customer who have generated revenue in the last 90 (ninety) days are eligible for this offer
3.Each eligible customer will get Free 24 On-net (MTN-MTN) minutes valid for 24 hours form the time of receipt
4.Customers will be notified by SMS that they have received their gift.
5.We shall also play a pre call notification for all customers within their 1st voice call on Sunday 6th November 2022.
6.The prize must be taken “as offered” and cannot be varied, extended, transferred or exchanged.
7.MTN shall bear no responsibility for any harm and/or losses occasioned to the winners from the use of the claimed free minutes
8.Information regarding the campaign that is published on authorized advertising material will also form part of the terms and conditions of the campaign.
9.MTN may in their sole discretion amend these terms and conditions including the duration at any time without notice.
10.If for any reason any aspect of this offer is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of Synergy which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, MTN in its sole discretion may cancel, terminate, modify or suspend the competition, or invalidate any affected entries,

The promotion will run for a period of six (6) months from 1/09/2022 to 28/02/2023.

2.1. Only MTN customers who are registered on the MTN GOGAMES PORTAL and
MTN MOBILE MONEY are eligible to participate in the promotion.
2.2. MTN Staff members are NOT eligible to participate.
2.3. All Participants with criminal records shall be automatically disqualified.

3.1. A participant will access the MTN go games url https://mtn.gogames.run/landing via any MTN Microapps, MTN website or a search engine.
3.2. Participants will sign in or register with an active MTN MSISDN on the gaming portal to play a premium game of their preference.
3.3. A Participant will purchase a daily, weekly or monthly premium subscription package by following the prompts within the MTNGoGames Portal.
3.4. MTN will automatically enter all eligible and qualifying participants into the draw.
3.5. MTN will award Participants who qualify at different stages with Go Coins (gaming virtual currency).

4.1. Participants who have accumulated a minimum of 100 GO coins will access the “spin the wheel” functionality to win one of the promotional prizes.
4.2. Each Participant stands a chance to win any of the following prizes indicated on different segments of the wheel;
4.2.1. MTN Mobile Money ranging from Ush. 20,000 to Ush. 100,000.
4.2.2. Go coins ranging from 5 to 20 coins.
4.2.3. MTN Mobile Data ranging from 2 GB to 5 GB.
4.2.4. MTN Airtime ranging from Ush. 2,000 to Ush. 5,000.
4.2.5. KFC Bucket Meal worth Ush. 75,000.
4.2.6. Lenovo AirPods.

4.3. MTN shall deduct 100 GO coins from a Participants’ Go Coins wallet For every spin even if there is no winning recorded.
4.4. Every participant can only win once a month during the promotion period.
4.5. All Winners winners will be notified via Short Message Service (SMS) and their names will be posted on MTN’s official social media platforms.

4.6. All prizes are not transferrable or exchangeable for cash and Winners shall receive their prizes within 14 days from the winning date.

5.1. Mobile Money
5.1.1. A Participant who wins MTN Mobile Money will be rewarded with a non­ transferable, non-refundable cash reward ranging from Ush. 20,000 to Ush. 100,000 via Mobile Money from MSISDN 256771437482.

5.2. GO Coins (Gaming Virtual Currency)
5.2.1. A Participant who wins GO Coins will be rewarded with non­ transferable coins ranging from 5 to 20 coins.
5.2.2. The Winner will receive the coins on his/her MTNgo games account.

5.3. Mobile Data
5.3.1. A Participant who wins Mobile Data will be rewarded with non­ transferable, non-refundable MTN Mobile Data ranging from 2GB to 5GB.
5.3.2. MTN will send the Mobile data to the Winners’ MSISDN registered on the MTNgo games portal.

5.4. Airtime
5.4.1. A Participant who wins Airtime will be rewarded with non-transferable, non-refundable MTNAirtime ranging from Ush. 2,000 to Ush. 5,000.
5.4.2. MTN will send the airtime to the Winners’ MSISDN registered on the MTNgo games portal.

5.5. KFC Meal
5.5.1. A Participant who wins a KFC Meal will receive a bucket of fried chicken from KFC worth Ush. 75,000 at the MTN Head Offices, Plot 69-71, Jinja Road.
5.5.2. MTN will contact the Winners on MIS/SDN: 256772123135.
5.5.3. If a Participant is unable to receive the KFC Meal from MTN Head Offices, he/she can nominate a representative by contacting MTN on MIS/SDN: 256772123135.
5.5.4. MTN will not cover the travel costs of the Participants (or their representatives) to and from its offices.

5.6. AirPods
5.6.1. A Participant who wins AirPods will receive Lenovo AirPods at the MTN Head Offices, Plot 69-71, Jinja Road.
5.6.2. MTN will contact the Winners on MIS/SDN: 256772123135.
5.6.3. If a Participant is unable to receive the AirPods from MTNHead Offices, he/she can nominate a representative by contacting MTNon MIS/SDN: 256772123135.
5.6.4. MTN will not cover the travel costs of the Participants (or their representatives) to and from its offices.

6.1. The MTN Representative will seek consent from the Winners (or their representatives) who receive rewards from its offices, to take their photographic images while receiving their KFC Meals and AirPods.
6.2. By furnishing consent,

i) MTN U£anda Limited can freely use your photowaphic ima£es without any personal compensation or remuneration to the Winners (or their representatives).
ii) The Winners (or their representatives) relinquish and waive any current or future ri[Zhts in connection with the photos, includin[Z any intellectual property ri[Zhts.
iii) Your consent is, however, subject to MTN U£anda Limited not usin[Z your ima[Ze in a ne[Zative, unethical, or defamatory manner, or for commercial [Zain or political purposes.
iv) The photos remain the property of MTN U£anda Limited (and/or its a£ents) and any personal details linked to the photos must be kept confidential and not used for any other purpose.
v) MTN U£anda Limited (and/or its a[Zents have the ri[Zht to use the photos in any manner and media, includin[Z without limitation, the ri[Zht to publish, adapt, distribute, copy, display or translate in printed or electronic media.,
vi) The Winners (or their representatives) £rant MTN the ri[Zht to use their photo[Zraphs for purposes of this promotion only in all forms and media and waive the ri[Zht to inspect or approve versions of the photo[Zraphs published by MTN or the written copy that may be used in connection with the photo[Zraphs. MTN will, however, seek the Winners’ (or their representatives’) express permission and consent to use their photo[Zraphic ima£es for other promotions.
vii) The Winners and/or their representatives a[Zree that MTN is not responsible for unauthorized use of the photo[Zraphs by third parties, and further a£ree that they are not entitled to any compensation or attribution for the ima£es.
viii) The Winners and/or their representatives may, however, without limitation

• Inquire on how their photo[Zraphs are processed by MTN, and to
access or request copies of such photo[Zraphs.
• Request MTN to restrict the processin£ of the Winner’s and/or their representatives’ photo[Zraphs in situations where the Winner or their representative feels that the processin[Z is inappropriate.
• Obtain the erasure of his or her photo[Zraphs where it is no lon£er necessary for purposes under/yin£ the promotion.

7. NEGATION OF PARTNERSHIPS
Nothing contained in these terms and conditions is intended to create any partnership between MTN and KFC and/or MTN and Lenovo, and any inferences to the contrary are hereby expressly negated.

8.1. A Participant hereby indemnifies and holds harmless MTN, its officials, agents, volunteers, and employees against and liability, injury or death sustained because of participating in all activities connected with or associated with the promotion.
8.2. A Participant agrees to indemnify and hold MTN, its affiliated entities, and their respective employees, officers, agents, licensees, and assigns, harmless from any claim and/or liability arising from failure to adhere to these terms and conditions including all claims for infringement of copyright or any form of intellectual property.
8.3. A Participant further agrees to indemnify MTN, its affiliated entities, and their respective employees, officers, directors, agents, licensees, and assigns, harmless from all liability howsoever arising including oversight, negligence, or willful misconduct.

9.1. All Participants must not (or attempt to), and encourage or help anyone else to, do any of the following:

9.1.1. copy or reproduce any part of the MTN GoGames Portal;
9.1.2. remove or tamper with any copyri£Zht notice attached or contained within the MTN GoGames Portal;
9.1.3. copy or reproduce any trademarks, service marks, lof!OS or brandinf! published or displayed in the MTN GoGames Portal; and
9.1.4. reverse enf!ineer, decompile, disassemble, or decipher the MTN GoGames Portal or otherwise try to f!et the source code for (or any part of) the MTN GoGames Portal.
9.2. MTN grants the Participant a limited, non-exclusive, non-transferable, non­ sublicensable, revocable (if you delete your MTN GoGames account or if we terminate your ri£Zht to use the MTN GoGames Portal) license for the limited purpose of using the MTN GoGames Portal on your mobile device, always subject to the Terms and Conditions on the Portal.
9.3. A Participant grants MTN a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable, and unrestricted license to use, distribute, reproduce, display, store and copy any information (including any Content) that the Participant creates, uploads, sends, submits, stores on or via the MTNGoGames Portal for the following purposes:

9.3.1. to provide and operate the MTN GoGames Portal;

9.3.2. to comply with any law, rule, order or ref!ulation or the order of any court, enforcement af!ency or any other authority of competent jurisdiction; and
9.3.3. to perform our obli[!ations and exercise our ri[!hts under the Terms
and Conditions of usinf! the MTN GoGames Portal.
9.4. A Participant must promptly inform MTN if he/she becomes aware that any Content does or may infringe the rights (including intellectual property rights) of others.
9.5. A Participant grants full authority, copyright and other proprietary rights of all
information availed under this promotion to be used by MTN UGANDA LIMITED.
9.6. A Participant must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained using the MTNGoGames Portal, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the MTN GoGames Portal.
9.7. A Participant must not reproduce, sell, or exploit For any commercial purposes
any part of the MTNServices, access to the Services or use of the Services or any Services or materials available through the MTNServices.
9.8. For clarity, the Foregoing permissions are limited to the Services, and no rights
are granted with respect to any servers, computers, or databases associated with the services.

10.1. MTN deserves a right to cancel or terminate the promotion at any time without prior notice and without the need to indicate the grounds.
10.2. MTN may demand that a Participant pay compensation For any damages incurred if any such termination is caused by their conduct.

MTN shall be released from all obligations upon distribution of the prizes.

12.1. By participating in the Promotion, you agree that any personal information provided by you for the Promotion entry and subsequently For the purpose of claiming a promotional prize (if applicable) may be held, used, and retained by MTN to administer the Promotion.
12.2. A Participant hereby explicitly and unambiguously consents to the collection, use and transfer, in electronic or other Form of personal data as described in the terms and conditions For the exclusive purpose of implementing, administering, and managing the participation in the promotion.
12.3. A Participant understands and acknowledges that MTN may hold certain personal information about the Participant including but not limited to the Participant’s name, address and telephone number, date of birth, identification number and nationality (“Personal Data”) for the purpose of implementing,

administering, and managing the promotion. The data will be collected and retained for the duration period only.
12.4. A Participant authorizes MTN to receive, possess, use, retain and transfer the Personal Data, in electronic or other form, for the purposes of implementing, administering, and managing the participation in the Promotion.
12.5. A Participant understands that personal data will be held only if necessary or appropriate to implement, administer and manage the participation in the Promotion. Further, a Participant understands that he/she is providing the consents herein on a purely voluntary basis.
12.6. A Participant’s personal data may be passed on to third-party fulfillment service providers/contractors for the purposes of administering and arranging a promotional prize including Know Your Customer and anti-money laundering checks with third-party providers and/or for any other legal and/or regulatory reasons.
12.7. A Participant has the right to report to the Regulator any incidental or deliberate breaches leading to the destruction, loss, alteration, unauthorized disclosure of, or access to, personal data.
12.8. MTN may in their sole discretion amend these terms and conditions at any time, without notice.
12.9. MTN’s decision is final, and no correspondence will be entered whatsoever.
12.10. If for any reason any aspect of this Promotion is not capable of running as planned because of depletion of planned budgeted amount, infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of MTN which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this promotion, MTN in its sole discretion may cancel, terminate, modify, or suspend the Promotion.
12.11. MTN will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury, or death which is suffered or sustained (whether arising from any person’s negligence) in connection with this promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
12.12. These terms and conditions represent the entire agreement between you and us in relation to the Promotion and promotional prizes. The invalidity, illegality, or unenforceability of the whole or any part of the terms and conditions does not affect the remainder of these terms and conditions, which will remain in full force and effect. These terms and conditions do not create any right or benefit enforceable by any third party.
12.13. For all inquiries relating to this promotion or these terms and conditions, please contact us on +256312 120 333 or WhatsApp +256 772 123 100.
12.14. This promotion shall be governed by Ugandan laws and any litigation of a dispute arising out of, or in connection with the promotion shall be subject to the sole and exclusive jurisdiction of Ugandan courts.
12.15. This Promotion will run in conjunction with any other promotions.

12.16. Information regarding the promotion that is published on authorized advertising material will also form part of the terms and conditions of the promotion.
12.17. Any additional products or services not included in the promotional prizes but required by the Winner will need to be arranged and paid for by the Winner.

These Terms and Conditions relate to the promotional rates for the Supu Voice Bundles launched on 27^th Sept-22. The promotional rates will remain in effect up till 31^st Dec-22.

Customers who use these Supu Bundles will be deemed to have read, understood, and consented to these terms and conditions before claiming any such benefit. All users agree to be bound by the following terms and conditions:

• The aforementioned value proposition is as detailed below:

• These are promotional rates, effective 27^th Sept-22 to 31^st Dec-22.
• On-net means MTN to MTN voice calls.
• Off-net means MTN to Other Networks voice calls.
• All-net means voice calls to all local networks including MTN.
• The all-net minutes can be used for voice calls to all local networks.
• To benefit from these value propositions, users are required to possess an MTN SIM card.
• Customers are free to buy the resources as many times as they please.
• In order to buy any of these value propositions, customers are required to dial *160*21# to access the menu. Alternatively, the menu can be accessed through the MyMTN and MoMo Apps.
• Payment for any of the aforementioned Supu Bundles can be done using MTN Airtime or MTN Mobile Money.
• To check the total data balance, customers will dial *131*4#.
• MTN will support this offer with marketing support at the points of sale with merchandise and point of sale communication.
• This offer is restricted to the prepaid customers.
• In case of support, customers will call the general helpline (100) for all product related inquiries for the Supu Voice Bundles.
• By benefitting from this offer, customers permit MTN to use their voices, pictures and life stories to be used in MTN’s marketing communication for the period of 12 months from the time the service was activated for them.
• MTN shall bear no responsibility for any harm and/or losses occasioned them from the use of the purchased resources.
• Information regarding the campaign that is published on authorized advertising material will also form part of the terms and conditions of the campaign.
• MTN may in their sole discretion amend these terms and conditions at any time, or terminate the promotion altogether, without notice.
• MTN’s decision is final and no correspondence will be entered into.
• Benefitting customers will receive SMS and/or telephone notifications from time to time from MTN Uganda.
• Any additional products or services not included in the offered value proposition but required by the customer for a fulfilling a desired user experience, will need to be arranged and paid for separately.
• If for any reason any aspect of this campaign is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of Synergy which corrupts or affects the administration, security, fairness, integrity or proper conduct of this bundled offer, MTN in its sole discretion may cancel, terminate, modify or suspend the offer, or invalidate any affected entries, subject to the approval of the local regulator.
• MTN will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this offer, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
• MTN reserves the right to change the duration of the campaign at any time.
• Subject to confirmation, this offer cannot necessarily be used in conjunction with any other existing promotions.

The promotion will run for a period of 1 month from 01/07/2022 to 31/07/2022.

2.1. All participants must 18 years and above.
2.2. Only MTN customers who are registered on the Ayoba App are eligible to participate in the promotion.
2.3. MTN Staff members are NOT eligible to participate.
2.4. All participants with criminal records shall be automatically disqualified.

3.1. On a specific day of the week, MTN will post a question on its designated social media platforms or via Short Message Service (SMS) channel.
3.2. The Participant is required to answer the question using ONLY the Ayoba Chat Option.
3.3. All responses must be messaged to MSISDN 256771437482.

4.1. MTN will select the first 20 participants who answer the question correctly.
4.2. Each winner shall be rewarded with a sum of Ush 20,000.
4.3. Every Participant can only win once during this promotion period.
4.4. The Winners will be posted on MTN’s social media platforms or notified via Short Message Service (SMS).

5.1. The Participant hereby indemnifies and holds harmless MTN, its officials, agents, volunteers, and employees against and liability, injury or death sustained because of participating in any and all activities connected with or associated with the promotion.
5.2. The Participant agrees to indemnify and hold MTN, its affiliated entities, and their respective employees, officers, agents, licensees, and assigns, harmless from any claim and/or liability arising from failure to obtain the permissions and grants of authority described in these terms and conditions including all claims for infringement of copyright or any form of intellectual property.
5.3. The Participant further agrees to indemnify MTN, its affiliated entities, and their respective employees, officers, directors, agents, licensees, and assigns, harmless from all liability howsoever arising including oversight, negligence, or willful misconduct.

6.1. All Participants must not (or try to), and encourage or help anyone else to, do any of the following:
6.1.1. copy or reproduce any part of the Ayoba App;
6.1.2. remove or tamper with any copyright notice attached or contained within the Ayoba App;
6.1.3. copy or reproduce any trademarks, service marks, /of!OS or brandinf! published or displayed in the Ayoba App; and

6.1.4. reverse engineer, decompile, disassemble, or decipher the Ayoba App or otherwise try to £et the source code for (or any part of) the Ayoba App.
6.2. MTN grants the Participant a limited, non-exclusive, non-transferable, non­ sublicensable, revocable (if you delete your Ayoba App account or if we terminate your right to use the Ayoba App) license For the limited purpose of using the Ayoba App on your mobile device, always subject to these App Terms and Conditions.
6.3. The Participant grants MTN a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable, and unrestricted license to use, distribute, reproduce, display, store and copy any information (including any Content) that the Participant creates, uploads, sends, submits, stores on or via the Ayoba App For the following purposes:
6.3.1. to provide and operate the Ayoba App;
6.3.2. to comply with any law, rule, order or regulation or the order of any court, enforcement agency or any other authority of competent jurisdiction; and
6.3.3. to perform our obligations and exercise our rights under these App Terms and Conditions.
6.4. The Participant must promptly inform MTN if he/she becomes aware that the Content does or may infringe the rights (including intellectual property rights) of others.
6.5. The Participant grants full authority, copy right and other proprietary rights of all my information under this promotion to be used by MTN UGANDA LIMITED.

7.1. By participating in the Promotion, you agree that any personal information provided by you for the Promotion entry and subsequently For the purpose of claiming the prize (if applicable) may be held, used, and retained by MTN to administer the Promotion.
7.2. A Participant hereby explicitly and unambiguously consents to the collection, use and transfer, in electronic or other Form of personal data as described in the terms and conditions For the exclusive purpose of implementing, administering, and managing the participation in the promotion.
7.3. A Participant understands and acknowledges that the Company may hold certain personal information about the Participant including but not limited to the Participant’s name, address and telephone number, date of birth, identification number, nationality (“Personal Data”) For the purpose of implementing, administering, and managing the promotion. The data will be collected and retained For the duration period only.
7.4. A Participant authorizes MTN to receive, possess, use, retain and transfer the Personal Data, in electronic or other form, for the purposes of implementing, administering, and managing the participation in the promotion.
7.5. A Participant understands that Personal Data will be held only if necessary or appropriate to implement, administer and manage the participation in the Promotion. Further, a Participant understands that he/ she is providing the consents herein on a purely voluntary basis.
7.6. A Participant’s personal data may be passed on to third-party fulfilment service providers/contractors for the purposes of administering and arranging the prize including Know Your Customer and anti-money laundering checks with third-party providers and/or For any other legal and/or regulatory reasons.

7.7. A Participant has the right to report to the Regulator any accidental or deliberate breaches leading to destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.
7.8. MTN may in their sole discretion amend these terms and conditions at any time, without notice.
7.9. MTN’s decision is final, and no correspondence will be entered whatsoever.
7.10. If for any reason any aspect of this Promotion is not capable of running as planned because of depletion of planned budgeted amount, infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of MTN which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this competition, MTN in its sole discretion may cancel, terminate, modify, or suspend the Promotion.
7.11. MTN will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury, or death which is suffered or sustained (whether arising from any person’s negligence) in connection with this promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
7.12. Ugandan Law shall govern this competition and any litigation of a dispute arising out of, or in connection with the competition shall be subject to the sole and exclusive jurisdiction of Ugandan courts.
7.13. This Promotion will run in conjunction with any other promotions.

These Terms and Conditions together with the application form and the operational guidelines (together “the Agreement”) contain the complete terms and conditions that apply to Merchant’s participation in MTN’s mobile payment system (hereinafter Mobile Money Merchant Payments Services or MoMoPay) and supersedes all other agreements entered into between the Merchant and MTN in relation to the provision of Mobile Money Merchant Payments Services. By executing this document You (also referred to as the Merchant) agree that You have carefully read and understood the terms and conditions set forth herein and agree to be bound by the said terms and conditions.

1.1 In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:-
“Business Day” means any day of the week not being a weekend, gazetted public holiday or designated bank holiday within the Republic of Uganda;
“Cash” means the money denominated in Uganda Shillings which, as the context requires, may be offered by a Customer through the Customer’s Mobile Money Account as a Payment through the Mobile Money system and subsequently credited to the Merchant’s Mobile Money Account; and may be paid to the Merchant pursuant to a Withdrawal Request Instruction given by the Merchant to MTN;
“Merchant’s Mobile Money Account” or “Mobile Money Account” means the MTN Mobile Money account operated by the Merchant and through which the Merchant receives Payments from Customers;
“Confidential Information” means, without limitation, all information, software, data, manuals, concepts relating to marketing methods, products, developments, business and financial affairs and trade secrets, and other information of value to a party and not generally known, (whether or not designated as “confidential information” by any Party and whether written, oral or in electronic form) and any other information clearly designated by a Party as “confidential information” or that is evidently confidential by its nature or the nature of its disclosure, and includes the terms of this Agreement;
“Customer” means a Mobile Money user who uses the MTN Mobile Money System to make Payments or perform Payments to the Merchant and “Customers” shall be construed accordingly;
“Customer Mobile Money Account” means the Mobile Money account operated by the Customer whose access is through the Mobile Money menu on the Customer’s mobile phone and through which the Customer may effect Payment instructions to the Merchant;
“EFT” means any electronic means of funds held in trust for the Merchant from the Trust Account to the Merchant’s designated bank account including without limitation, Electronic Funds Transfer and Real Time Gross Settlement;
“Effective Date” means the date first appearing on this Agreement;
“E-Money” means the electronic value issued by MTN and representing an entitlement to an equivalent amount of the Cash held by the Custodial Trustee in respect of the acquisition of such electronic value;
“Escrow Account” Means the trust account held by MTN in a licensed financial institution used to facilitate the Mobile Money transactions.
“Intellectual Property Rights” means, in respect of each Party, such Party’s proprietary rights, title and interest in and to any and all names, logos, trademarks, copyrights, patents and all other intellectual property of whatever nature, description or form, vesting in that Party as at the Effective Date or acquired by such Party at any time after the Effective Date;
“KYC Test” means the Know Your Customer due diligence performed by the Merchant to ascertain the identity of Customers at the point of sale requiring the viewing and matching of ID information with the Mobile Money account from which a Payment originates;
“Merchant Number” means a destination code or numbering plan created by MTN for the identification of Mobile Money Merchant Accounts;
“Mobile Money Merchant Service” or “Service” means the Payment services provided by MTN which the Merchant will use in order to receive Payments from Customers and may be used for other transactions as necessary;
“Operational Documents” means the application form, and the Terms and conditions to be completed by the Principal / Merchant and/or Participants;
“Payment” means the transfer of money from a Customer to the Merchant for the payment of goods, services and merchandise by following prompts on the Merchant Payments section of the Customer’s Mobile Money menu;
“Mobile Money System” or “Mobile Money” means the system operated by MTN to facilitate electronic commerce including providing the Mobile Money Merchant Services;
“Mobile Money User” or “User” or “Mobile Money System Participant” means either of the Merchant or the Customer or any other person including MTN participating in the Mobile Money System;
“Mobile Money Website” means the site located at https://www.mtn.co.ug/Mobile%20Money/Pages/default.aspx;
“MSISDN” means the Mobile Subscriber Integrated Services Digital Network number issued to the Mobile Money User which uniquely identifies the Mobile Money User on the MTN Network and is used to connect the Customer with other subscribers;
“MTN Equipment” means any component, or any equipment used, or owned by MTN pursuant to this Agreement.
“Network” means the Global System for Mobile telecommunication (“GSM”) system operated by MTN and covering those areas within the Republic of Uganda as stipulated from time to time by MTN;
“Transaction” means (as the context requires) Payments made by Customers to the Merchant; and funds transfers from the merchant to other.
“Trust Account(s)” means the custodial account or accounts maintained in a commercial bank or banks into which Cash sums represented in the Mobile Money System are held in by the Custodial Trustee for and on behalf of all Mobile Money System Participants;
“Web Interface” means the Mobile Money website through which the Merchant’s Mobile Money Account details including Transactions and account balances can be viewed and through which certain Transactions can be completed;
“Withdrawal Request Instruction” means an instruction given to MTN by the Merchant requesting MTN to facilitate the redemption of the Merchant’s funds held in the Trust Account.

1.2 In this Agreement (including the recitals), unless the context otherwise requires:
1.2.1 Words denoting the singular shall include the plural and vice versa and reference to the masculine gender shall include a reference to the feminine gender and neuter and vice versa;
1.2.2 References to clauses are references to the clauses of this Agreement;
1.2.3 References to “Parties” shall mean the parties to this Agreement being MTN and the Merchant and to “Party” shall mean either of them as the context may indicate;
1.2.4 The expression “person” includes a natural person, body corporate, unincorporated venture, trust, joint venture, association, statutory corporation, state, state agency, governmental authority or firm; and
1.2.5 Headings to clauses are used for convenience only and shall not affect the construction and

2.1 Subject to the provisions for earlier termination as provided in this Agreement, this Agreement shall be for an initial period of twelve (12) months (the “Initial Term”) from the Effective Date.
2.2 Upon expiry of the Initial Term, this Agreement shall automatically be renewed by the parties for further renewal periods of twelve (12) months each (each period being a “Renewal Term”) on the terms and conditions appearing herein or as may be amended in writing unless terminated in accordance with the terms of this Agreement.

3.1 The Merchant hereby agrees to abide by the Mobile Money operational procedures as may be prescribed by MTN from time to time.
3.2 Use of the Mobile Money Service by the Merchant shall be subject to the terms of this Agreement, the Mobile Money Website Access Terms and Conditions as may be notified to the Merchant, the Customer Terms and Conditions and any guidelines or bulletins as may be published by MTN from time to time.
3.3 In the event of any conflict and/or inconsistencies between this Agreement and the Operational documents and Regulations, the terms of this document shall prevail.
3.4 MTN may suspend, improve, change, replace, withdraw and include as part of the Mobile Money Merchant Service any module from time to time, on reasonable notice to the Principal/Merchant and Participants
3.5 With effect from the Effective Date and for the duration of the Agreement, MTN shall:
3.5.1 Make available to Customers and the Merchant the Mobile Money Merchant Service by allocating a Merchant Number or Numbers through which Customers may make payments to the Merchant’s Mobile Money Account through the Mobile Money Merchant Payments Service functionality. For the avoidance of doubt the Merchant Number or Numbers remain the property of MTN at all times and MTN may, with reasonable prior notice to the Merchant, re-number, re-assign, re-allocate or withdraw a Merchant Number or Numbers PROVIDED that MTN shall not tamper with the balances held in the Merchant’s Mobile Money account (subject to clause 3.2.5);
3.5.2 Grant secure access rights to the Mobile Money Website through which the Merchant may manage its Mobile Money Account. For the avoidance of doubt the Mobile Money Website is proprietary and any material downloaded from it (including without limitation, statements, screen shots, etc.) shall be Confidential Information.
3.5.3 Provide support services to the Merchant and address any issues escalated by the Merchant in relation to Payments.
3.5.4 Credit the Merchant’s Mobile Money Account with Payments received from Customers through the Mobile Money System;
3.5.5 Reserve the right, if required by law, to hold funds beyond the normal distribution period for Transactions that it reasonably deems suspicious in regards to money laundering, fraud and other criminal activities;
3.5.6 Provide Merchant service support to the Merchant for the resolution of Merchant issues including any escalated customer issues through the channels indicated on the Mobile Money website.
3.6 With effect from the Effective Date and for the duration of the Agreement, the Merchant shall:-
3.6.1 Reconcile payments received on the Mobile Money System through the Web Interface and MTN application upon Payment being made and in any event not later than twenty four (24) hours after Payment;
3.6.2 Publish the prevailing charge applicable for Payments (if the Customer is responsible for bearing the Transaction Charges or a portion thereof);
3.6.3 Decline any Payment failing the KYC Test;
3.6.4 Initiate Withdrawal Request instructions to MTN for redemption of accumulated funds in the Merchant Mobile Money Account;
3.6.5 Authorize MTN to debit charges and commissions to the Merchant Mobile Money account for providing the Mobile Money Merchant Service;
3.6.6 Provide first line customer service support to Customers making Payment including, without limitation, provide customers a help line through which Customers may escalate matters relating to payments made to the Merchant through the Mobile Money System.
3.7 The Merchant undertakes that it shall at all times comply with the Website Access Terms and Conditions and such other reasonable guidelines as may be communicated to the Merchant by MTN in writing or published on the MTN website from time to time.

4.1 This agreement comes into effect upon activation of the MoMoPay Account by MTN following the passing of all KYC vetting procedures conducted on the Merchant by MTN.
4.2 Prior to activation of the MoMoPay Account, the Merchant shall ensure it has provided MTN with the necessary Know Your Customer (KYC) documents as may be prescribed by MTN.
4.3 MTN shall carry out the necessary due diligence following which, if satisfied as to the sufficiency of the KYC documents provided by the Merchant, shall activate the Merchant’s Merchant Payments Account.
If the Merchant fails to produce the necessary KYC documents as set out in 4.2 above, or fails to satisfy the minimum KYC requirements, MTN will refuse to activate the Mobile Money Merchant Payments account and accordingly advise the Merchant as such (in which case this Agreement shall be null and void). For the avoidance of doubt, MTN’s refusal to activate the Mobile Money Merchant Payments account shall neither confer on the Merchant any right to contest MTN’s decision nor give rise to any legal claim against MTN under this Agreement.
4.4 Any MTN supplied equipment or equipment provided in terms of MTN’s obligations hereunder (whether by its agents, contractors or otherwise) and used for the establishment and provision of the merchant services shall remain the exclusive property of MTN and unless expressly stated herein, shall not be construed as granting the merchant any right in the MTN supplied equipment or equipment provided in terms of MTN’s obligations hereunder. Such equipment may be repossessed by MTN at its discretion.

5.1 The Merchant shall within a reasonable period initiate and complete reversal transactions where a payment made to it is manifestly made in error or otherwise. Where the two parties fail to agree on the reversal, MTN may at its own discretion mediate to resolve the disagreement.

6.1 The Service shall be subject to the Charges and Transaction Values set and communicated by MTN from time to time. MTN may by notice from time to time vary the charges.
6.2 MTN may by notice and from time to time vary the Charges and Transaction Values.
6.3 Amounts to be transacted by Customers using the Mobile Money System are subject to transaction and account limits set on the Mobile Money System as published by MTN (Charges and Transaction Values) or as may be varied by MTN in writing from time to time.

7.1 Each party undertakes and warrants that it will treat as confidential all
information related to and received from the other party, which it acquires as a result of the operation of this Agreement and to afford it the same degree of confidential treatment as it affords to its own confidential information.
7.2 Neither party will reveal any confidential information of the other to any third party, without the express written consent of the disclosing party, except where such information is already in the public domain, has been legally acquired by the third party, or where disclosure of the confidential information is ordered by a court or other competent authority.
7.3 The Merchant agrees that all customer Information is and shall remain the exclusive property of MTN. No right, title or interest other than the right to access the Information subject to these Terms is conveyed or transferred to the Merchant. The Merchant shall not make any representation or do any act which may be taken to indicate that the merchant has any such right, title or interest.
7.4 MTN may, however disclose all of the information collected from Merchants or former merchants to its affiliates or to companies that perform marketing services on its behalf or to financial institutions with whom MTN has written joint marketing agreements for financial products or services. The contracts entered for this purpose require these service providers, companies and/or financial institutions to protect the confidentiality of your personal information to the same extent that MTN must do.

8.1 Each of the Parties represents and warrants that none of its senior officers or directors (i) has ever been convicted of any crime (other than minor traffic offences); and (ii) has ever been charged, convicted of (or pleaded guilty or no contest to) any crime relating to fraud, embezzlement, theft, money laundering, financing terrorism or terrorist organizations, receiving stolen property, or illegal drugs or other controlled substances. Each Party shall, if required, notify the other in writing within 48 hours after any of these representations and warranties ceases to be true.
8.2 The Merchant warrants that it has obtained all the necessary management, board or, where necessary, regulatory approvals to use the Mobile Money Merchant Service for the receipt of Payments from Customers.
8.3 Each party shall indemnify the other, and keep each other indemnified, from and against any and all loss, damage or liability, whether criminal or civil, suffered, any legal fees and costs incurred by the other resulting from a material breach of this Agreement by the party at fault including breaches caused by any act, neglect or default of a party or any third party claim in respect of any matter arising from any person’s conduct, provided that the liability has not been incurred directly through any default either party in relation to its obligations under this Agreement.
8.4 Without prejudice to the foregoing, the Merchant shall indemnify and keep MTN indemnified from, defend MTN against, and pay any final judgment awarded against MTN, resulting from third party claims arising from the use of the Services leading to loss or damage (including consequential loss or damage) where the proximate cause of such loss or damage is attributable to the Merchant’s negligence, recklessness, indifference, delay or failure to receipt or acknowledge a Customer’s Payment after the Customer has effected a Merchant Transaction to the Merchant on the Mobile Money System.
8.5 The Merchant shall have no claim against MTN where MTN acts on the instructions including faxes, email or letters purported to be given by persons acting on behalf of the Merchant and/or Mobile Money System Participants, as the case may be.
8.6 MTN shall not be liable to the Merchant or any other person where;
8.5.1 The Transaction amount sought by the Customer is below the minimum
or above the maximum limits for transactions on the Mobile Money System set by MTN from time to time (Charges & Transaction Values);
8.6.2 The Customer has entered incorrect details and the payment is made to
the wrong Mobile Money System Participant;
8.6.3 The Merchant’s hardware, software or internet provider’s service is not
functioning properly;
8.6.4 The transaction is suspicious or fraudulent resulting in losses to a third
party;
8.6.5 The transaction details received do not contain the correct information;
8.6.6 The Merchant’s receipt of funds is intercepted by legal process or other
encumbrance restricting the transfer; or
8.6.7 Unforeseen circumstances prevent the execution of a Transaction despite
any reasonable precautions taken by MTN.
8.7 Without prejudice to any other provisions of this Agreement, each of MTN and the Merchant undertakes to indemnify the other party and keep the other party indemnified on demand for and against all proceedings, costs, claims, damages, expenses and liabilities of whatsoever nature howsoever suffered or incurred arising out of or by reason of:
8.7.1 any breach or non-compliance with any terms of this Agreement; or;
8.7.2 any infringement or alleged infringement of any intellectual property rights relating to the use of any software by any person.
8.8 MTN shall use all endeavours to ensure that the Service is functioning in accordance with the Operational Regulations, however, MTN accepts no liability for downtime and unavailability of the Service;

9.1 MTN may, with reasonable notice where practicable, suspend the
availability of the Service to the Merchant wholly or partially for any valid
reason, including without limitation, where (i) the Service is used in a
manner contrary to the representations made to MTN by the Merchant
or in a manner inconsistent with the conditions of any regulatory approval
granted to the Merchant; (ii) Investigations are contemplated or ongoing
and MTN reasonably believes that suspension of the service is likely to
facilitate the investigations; (iii) Any regulatory approval for the Service
granted to the Merchant is subsequently revoked or expires.
9.2 In the event of suspension MTN shall give the Merchant reasonable notice to remedy the cause of the suspension failure to which MTN shall be at liberty to issue a Termination Notice.
9.3 Upon the receipt of a Suspension Notice from MTN, the Merchant shall issue a statement or other appropriate written communication to its Customers which shall be in terms substantially consistent with the Suspension Notice received and shall inform its Customers of the impending unavailability of the Service.
9.4 Upon the issuance of a Suspension notice, MTN shall promptly facilitate the redemption of all accumulated funds in the Merchant’s Mobile Money Account.

10.1 Termination on Notice
10.1.1 If either of the Parties commits a breach of any material obligation imposed on it in terms of this Agreement (hereinafter the “Defaulting Party”), and fails to remedy such breach within a period of 30 (thirty) days from the date on which written notice is given to the Defaulting Party by the other Party (hereinafter the “Aggrieved Party”) requiring the Defaulting Party to remedy the breach, then the Aggrieved Party shall be entitled to terminate this Agreement on the expiry of such written notice and the Aggrieved Party shall be entitled to hold the Defaulting Party liable in damages as a result of such termination.
10.1.2 Either Party may terminate the agreement by giving thirty (30) days prior written notice irrespective of whether the other Party is in material breach of this Agreement.
10.1.3 MTN may terminate the agreement if the Merchant Payments account remains inactive for a period of six (6) months. For the avoidance of doubt, an “inactive” Merchant Payments account is one which has not had any credit entries over a continuous period of six (6) months.
10.2 Effect of Termination
10.2.1 Upon the receipt of a Termination Notice from MTN, the Merchant shall issue a statement or other appropriate written communication to its Customers informing them of the impending unavailability of the Service.
10.2.2 Upon termination, the Merchant shall return all equipment supplied by
MTN as part of this agreement.
10.2.3 The expiration or termination of this Agreement shall be without prejudice to all accrued rights and obligations of the Parties under this Agreement and to all obligations under this Agreement expressed to continue or take effect after expiration or termination.

11.1 The Merchant undertakes to declare all income resulting from or in consequence of using the Mobile Money Merchant Payments Services to the relevant tax authority and to pay all taxes levies and fees due on such income. MTN shall not be liable to the Merchant for any disclosure to the relevant tax authority and the Merchant hereby indemnifies MTN from any loss or damage arising from such disclosure to the relevant taxing authority.
11.3 Where withholding tax applies to this Agreement, MTN has a duty to deduct such tax and any other amount required by law at the point of payment from any amount payable to the Merchant.
11.4 Without prejudice to the generality of clause 11.1, any taxes, charges, impositions or levies imposed on a Party or on a Party’s performance of its obligations under this Agreement shall be paid by that Party, it being solely that Party’s obligation to collect and remit such taxes to the relevant tax authority.

12.1 You agree to not use the Mobile Money Merchant Payments service to:
a) Conduct any business that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) Impersonate any person or entity, including, but not limited to, an MTN official, fellow user, or falsely utter or otherwise misrepresent your affiliation with a person or entity;
c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
d) Conduct any business that causes or permits the uploading, posting, emailing, transmission or otherwise making available any content or information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e) Conduct any business that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
f) Conduct any business whether unsolicited or not, relating to or remotely connected to SPAM, junk mail, pyramid schemes, pornography, gambling or any other form of solicitation;
g) Conduct any business that causes or permits the uploading, posting, emailing, transmission or otherwise making any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h) Conduct any business that interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service;
i) Conduct any business that intentionally or unintentionally violates any applicable local, or international law, including, but not limited to, laws and regulations promulgated by the Uganda Communications Commission, the Central Bank of Uganda or any regulations having the force of law;
j) Collect or store personal data about other users without their express authority.
12.2 It is hereby acknowledged and agreed that MTN may preserve the Merchant’s Confidential Information and may also disclose the Merchant’s Confidential Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this Agreement; (c) respond to claims that the Merchant’s use of the Mobile Money Service violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MTN, its subscribers and the public.
12.3 You shall not make available to any third party any Confidential Information (including without limitation, customer names, MSISDN, transaction data, etc.) unless compelled by law to do so.

13.1 The Parties shall use their best efforts to amicably settle any dispute or claim, arising out of or in connection with this Agreement (including any question regarding its interpretation, existence, validity or termination). In the event of any dispute or claim, whether based on contract or tort, arising out of or in connection with this Agreement, the parties will endeavor to resolve such dispute through good faith negotiations as follows:
13.1.1 The Parties representatives will attempt to resolve the matter within fourteen (14) days of the matter being referred to them, or such other period as shall be agreed between the parties;
13.1.2 If the matter is not resolved under the provisions of 13.1.1 above, the matter will be referred to the Parties‟ Chief Executive Officers, or their duly appointed representatives, who will attempt to resolve the matter within a further period of seven (7) days, or such other period as shall be agreed between the parties.
13.1.3 If the matter is not resolved under the provisions of 13.1.2 above, the matter shall be referred to arbitration by a single arbitrator to be appointed by agreement between the Parties or in default of such agreement within fourteen (14) days of the notification of a dispute, upon the application of either Party, by the Center for Arbitration and Dispute Resolution.
13.1.4 Such arbitration shall be conducted under the provisions of the Arbitration and Conciliation Act, cap 4, Laws of Uganda
13.1.5 Save for the arbitral award, each party shall bear its own costs in relation to the arbitration proceedings.
13.1.6 The language of the arbitration shall be English
13.1.7 Nothing in this Agreement shall prevent or delay a Party from making claims or seeking injunctive or interlocutory relief in the High Court of Uganda.
13.2 The Merchant shall provide Customers with customer service assistance and/or a customer service helpdesk for first line resolution of customer issues relating to their payments.
13.3 The Merchant undertakes to comply with any guidelines or bulletins on customer dispute resolution and consumer protection as may be issued by MTN from time to time.

This Agreement, including the form and operating guidelines may be amended by MTN by way of bulletin, and notices. The Merchant acknowledges that such bulletin or notices shall be binding and shall have full legal force as if they were contained in this Agreement.

This Agreement may not be assigned by either party, by operation of law or otherwise, without the prior written consent of the other party.

Except as otherwise specified in the Agreement, all notices, requests, approvals, consents and other communications required or permitted under this Agreement shall be in writing and shall be personally delivered or sent by mail, registered or certified, return receipt requested, postage pre-paid, courier service to the address specified above. Notices shall be deemed given on the day actually received by the party to whom the notice is addressed.

This Agreement may be executed simultaneously in two counterparts, each of which shall be deemed an original, but all of which together constitute one and the same agreement.

No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.

Any provision of this Agreement held by a court of competent jurisdiction to be contrary to any law shall be severed from the agreement, but such severance shall not render the remaining provisions of this agreement ineffective. The remaining provisions of this Agreement will remain in full force and effect.

Each party intends that this Agreement shall not benefit, or create any enforceable right or cause of action in or on behalf of, any person or entity other than the MTN and the Merchant.

21.1 Notwithstanding any provision contained in this Agreement, neither Party shall be liable to the other Party for any delay or failure to perform its obligations under the Agreement as a result of revolution or other civil disorders; belligerent aggression by an enemy or war; strikes; lack of available resources from persons other than parties to this Agreement; labour disputes; electrical equipment or system availability delay or failure; fires; floods; acts of God; government or regulatory intervention; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not.
21.2 Upon the occurrence of any Force Majeure event, the affected party will promptly give written notice to the other party and will use commercially reasonable efforts to minimize the impact of such Force Majeure event.

22.1 The parties shall comply with all legal requirements applicable to their role in effecting Transactions.
22.2 Legal or regulatory requirements may require MTN to obtain and report certain information about the operation of the Merchant’s account. In order to comply with any such legal or regulatory requirements, MTN may at any time submit such information as it may have in its possession to the legal or regulatory authority. The Merchant shall assist MTN in complying with any such legal or regulatory requirements and shall deliver promptly any information that MTN reasonably requests for the purposes of complying with such legal or regulatory requirements.
22.3 None of the Parties shall at any time publish or cause to be published orally or in writing to any other person whatsoever (including to the public or any section of the public) any information concerning this Agreement or any other information of any nature whatsoever concerning either Party or any other matter regarding the internal affairs of either Party, whether such information or matter is stated to be confidential or not, without the express written permission of the other Party. This covenant is given by the Merchant and MTN on their own behalf and the parties also undertake to ensure that they will take all reasonable steps to enforce obligations in like form against its directors and personnel.
22.4 Each of the Parties shall, at its expense, obtain and renew, in accordance with any law or regulations for the time being in force, all permits, licenses and authorizations required for the performance of its obligations under this Agreement.
22.5 Where the Merchant integrates its Point of Sale terminal with the Mobile Money System, MTN may, at its expense, conduct by itself, or commission a third party to conduct, a systems audit to test the system integrity of the Merchant’s platform.
23 GOVERNING LAW AND JURISDICTION
The validity, construction and interpretation of this Agreement and the rights and duties of the parties hereto shall be governed by the laws of Uganda.

By participating in the Deposit and Win Promotion – MoMo Nyabo you agree to be bound by the decisions of MTN, which are final and binding in all respects and agree to the following terms and conditions: –

• By participating in the draws, all participating customers permit MTN to use their voices, pictures and life stories to be used in MTN’s marketing communication for the period of 12 months.
• All entries will be the property of MTN. The information entrants provide will be used by MTN for the purpose of running this promotion.
• MTN will automatically enter all eligible and qualifying participants into the draw.
• The draw will be carried out using an electronic randomized draw tool.
• MTN’s decision is final, and no correspondence will be entered into whatsoever.
• Employees, relatives and agents or any related bodies are not eligible to enter this campaign.
• MTN will contact winners only through 0312120000
• The prize must be taken “as offered” and cannot be varied or extended or transferred or exchanged.
• Any additional products or services not included in the prize, but required by the winner, will need to be arranged and paid for by the winner.
• MTN shall bear no responsibility for any harm and/or losses occasioned to the winners from the use of the claimed prizes.
• For prizes that require transfer of ownership, winning customers will have to provide a copy of their National ID (Front and Back) and the Uganda Revenue Authority Tax Identification Number (URA- TIN) to enable this process.
• Unclaimed prizes after the stipulated timeline will be forfeited altogether, and MTN will be free to use them as it deems fit.
• Information regarding the campaign that is published on authorized advertising material will also form part of the terms and conditions of the campaign.
• MTN may in their sole discretion amend these terms and conditions including the duration at any time without notice.
• Any attempt by anyone to deliberately interfere with or manipulate the promotion may be a violation of criminal and/or civil law and may result, among other things, in disqualification from participating in the draw.
• If for any reason any aspect of this campaign is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of Synergy which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, MTN in its sole discretion may cancel, terminate, modify or suspend the competition, or invalidate any affected entries,
• MTN reserves the right, without prior notice and at any time, to terminate or suspend the promotion, in whole or in part, or to modify the promotion, should any factor (including but not limited to fraud or security breach) interfere with the promotion as contemplated by these terms and conditions or if MTN believes that the promotion has been or will be compromised in any way.
• MTN will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
• Ugandan law shall govern this promotion. Any litigation of a dispute arising out of, or in connection with the promotion shall be subject to the sole and exclusive jurisdiction of Ugandan courts. By participating you irrevocably submit to the sole and exclusive jurisdiction of such courts for such purpose and waive any objection in connection with the same.
• By participating in a Promotion, you agree that any personal information provided by you with the Promotion entry and subsequently for the purpose of claiming the prize (if applicable) may be held, used, and retained by MTN to administer the Promotion.
• Any participant’s personal data relating to the Promotion will be used solely in accordance with the Data Protection and Privacy Act 2019
• Participants personal data may be passed onto to third-party fulfilment service provider/Contractors for the purposes of administering and arranging the prize including Know Your Customer and anti-money laundering checks with third-party providers and/or for any other legal and/or regulatory reason.

These are the terms and conditions upon which you may use the MTN Services (as defined herein) provided by MTN (“Conditions of Use”) the acceptance of which constitutes a binding contract between yourself and MTN. When you register as subscriber by signing the Registration Form annexed hereto you agree to the retention of your personal details (Know your customer details) provided on the registration form and to abide by these Conditions of Use. You therefore need to read and fully understand these Conditions of Use and if you do not agree with them, you must not proceed to register for and/or use MTN Services.

The following definitions relate to these Conditions of Use:

“Agent(s)”means person(s) registered by MTN to provide MTN Services, details of which may be obtained from MTN Service Centers.

“Agreement” means these Conditions of Use together with the Registration Form.

“Application(s) or Application software” means a program or a collection of programs designed to help customers perform specific tasks off the MTN system as downloaded onto a mobile device by the customer.

“Authority(ies)” means the Uganda Communications Commission, the Bank of Uganda, the Uganda Revenue Authority, the Financial Intelligence Authority or any other legally constituted government body as the context may require.

“Charges” means the Tariffs and other charges payable under this Agreement for the MTN Services.

“Conditions of Use” means these terms and conditions as may be varied by us from time to time.

“Credit Balance” means the amount of Mobile Money or airtime from time to time standing to the credit of your MTN Account.

“Credit” means the movement of funds into your MTN Account.

“Credit Transaction” means  any  transaction  which  results  in  your  Account  being credited with Mobile Money or Airtime as verified by MTN;

“Customer” means a subscriber (you) and every other person in whose name an Account for the MTN Services is registered.

“Customer Care Centre” means MTN Customer Care Centre situated at locations advertised, or any regional Customer Care Centre.

“Debit” means the movement of funds or airtime out of your MTN Account.

“Debit Transaction” means any transaction which results in a Debit from your MTN Account as verified by MTN on the MTN System.

“Designated Payee” means any person (including yourself, another customer, an Agent or Authorized Retailer) who is designated by you by SMS or through the App, to be the recipient of funds / airtime from your Account.

“Funds” means Mobile money

“Goods and Services” means such goods and services as may be purchased from Authorised Retailers using the MTN System.

“ID Number” means the number associated with the form of Government/ Regulator approved identification provided

“Mobile Equipment” means your Mobile Phone and SIM Card or other equipment which when used together allows access to MTN Services and, in each case, is approved for use within the Republic of Uganda by the relevant authority.

“Mobile Money” means the electronic money issued by MTN and representing an entitlement to an equivalent amount of cash monies held by Us in respect of the purchase of such electronic value;

“Mobile Phone” means your mobile phone handset.

“Retailer” refers to a Merchant who accepts Mobile Money as payment for Goods and Services.

“MTN Account or Account” means an account activated in your name on the MTN System upon completion of the registration, being the record maintained by us of the amount of Mobile Money or airtime from time to time held by you and represented by an equivalent amount of cash held by Us on your behalf.

“MTN Services” means all the products and services provided by MTN to its customers including the issuance and redemption of funds and the transfer of funds between Customers on the basis of Transfer Instructions including the recording of all Transactions, verifying and confirming all Transactions concluded and updating Customer Account records.

“MTN System” means the proprietary cellular phone money transfer service which is marketed, managed, and operated exclusively by MTN in the Republic of Uganda.

“MTN Website” refers to the on website address www.mtn.co.ug.

“MTN” refers to the GSM Mobile Network Operator in this case MTN Uganda Limited as licensed by the Uganda Communications Commission or MTN Mobile Money Uganda Limited as licensed by the Bank of Uganda as the context may require.

“MSISDN” means Mobile Station International Subscriber Directory Number issued to you with the SIM Card and corresponding identity number and PUK for accessing the MTN network

“Network” means the Global System for Mobile telecommunication (“GSM”) system operated by MTN and covering those areas within the Republic of Uganda as stipulated from time to time by us.

“Outlet Operator” means the assistant dealing with you at an Outlet.

“Outlet” means any shop, unit or other retail premises operated by an Agent.

“PIN” means your personal identification number, being the secret code you choose to access and operate your Account.

“Pre-paid Airtime” means mobile phone calling credit on MTN’s Network.

“Registration Form” means the registration form containing registration details and acceptance of these conditions of use by you in the form annexed hereto;

“SIM or SIM Card” means the subscriber identity module which when used with the appropriate Mobile Equipment enables you to use the MTN Services.

“SMS” means a short message service consisting of a text message transmitted from one Mobile Phone to another.

“Start Key” means the one-time PIN sent to you on registration for the purpose of activating your MTN Account.

“Tariffs” means actual charges for use of MTN Services as published on the MTN Web-Site.

“Tariff Guide” means a catalogue published for the Tariffs payable for MTN Services, as updated from time to time.

“Transactions” means any of the transactions specified under these terms and conditions such as mobile money transaction, data usage, voice call, SMS, etc

“Transfer Instructions” means instructions given via SMS or the Application for the transfer of funds from one Customer to another.

“Trustee” means MTN Mobile Money Uganda Limited which holds the aggregate of all Payments and sums equivalent to all transfers of Mobile Money into your MTN Account from other Customers in trust for you in the Trustee Account.

“Trustee Account” means the Bank Account maintained by the Trustee into which all Payments are made and held by the Trustee on behalf of Customers.

“User Manual” means a document describing the MTN System and its use.

“we”or “us”or “our” means MTN and (where applicable) MTN as the Trustee.

“you”or “your” means the Customer (subscriber).

3.1 You may register for MTN Services at any MTN authorized SIM Selling outlet or Agent in the Republic of Uganda.

3.2 For registering as a Customer, you will be required to provide the following information for inclusion in the Registration Form to be signed by you:-

3.2.1 Presentation of the original version of your National Identity Card (bearing your National Identity Number) for Ugandans or Original version of the Passport for Non Ugandans or Refugee Identity Card and Letters of Attestation for refugees.
3.2.2 Your full name
3.2.3 Your physical address
3.2.4 Your date of birth
3.2.5 Your Nationality
3.2.6 Your mobile number
3.2.7 Your finger print
3.2.8 Your visa and work permit (for non Ugandans).

3.4 All information provided must be complete and accurate in all respects.

3.5 We may decline your application at our sole discretion.

3.7 We may refuse to open an MTN Account for you if we are not satisfied with proof of your identity.

3.10 Upon registration with MTN and upon activation of your MTN Account by the input of the Start Key you will upon choosing a secret PIN, be entitled to use MTN Services with immediate effect.

MTN Services are made available to you subject to these Conditions of Use:-

4.1.1 Although we will try to ensure that you are able to make full use of the Network to access MTN Services within the coverage area, we do not guarantee that the MTN Services will be available at all times and we will not be responsible or liable for any loss whatsoever or howsoever arising as a consequence of any non-availability of MTN Services. MTN Services are not fault free and factors including (but not limited to) acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the MTN Network may interfere adversely with the quality and provision of MTN Services.

4.1.2 In the event of damage to, loss or theft of the SIM Card, you are obliged to inform us immediately of such damage, loss or theft. We will then disable such damaged, lost or stolen SIM Card so as to prevent further use of the MTN Services until the same has been replaced. A replacement fee will be applicable and you will be responsible for all Charges and Transactions effected up to the time of receipt by us of your notification of the damage, loss or theft. Notification of any such damage, loss or theft may be given by telephoning the Customer Care Centre. MTN will not be held liable for any claims made in respect of any Transactions effected with your Mobile Phone and SIM prior to such notification being received or even after receipt of such notification through no fault of MTN.

4.1.3 Please note that the confidentiality of your communications via our Network is not guaranteed. You are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. We cannot accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality.

4.2 You accept that we may disclose or receive personal information or documents about you:-

4.2.1 to and from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud;

4.2.2 to facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement;
4.2.3 to our lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature).

4.3 You must comply with any instructions that we may give you from time to time about the MTN Services.

4.4 With the exception of calls made to our Customer Service Hotline numbers (which will be provided to you upon registration) and to other designated toll free numbers, a minimum call charge may be levied in accordance with the applicable Tariff.

4.5 Your calls, emails or SMS’s may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of un-authorized use of our telecommunications system and detection and prevention of crime.

4.6 You will be liable to pay MTN for all network costs incurred using MTN Services as per the tariff plan published from time to time.

5.1. You are deemed to have accepted these Conditions of Use as amended from time to time and which take effect:-

5.1.1 Upon Registration; or

5.1.2 Upon the initial activation of the MTN System by use of your Start Key.

We may suspend (bar), restrict or terminate the provision of MTN Services (in whole or in part) and/or close your MTN Account without informing you and without any liability whatsoever (although, we will, where possible, try to inform you that such action is or may be taken) under the following circumstances:-

6.1.1 if we are aware or have reason to believe that your Mobile Equipment or MTN Account or PIN number used in relation to the MTN Services is/are being used in an un-authorized, unlawful, improper or fraudulent manner or for criminal activities (or has been so used previously);

6.1.2 if you do not comply with any of the conditions relating to the MTN Services including these Conditions of Use;

6.1.3 if you notify us that your Mobile Equipment has been lost or stolen or your PIN has been lost or disclosed to any other party;

6.1.4 if you do anything (or allow anything to be done) with your Mobile Equipment or MTN Account which we think may damage or affect the operation or security of the Network or MTN Services;

6.1.5 for reasons outside of our control;

6.1.6 where we close your Account under Clause 6.2.

6.2 To access the MTN Service, Your SIM must be operational (“active “) at all times. If Your account does not have a registered transaction for 9 consectuive months, it shall be declared dormant and suspended in accordance with the following procedure:

6.2.1 You shall be given a one month notice before the account is declared dormant, informing you that your account shall be suspended unless there is a transaction on the MTN Account

6.2.2 Upon expiry of the notice period, we shall block your account and shall not permit any further transactions unless you reactivate your account.

6.2.3 where you do not reactivate your account within six (6) months after it has been blocked, your account shall be closed.

6.2.4 Upon closure of your account, your account balance and identifying information shall be transferred to the appropriate Authority.

6.2.5 Any claim for refund from your account shall be made to the Authority within Seven (7) years of account closure.

6.2.6 All funds that are not claimed within Seven (7) years of account closure shall be transferred to the Consolidated Fund or as will be guided by the Regulators from time to time.

6.2.7 Under this clause “Reactivation of an Account” shall mean, Subject to providing satisfactory Identification and proof of ownership;

6.2.7.1 Where the Customer’s Mobile Phone Number (MSISDN) is still held by the customer, a reactivation of the Blocked MTN Account on the same MSISDN.

6.2.7.2 Where the Customer’s Mobile Phone Number(MSISDN) has been reassigned to another MTN Customer in accordance with clause 6.2 and or other MTN internal guidelines, a transfer and reactivation of the blocked MTN Account to a new or another Mobile Phone Number acquired by the customer from MTN.

6.3 We will also close your MTN Account upon receipt of your request to close your MTN Account.

6.4 Where the use of your PIN has been suspended or disconnected or your MTN Account closed any Credit Balance in your MTN Account will be repaid to you in upon your presenting yourself at our Customer Care Centres except where Clause 6.2 applies. You will only be paid any Credit Balance upon satisfactory evidence of your identity being produced.

6.5 We will not be responsible to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, or statute, if we close or suspend your MTN Account in terms of this clause 6.

7.1 Tariffs as published are payable to MTN for each Transaction effected from your MTN Account. The Tariff Guide is available at all MTN’s authorized agents and Sim selling outlets or at our Service Centers across the country or by accessing MTN’s Website.

7.2 Tariffs payable on each Transaction will be deducted from your MTN Account by MTN on conclusion of each Transaction and your new balance on conclusion of the Transaction shall be notified to you by SMS.

7.3 Tariffs include Value Added Tax but are subject to other applicable levies and taxes at the then prevailing rates.

7.4 All Charges payable by you in connection with the use of the MTN Services may be debited from your Account without further reference to you.

8.1 All Debit Transactions from your Account will be effected by Transfer Instructions authorized with the PIN which you choose when you register, or by such other method we may prescribe from time to time. Per regulations which might change from time to time, proof of National Identity Number or Passport Number might be required before any Transaction can be effected and the National Identity Number or Passport Number presented will be recorded by the Agent on each Transaction.

8.2 Your Account will be credited when you purchase mobile money or airtime or when Mobile Money is transferred to your MTN Account from another Customer and all such funds will be held by Us to your order.

8.3 You may not effect any Transactions from your Account in the event that you do not have sufficient credit in your Account to meet the value of the Transaction and Charges applicable thereto.

8.4 The MTN System will verify and confirm all Transactions affected from your Account by SMS to you. The MTN System records will be taken as correct unless the contrary is proved.

8.5 On being provided with an Account, you will be able to affect the following transactions:-

8.5.1 Effect a Credit Transaction by making a Payment in cash directly to an Agent in exchange for an equivalent amount of mobile money to be credited into your Account. Upon a Credit Transaction being made, the mobile money System shall credit your Account accordingly.

8.5.2 Effect a Debit Transaction by:-

8.5.2.1 The exchange of mobile money for cash at any Agent by sending a Transfer Instruction to MTN pursuant to which the Agent will pay the equivalent amount of cash to you.

8.5.2.2 The transfer of mobile money to another Customer by sending Transfer Instructions to MTN for the account of such Customer, specifying the amount to be transferred.

8.5.2.3 The purchase of MTN Pre-paid Airtime by sending a recharge instruction to MTN and giving a Transfer Instruction for the corresponding amount of Mobile Money to MTN.

8.5.2.4 The purchase of Goods and/or Services from Authorised Retailers by Transfer Instructions via MTN of the amount to be transferred to the Authorised Retailer’s Account in settlement for the Goods and/or Services purchased.

8.5.3 Any Transaction which is not concluded within 7 days of the Transfer Instructions first being given for that transaction will automatically be cancelled and an SMS notification sent via the MTN system of the cancellation shall be given to the Customer giving the Transaction Instructions.

8.5.4 The MTN System will confirm every Transaction made by way of SMS together with an updated balance of your Account.

8.5.5 Any Debit Transactions given using your PIN will be charged to your MTN Account. You acknowledge that, unless and until MTN receives notice from you that your PIN, is no longer secure and/or that your Mobile Equipment has been lost or stolen, MTN may rely on the use of the PIN as conclusive evidence that a Debit Transaction has been authorized by you, even if it is actually made without your authority. MTN shall not require any written confirmation of any Transaction Instruction.

8.5.6 We are unable to reverse or charge-back any Transfer Instruction for any reason including in the event of any dispute with any other Customer or an Authorised Retailer. You are responsible for resolving any disputes arising with any other Customer or an Authorized Retailer without recourse to MTN.

8.5.7 Your Account may only be operated by the use of Authorised Agents/Retailers in the Republic of Uganda

8.5.8 Each Transaction will be issued with a unique receipt number that is included in the confirmation SMS sent to you with an updated balance of your Account. This receipt number is used to track & identify all Transactions carried out on your Account.

8.5.9 A Transaction once completed is final and irrevocable. As such, MTN shall not be under any compulsion to reverse any Transaction.

8.5.10 Notwithstanding the above, MTN 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 funds and the reversal claim is made within seven (7) days of the erroneous Transaction date.

8.5.11 MTN will not be compelled to refund or compensate the sender if the funds are sent to a recipient mistakenly or in error or fraudulently or under duress and subsequently redeemed for Cash or otherwise spent by the recipient of the mistaken, erroneous or fraudulent Transaction and you hereby agree not to hold MTN liable for any losses arising from a mistaken, erroneous or fraudulent transfer of funds or any transfer of funds from your account effected under duress or under coercion or criminal force.

8.5.12 Your SIM card may allow you to access other value added services which are supported by other service providers. You will be notified of the terms relating to such value added services upon subscription therefor. It is expressly understood by the customer that MTN shall not in any way be liable for any interruption or degradation of any such value added services anymore than it (MTN) would be hereunder.

8.5.13 You will be able to make and receive calls only in areas covered by MTN in the Republic of Uganda or in any other Country where MTN has a roaming partner operating and with a signal in the particular area where you are. You are required to activate your roaming before you leave Uganda. You will not be able to utilise your SIM card on any other network operating in Uganda.

8.5.14 You may change your Tarriff plan at a cost determined by MTN.

9.1 Only one PIN Number can be linked to your Account at any time.

9.2 Only you may use your Mobile Phone and PIN Number for Mobile Money Services.

9.3 You are responsible for the safekeeping and proper use of your Mobile Equipment, for keeping your PIN and your SIM and for all Transactions that take place on your account using your PIN.

9.4 Your PIN will be used to confirm your identity when you call the Call Centre, but you must not disclose your PIN to any person including the staff at the Customer Care Centre.

10.1 You will be responsible for all applicable Charges and the applicable Tariffs for any Transaction effected including calls made on the Network using the MTN Account whether those calls were made by you or someone else with or without your authority or knowledge.

10.2 You are solely responsible for any transmitted material and or communication, which is classified as defamatory, illegal or in breach of any copyright and shall indemnify and keep us indemnified against any claims and expenses made against us in respect thereof.

10.3 You must not in any way tamper with, modify or decompile your SIM Card. In the event that MTN has reason to believe that you have tampered with your SIM Card, MTN reserves the right to suspend your network services in accordance with clause 6.

10.4 You must not use the MTN Services to commit any offence(s) contrary to the Laws of Uganda.

11.1 We reserve the right to vary at any time and without prior notice to you these Conditions of Use or the Tariffs. Variations will be notified by way of advertisement in a daily newspaper, SMS, or through our Website and or by using any other suitable means PROVIDED THAT you shall be deemed to have been notified of any such variations regardless that the same may not have actually come to your attention.

11.2 By continuing to use the MTN Services you shall be deemed to have agreed to the variations contemplated in clause 11. If you do not accept any of the variations then you must not continue to effect any Transactions otherwise you will be deemed to have accepted such modifications.

12.1 MTN as a Trustee hereby declares that it holds all Payments received in respect of the Purchase of mobile money or transfers of funds into your Account (the “Trust Amounts”) in trust for you and for your benefit and that you shall be beneficially entitled to all those Trust Amounts standing to the credit of your Account. You agree that the Trustee may treat the records of the MTN System as conclusive evidence of the amount of funds at any time standing to the credit of your Account and the Trustee is not bound to make any independent investigation of your beneficial entitlement to the Trust Amounts. You further acknowledge that, in relation to any payment to you in respect of your entitlement to Trust Amounts, we may act on instructions given by you using your PIN or instructions purported to be given by you using your PIN even if they are actually given by a third party.

12.2 You acknowledge that the Trustee shall have no obligation to invest the Trust Amounts other than by way of holding the same in the Trust Account. You further acknowledge that, to the extent that any interest accrues on the Trust Amounts, the Trustee shall be entitled to retain such interest to defray its own costs and expenses and/or to pay the same towards the costs and expenses of operating the MTN System and you shall be entitled to receive the interest net of the Trustees’ costs and expenses, at the end of every calender year quarter.

13.1. In the event that we are compelled to change or reassign your telecommunications numbering or MTN Account to meet regulatory requirements or for any other reason our liability will be limited to retaining your Account and where possible, transferring your Account to a new MSISDN, failing which you will be paid out the Credit Balance standing in your Account as per MTN Policies applicable at the time.

13.2. To the maximum extent permissible by law we exclude warranties of all kinds, either express or implied.

13.3. All Agents are no more than independent outlets authorised by MTN or an approved MTN agent aggregator to provide MTN Services and no agency relationship exists between MTN and the Agents and we accordingly bear no responsibility or liability for any default or negligence on the part of the Agents in providing MTN Services.

13.4. We shall not be liable for any loss which you suffer unless it is directly caused by our being negligent or deliberately acting wrongly. If we do act negligently or wrongly, we shall only be liable for the amount of the loss that a normal Customer in your position would have suffered and not any loss which results from your particular circumstances; even if we know that your circumstances are unusual.

14.1 This Agreement (as from time to time may be amended) forms a legally binding agreement binding on you and your personal successors.

14.2 This Agreement shall not be assigned by you to any other person.

14.3 No failure or delay by either of us in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

14.4 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

14.5 If any provision of these Conditions of Use shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein and all provisions not so affected by such invalidity or unenforceability shall remain in full force and effect.

15.1 You may obtain a balance enquiry from your MTN Account via the MTN App USSD code published from time to time and query any transactions effected using your PIN at the Customer Service Centre.

15.2 Printed statements of your Account will not be provided.

15.3 Subject to Clause 6.2 above, we will close your Account on receiving a request from you.

We are not responsible for any loss arising from any failure, malfunction, or delay in any cellphone Networks, cellphones, the Internet or terminals or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.

17.1 We are entitled to send information to you via SMS to the contact Mobile Phone number supplied on your application form. These SMS’s are for information purposes only.

17.2 You should send any legal notice to us at our chosen address: MTN Mobile Money Uganda Limited P.O. Box 40340, Kampala, Plot 1-4 Wampewo Avenue, Kololo Kampala or MTN Uganda Limited, P.O. Box 24624, Kampala, Plot 69-71 Jinja Road.

18.1 You must pay all our expenses in recovering any amounts you owe us including legal fees, collection fees and tracing fees.

18.2 A certificate signed by any of our managers (whose appointment need not be proved) showing the amount you owe us is sufficient proof of the facts stated on the certificate, unless the contrary is proved.

18.3 We will not be responsible to you for any indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible and whether arising in contract or statute.

18.4 You must notify us immediately of any change of your details in your Registration Form.

18.5 You agree that your information, including your personal information, your conversations with our Customer Care Centre and your Transactions will be recorded and stored for record keeping purposes for 10years from date of closure of your Account.

18.6 All copyright, trademarks and other intellectual property rights used as part of MTN Services or contained in our documents are owned by MTN or its licensors. You agree that you acquire no rights thereto.

19.1 This Agreement is governed by Ugandan Law.

19.2 Any dispute arising out of or in connection with this Agreement shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Judge in charge for the time being of the High Court (Commercial Division) of Uganda. Such arbitration shall be conducted in Kampala in accordance with the Rules of Arbitration subject to and in accordance with the provisions of the Arbitration Act, Cap 4 or its successor legislation

19.3 To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.

19.4 Nothing shall prevent the parties hereto from seeking any relief from a court of competent jurisdiction in Uganda and or any other relevant regulatory body.

20.1 MTN recognizes the importance of protecting the privacy of all information provided by users of MTN Services. This statement is meant to affirm our utmost respect for your rights to privacy.

20.2.   MTN collects personally identifiable information that we use to profile MTN service customer and administer individual accounts, update MTN databases, innovate the service and provide user support.

20.3.   Save as provided hereunder, MTN 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.

20.4.   You acknowledge that by using the MTN Services, some of your relevant personal information will be passed on to any person whom you share MTN Service (for purposes of Transactions), or send Mobile Money to and will be available to any third party involved in the operation of the service including without limitation, MTN Partners (third parties) in providing MTN products and Services. You hereby authorize MTN to share with, provide or disclose to third parties with which you have separately contracted or with which you intend to contract (and have informed MTN of this intention in writing or electronically through the MTN System or the third party system), your personal information including any Transaction data, information pertaining to you or your Account, or your usage of MTN Products and Services provided that the authority given to MTN 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.

20.5.   You consent to your personal information being disclosed to, transferred to and processed by third parties designated by MTN as data processors in accordance with the provisions of the Data Protection Act.

20.6.   In order for MTN to assess your credit profile, You consent to MTN or any MTN affiliate entities to retrieve, analyse and process your credit history, your MTN SIM card usage patterns, your loan histories with third parties and other similar information from third parties such as Credit Reference Bureaus and other device financing companies or similar firms.

20.7.   You acknowledge that MTN may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.

20.6.   You accept that MTN 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 agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities;

20.7.   MTN employees who handle personal information are under an obligation to treat it confidentially and may not disclose it to unauthorized third parties. MTN employees are also responsible for the internal security of the information. Employees who violate MTN’s privacy policies are subject to a range of disciplinary actions.

20.8.   Any person submitting any information to MTN through the MTN System may be granted access rights to that information. MTN has developed systems that enable access and correction of information submitted to it.

Note: Please note that a Summary of the Mobile Money Services terms and conditions is available at the MTN Agents outlets, All MTN Service Centers MTN’s head offices and the MTN Website located at www.mtn.co.ug  and is printed on the back of the registration form.

These Terms and Conditions govern your use of this website and your participation in the “MTN Gaming Month Competition”. By clicking on “I Accept” below, you: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF THE COMPETITION AND ALL OBLIGATIONS AND RULES THAT ARE INCLUDED WITHIN EACH COMPETITION IN WHICH YOU PARTICIPATE (these Terms and Conditions of the Competition are collectively referred to as the “Terms”) IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS.

If you do not wish to be bound by the Terms, do not click “I accept” and do not register for the MTN Gaming Month Competition.

The competition period (hereinafter referred to as the ‘Competitional Period’) is for two months from 14^th day of February 2022 to 13^th day of April 2022.

• To register and participate in the MTN Gaming Month Competition, an individual must:

1. Be a natural person, aged 18 years old or older.
2. At all times comply with these terms

• Be a citizen or resident of Uganda, an official resident or legally working in Uganda.

• We may at any time require any User to provide proof of Eligibility and Identity to access and participate in the MTN Gaming month Competition.

• Each User hereby acknowledges and accepts this condition of their participation as a measure to ensure the security of MTN Gaming Month Competition.

• Each User will be required to provide proof of eligibility and/or identification prior to receiving a prize.

• Failure to provide evidence of your eligibility and/or identification satisfactorily in our sole and absolute discretion, shall result in the suspension and/or termination of your participation and forfeiture of all prizes.

• To participate in the MTN Gaming month competition on the online platform mtn.gogames.run, a User is required to play only the pre-selected premium games. The five pre-selected games will be communicated via MTN’s official Social Media and Short Message Service (SMS) channels.

• To participate and access the pre-selected games, a User must pay a sum of Ugx 500 Daily, Ugx 1000 Weekly and Ugx 3000

• A User with the highest scores on his/her individual leaderboard will be eligible to win Ush.100,000.

• A User shall be rewarded only ONCE throughout the entire competition. In the event that the same User wins multiple times, MTN will reward a runner up.

• MTN Staff are NOT eligible to participate.

• All Users with criminal records shall be automatically disqualified.

• Persons who use any illicit means, or otherwise seek advantage through manipulation, are likewise prohibited. If necessary, prizes may be subsequently forfeited and reclaimed in such cases.

• Anyone who provides false information about their identity or makes multiple entries in the competition is likewise excluded.

• MTN reserves the right to exclude persons from the competition and not to pay out prizes, or to subsequently forfeit and reclaim them, in the event of a violation of these Terms and Conditions.

The User hereby warrants that he or she has not entered any commercial, sponsorship or other partnership agreement or arrangement with any person, firm, or company in respect of my in the competition and will not do so.

• The User hereby indemnifies and holds harmless MTN, its officials, agents, volunteers, and employees against and liability, injury or death sustained because of participating in any and all activities connected with or associated with the Competition.
• The User agrees to indemnify and hold MTN, its affiliated entities, and their respective employees, officers, agents, licensees, and assigns, harmless from any claim and/or liability arising from failure to obtain the permissions and grants of authority described in these terms and conditions including all claims for infringement of copyright or any form of intellectual property.
• The User further agrees to indemnify MTN, its affiliated entities, and their respective employees, officers, directors, agents, licensees, and assigns, harmless from all liability howsoever arising including oversight, negligence, or willful misconduct.

• The Services, including all content, features, and functionality thereof, are owned by MTN Uganda Limited, its licensors, or other providers of such material and are protected by Ugandan Law, and Ugandan copyright, trademark, patent, and other intellectual property or proprietary rights laws.
• The User is permitted to use the Services for personal, non-commercial use only or legitimate business purposes related to his/her role as a current or prospective customer of MTN.
• Except as provided below, a User must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
• The User must not reproduce, sell, or exploit for any commercial purposes any part of the MTN Services, access to the Services or use of the Services or any services or materials available through the Services.
• For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.
• The User grants full authority, copy right and other proprietary rights `of his/her recordings (audio, visual and photos) under this competition to be used by MTN UGANDA LIMITED.

• MTN reserves the right to cancel or terminate the online competition at any time without prior notice and without the need to indicate the grounds.
• MTN may demand that a User pay compensation for any damages incurred if any such termination is caused by the conduct of a User

Each User is free to request the deletion of their registration details by sending notice of withdrawal to customerservice@mtn.co.ug.

MTN shall be released from all obligations upon fulfilment or distribution of the cash prize.

• MTN reserves the right to alter the amount and/or terms of the subscription fees at any time. Additional information to price changes can be found in the terms of the respective platform.
• The Competition will be cancelled where it is void in whole, or in part prohibited by Law.
• MTN is not responsible for any entry that is incomplete or incorrect, or for any failures, errors, or delays with respect to submission of any entry.
• Any attempt by you to deliberately interfere with or manipulate the competition may be a violation of criminal and/or civil Law and may result, among other things, in disqualification from the competition.
• By participating in the Competition, a User agrees that any personal information provided for the Competition entry and subsequently for the purpose of claiming the prize (if applicable) may be held, used, and retained by MTN to administer the Competition
• A User hereby explicitly and unambiguously consents to the collection, use and transfer, in electronic or other form of personal data as described in the terms and conditions for the exclusive purpose of implementing, administering, and managing the participation in the Competition.
• A User understands and acknowledges that the Company may hold certain personal information about the User including but not limited to the User’s name, address and telephone number, date of birth, identification number, nationality (“Personal Data”) for the purpose of implementing, administering, and managing the Competition. The data will be collected and retained for the duration period only.
• A User authorizes MTN to receive, possess, use, retain and transfer the Personal Data, in electronic or other form, for the purposes of implementing, administering, and managing the participation in the Competition.
• A User understands that Personal Data will be held only if necessary or appropriate to implement, administer and manage the participation in the Competition. Further, a User understands that he/ she is providing the consents herein on a purely voluntary basis.
• A User’s personal data may be passed on to third-party fulfilment service providers/contractors for the purposes of administering and arranging the prize including Know Your Customer and anti-money laundering checks with third-party providers and/or for any other legal and/or regulatory reasons.
• A User has the right to report to the Regulator any accidental or deliberate breaches leading to destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.
• MTN may in their sole discretion amend these terms and conditions at any time, without notice.
• MTN’s decision is considered final, and no correspondence will be entered whatsoever.
• If for any reason any aspect of this Competition is not capable of running as planned because of depletion of planned budgeted amount, infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of MTN which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this competition, MTN in its sole discretion may cancel, terminate, modify, or suspend the Competition.
• MTN will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury, or death which is suffered or sustained (whether arising from any person’s negligence) in connection with this Competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
• Ugandan Law shall govern this competition and any litigation of a dispute arising out of, or in connection with the competition shall be subject to the sole and exclusive jurisdiction of Ugandan courts.
• By participating, you irrevocably submit to the sole and exclusive jurisdiction of such courts for such purpose and waive any objection in connection with the same

• The Campaign will run for a period of one month from 1^st day of March 2022 to the 31^st day of March 2022.
• The Campaign will focus on driving! Call Ring! Back Tunes (CRBT) downloads and
• Only active CRBT Users and non CRBT users in Kampala will be allowed to Participate
• All MTN Customers above 18 years are eligible to participate in the Call Ring! Back Tunes campaign!
• To participate, dial *170*6# to download the caller tunes available on the USSD
• The higher the downloads, the higher the chances of winning!

• Every week, MTN will select two winners through an electronic randomized draw to be rewarded with gift hampers worth Ush 300,000.
• The selected winners will be rewarded on the following! dates:
  1. 11 March 2022
  2. 18 March 2022
  3. 25 March 2022

• The Music Artists will be responsible for handing! over the gift hampers to the selected winners at their physical addresses. Mtn will notify the selected winners through its official channels before delivery of the
• A Participant hereby indemnifies and hold harmless MTN, its officials, clients, volunteers, and employees against all liability, injury or death that may be sustained because of participating in all activities connected with or associated with the Campaign.
• A Participant agrees to indemnify and hold MTN, its affiliated entities, and their respective employees, officers, agents, licensees, and assigns, harmless from any claim and/or liability arising from failure to obtain the permissions and grants of authority described in these terms and conditions including all claims for infringement of copyright or any form of intellectual
• A Participant further agrees to indemnify MTN, its affiliated entities, and their respective employees, officers, directors, agents, licensees, and assigns, harmless from all liability howsoever arising including oversight, negligence, or willful misconduct.

• MTN, at its sole discretion, may disable, and/or terminate or block access to the Services by Participants who infringe the intellectual property rights of others.
• Information regarding the Campaign that is published on authorized advertising material will also form part of the terms and conditions of the Campaign.
• A Participant hereby explicitly and unambiguously consents to the collection, use and transfer, in electronic or other form of personal data as described in the terms and conditions for the exclusive purpose of implementing[!, administering!, and managing  the participation in the campaign about the Participant includingg but not limited to the Participant’s name, address and telephone number, date of birth, identification number, nationality (“Personal Data”) for the purpose of implementing, administering, and managing the campaign. The data will be collected and retained for the campaign period only.
• A Participant authorizes MTN to receive, possess, use, retain and transfer the Personal Data, in electronic or other form, for the purposes of implementing, administering, and managing the participation in the Campaign.
• A Participant understands that Personal Data will be held only if necessary or appropriate to implement, administer and manage the participation in the Campaign. Further, a Participant understands that he/ she is providing the consents herein on a purely voluntary
• A Participant’s personal data may be passed on to third-party fulfillment service providers/contractors for the purposes of administering and arranging the prize including Know Your Customer and anti-money laundering checks with third-party providers and/or for any other legal and/or regulatory reasons
• A Participant has the right to report to the Regulator any accidental or deliberate breaches leading to destruction, loss, alteration, unauthorised disclosure of, or access to, personal
• MTN may in their sole discretion amend these terms and conditions at any time, without
• If for any reason any aspect of this Campaign is not capable of running as planned because of depletion of planned budgeted amount, infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of MTN which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this competition, MTN in its sole discretion may cancel, terminate, modify, or suspend the Campaign.
• MTN will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury, or death which is suffered or sustained (whether arising from any person’s negligence in connection with this Campaign or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
• This Campaign will run in conjunction with any other Campaigns.

The promotion will run for a period of 1 month from 01/03/2022 to 31/03/2022.

• All participants must 18 years and
• Only MTN customers who are registered on the Ayoba App are eligible to participate in the
• MTN Staff member are NOT eligible to
• All participants with criminal records shall be automatically

• On a specific day of the week, MTN will post a question on its designated social media platforms or via Short Message Service (SMS)
• The Participant is required to answer the question using ONLY the Ayoba Chat
• All responses must be messaged to MSISDN

• MTN will select the first 20 participants who answer the question
• Each winner shall be rewarded with a sum of Ush 20,000.
• Every Participant can only win once during this promotion
• The Winners will be posted on MTN’s social media platforms or notified via Short Message Service (SMS).

• The Participant hereby indemnifies and holds harmless MTN, its officials, agents, volunteers, and employees against and liability, injury or death sustained because of participating in any and all activities connected with or associated with the
• The Participant agrees to indemnify and hold MTN, its affiliated entities, and their respective employees, officers, agents, licensees, and assigns, harmless from any claim and/or liability arising from failure to obtain the permissions and grants of authority described in these terms and conditions including all claims for infringement of copyright or any form of intellectual
• The Participant further agrees to indemnify MTN, its affiliated entities, and their respective employees, officers, directors, agents, licensees, and assigns, harmless from all liability howsoever arising including oversight, negligence, or willful

• All Participants must not (or try to), and encourage or help anyone else to, do any of the following:
  • copy or reproduce any part of the Ayoba App;
  • remove or tamper with any copyri[!ht notice attached or contained within the Ayoba App;
  • copy or reproduce any trademarks, service marks, /of!OS or brandinf! published or displayed in the Ayoba App; and

• reverse en[Zineer, decompile, disassemble, or decipher the Ayoba App or otherwise try to £et the source code for (or any part of) the Ayoba

• MTN grants the Participant a limited, non-exclusive, non-transferable, non­ sublicensable, revocable (if you delete your Ayoba App account or if we terminate your ri[Zht to use the Ayoba App) license For the limited purpose of using the Ayoba App on your mobile device, always subject to these App Terms and
• The Participant grants MTN a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable, and unrestricted license to use, distribute, reproduce, display, store and copy any information (including any Content) that the Participant creates, uploads, sends, submits, stores  on or via the Ayoba App For the following purposes:
  • to provide and operate the Ayoba App;
  • to comply with any law, rule, order or re[Zulation or the order of any court, enforcement a£ency or any other authority of competent jurisdiction; and
  • to perform our obli[Zations and exercise our ri[Zhts under these App Terms and
• The Participant must promptly inform MTNif he/she becomes aware that the Content does or may infringe the rights (including intellectual property rights) of
• The Participant grants full authority, copy right and other proprietary rights of all my information under this promotion to be used by MTN UGANDA

• By participating in the Promotion, you agree that any personal information provided by you for the Promotion entry and subsequently For the purpose of claiming the prize (if applicable) may be held, used, and retained by MTN to administer the
• A Participant hereby explicitly and unambiguously consents to the collection, use and transfer, in electronic or other Form of personal data as described in the terms and conditions For the exclusive purpose of implementing, administering, and managing the participation in the
• A Participant understands and acknowledges that the Company may hold certain personal information about the Participant including but not limited  to the Participant’s name, address and telephone number, date of birth, identification number, nationality (“Personal Data”) For the purpose of implementing, administering, and managing the promotion. The data will be collected and retained For the duration period
• A Participant authorizes MTN to receive, possess, use, retain and transfer the Personal Data, in electronic or other form, for the purposes of implementing, administering, and managing the participation in the
• A Participant understands that Personal Data will be held only if necessary or appropriate to implement, administer and manage the participation in the Further, a Participant understands that he/ she is providing the consents herein on a purely voluntary basis.
• A Participant’s personal data may be passed on to third-party fulfilment service providers/contractors for the purposes of administering and arranging the prize including Know Your Customer and anti-money laundering checks with third-party providers and/or For any other legal and/or regulatory

• A Participant has the right to report to the Regulator any accidental or deliberate breaches leading to destruction, loss, alteration, unauthorised disclosure of, or access to, personal
• MTN may in their sole discretion amend these terms and conditions at any time, without
• MTN’s decision is final, and no correspondence will be entered
• If for any reason any aspect of this Promotion is not capable of running as planned because of depletion of planned budgeted amount, infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of MTN which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this competition, MTN in its sole discretion may cancel, terminate, modify, or suspend the
• MTN will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury, or death which is suffered or sustained (whether arising from any person’s negligence) in connection with this promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
• Ugandan Law shall govern this competition and any litigation of a dispute arising out of, or in connection with the competition shall be subject to the sole and exclusive jurisdiction of Ugandan courts.
• This Promotion will run in conjunction with any other

1.1.  This Agreement sets out the complete terms and between you, MTN Uganda and NCBA Bank Uganda Limited (NCBA), for the MoMo Advance Service (as hereinafter defined) and shall be binding on your personal representatives and assignees.

1.2. These terms and conditions and any amendments or variations thereto take effect on their date of publication.

1.3. These Terms are supplemental to the MTN Mobile Money (MoMo) Terms and Conditions. In the event of any inconsistency between these Terms and the MoMo Terms and Conditions or any other relevant and Conditions, these Terms and Conditions shall prevail.

In these terms and conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:

2.1. “Agreement” means these terms and conditions and any amendments that will be made from time to time.

2.2. “Applicant” means any person who, through the Opt- In Function, applies for enrolment or registration onto the Service and establishment of an Overdraft Limit.

2.3. “Credit Reference Bureau” or “CRB” means a credit reference bureau duly licensed under the Banking Act pursuant to the Financial Institutions Act, 2004, Section 78, as amended, revised or promulgated from time to time, to inter alia, collect and facilitate the sharing of customer credit information..

2.4. “NCBA ” or “NCBA Bank Uganda Limited” means NCBA Bank Uganda Limited, incorporated in Uganda as a limited liability company under the Companies Act and duly licensed as a bank under the Banking Act and includes affiliates or subsidiaries of NCBA Bank Uganda Limited, as may from time to time be specified by NCBA Bank Uganda Limited to you.

2.5. “Currency Equivalent” means the Ugandan shillings equivalent of the corresponding E-Value amount.

2.6. “Customer” means any Applicant or any person who has registered to use the Service and has accepted this Agreement.

2.7. “Customer Care Centre” means a customer care Centre designated for the Service in accordance with these terms and conditions.

2.8. “Event of Default” refers to any of the circumstances set out in Clause 10 below.

2.9. “E-Value” means the electronic value issued by MTN MoMo and transacted within the mobile money system and representing an entitlement to an equivalent amount of the cash monies.

2.10. “Equipment” includes your mobile phone handset, Mobile money enabled SIM Card and/or other equipment which when used together enables you to access the MTN Network.

2.11. “Facility” means any funds advanced to your MoMo Account to enable you to complete payments for the transactions and services provided under Clause 11 where your MOMO Account Balance has insufficient funds.

2.12. “Fees” means the Fees applicable for the Services as defined in Clause 17 and any other fees for the Facility as communicated by MTN (U) Limited, from time to time in accordance with this Agreement and includes any charges, and applicable taxes thereon under the laws of the country. Fees are subject to change at any time at the discretion of MTN (U) Limited and NCBA Uganda.

2.12.1 An Access Fee of 2.75% to be charged at draw-down;

2.12.2 Interest of 0.5% of the Facility to be charged on each day that the MoMo Advance is outstanding, for a maximum of 45 days.

2.13. “Government” means the Government of the Republic of Uganda or any other Government lawfully established under the laws of Uganda.

2.14. “Know Your Customer” also known as KYC refers to the customer due diligence obligations prescribed by relevant laws and as may be prescribed or recommended by the Government or Bank of Uganda from time to time;

2.15. “MOMO” means the money transfer and payment service that is managed and operated exclusively by MTN in Uganda and licensed by the Bank of Uganda.

2.16. “MOMO Account” means your MOMO wallet registered in your name and through which you applied for the Services.

2.17. “MOMO Subscriber” means a person who has registered to use MOMO and accepted the MTN Uganda Mobile Money terms and conditions.

2.18. “MOMO Subscriber Credit Data” means data relating to your credit activity within the MOMO System.

2.19. “MOMO Subscriber Data” means a MOMO Subscriber’s name and any of such subscriber’s national identity card number, military card number, diplomatic identity card number, alien card number, passport number or driving license number, and any other information required for the provision of the MoMo Advance service, as reflected in MTN’s records from time to time.

2.20. “MOMO System” means the technical platform for the time being providing the MOMO service.

2.21. “MoKash” means the MoKash Savings and Loans service offered by NCBA in partnership with MTN

2.22. “MoKash Subscriber Data” means a MoKash subscriber’s Name, Date of Birth, Residence and any of such subscriber’s national identity card number, military card number, diplomatic identity card number, refugee card number, passport number or driving license number and other personal data.

2.23. “MoKash Subscriber Credit Data” means information relating to the use of a MoMo subscriber’s credit performance data on the MoKash Service.

2.24. “MSISDN” Mobile Subscriber Integrated Services Digital Network Number (Mobile Number).

2.25. “Network” means the mobile cellular network operated by MTN.

2.26. “Opt-in Function” means the proprietary menu option developed by MTN and available on USSD, App and other customer channels as made available to MOMO Subscribers to apply to MTN and NCBA to register for the Service

2.27. “Amount Due” refers to any Facility amount, Fees, Charges that remains unpaid after the Facility Period.

2.28. “Overdraft Limit” means the maximum Facility amount you are allowed on the Service as defined, established and communicated to you by us from time to time based on your credit score.

2.29. “Party” refers to You, NCBA or MTN singly.

2.30. “Parties” means You, NCBA and MTN jointly.

2.31. “PIN” means your personal identification number being the secret code used to access and operate your Equipment on the MOMO System including but not restricted to access and use of the Service.

2.32. “Recovery Expenses” include any costs incurred by us to recover Overdue Amounts.

2.33. “Repayment” means repayment of any amount due under the Service as defined in these Terms and Conditions including but not restricted to repayment of the Facility and Fees.

2.34. “Facility Term” means the period agreed for full Repayment of the Facility, being the earlier of full repayment of the Facility or thirty (30) calendar days from the date when the outstanding Facility was first granted. The Facility Term shall not be affected by any subsequent or further Request made within the Overdraw Limit until the Facility is paid back in full.

2.35. “Request” means a request or instruction received by us from you or purportedly from you through the Network and the System and upon which we are authorized to act.

2.36. “MTN” means MTN PLC, a public limited liability incorporated in Uganda under the Companies Act.

2.37. “MTN App” means the software application known as MTN App as published, updated and upgraded by MTN from time to time.

2.38. “Service” means the MOMO Account overdraw service which allows MOMO Subscribers to overdraw their MOMO Accounts in order to complete transactions in Accordance with this Agreement.

2.39. “SIM Card” means the subscriber identity module which when used together with other prescribed Equipment enables an MOMO Subscriber to use the MOMO Service.

2.40. “USSD” means Unstructured Supplementary Service Data, sometimes referred to as “Quick Codes” or “Feature Codes”, a communications protocol used by GSM cellular telephones to communicate with MTN computers.

2.41. USSD service provided by MTN.

2.42. “We,” “our,” and “us,” means both MTN and NCBA and includes our successors and assigns.

2.43. “You” or “your” means the Customer and includes the Customer’s personal representatives and assigns.

2.44. Words importing the singular meaning where the context so admits include the plural meaning and vice versa

3.1. Before opting-in or registering for the Service, you should carefully read and understand these terms and conditions as they govern the access, use and operation of the Service. These Terms and Conditions are available on https://www.mtn.co.ug and https://ug.ncbagroup.com . Where you are unable to read and understand these terms and conditions from an electronic device, you are requested to collect a printed version from an MTN Shop.

3.2. If you do not agree with these terms and conditions, please do not enter your Mobile Money PIN during the Opt-in Function.

3.3. You will be deemed to have read, understood and accepted these terms and conditions:

3.3.1. ” Upon entering your MoMo PIN on the Opt-in Opt-in Function requesting you to confirm that you have read, understood and agreed to abide by these terms and conditions; and or

3.3.2. by using or continuing to use and requesting for the Service.

3.4. By registering for the Service, you agree to comply with and be bound by these terms and conditions as amended and revised from time to time and you affirm that these terms and conditions are without prejudice to any other rights that we may have in law or otherwise regarding your registration, access and use of the Service.

3.5. We may from time to time vary or amend these terms and conditions and your continued access and use of the Service constitutes your acceptance to be bound by the terms of any such amendment or variation.

By opting into the Service, you confirm that you are at least eighteen (18) years old and a registered and active MTN Subscriber for at least six (6) months immediately preceding the date of your application to register for the Service.

We confirm that you are now a customer of NCBA.

We reserve the right to verify the authenticity and status of your MOMO Account and transactions and may decline your application if we are not satisfied that you have met these minimum requirements.

4.1. You may register for the Service on only one MSISDN, and terms and conditions apply to the MOMO Account registered in your name.

4.2. You hereby agree and authorize us to exchange between MTN and NCBA any of your personal information held by us in respect of provision of any MTN or NCBA products and services including the MOMO Service. Such personal information includes but is not restricted to your phone number, name, date of birth, ID or Passport Number and such other information that will enable us to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”).

4.3. You also hereby agree and authorize us to use information relating to your use of the MOMO service and other MTN products as we shall require for purposes of delivering the Services (“MOMO Information”).

4.4. You may opt in to the Service solely by way of an electronic application made by you using your Equipment via the USSD or MTN App.

4.5. You hereby agree and authorize us to obtain and procure your Personal Information as held by NIRA and you further agree and consent to the disclosure and provision of such Personal Information held by the Government of Uganda to us.

4.6. You hereby further acknowledge and authorize us to verify your Personal Information in our custody against the information received from the Government of Uganda in your respect as
contained by NIRA.

4.7. We reserve the right to request further information from you pertaining to your application to register for the Service at any time. Failure to provide such information within the time we require may result in a decline of your application to register for the Service.

4.8. Our acceptance or decline of your application to register for the Service may be communicated through an SMS sent to your MTN registered mobile phone number (MSISDN) associated with your MOMO account and or Equipment. You acknowledge and accept that acceptance of your application to register for the Service creates a separate and distinct contractual relationship
between you, MTN and NCBA outside the terms and conditions that apply to your MoMo Account from time to time.

4.9. We reserve the right to decline your application to register for the Service; or, subject to 30 days’ notice or such other notice as may be required by law, to revoke your registration on the Service.
Where we decline your application to register or revoke your registration we shall endeavor to formally communicate to you our reasons for the same.

5.1. You hereby irrevocably authorize us to act on all requests received by us using your MOMO PIN and to hold you liable in respect thereof. We may nevertheless refuse to carry out any requests beyond the scope of the Service as offered from time to time.

5.2. We shall be deemed to have acted properly and to have fully performed all our obligations upon our compliance with the Request. We may ask for further information or confirmation (whether written or otherwise) from you before complying with a Request but shall not be obliged to comply with a Request in the absence of such further information or confirmation.

5.3. We shall decline any Request for a Facility under the Service if you exhaust your Overdraw Limit or MOMO transactional limit (as communicated by MTN) and reserve the right to partly decline your Request if fully complying with the same would cause you to exceed the Overdraw Limit or MOMO transactional limit. In deciding whether to offer you the Service, we shall take account of any outstanding Facilities plus Fees on your MOMO Account in accordance with these terms and conditions or the terms and Conditions relating to the MOMO Service. We shall not be obliged to take account of regular credits or any amounts
received after declining such Request.

5.4. You can only cancel a Request by Requesting cancellation through the USSD application or using the My MTN APP. Cancellation will however only be allowed where your Request has not yet been acted upon by us. If we are able to cancel your Request you may be charged for such cancellation.

5.5. You hereby authorize us to effect such orders and act on such instructions in respect of your MOMO Account as may be required by the Government or any court order or by a competent authority or agency under the applicable laws

6.1. Upon opting into the Service, you will receive a confirmation message bearing your Overdraw Limit.

6.2. If you are not allocated an Overdraw Limit, you must continue to transact on MOMO in order to build a transaction history and enhance your credit score in order to be eligible for an Overdraw Limit.

6.3. By accepting these Terms and Conditions, you agree and admit that we reserve the exclusive right to set the Overdraw Limit.

6.4. You may check your Overdraw Limit using the appropriate menu option provided on your Equipment through MTN USSD or MTN App.

6.5. You acknowledge that any Facility granted to you will result in an overdraft on your MOMO Account up to the equivalent of the value of the Facility and Fees applicable to the Facility. The Fees will be added onto the Facility and deducted from your MOMO Account. The Fees will include any applicable taxes, levies and excise duties applicable under the law.

6.6. Your Request for a Facility will be appraised according to our Facility appraisal procedures. We reserve the right at our sole discretion and, without assigning any reason, to approve or decline such Request. Communication of our acceptance or decline of your Request will be via SMS sent to your MTN mobile phone number (MSISDN) and or Equipment.

6.7. Any Facility granted must be repaid in full within thirty (30) days from the date when the Facility was first granted (the first draw down date). You will not qualify for any new or additional Facility where any facility remains outstanding beyond the thirty (30) days or are in default of any of the Terms and Conditions of the Facility including these terms and Conditions.

6.8. You may Request for the Facility multiple times within the Facility Term subject to the Overdraw Limit.

7.1. We may from time to time prescribe the minimum and maximum Facility you may be able to Request on the Service. Such limits will be communicated through SMS, our website, www.mtn.co.ug or may obtained from any MTN Shop.

7.2. The Overdraw Limit is subject to review from time to time and we reserve the right to vary your Overdraw Limit without giving any reasons. We shall notify you of any variation to the Overdraw Limit and your continued use of the Service will constitute acceptance of your revised Overdraw Limit.

7.3. Where you have any outstanding Facility for more than thirty (30) days, your right to use the Service and any un-utilised Overdraw limit will be suspended forthwith.

Your Overdraw Limit and our continued approval of your Requests for a Facility will be determined by your credit score. Your credit score will be assessed based on various matters including the information obtained from your use of various MTN Services, MoKash service and repayment history on your existing Overdraft Limit.

9.1. Provided that no event of default (as outlined in this Agreement) has occurred it is agreed that the Facility shall be available on an ongoing/continuous basis for a period of thirty (30) days from the first date of the utilization of the Facility (The Facility Term).

9.2. After the expiry of the Facility Term, We reserve the sole discretion to renew or extend the Facility Term. Subject to our periodic review of your limit as set out in Clause 7, you acknowledge that the renewal or extension will be under the existing terms and conditions. You will be notified of each instance of renewal or extension of the Facility Term.

9.3. You irrevocably instruct us to automatically recover the Facility in full together with Fees from the appropriate MOMO Account. You acknowledge that, in order to effect these instructions, MTN shall automatically debit the amounts due from the credits deposited or received into your MOMO Account at any time until the Facility is cleared in full.

9.4. We may terminate our relationship with you and suspend your access to the Service if you fail to repay the Facility in full together with any outstanding Fees within the Facility Term.

9.5. Any funds available in your MOMO Account shall be  applied towards Repayment of the amount due in the following order of priority:

9.5.1. First in repayment of all Fees.

9.5.2. Secondly towards repayment of the Facility.

An event of default occurs:

10.1. Where any Facility is due and unpaid for thirty (30) days or more, or

10.2. Where you have exceeded your Overdraw Limit; or

10.3. If any representations or statements or particulars made by you are found to be incorrect; or

10.4. If you commit any breach or fail to observe, keep or perform any of the terms, conditions, covenants, or provisions of any other agreement between us and yourself in respect of the Facility; or

10.5. if there is reasonable apprehension that you are unable to pay your debts or we receive any notice that you have admitted any inability to pay your debts as they become due; or

10.6. if you are convicted under any criminal law in force related to the use of the services or any other related services; or

10.7. If any judgment or decree in any legal proceedings is passed against you which is not satisfied within seven (7) days of demand, or

10.8. If a Garnishee or Attachment Order or a lien created against any of your deposits with us or assets maintained by you is made.

11.1. At any time after an Event of Default has occurred which is continuing, we may, without prejudice to any other right or remedy granted to us under any law:

11.1.1. terminate the Services in accordance with clause 23 below;

11.1.2. declare that the Facility (inclusive all fees and charges) and all other amounts outstanding under these Terms and Conditions is immediately due and payable, whereupon you shall be required to settle the Facility with immediate effect; and

11.1.3. hold any of your funds standing in credit with NCBA , as collateral and security for any amounts outstanding and due from you in respect of the Facility or Service. You hereby agree and confirm that NCBA is entitled in its discretion to prevent or restrict you from withdrawing in whole or in part the funds in your Accounts for so long as and to the extent of the amount
outstanding in respect of your Loan without NCBA giving any notice to you and/or without incurring any liability to you whatsoever in that connection.

11.1.4. have a right of lien and set off over funds held by you in any of your Accounts with NCBA. NCBA may, without notice, set off against any amount due from any other account whether current, loan, savings, mobile savings or loans, or any other type of account.

11.1.5. submit information concerning the Event of Default to Credit Reference Bureaus as required under the Financial Institutions Act, 2004 (as amended) or any other regulatory body.

11.1.6. take reasonable measures including engaging an independent debt-collection agency, to recover the amount in default.

12.1. You may only utilize your Facility to complete the following transactions on MOMO via USSD or MTN APP or other authorized MTN Customer channels (hereinafter “Permitted Transactions”) to the extent that funds available on your MOMO Account would otherwise be inadequate to complete payment for the Permitted Transaction:

12.1.1. to send money to registered and unregistered MOMO customers;

12.1.2. To make payments via Bill Payments and “MoMoPay” transactions. We may from time to time add or withdraw the Permitted Transactions. Your Facility will be applied strictly for completion of Permitted Transactions.

12.2. You accept that completion of the Permitted Transactions and all matters arising from or related to the completion of the Permitted Transactions shall be strictly governed by the terms and conditions for the MOMO Service.

12.3. We reserve the right to vary the Fees payable thereon from time to time having regard to the prevailing rules and regulations and our policies provided that increase of fees and charges will be effected thirty days (30) days after issuance of a notice of the intended increment.

13.1. You acknowledge and accept that we shall have a general lien over (right to retain) all your property in our possession. Such property and assets include but are not restricted to cash, goods, securities, or valuables deposited for safe custody as security, cheques presented, bills and any other movable or immovable property charged to secure repayment of any money, whether or not that money has been repaid, and also overall property in respect of which, by the applicable law, we have a lien. Property held under lien in these terms and conditions shall be deemed to be held as security for the Facility, up to an amount equivalent to the aggregate of the outstanding principal on your Facility and the Recovery Expenses.

13.2. You hereby also constitute us as your attorney for the purposes of completing and perfecting any transactions in relation to your MOMO Account or any other of your property held by us in lien for purposes of discharging your Facility, including the Recovery Expenses and unpaid Fees (“Outstanding Amounts”).

13.3. A notice running from the date of issuance of the same to you shall be issued to advise you of our intention to realize sufficient amounts of your property held in possessory lien to settle any
Outstanding Amounts. Any Repayment received after the lapse of the notice will be accepted strictly on account and without prejudice to our rights.

13.4. You agree not to terminate or cancel the registration of your MTN mobile phone number (MSISDN) whilst you have any Outstanding Amounts.

14.1. We shall from time to time, through MTN and at your request, provide you with statement(s) or activity report(s) in respect of your MOMO Account on your Equipment through USSD or MTN App (“the Mini Statement”). You may also from time to time request MTN for statement(s) or activity reports in respect of your MoMo Advance through the same channels.

14.2. The Mini Statement will provide details of your last four (4) transactions on the Service or such other number of transactions as we may determine.

14.3. The Mini Statement will not be sent to you in printed form but will be delivered to you either by SMS to the MTN mobile phone number (MSISDN) associated with your MOMO Account or such other electronic means as we may determine. You shall be responsible for the payment of any charges associated with delivery of the Mini Statement to you.

14.4. You may obtain your full statement or the Mini Statement in printed form from your nearest MTN Shop. You shall be responsible for payment of any charges payable for such printed statements.

14.5. The full statement will show all transactions carried out on your MOMO Account during the period requested and or since the previous statement. The Mini Statement will display your last 4 MoMo Advance transactions or such other number of transactions as we may determine.

14.6. You must check your statement carefully and inform us as soon as possible, of any errors or anomalies or transactions not made in accordance with your instructions.

14.7. You will be deemed to have accepted all entries in your Statement if you do not raise queries or objections on the entries therein within fifteen (15) calendar days from the statement date.

14.8. Save for a manifest error, the full statement and or Mini Statement issued to you aforesaid in respect of your MOMO Account shall be conclusive evidence of the transactions carried out on your MOMO Account
for the period covered in the Mini Statement and or
full statement.
14.9. We reserve the right to rectify discrepancies, add
and or alter the entries in your full statements or Mini
Statement, without prior notice to you. We will
however inform you of any rectification, additions
and or alterations effected on your statements within
seven (7) days after the changes are effected.
14.10. You will be notified of all transactions on your
MoMo account by way of SMS.

15.1. If you lose your Equipment or you for any reason believe that your PIN may have been accessed by an unauthorized person, you shall immediately notify the MTN Customer Care Centre for assistance.

15.2. Until and unless we receive your notice of loss or unauthorized access of the PIN as above we shall remain authorized to accept any Requests on your MOMO Account using your PIN.

15.3. You shall give us and any person acting on our behalf all necessary assistance in any investigations, all information as to the circumstances of the loss or possible misuse of your Equipment or PIN in order to enable us to take all reasonable steps to mitigate the loss incurred or likely to be incurred as a result of the loss of the equipment or misuse or unauthorized access to your PIN.

15.4. You consent to the disclosure by us to third parties of such information as is relevant concerning your MOMO Account in connection with such loss of your Equipment or possible misuse or unauthorized access of your PIN.

16.1. Complaints shall be made by calling 100, which is for MOMO support. Alternatively, you can visit any MTN Service Center.

16.2. We will take all reasonable measures within our means to resolve your complaints in accordance with the MOMO Service User Terms and Conditions. We will handle all complaints in accordance with our complaints handling procedures, which are available on request from any MTN Shop or the MTN Customer Care Centre. Where a notification regarding your complaint or any other matter is expected from us but not received, you are entitled to follow up on the complaint within a reasonable time after the non-receipt of such notification.

17.1. You are responsible for the payment of all applicable fees for the use of the Service. The Fees payable under this Service will be published in information pamphlets, daily newspapers, cash
merchant outlets, and on the NCBA and MTN websites. MTN’s Customer Care team will be on hand to assist you with the Fee schedule if you are uncertain about the applicable Fee.

17.2. All Fees are deducted at source and are subject to change at any time at our sole discretion.

17.3. Fees payable under the facility will be deducted from your MOMO Account. You shall pay to us and hereby accept that we are entitled to deduct from your MOMO Account (without  reference to you):
17.3.1. any Transaction Fees payable in respect of the Services;
17.3.1.1. An Access Fee of 2.75% to be charged at drawdown; and
17.3.1.2. Interest of 0.5% of the Facility to be charged on each day that the MoMo Advance is outstanding, to a maximum of 45 days;

17.3.2. any legal charges including advocate and client costs incurred by us in obtaining legal advice in connection with the Service and your dealings with us or incurred by us in any legal, arbitration, or other proceedings arising out of any dealings in respect to the Service and all other fees, expenses and taxes, duties, impositions, and expenses incurred in complying with your Requests.

17.4. Except as may otherwise be notified, fees are inclusive of all applicable taxes including Value Added Tax at the prevailing rate. You hereby agree to pay all Transaction Fees

17.5. You hereby agree to pay costs charges and expenses incurred by us in obtaining or attempting to obtain payment of any Facility owed under your MOMO Account.

17.6. We shall, at the time when you make any Request on the Service notify you of the applicable Fees in order to afford you an opportunity to confirm your knowledge and acceptance of them.

17.7. We shall provide a detailed breakdown of the fees incurred in the full statement and Mini statement. Please visit your nearest MTN Shop for a copy of the complete guide on our tariffs. The tariffs are also available on our websites at https://www.mtn.co.ug or .https://ug.ncbagroup.com.

17.8. Fees relating to your use of the MOMO Advance Service shall be strictly in accordance with the prevailing terms and conditions for the MOMO Advance Service.

All Repayments are inclusive of any taxes payable by you.

You hereby irrevocably grant us permission to revise the Fees upon any changes to taxes applicable.

19.1. You hereby expressly consent and authorize us to disclose, receive record or utilize your personal information or information or data relating to your MTN Mobile Account with respect to the Facilities granted under the Service and any details of your use of the Services:

19.1.1. to and from our service providers, dealers, agents or any other company that may be or become our affiliate or subsidiary or holding company for reasonable commercial purposes relating to the Services;

19.1.2. to a licensed Credit Reference Bureau;

19.1.3. to independent debt-collection agencies;

19.1.4. to our lawyers, auditors, or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings to the extent required during the normal course of their duties;

19.1.5. to comply with any law, regulation, or court order.

19.1.6. for reasonable commercial purposes connected to your use of the Services, such as marketing and research-related activities; and

19.1.7. in business practices including but not limited to quality control, training, and ensuring effective systems operation.

19.1.8. In instances where you authorize us to disclose information

19.2. You authorize us to disclose any information relating to your MOMO Account to any local, foreign or international law enforcement or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud or to any other institution or third party as required by the laws of any country we deem necessary.

19.3. You authorize us to disclose, respond, advise exchange and communicate the details or information pertaining to your MOMO Account and or your Facility to third parties involved in the administration of your MOMO Account and Facilities, underwriting of insurance policies, updating of databases, or provision of user support.

19.4. You shall notify your nearest MTN Shop in writing of any changes to your Personal Information or update the same through the Equipment on USSD or MTN App 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 Service.

20.1. You shall at your own expense provide and maintain in safe and efficient operating order such Equipment necessary for the purpose of accessing the Services. You shall be responsible for ensuring the proper performance of your Equipment.
We shall neither be responsible for any errors or failures caused by any malfunction of your Equipment and nor shall we be responsible for any computer virus or related problems that may be associated with your access and use of the Services and Equipment.
You shall be responsible for charges due to any service provider providing you with connection to the Network and we shall not be responsible for losses or delays caused by any such service provider.

20.2. You shall follow all instructions, procedures, and these terms and conditions and any other documents we may provide you concerning access and use of the Services and Equipment.

20.3. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your PIN secret and secure. You shall ensure that your PIN does not become known or come into possession of any unauthorized person. We shall not be liable for any disclosure of your PIN to any third party and you hereby agree to indemnify and hold us harmless from any loss and damage we may incur as a result of your intentional, negligent, or reckless disclosure of the PIN.

20.4. You shall take all reasonable precautions to detect any unauthorized use of your Equipment, PIN, and or the Services and immediately notify us and MTN to enable us to take steps to protect your MOMO Account and MOMO Account respectively.

20.5. You shall immediately inform us through the Customer Care Centre in the event that:

20.5.1. You have reason to believe that your PIN is or may be known to any person not authorized to know the same and/or has been compromised; or

20.5.2. You have reason to believe that unauthorized use of the Service has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.

20.6. You shall at all times follow the security procedures we notify you from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your responsibility to keep Personal Information confidential. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized by you.

You acknowledge that the intellectual property rights in the Service (and any amendments, upgrades, or enhancements thereto from time to time) and all associated documentation that we provide to you are vested either in MTN or NCBA. You shall not infringe any such intellectual property rights.

You shall not duplicate, reproduce or in any way tamper with any documentation or functionality on the Equipment, USSD or MTN App without NCBA and MTN’s prior written consent.

22.1 You hereby expressly acknowledge and agree that pursuant to the Foreign Account Act (FATCA) enacted under the Laws of the United States of America (US), we may be required for US citizens or residents to disclose and report certain information concerning his/her/their account details to the relevant authorities including but not limited to the US Internal Revenue Service. Additionally, FATCA may require the Bank to deduct, withhold and remit such taxes or monies to the US authorities as may be directed by them from time to time.

22.2 You hereby expressly consent and authorize us to disclose, respond, advise, exchange and communicate the details or information pertaining to the Customer’s account(s) to the US Authorities and to deduct, withhold and remit such monies or taxes as may be directed by the US authorities to enable us fulfil our obligations under FATCA and other enabling US statutes.

20.3 You hereby irrevocably release and fully discharge us, our directors, officers, employees, servants, agents and related parties from any and all claims, liabilities, damages, loss or expense arising from our disclosing and reporting any such information concerning your account(s) to the US authorities and/or deducting, withholding or remitting any monies to the US Authorities.

a. In consideration of NCBA and MTN complying with your instructions or Requests in relation to the MOMO Account, you undertake to indemnify us and hold us harmless against any loss, charge, damage, expense, fee, or claim which we may suffer or incur or sustain thereby and you absolve us from all liability for loss or damage which you may sustain from us acting on your instructions or requests or in accordance with these Terms and Conditions.

b. The indemnity in clause 21.1 shall also cover All demands, claims, actions, losses, and damages of whatever nature which may be brought against any of us or which we may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond our control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by us.

c. The Indemnity in Clause 23.c shall also cover any loss or damage that may arise from your use, misuse, abuse, or possession of any third-party software, including without limitation, any operating system, browser software, or any other software packages or programs, any unauthorized access to your MOMO Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment, any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by us as a consequence of any breach by these Terms and Conditions by you.

24.1. We may at any time, upon notice to you, terminate or vary our business relationship with you and suspend or discontinue your registration and or access to the Service:

24.1.1. if you use the Service or Facility for unauthorized purposes or where we detect any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

24.1.2. if your MOMO Account or agreement with MTN is terminated for whatever reason;

24.1.3. if we are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority to that effect or necessitating it;

24.1.4. if we reasonably suspect or believe that you are in breach of these terms and conditions (including non- payment of any amount due from you where applicable);

24.1.5. where such a suspension or variation is necessary as a consequence of technical problems or for reasons of your safety or public access;

24.1.6. to facilitate update or upgrade the contents or functionality of the Services from time to time;

24.1.7. where your MOMO Account becomes inactive or dormant or is deemed abandoned in line with the Financial Institutions Act, 2004;

24.1.8. if we decide to suspend or cease provision of the Services for commercial reasons or for any other reason as we may determine.

24.2. You may cancel registration for the Service at any time through your Equipment or at your nearest MTN Shop. You may however not cancel registration if you have an outstanding and unpaid Facility, Overdue Amount or unpaid Fees.

24.3. Termination shall not affect any accrued rights and liabilities of either party and, in particular, shall not affect your obligations to meet any liabilities incurred prior to such termination.

In the event of any breach of these terms and conditions, we may in circumstances where you fail to comply or fail to procure compliance with the terms of a notice consequently served on you, require immediate repayment in full of the Facility and/or forthwith terminate the contractual relationship with you without any consequential liability to you or any other person.

26.1. You may contact the MTN Customer Care Center to report any disputes, claims, or discrepancies in your MOMO Account.

26.2. Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties. Such arbitration shall be conducted in the English language in Kampala in accordance with the Rules of Arbitration and subject to and in accordance with the provisions of the Arbitration and Conciliation Act, Cap 4, Laws of Uganda.

26.3. To the extent permissible by law, the determination of the Arbitrator shall be final, conclusive, and binding upon the parties hereto.

26.4. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Uganda.

On your death or bankruptcy, your obligations shall remain in full force and effect until such a time as they shall be duly satisfied.

Without prejudice to any other clause in these terms and conditions, all notices concerning the Service may be sent via SMS to the MTN mobile phone number (MSISDN) associated with your MOMO Account and shall be deemed received if we do not receive a delivery failure notice.

29.1. These terms and conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal representatives and successors.

29.2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.

29.3. We may vary or amend these terms and conditions and MoMo Advance tariffs at any time and without consultation to you provided that the NCBA and MTN shall upon reasonable notice, inform you of any such variations or amendments in advance of their intended commencement date and such notice and particulars of the variations including the amended version of these terms and conditions shall be published on the NCBA and MTN websites and may, additionally, be published in posters or pamphlets and availed at MTN’s Agents outlets, NCBA Agents and branches or in the daily newspapers or by any other means as we may determine.

29.4. No failure or delay by either yourself or on our part in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or another exercise thereof or the exercise of any other right or remedy.

29.5. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

29.6. If any provision of these terms and conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.

29.7. Any variations or amendments to these terms and conditions shall be binding upon you as fully as if the same were contained in these terms and conditions.

29.8. Your contractual relationship with us is governed in all respects by the Laws of Uganda and the parties submit to the exclusive jurisdiction of the Uganda courts.

NCBA is regulated by Bank of Uganda.
MTN is regulated by Bank of Uganda for purposes of this Service, and by Uganda Communications Commission.

All MTN Customers are eligible to participate in the YOTV Promotion

The Promotion will run for a period of three months from 1st day of November 2021 to the 31st day of January 2022.

All MTN Customers who download the YOTV mobile application for the first time shall enjoy free subscription for a period of 30 days.

MTN will offer monthly rewards to MTN Customers who purchase any of the following offers:

MTN Customers will be selected and rewarded through an electronic randomized draw and announced on MTN Uganda’s official sites.

MTN will reward 5 MTN Staff members and 30 Customers every month with shopping vouchers and SWAG items throughout the Promotion period.

MTN Staff members who subscribe to the YOTV mobile application for a period of 30 days stand to win 300 Senkyu points.

Information regarding the Promotion that is published on authorized advertising material will also form part of the terms and conditions of the Promotion.

By participating in the Promotion, you agree that any personal information provided by you for the Promotion entry and subsequently for the purpose of claiming the prize (if applicable) may be held, used, and retained by MTN to administer the Promotion.

An MTN Customer’s personal data relating to the Promotion will be used solely in accordance with the Data Protection and Privacy Act 2019.

An MTN Customer’s personal data may be passed on to third-party fulfilment service providers/contractors for the purposes of administering and arranging the prize including Know Your Customer and anti-money laundering checks with third-party providers and/or for any other legal and/or regulatory reasons.

MTN may in their sole discretion amend these terms and conditions at any time, without notice.

MTN’s decision is final, and no correspondence will be entered whatsoever.

If for any reason any aspect of this Promotion is not capable of running as planned because of depletion of planned budgeted amount, infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of MTN which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this competition, MTN in its sole discretion may cancel, terminate, modify, or suspend the Promotion.

MTN will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury, or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

This Promotion can be run in conjunction with any other promotions.

The following terms and conditions apply to the MTN WakaNet PRO (” the Service”).

By requesting for and activating this service, you will be deemed to have read, understood, and accepted these terms and conditions:

1. This service is a fixed Home Internet solution that uses fiber-optic cable provided by MTN. The fiber optic cable ensures a reliable high-speed internet connection with no cap on data volume to meet your home entertainment, education, surveillance, and home office needs.
2. The Internet will be available to the customer within his/her premises/home.

1. This Service is open to all customers in the areas or locations that have the MTN Home fiber infrastructure ready as indicated on the MyMTN app when requesting for the service, and who request for the service through the MyMTN app.
2. The Service is designed for home use and therefore for customers intending to use Internet services at home.

1. Signing up for the Service is done via the MyMTN app. Once you log onto the app, go to Buy, select WakaNet PRO, then follow the prompts to request for the service. Ensure that:
   (1) You sign up while at the home location where the service is to be installed,(2) Your phone is set to allow Location Access for the app or that GPS is on,

   (3) You have switched off any VPN services; so that the app can capture the right location coordinates as you sign up.

   You can download the MyMTN app from the Google Play store or the App Store or go to https://mtn1app.mtn.co.ug on your phone.

2. The number that is logged into the app at the time of requesting for the service becomes the number to which the Service is linked, such that the Service is registered in the names of the customer to whom the number is registered. The number must therefore be a fully registered MTN mobile number. This number can also be seen in the initial Service Activation email you receive when the service is first activated.
3. After you request for the service, we carry out further checks to confirm we can deliver the service to your specified address. These checks include a physical survey to determine the optimal route for laying the fiber optic cable. Once this is confirmed, you are prompted to pay for the Service using Mobile Money via the MyMTN app. The Mobile Money wallet used will be the wallet for the number that is logged into the app.
4. After payment is made, we make an appointment to install the service. We try to limit this entire process to 14 days. However, any delays in scheduling appointments, making payment as well as negotiations or engagements in determining the route for the fiber optic cable may make the entire process longer.
5. As part of the installation process, we provide you with a Wi-Fi router to enable you to access the Wi-Fi network within your home. We set up the Wi-Fi network and configure the username and password which you require to access the Service.
6. Should you require any support once the Service is activated, our Customer Support team can be reached 24/7 using any of the options below:

Call: 0771001000

WhatsApp: 0772123100

1. You can choose from any of the following packages:
   

   Packages	Speeds	Price (UGX)
   WakaNet PRO Standard	Up to 20Mbps	195,000
   WakaNet PRO Premium	Up to 40Mbps	295,000

2. Payment for the Service is every thirty (30) days in advance. If you do not pay on time, the service is suspended and only reactivated when you make your monthly payment.
3. Advance payment or subscription renewal is done on the MyMTN app.
4. MTN may in its sole discretion amend fees charged from time to time and the amendments thereto shall take effect as communicated by MTN.

1. To ensure that all customers can enjoy an optimum service, the Service is subject to a Fair Usage Policy as outlined below:
   • Maximum available speeds in the daytime are 12Mbps and 24Mbps on the Standard and Premium packages respectively,
   • Maximum available speeds in the evening and on weekends are 20Mbps and 40Mbps on the Standard and Premium packages respectively,
   • Peer-to-peer applications such as torrent applications are limited to 1Mbps on the Standard package and 2Mbps on the Premium package, and
   • Gaming applications are limited to 6Mbps on the Premium package.
2. The indicated speeds are what is available on your WakaNet PRO connection, and not for every device that is connected to the Wi-Fi network supported by your connection.

1. For purposes of accessing the Service, MTN provides you with Customer Premise Equipment (Fiber Cables, faceplate, Wi-Fi router) to assure compatibility of its Network and Services. You must not in any way interfere with, alter, or modify the Customer Premises Equipment or any embedded software supplied as part of the Customer Premises Equipment nor allow anyone (other than a duly authorized MTN representative or sub-contractor) to do so.
2. You acknowledge and agree that the Customer Premise Equipment shall at all times belong to and remain the property of MTN throughout the duration of this Service and that upon the termination of the Service, MTN shall, at its discretion, recover from your premises all of the said Customer Premises Equipment.
3. You agree to be fully responsible for good care of the Customer Premise Equipment for the duration of the Service and to immediately notify MTN of any damage or loss to the same. You also agree to cooperate in the removal and recovery of the equipment by a duly authorized MTN representative or sub-contractor upon the termination of the Service, including allowing MTN access, without delay, to your premises to uninstall and recover the equipment.
4. You are responsible for the care and safety of the Customer Premises Equipment and you must not add to, modify, reverse engineer, decompile or in any way interfere with the Customer Premises Equipment or any embedded software supplied as part of the Customer Premises Equipment nor allow anyone (other than a duly authorized MTN representative) to do so.
5. Any devices or Customer Equipment connected to the Customer Premises Equipment or otherwise used to access the Services must be technically compatible with the Customer Premises Equipment and the Service and shall be connected and used in accordance with such reasonable instructions, safety, and security procedures as may be advised by MTN at the time of installation.
6. You shall be liable to MTN for any loss of or damage to the Customer Premises Equipment, except where such loss or damage is due to fair wear and tear or is caused by MTN, or anyone acting on MTN’s instructions.
7. MTN accepts no liability for any loss suffered by you or any third party as a result of the misuse of the Customer Premises Equipment or for any accidental damage.
8. Without prejudice, MTN shall only be responsible for the replacement of the Equipment in the case of manufacturer’s defects covered by Warranty. MTN shall use reasonable endeavors to extend to you the benefit of any warranty as may be provided to MTN (subject to any limitations and restrictions thereon) by the manufacturers of such Equipment, provided that any expense reasonably incurred by MTN in extending such benefit shall be payable by you.
9. You shall immediately notify MTN of any fault, damage, loss, or theft of any Customer Premise Equipment and shall be responsible for its replacement costs at the prevailing retail costs of the equipment. Such replaced Customer Premise Equipment shall remain the property of MTN.
10. Save for the above, all conditions or warranties in relation to any MTN Equipment including the Customer Premise Equipment are excluded to the fullest extent provided by law including but not limited to any warranties and conditions expressed or implied by statute. Any warranty in relation to the Customer Premise Equipment will be deemed null and void should any damage or failure be as a result of failure to protect the Equipment by use of appropriate uninterruptible power supply or power surge systems, or as a result of any misuse of or tampering or interference with any MTN Equipment.
11. You shall give possession to MTN or its duly authorized representatives of any MTN Equipment that you believe to be damaged, faulty or defective, together with all Equipment documentation that was supplied to you by MTN, within ten (10) business days of finding the fault or defect. For the purpose of this clause, business day means Monday to Friday between the hours of 0800 and 1700, excluding public holidays and weekends. MTN shall then expeditiously provide you with the available options to restore the Service, including replacing the defective equipment at your cost.
12. If the Services are terminated for whatever reason, you shall immediately notify MTN and initiate access to your premises for MTN or its duly authorized representatives or subcontractors for the purpose of uninstalling and recovery of the Customer Premise Equipment and any other MTN Equipment.

1. You may upgrade your service at any time by simply choosing a different package at the time of renewing your subscription. Once payment is made, the service will be activated on the new package. Note however that this change can only be made after your existing subscription has expired.

MTN may in its sole discretion suspend or vary the Services without liability to compensate you for any period during which:

1. MTN is required or requested to comply with an order or instruction of or on recommendation from the Government, court, regulator, or other competent authority;
2. you have not paid the Charges due;
3. such a suspension or variation is necessary to facilitate modifications to, or allow for planned maintenance of the Network provided that we give you reasonable notice of such suspension, termination, or variation;
4. MTN reasonably suspects or believes that you are in breach of the terms and conditions of this Agreement or any other terms and conditions referred to herein.

1. The Service may be terminated if:
   • We have reason to believe that the Service is being used in an unauthorized or illegal way or for criminal activities or we have been instructed to cease providing the Service by any licensing, law enforcement, or regulatory authority;
   • You contact us to request service termination.
2. In the event of termination of the Service before the expiry of an existing subscription, you will forfeit any days left to the expiry of the subscription.
3. Once you request for service termination, you will immediately grant MTN or its representatives or subcontractors’ access to your premises to uninstall and recover the Customer Premises Equipment and any other equipment belonging to MTN which permission will not be unreasonably withheld.

The obligation of each Party under these terms and conditions shall be suspended during the period to the extent that such Party is prevented or hindered from complying therewith by any cause beyond its reasonable control including but not limited to acts of God, war, civil commotion, industrial dispute, inability to secure materials, act or omission of carriers or suppliers, destruction of or technical challenges with the fiber or Customer Premises Equipment beyond our control or regulatory intervention. If such delay or failure continues for at least thirty (30) days then either Party may terminate the Service, upon expiry of the thirty (30) days, by notice in writing to the other. Upon such termination all amounts due to MTN from you shall immediately become due and payable.

1. MTN reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time. In any of these events, notice will be given via SMS notifications and terms will be updated on any of the media where these terms and conditions are displayed, including the MTN website, and on the MyMTN app. Any changes will be effective immediately or as of the date referred in such notifications.
2. These Terms and Conditions are available on the MTN website mtn.co.ug and on the MyMTN app under WakaNet PRO.

These terms and conditions govern your use of this website and your participation in the ‘Virtual Olympics Online Competition’.

By clicking on “I Accept”, you:

1. ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF THE COMPETITION AND ALL OBLIGATIONS AND RULES THAT ARE INCLUDED WITHIN EACH COMPETITION IN WHICH YOU PARTICIPATE (these terms and conditions of the competition are collectively referred to as the “Terms”) IN THEIR ENTIRELY;
2. AGREE TO BE BOUND BY THE TERMS;
3. ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS.

If you  do not wish to be bound by the Terms, do not click “I accept” and do not register for the Virtual Olympics Online Competition

The competition period (hereinafter referred to as the ‘Promotional Period’) is for1 six months from June 2021 to December 2021.

2.1.          To register and participate in the Virtual Olympics Online Competition, an individual must:

i. Be a natural person, aged 18 years old or older.

ii.    At all times comply with these terms

iii.    Be a citizen or resident of Uganda official residents and those legally working in Uganda.

2.2.          We may at any time require any User to provide proof of Eligibility and Identity to participate for the User to continue to access the Virtual Olympics Online Competition.

2.3.          Each User hereby acknowledges and accepts this condition of their participation as a measure to ensure the security of the Virtual Olympics Online Competition.

2.4.          Each User will be required to provide proof of eligibility and/or identification prior to receiving a prize.

2.5.          Failure to provide evidence of your eligibility and/or identification satisfactorily in our sole and absolute discretion, shall result in the suspension and/or termination of your participation and forfeiture of all prizes.

3.1.          To participate in the online games on the online www.mtn.gogames. run platform. A Player is required to pay for a premium game and play. The players that accumulate the most points across all the games will be rewarded.  

3.2.          Players must pay for a premium game which is UGX. 500 Daily, UGX 1000 Weekly, and 3000 Monthly to participate.

3.3.          Players can play all the games on the platform multiple times.

4.1.          MTN Staff members are NOT eligible to participate. 

4.2.          All participants with criminal records shall be automatically disqualified.

4.3.          Persons who use any illicit means, or otherwise seek advantage through manipulation, are likewise prohibited. If necessary, prizes may be subsequently forfeited and reclaimed in such cases.

4.4.          Anyone who provides false information about their identity or makes multiple entries in the competition is likewise excluded.

4.5.          MTN reserves the right to exclude persons from the competition and not to pay out prizes, or to subsequently forfeit and reclaim them, in the event of a violation of these Terms and Conditions.

I hereby warrant that I have not entered any commercial, sponsorship, or other partnership agreement or arrangement with any person, firm, or company in respect of my in the competition and will not do so.

The judging committee’s decisions are final regarding the outcome of the competition which is in the committee’s discretion.

I understand and acknowledge that participation in gaming involves some degree of risk of personal injury. I warrant that I am medically sound, physically fit, and have sufficiently prepared or trained for participation in the gaming competition. I agree to abide by and follow the rules and regulations established for participation in this Virtual Olympics Online Competition.

8.1. I hereby indemnify and hold harmless MTN, its officials, agents, volunteers, and employees against any liability, injury, a loss that I may incur as a result of participating in any and all activities connected with or associated with the Virtual Olympics Online competition.

8.2. I agree to indemnify and hold MTN, its affiliated entities, and their respective employees, officers, agents, licensees, and assigns, harmless from any claim and/or liability arising from my failure to obtain the permissions and grant of authority described in these terms and conditions including all claims for infringement of copyright or any form of intellectual property.

8.3. I further agree to indemnify MTN, its affiliated entities, and their respective employees, officers, directors, agents, licensees, and assigns harmless from all liability howsoever arising including oversight, negligence, or willful misconduct.

9.1. MTN reserves the right to cancel or terminate the online competition at any time without prior notice and without the need to indicate the grounds.

9.2. MTN may avail itself of this option should the proper conduct of the competition not be assured owing to technical causes (e.g., viruses in the computer system, manipulation, or errors in the hardware and/or software) or legal reasons.

9.3. MTN may demand that a participant pay compensation for any damages incurred if any such termination is caused by the conduct of a participant.

10.1. MTN collects, processes, uses, and stores participant data provided during registration for the duration of the competition for purposes of conducting and completing the competition.

10.2. All personal data from participants is processed and used by the MTN Organiser in accordance with applicable laws and regulations.

I grant full authority, copyright and other proprietary rights `of all my recordings (audio, visual and photos) under this competition to be used by MTN UGANDA LIMITED.

12.1.      MTN reserve the right to choose who takes part in the competition based on the online application submissions on this platform.

12.2.      By Participating in the Virtual Olympics Online competition, you further grant and assign to MTN an irrevocable, perpetual, royalty-free, transferable license to use your personal data for Media, PR, and any other communication-related activities.

12.3.      You also acknowledge that MTN shall be the only brand with the right to use your data for Media, PR, and other communication-related activities.

12.4.      By entering this competition, you agree and consent to MTN’s collection, use, and retention of the personal information that you provide to MTN for all purposes related to this competition (including, but not limited to, processing and administering entries, sharing an entrant’s personal information with MTN’s service providers and contractors as necessary to conduct and operate the Competition, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing this competition

12.5.      You also acknowledge that your information may be subject to the privacy policies of third parties and understand that the use of your data by any such third party is subject to the applicable privacy policy and that MTN is not responsible for such use.

Each participant is free to request the deletion of their registration details by sending notice of withdrawal to ___

MTN shall be released from all obligations upon fulfillment or distribution of the prize unless an earlier point in time has been specified by these provisions.

15.1. The Competition will be cancelled where it is void in whole, or in part prohibited by Law.

15.2. MTN is not responsible for any entry that is incomplete or incorrect, or for any failures, errors, or delays with respect to submission of any entry.

15.3. Any attempt by you to deliberately interfere with or manipulate the competition may be a violation of criminal and/or civil law and may result, among other things, in disqualification from the competition.

15.4. MTN reserves the right, without prior notice and at any time, to terminate or suspend the competition, in whole or in part, or to modify the competition, should any factor (including but not limited to fraud or copyright infringement) interfere with the competition as contemplated by these terms and conditions or if MTN believes that the competition has been or will be compromised in any way.

15.5. Ugandan Law shall govern this competition and any litigation of a dispute arising out of, or in connection with the competition shall be subject to the sole and exclusive jurisdiction of Ugandan courts.

15.6. By participating, you irrevocably submit to the sole and exclusive jurisdiction of such courts for such purpose and waive any objection in connection with the same.

These are the terms and conditions upon which you may use the MOBILE MONEY Services (as defined herein) provided by MTN Mobile Money (U) Limited (MTN MoMo) (“Conditions of Use”) the acceptance of which constitutes a binding contract between yourself and MTN MoMo (as the Trustee), wherein MTN MoMo as trustee holds monies received from you on trust to your order.

When you register as a MOBILE MONEY Customer by signing the Registration Form annexed hereto you agree to abide by these Conditions of Use.

You, therefore, need to read and fully understand these Conditions of Use and if you do not agree with them, you must not proceed to register for and/or use the MOBILE MONEY Services.

The following definitions relate to these Conditions of Use:

“Account” means your MOBILE MONEY Account, being the record maintained by us of the amount of Mobile Money from time to time held by you and represented by an equivalent amount of cash held by the Trustee on your behalf.

“Agent(s)” means the person(s) registered by MTN MoMo to provide MOBILE MONEY Services, details of which may be obtained from MTN MoMo’s Head Office.

“Agreement” means these Conditions of Use together with the Registration Form. “Charges” means the Tariffs and other charges payable under this Agreement for the MOBILE MONEY Services.

“Conditions of Use” means these terms and conditions as may be varied by us from time to time.

“Credit Balance” means the amount of Mobile-Money from time to time standing to the credit of your Account.

“Credit Transaction” means any transaction which results in your Account being credited with Mobile Money as verified by MTN MOBILE MONEY;

“Customer” means you and every other person in whose name an Account for the MOBILE MONEY Services is registered.

“Customer Care Centre” means MTN MoMo Customer Care Centre situated at locations advertised, or any regional Customer Care Centre.

“Debit” means the movement of funds out of your Mobile Money Account.

“Debit Transaction” means any transaction which results in a Debit of Mobile Money from your Account as verified by MTN MOBILE MONEY and the Mobile Money System. “Designated Payee” means any person (including yourself, another customer, an Agent or an Authorized Retailer) who is designated by you by SMS, to be the recipient of Mobile Money from your Account.

“Mobile Money” means the electronic money issued by MTN MoMo and representing an entitlement to an equivalent amount of cash monies held by the Trustee in respect of the purchase of such electronic value;

“Goods and Services” means such goods and services as may be purchased from Authorised Retailers using the MTN MOBILE MONEY System.

“ID Number” means the number associated with the form of identification provided

“Mobile Equipment” means your Mobile Phone and SIM Card or other equipment which when used together allows access to MOBILE MONEY Services and, in each case, is approved for use within the Republic of Uganda by the relevant authority.

“Mobile Phone” means your mobile phone handset.

“MOBILE MONEY Retailer” means a seller of Goods and Services who accepts Mobile Money in payment for Goods and Services.

“MOBILE MONEY Services” means the services provided by MTN MoMo for the issue and redemption of Mobile Money and the transfer of Mobile between Customers on the basis of Transfer Instructions including the recording of all Transactions, verifying and confirming all Transactions concluded and updating Customer Account records.

“MOBILE MONEY System” or “MOBILE MONEY” means the proprietary cellular phone money transfer service which is marketed, managed and operated exclusively by MTN MoMo in the Republic of Uganda.

“MTN MOBILE MONEY Website” refers to the MOBILE MONEY section on the website address www.mtn.co.ug.

“MSIN” means the mobile station identification number issued to you with the SIM Card and corresponding identification number and PUK for accessing the MTN network

“Network” means the Global System for Mobile telecommunication (“GSM”) system operated by MTN and covering those areas within the Republic of Uganda as stipulated from time to time by us.

“Network Service Provider” means the provider of mobile phone services.

“Outlet Operator” means the assistant dealing with you at an Outlet.

“Outlet” means any shop, unit, or other retail premises operated by an Agent. “Payments” means money paid to an Agent, for the purchase of an equivalent amount of Mobile Money sums credited to your Account, any such monies thereafter being held by the Trustee on trust for you as specified herein.

“PIN” means your personal identification number being the secret code you choose to access and operate your account.

“Pre-paid Airtime” means mobile phone calling credit on MTN ’s Network.

“Registration Form” means the registration form containing registration details and acceptance of these Conditions of Use by you in the form annexed hereto;

“Secret Word” means the secret password allocated to you upon activation of your MOBILE MONEY Account by keying in the Start Key.

“SIM Card” means the subscriber identity module which when used with the appropriate Mobile Equipment enables you to use the MOBILE MONEY Services.

“SMS” means a short message service consisting of a text message transmitted from one Mobile Phone to another.

“Start Key” means the one-time PIN sent to you on registration for the purpose of activating your Account.

“Tariffs” means actual charges for use of the MOBILE MONEY Services as published on the MTN Web-Site.

“Tariff Guide” means a catalog published for the Tariffs payable for the MOBILE MONEY Services, as updated from time to time.

“Transactions” means any of the transactions specified in Clause 8.

“Transfer Instructions” means instructions given via SMS for the transfer of Mobile Money from one Customer to another.

“Trustee” means MTN Mobile Money Uganda Limited which holds the aggregate of all Payments and sums equivalent to all transfers of Mobile Money into your MOBILE MONEY Account from other Customers in trust for you in the Trustee Account.

“Trustee Account” means the Bank Account maintained by the Trustee into which all Payments are made and held by the Trustee on behalf of Customers.

“User Manual” means a document describing the MOBILE MONEY System and its use.

“we” or “us” or “our” means MTN MoMo and (where applicable) MTN as the Trustee.

“you” or “your” means the Customer.

3.1 Any MTN MoMo customer may register for the MOBILE MONEY service provided they have an active MTN SIM.

3.2 You will be liable to pay your Mobile Phone Network Service provider for all network costs incurred using the MOBILE MONEY Service. You will also be liable to pay applicable Tariffs for your use of the MOBILE MONEY Services and such Tariffs may be deducted directly from your MOBILE MONEY Account.

3.3 You may register for MOBILE MONEY Services with any MOBILE MONEY Agent in the Republic of Uganda.

3.4 Upon registering as a Customer, you will be required to provide the following information for inclusion in the Registration Form to be signed by you:-

3.4.1 The identification number associated with the form of acceptable identification provided
3.4.2 Your full name
3.4.3 Your physical address
3.4.4 Your date of birth
3.4.5 Your Nationality
3.4.6 Your mobile number

3.5 All information provided must be complete and accurate in all respects.

3.6 We may decline your application at our sole discretion.

3.7 We may refuse to open an Account for you if we are not satisfied with proof of your identity.

3.10 Upon registration with MOBILE MONEY and input of Start Key, you will be allocated a Secret Word which must be kept secret at all times and which will be used to identify you as being the rightful Customer of your Account on raising enquires with the Customer Care Centre on the telephone. Upon activation of your Account by the input of the Start Key you will upon choosing a secret PIN, be entitled to use the MOBILE MONEY Services with immediate effect.

4.1 The MOBILE MONEY Services are made available to you subject to these Conditions of Use:-

4.1.1 Although we will try to ensure that you are able to make full use of the Network to access MOBILE MONEY Services within the coverage area, we do not guarantee that the MOBILE MONEY Services will be available at all times and we will not be responsible or liable for any loss whatsoever or howsoever arising as a consequence of any non-availability of the MOBILE MONEY Services. The MOBILE MONEY Services are not fault-free and factors including (but not limited to) acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the Network may interfere adversely with the quality and provision of the MOBILE MONEY Services.

4.1.2 In the event of damage to, loss, or theft of the SIM, you are obliged to inform us immediately of such damage, loss, or theft. We will then disable such damaged, lost or stolen SIM Card so as to prevent further use of the MOBILE MONEY Services until the same has been replaced. A replacement fee will be applicable and you will be responsible for all Charges and Transactions effected up to the time of receipt by us of your notification of the damage, loss, or theft. Notification of any such damage, loss, or theft may be given by telephoning the Customer Care Centre. You will be required to indemnify us against any claims made in respect of any Transactions affected with your Mobile Phone and SIM prior to such notification being received.

4.1.3 Please note that the confidentiality of your communications via our Network is not guaranteed.
You are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. We cannot accept any liability for any loss, injury, or damage whether direct or consequential arising out of any such compromise of confidentiality.

4.2 You accept that we may disclose or receive personal information or documents about you:-

4.2.1 to and from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection, or prosecution of criminal activities or fraud;

4.2.2 to facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement;

4.2.3. to our lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature).

4.3 You must comply with any instructions that we may give you from time to time about the MOBILE MONEY Services.

4.4 With the exception of calls made to our Customer Service Hotline numbers (which will be provided to you upon registration) and to other designated toll-free numbers, a minimum call charge may be levied in accordance with the applicable Tariff.

4.5 Your calls, emails, or SMS’s may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of unauthorized use of our telecommunications system, and detection and prevention of crime.

5.1. You are deemed to have accepted these Conditions of Use as amended from time to time and which take effect:-

5.1.1 Upon Registration; or

5.1.2 Upon the initial activation of the MOBILE MONEY System by use of your Start Key.

6.1 We may suspend (bar), restrict or terminate the provision of the MOBILE MONEY Services (in whole or in part) and/or close your Account without informing you and without any liability whatsoever (although, we will, where possible, try to inform you that such action is or may be taken) under the following circumstances:-

6.1.1 if we are aware or have reason to believe that your Mobile Equipment or the MSIN/PIN number used in relation to the MOBILE MONEY Services is/are being used in an unauthorized, unlawful, improper or fraudulent manner or for criminal activities (or has been so used previously);

6.1.2 if you do not comply with any of the conditions relating to the MOBILE MONEY Services including these Conditions of Use;

6.1.3 if you notify us that your Mobile Equipment has been lost or stolen or your PIN has been lost or disclosed to any other party;

6.1.4 if you do anything (or allow anything to be done) with your Mobile Equipment which we think may damage or affect the operation or security of the Network or the MOBILE MONEY Services;

6.1.5 for reasons outside of our control;

6.1.6 where we close your Account under Clause 6.2.

6.2 To access the MOBILE MONEY Services, your SIM must be operational (“active”) at all times. If your SIM is inactive for a consecutive period of 9 months your MOBILE MONEY Account will automatically be closed by MTN MoMo and any Mobile credit standing to the Credit of your Account will be paid to you in the matter provided in clause 6.4.

6.3 We will also close your Account upon receipt of your request to close your Account.

6.4 Where the use of your PIN has been suspended or disconnected or your Account closed any Credit Balance in your Account will be repaid to you in cash upon your presenting yourself at our Customer Care Centres. You will only be paid any Credit Balance in cash upon satisfactory evidence of your identity being produced.

6.5 We will not be responsible to you for any direct, indirect, consequential, or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract or statute if we close or suspend your Account in terms of this clause 6.

7.1 Tariffs as published are payable to MOBILE MONEY for each Transaction effected from your Account. The Tariff Guide is available from MTN MoMo’s Head Office or by accessing the MTN Website.

7.2 Tariffs payable on each Transaction will be deducted from your MOBILE MONEY Account by MOBILE MONEY on conclusion of each Transaction and your new balance on conclusion of the Transaction shall be notified to you by SMS.

7.3 Tariffs include Value Added Tax but are subject to other applicable levies and taxes at the then prevailing rates.

7.4 All Charges payable by you in connection with the use of the MOBILE MONEY Services may be debited from your Account without further reference to you.

8.1 All Debit Transactions from your Account will be effected by Transfer Instructions authorized with the PIN which you choose when you register, or by such other method, we may prescribe from time to time. Proof of ID will BE required before any Transaction can be effected and the ID presented will be recorded by the Agent on each Transaction.

8.2 Your Account will be credited when you purchase MOBILE MONEY by making Payments or when Mobile Money is transferred to your MOBILE MONEY Account from another Customer and all such amounts will be held by the Trustee to your order.

8.3 You may not affect any Transactions from your Account in the event that you do not have sufficient MOBILE MONEY in your Account to meet the value of the Transaction and Charges applicable thereto.

8.4 The MOBILE MONEY System will verify and confirm all Transactions affected from your Account by SMS to you. The MOBILE MONEY System records will be taken as correct unless the contrary is proved.

8.5 On being provided with an Account, you will be able to affect the following transactions:-

8.5.1 Effect a Credit Transaction by making a Payment in cash directly to an Agent in exchange for an equivalent amount of MOBILE MONEY to be credited into your Account. Upon a Credit Transaction being made, the MOBILE MONEY System shall credit your account accordingly.

8.5.2 Effect a Debit Transaction by:-

8.5.2.1 The exchange of Mobile Money for cash at any Agent by sending a Transfer Instruction to MOBILE MONEY pursuant to which the Agent will pay the equivalent amount of cash to you.

8.5.2.2 The transfer of Mobile Money to another Customer by sending Transfer Instructions to MOBILE MONEY for the account of such Customer, specifying the amount to be transferred.

8.5.2.3 The purchase of MTN Pre-paid Airtime by sending a recharge instruction to MTN and giving a Transfer Instruction for the corresponding amount of Mobile Money to MTN as the Designated Payee.

8.5.2.4 The purchase of Goods and/or Services from Authorised Retailers by Transfer Instructions via MOBILE MONEY of the amount to be transferred to the Authorised Retailer’s Account in settlement for the Goods and/or Services purchased.

8.5.2.5 Upon any Credit Transaction and Debit Transaction being affected the MOBILE MONEY System shall credit or debit your Account once the sum is actually credited to, withdrawn, or transferred by you from your Account.

8.5.3 Any Transaction which is not concluded within 7 days of the Transfer Instructions first being given for that transaction will automatically be canceled and an SMS notification sent via MOBILE MONEY of the cancellation shall be given to the Customer giving the Transaction Instructions.

8.5.4 The MOBILE MONEY System will confirm every Transaction made by way of SMS together with an updated balance of your Account.

8.5.5 Any Debit Transactions given using the PIN will be charged to the Account. You acknowledge that, unless and until MTN MoMo receives notice from you that your PIN Secret Word, is no longer secure and/or that your Mobile Equipment has been lost or stolen, MTN MoMo may rely on the use of the PIN as conclusive evidence that a Debit Transaction has been authorized by you, even if it is actually made without your authority. MTN MoMo shall not require any written confirmation of any Transaction Instruction.

8.5.6 We are unable to reverse or charge back any Transfer Instruction for any reason including in the event of any dispute with any other Customer or an Authorised Retailer. You are responsible for resolving any disputes arising with any other Customer or an Authorized Retailer without recourse to MOBILE MONEY.

8.5.7 Your Account may only be operated by the use of Agents/Retailers in the Republic of Uganda

8.5.8 Each Transaction will be issued with a unique receipt number that is included in the confirmation SMS sent to you with an updated balance of your Account. This receipt number is used to track & identify all Transactions carried out on your Account.

8.5.9 A Transaction once completed is final and irrevocable. As such, MTN MomO shall not be under any compulsion to reverse any Transaction.

8.5.10 Notwithstanding the above, MTN MoMo 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 Mobile Money and the reversal claim is made within seven (7) days of the erroneous Transaction date.

8.5.11 MTN MoMo will not be compelled to refund or compensate the sender if the Mobile Money is sent to a recipient mistakenly or in error or fraudulently or under duress and subsequently redeemed for Cash or otherwise spent by the recipient of the mistaken, erroneous or fraudulent Transaction and you hereby agree to hold MTN harmless for any losses arising from a mistaken, erroneous or fraudulent transfer of funds or any transfer of funds from your account effected under duress or under coercion or criminal force.

9.1 Only one PIN Number can be linked to your Account at any time.

9.2 Only you may use your Mobile Phone and PIN Number.

9.3 You are responsible for the safekeeping and proper use of your Mobile Equipment, for keeping your PIN, your Start Key and Secret Word and for all Transactions that take place on your account using your PIN.

9.4 Your Secret Word will be used to confirm your identity when you call the Call Centre, but must not disclose your PIN to any person including the staff at the Customer Care Centre.

10.1 You will be responsible for all applicable Charges at the applicable Tariffs for any Transaction effected including calls made on our Network using the Mobile Equipment whether those calls were made by you or someone else with or without your authority or knowledge.

10.2 You are solely responsible for any transmitted material and or communication, which is classified as defamatory, illegal, or in breach of any copyright and shall indemnify and keep us indemnified against any claims and expenses made against us in respect thereof.

10.3 You must not use the MOBILE MONEY Services to commit any offense (s) contrary to the Laws of Uganda.

11.1 We reserve the right to vary at any time and without prior notice to you these Conditions of Use or the Tariffs. Variations will be notified by way of advertisement in a daily newspaper, SMS, or through our Website and or by using any other suitable means PROVIDED THAT you shall be deemed to have been notified of any such variations regardless that the same may not have actually come to your attention

11.2 By continuing to use the MOBILE MONEY Services you shall be deemed to have agreed to the variations contemplated in clause 11. If you do not accept any of the variations then you must not continue to effect any Transactions otherwise you will be deemed to have accepted such modifications.

12.1 The Trustee hereby declares that it holds all Payments received in respect of the Purchase of MOBILE MONEY or transfers of MOBILE MONEY into your Account (the “Trust Amounts”) on trust for you and for your benefit and that you shall be beneficially entitled to all those Trust Amounts standing to the credit of your Account. You agree that the Trustee may treat the records of the MOBILE MONEY System as conclusive evidence of the amount of MOBILE MONEY at any time standing to the credit of your Account and the Trustee is not bound to make any independent investigation of your beneficial entitlement to the Trust Amounts. You further acknowledge that, in relation to any payment to you in respect of your entitlement to Trust Amounts, we may act on instructions given by you using your PIN or instructions purported to be given by you using your PIN even if they are actually given by a third party.

12.2 You acknowledge that the Trustee shall have no obligation to invest the Trust Amounts other than by way of holding the same in the Trust Account. You further acknowledge that, to the extent that any interest accrues on the Trust Amounts, you shall have no beneficial entitlement to such interest and the Trustee shall be entitled to retain such interest to defray its own costs and expenses and/or to pay the same towards the costs and expenses of operating the MOBILE MONEY System and/or to pay the same to such charitable cause(s) as the Trustee may in its absolute discretion determine.

13.1. In the event that we are compelled to change or reassign your telecommunications numbering to meet regulatory requirements or for any other reason our liability will be limited to retaining your Account and where possible, transferring your Account to a new MSISDN, failing which you will be paid out the Credit Balance standing in your Account in cash.

13.2. To the maximum extent permissible by law we exclude warranties of all kinds, either express or implied.

13.3. All Agents are no more than independent outlets authorized by MTN or an approved MOBILE MONEY agent aggregator to provide MOBILE MONEY Services and no agency relationship exists between MTN MoMo and the Agents and we accordingly bear no responsibility or liability for any default or negligence on the part of the Agents in providing the MOBILE MONEY Services.

13.4. We shall not be liable for any loss which you suffer unless it is directly caused by our being negligent or deliberately acting wrongly. If we do act negligently or wrongly, we shall only be liable for the amount of the loss that a normal Customer in your position would have suffered and not any loss which results from your particular circumstances; even if we know that your circumstances are unusual.

14.1 This Agreement (as from time to time may be amended) forms a legally binding agreement binding on you and your personal successors and assigns.

14.2 This Agreement may not be assigned by you to any other person.

14.3 No failure or delay by either of us in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or another exercise thereof or the exercise of any other right or remedy.

14.4 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

14.5 If any provision of these Conditions of Use shall be found by any duly appointed arbitrator, court, or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein and all provisions not so affected by such invalidity or unenforceability shall remain in full force and effect.

15.1 You may obtain a balance inquiry from your Mobile Equipment and query any transactions affected using your Mobile Equipment and Secret Word at the Customer Service Centre.

15.2 Printed statements of your Account will not be provided.

15.3 We will close your Account on receiving a request from you.

We are not responsible for any loss arising from any failure, malfunction, or delay in any cellphone Networks, cellphones, the Internet or terminals, or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.

17.1 We are entitled to send information to you via SMS to the contact Mobile Phone number supplied on your application form. These SMS’s are for information purposes only.

17.2 You should send any legal notice to us at our chosen address: MTN Mobile Money Uganda Limited P.O. Box 40340, Kampala, Plot 1-4 Wampewo Avenue, Kololo Kampala

18.1 You must pay all our expenses in recovering any amounts you owe us including legal fees, collection fees, and tracing fees.

18.2 A certificate signed by any of our managers (whose appointment need not be proved) showing the amount you owe us is sufficient proof of the facts stated on the certificate unless the contrary is proved.

18.3 We will not be responsible to you for any indirect, consequential, or special damages arising from any act or omission by us or any third party for whom we are responsible and whether arising in contract or statute.

18.4 You must notify us immediately of any change of your details in your Registration Form.

18.5 You agree that your information, including your personal information, your conversations with our Customer Care Centre and your Transactions will be recorded and stored for record-keeping purposes for 7 years from the date of closure of your Account.

18.6 All copyright, trademarks, and other intellectual property rights used as part of the MOBILE MONEY Services or contained in our documents are owned by MTN or its licensors. You agree that you acquire no rights thereto.

19.1 This Agreement is governed by Ugandan Law.

19.2 Any dispute arising out of or in connection with this Agreement shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Judge in charge for the time being of the High Court (Commercial Division) of Uganda. Such arbitration shall be conducted in Kampala in accordance with the Rules of Arbitration subject to and in accordance with the provisions of the Arbitration Act, Cap 4, or its successor legislation

19.3 To the extent permissible by law, the determination of the Arbitrator shall be final, conclusive, and binding upon the parties hereto.

19.4 Nothing shall prevent the parties hereto from seeking any relief from a court of competent jurisdiction in Uganda and or any other relevant regulatory body.

20.1. MTN MoMo recognizes the importance of protecting the privacy of all information provided by users of Mobile Money Services. This statement is meant to affirm our utmost respect for your rights to privacy.

20.2. MTN MoMo collects personally identifiable information that we use to profile Mobile Money Service Users and administer individual MOBILE MONEY accounts, update MOBILE MONEY databases, and provide user support.

20.3. Save as provided hereunder, MTN MoMo 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.

20.4. You acknowledge that by using the MOBILE MONEY Services, some of your personal information will be passed on to any person whom you receive Mobile Money from, or send Mobile Money to and will be available to any third party involved in the operation of the service including without limitation, MOBILE MONEY Cash Merchants, ATM Switch providers and Ericsson AB (as vendors of the MOBILE MONEY transfer technology platform). You hereby authorize MTN to share with, provide or disclose to third parties with which you have separately contracted or with which you intend to contract (and have informed MTN of this intention in writing or electronically through the MOBILE MONEY System or any other platform), your personal information including any Transaction data, information pertaining to you or your MOBILE MONEY Account, or your usage of MTN Products and Services provided that the authority given to MTN to disclose information to such third parties (not being law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time.

20.5. You acknowledge that MTN MoMo may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.

20.6. You accept that MTN MoMo 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 agencies to assist in the prevention, detection, or prosecution of money laundering activities, fraud or other criminal activities;

20.7. MTN MoMo employees who handle personal information are under an obligation to treat it confidentially and may not disclose it to unauthorized third parties. MTN employees are also responsible for the internal security of the information. Employees who violate MTN MoMo’s privacy policies are subject to a range of disciplinary actions.

20.8. Any person submitting any information to MTN MoMo through the MOBILE MONEY System may be granted access rights to that information. MTN has developed systems that enable access and correction of information submitted to it.

Note: Please note that a Summary of the Mobile Money Services terms and conditions is available at the Mobile Money Agents outlets, All MTN Service Centers MTN’s head office, and the MTN Website located at www.mtn.co.ug and is printed on the back of the registration form.

These Terms and Conditions relate to the 2021 Ramadhan Consumer Promotion from MTN Uganda. All MTN Customers who will benefit from this Customer Value Proposition will be deemed to have read, understood, and consented to these terms and conditions before claiming any such benefit. All users agree to be bound by the following terms and conditions:

This is a promotional offer.

For every MTN customer who loads any amount of airtime or purchases any bundled service through MTN Mobile Money between 6:00am and 11:59pm, 30 MTN-to-MTN voice minutes and 100MB will be given to be used in the next window of 12:00am and 5:59am.

This offer is exclusively valid for the 2021 Ramadhan season only, and starts on 15 th April 2021.

To check the free resources, customers will dial *131#

MTN will support this offer with marketing support at the points of sale with merchandise and point of sale communication.

By benefitting from this offer, customers permit MTN to use their voices, pictures and life stories to be used in MTN's marketing communication for the period of 12 months from the time the service was activated for them.

MTN shall bear no responsibility for any harm and/or losses occasioned the customers arising from the use of the given minutes and data resources.

Information regarding the campaign that is published on authorized advertising material will also form part of the terms and conditions of the campaign.

MTN may in their sole discretion amend these terms and conditions at any time, without notice.

MTN’s decision is final and no correspondence will be entered into.

Benefitting customers will receive SMS and/or telephone notifications from time to time from MTN Uganda.

Any additional products or services not included in the offered data, but required by the customer for a fulfilling a desired user experience, will need to be arranged and paid for separately.

If for any reason any aspect of this campaign is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of Synergy which corrupts or affects the administration, security, fairness, integrity or proper conduct of this offer, MTN in its sole discretion may cancel, terminate, modify or suspend the offer, or invalidate any affected entries, subject to the approval of the local regulator.

MTN will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this offer, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

MTN reserves the right to change the duration of the campaign at any time.

Subject to confirmation, this offer cannot necessarily be used in conjunction with any other existing promotions.

To be eligible for the discount, the customer should pay for services using MTN MoMoPay at participating fuel stations that accept MTN MoMoPay as a mode of payment.

A discount shall be applied on all services offered at the participating fuel stations once a Customer uses the participating MoMo Pay codes.

A Customer shall enjoy a 5% discount on every transaction carried out using MTN MoMoPay subject to a cap of Ugx 5,000 per transaction and a total discount of Ugx 20,000 for all the transactions carried out within a day at the participating stations for the duration of the Promo.

This promotional offer is available to all MTN customers.

This promotion will run for a period of 90 days from the launch date. MTN reserves the right to alter the promotion period.

MTN MoMoPay transactions can be made through the MyMTN/MoMo app (using the QR code scanner or merchant code options) or by dialing *165*3# and following the prompts.

Information regarding the promotion that is published on authorized advertising material will also form part of the terms and conditions of the promotion.

MTN may in their sole discretion amend these terms and conditions at any time, without notice.

MTN's decision is final and no correspondence will be entered whatsoever.

If for any reason any aspect of this promotion is not capable of running as planned because of depletion of planned budgeted amount, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of MTN which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, MTN in its sole discretion may cancel, terminate, modify or suspend the promotion.

MTN will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this promotion except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

These are the terms and conditions upon which you may use the MOBILE MONEY Services (as defined herein) provided by MTN Uganda Limited (MTN) (“Conditions of Use”) the acceptance of which constitutes a binding contract between yourself, MTN and MTN MOBILE MONEY (as the Trustee), wherein MTN as trustee holds monies received from you on trust to your order. When you register as a MOBILE MONEY Customer by signing the Registration Form annexed hereto you agree to abide by these Conditions of Use. You therefore need to read and fully understand these Conditions of Use and if you do not agree with them, you must not proceed to register for and/or use the MOBILE MONEY Services.

The following definitions relate to these Conditions of Use:

“Account” means your MOBILE MONEY Account, being the record maintained by us of the amount of Mobile Money from time to time held by you and represented by an equivalent amount of cash held by the Trustee on your behalf.

“Agent(s)”means person(s) registered by MTN to provide MOBILE MONEY Services, details of which may be obtained from MTN ’s Head Office.

“Agreement” means these Conditions of Use together with the Registration Form.

“Charges” means the Tariffs and other charges payable under this Agreement for the MOBILE MONEY Services.

“Conditions of Use” means these terms and conditions as may be varied by us from time to time.

“Credit Balance” means the amount of Mobile-Money from time to time standing to the credit of your Account. “Credit Transaction” means any transaction which results in your Account being credited with Mobile Money as verified by MTN MOBILE MONEY;

“Customer” means you and every other person in whose name an Account for the MOBILE MONEY Services is registered.

“Customer Care Centre” means MTN Customer Care Centre situated at Plot 69-71 Jinja Road Kampala, or any regional Customer Care Centre

“Debit” means the movement of funds out of your Mobile Money Account.

“Debit Transaction” means any transaction which results in a Debit of Mobile Money from your Account as verified by MTN MOBILE MONEY and the Mobile Money System. “Designated Payee” means any person (including yourself, another customer, an Agent or Authorized Retailer) who is designated by you by SMS, to be the recipient of Mobile Money from your Account.

“Mobile Money” means the electronic money issued by MTN and representing an entitlement to an equivalent amount of cash monies held by the Trustee in respect of the purchase of such electronic value;

“Goods and Services” means such goods and services as may be purchased from Authorised Retailers using the MTN MOBILE MONEY System.

“ID Number” means the number associated with the form of identification provided

“Mobile Equipment” means your Mobile Phone and SIM Card or other equipment which when used together allows access to MOBILE MONEY Services and, in each case, is approved for use within the Republic of Uganda by the relevant authority.

“Mobile Phone” means your mobile phone handset.

“MOBILE MONEY Retailer” means a seller of Goods and Services who accepts Mobile Money in payment for Goods and Services.

“MOBILE MONEY Services” means the services provided by MTN for the issue and redemption of Mobile Money and the transfer of Mobile between Customers on the basis of Transfer Instructions including the recording of all Transactions, verifying and confirming all Transactions concluded and updating Customer Account records.

“MOBILE MONEY System” or “MOBILE MONEY” means the proprietary cellular phone money transfer service which is marketed, managed, and operated exclusively by MTN in the United Republic of Uganda.

“MTN MOBILE MONEY Website” refers to the MOBILE MONEY section on website address www.mtn.co.ug.

“MSIN” means the mobile station identification number issued to you with the SIM Card
and corresponding identity number and PUK for accessing the MTN network

“Network” means the Global System for Mobile telecommunication (“GSM”) system operated by MTN and covering those areas within the Republic of Uganda as stipulated from time to time by us.

“Network Service Provider” means the provider of mobile phone services.

“Outlet Operator” means the assistant dealing with you at an Outlet.

“Outlet” means any shop, unit or other retail premises operated by an Agent.

“Payments” means money paid to an Agent, for the purchase of an equivalent amount of Mobile Money sums credited to your Account, any such monies thereafter being held by the Trustee on trust for you as specified herein.

“PIN” means your personal identification number being the secret code you choose to access and operate your Account.

“Pre-paid Airtime” means mobile phone calling credit on MTN ’s Network.

“Registration Form” means the registration form containing registration details and acceptance of these Conditions of Use by you in the form annexed hereto;

“Secret Word” means the secret password allocated to you upon activation of your MOBILE MONEY Account by keying in the Start Key.

“SIM Card” means the subscriber identity module which when used with the appropriate Mobile Equipment enables you to use the MOBILE MONEY Services.

“SMS” means a short message service consisting of a text message transmitted from one Mobile Phone to another.

“Start Key” means the one-time PIN sent to you on registration for the purpose of activating your Account.

“Tariffs” means actual charges for use of the MOBILE MONEY Services as published on the MTN Uganda Web-Site.

“Tariff Guide” means a catalogue published for the Tariffs payable for the MOBILE MONEY Services, as updated from time to time.

“Transactions” means any of the transactions specified in Clause 8.

“Transfer Instructions” means instructions given via SMS for the transfer of Mobile Money from one Customer to another.

“Trustee” means MTN Uganda Limited which holds the aggregate of all Payments and sums equivalent to all transfers of Mobile Money into your MOBILE MONEY Account from other Customers in trust for you in the Trustee Account.

“Trustee Account” means the Bank Account maintained by the Trustee into which all Payments are made and held by the Trustee on behalf of Customers.

“User Manual” means a document describing the MOBILE MONEY System and its use.

“we”or “us”or “our” means MTN and (where applicable) MTN as the Trustee.

“you”or “your” means the Customer.

APPLICATION FOR ACCOUNT

Any MTN Uganda customer may register for the MOBILE MONEY service provided they have an active MTN Uganda SIM.

You will be liable to pay your Mobile Phone Network Service provider for all network costs incurred using the MOBILE MONEY Service. You will also be liable to pay applicable Tariffs for your use of the MOBILE MONEY Services and such Tariffs may be deducted directly from your MOBILE MONEY Account.

You may register for MOBILE MONEY Services with any MOBILE MONEY Agent in the Republic of Uganda.

Upon registering as a Customer, you will be required to provide the following information for inclusion in the Registration Form to be signed by you:-

3.4.1 The identification number associated with the form of acceptable identification provided

3.4.2 Your full name

3.4.3 Your physical address

3.4.4 Your date of birth

3.4.5 Your Nationality

3.4.6 Your mobile number

All information provided must be complete and accurate in all respects.

We may decline your application at our sole discretion.

We may refuse to open an Account for you if we are not satisfied with proof of your identity.

Upon registration with MOBILE MONEY and input of Start Key, you will be allocated a Secret Word which must be kept secret at all times and which will be used to identify you as being the rightful Customer of your Account on raising enquires with the Customer Care Centre on the telephone. Upon activation of your Account by the input of the Start Key you will upon choosing a secret PIN, be entitled to use the MOBILE MONEY Services with immediate effect.

THE MOBILE MONEY SERVICES

The MOBILE MONEY Services are made available to you subject to these Conditions of Use:-

Although we will try to ensure that you are able to make full use of the Network to access MOBILE MONEY Services within the coverage area, we do not guarantee that the MOBILE MONEY Services will be available at all times and we will not be responsible or liable for any loss whatsoever or howsoever arising as a consequence of any non-availability of the MOBILE MONEY Services.

The MOBILE MONEY Services are not fault free and factors including (but not limited to) acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the Network may interfere adversely with the quality and provision of the MOBILE MONEY Services.

In the event of damage to, loss or theft of the SIM, you are obliged to inform us immediately of such damage, loss or theft. We will then disable such damaged, lost or stolen SIM Card so as to prevent further use of the MOBILE MONEY Services until the same has been replaced. A replacement fee will be applicable and you will be responsible for all Charges and Transactions effected up to the time of receipt by us of your notification of the damage, loss or theft. Notification of any such damage, loss or theft may be given by telephoning the Customer Care Centre.

You will be required to indemnify us against any claims made in respect of any Transactions effected with your Mobile Phone and SIM prior to such notification being received.

Please note that the confidentiality of your communications via our Network is not guaranteed. You are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. We cannot accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality.

You accept that we may disclose or receive personal information or documents about you:-

to and from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud;

to facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement;

to our lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature).

You must comply with any instructions that we may give you from time to time about the MOBILE MONEY Services.

With the exception of calls made to our Customer Service Hotline numbers (which will be provided to you upon registration) and to other designated toll free numbers, a minimum call charge may be levied in accordance with the applicable Tariff.

Your calls, emails or SMS’s may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of un-authorized use of our telecommunications system and detection and prevention of crime.

ACCEPTANCE AND COMMENCEMENT OF CONDITIONS OF USE

You are deemed to have accepted these Conditions of Use as amended from time to time and which take effect:-

5.1.1 Upon Registration; or

5.1.2 Upon the initial activation of the MOBILE MONEY System by use of your Start Key.

SUSPENSION AND DISCONNECTION OF THE SERVICES/CLOSURE OF ACCOUNT

We may suspend (bar), restrict or terminate the provision of the MOBILE MONEY Services (in whole or in part) and/or close your Account without informing you and without any liability whatsoever (although, we will, where possible, try to inform you that such action is or may be taken) under the following circumstances:-

if we are aware or have reason to believe that your Mobile Equipment or the MSIN/PIN number used in relation to the MOBILE MONEY Services is/are being used in an un-authorized, unlawful, improper or fraudulent manner or for criminal activities (or has been so used previously);

if you do not comply with any of the conditions relating to the MOBILE MONEY Services including these Conditions of Use;

if you notify us that your Mobile Equipment has been lost or stolen or your PIN has been lost or disclosed to any other party;

if you do anything (or allow anything to be done) with your Mobile Equipment which we think may damage or affect the operation or security of the Network or the MOBILE MONEY Services;

for reasons outside of our control;

where we close your Account under Clause 6.2.

To access the MOBILE MONEY Services, your SIM must be operational (“active”) at all times. If your SIM is in inactive for a consecutive period of 3 months your MOBILE MONEY Account will automatically be closed by MTN and any Mobile credit standing to the Credit of your Account will be paid to you in the matter provided in clause 6.4.

We will also close your Account upon receipt of your request to close your Account.

Where the use of your PIN has been suspended or disconnected or your Account closed any Credit Balance in your Account will be repaid to you in cash upon your presenting yourself at our Customer Care Centres. You will only be paid any Credit Balance in cash upon satisfactory evidence of your identity being produced.

We will not be responsible to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, or statute, if we close or suspend your Account in terms of this clause 6.

TARIFFS

Tariffs as published are payable to MOBILE MONEY for each Transaction effected from your Account. The Tariff Guide is available from MTN’s Head Office or by accessing the MTN Uganda Website.

Tariffs payable on each Transaction will be deducted from your MOBILE MONEY Account by MOBILE MONEY on conclusion of each Transaction and your new balance on conclusion of the Transaction shall be notified to you by SMS.

Tariffs include Value Added Tax but are subject to other applicable levies and taxes at the then prevailing rates.

All Charges payable by you in connection with the use of the MOBILE MONEY Services may be debited from your Account without further reference to you.

All Debit Transactions from your Account will be effected by Transfer Instructions authorized with the PIN which you choose when you register, or by such other method we may prescribe from time to time. Proof of ID will BE required before any Transaction can be effected and the ID presented will be recorded by the Agent on each Transaction.

Your Account will be credited when you purchase MOBILE MONEY by making Payments or when Mobile Money is transferred to your MOBILE MONEY Account from another Customer and all such amounts will be held by the Trustee to your order.

You may not effect any Transactions from your Account in the event that you do not have sufficient MOBILE MONEY in your Account to meet the value of the Transaction and Charges applicable thereto.

The MOBILE MONEY System will verify and confirm all Transactions affected from your Account by SMS to you. The MOBILE MONEY System records will be taken as correct unless the contrary is proved.

On being provided with an Account, you will be able to affect the following transactions:-

Effect a Credit Transaction by making a Payment in cash directly to an Agent in exchange for an equivalent amount of MOBILE MONEY to be credited into your Account. Upon a Credit Transaction being made, the MOBILE MONEY System shall credit your Account accordingly.

8.5.2.1 The exchange of Mobile Money for cash at any Agent by sending a Transfer Instruction to MOBILE MONEY pursuant to which the Agent will pay the equivalent amount of cash to you.

8.5.2.2 The transfer of Mobile Money to another Customer by sending Transfer Instructions to MOBILE MONEY for the account of such Customer, specifying the amount to be transferred.

8.5.2.3 The purchase of MTN Pre-paid Airtime by sending a recharge instruction to MTN and giving a Transfer Instruction for the corresponding amount of Mobile Money to MTN as the Designated Payee.

8.5.2.4 The purchase of Goods and/or Services from Authorised Retailers by Transfer Instructions via MOBILE MONEY of the amount to be transferred to the Authorised Retailer’s Account in settlement for the Goods and/or Services purchased.

8.5.2.5 Upon any Credit Transaction and Debit Transaction being affected the MOBILE MONEY System shall credit or debit your Account once the sum is actually credited to, withdrawn or transferred by you from your Account.

Any Transaction which is not concluded within 7 days of the Transfer Instructions first being given for that transaction will automatically be cancelled and an SMS notification sent via MOBILE MONEY of the cancellation shall be given to the Customer giving the Transaction Instructions.

The MOBILE MONEY System will confirm every Transaction made by way of SMS together with an updated balance of your Account.

Any Debit Transactions given using the PIN will be charged to the Account.

You acknowledge that, unless and until MTN receives notice from you that your PIN Secret Word, is no longer secure and/or that your Mobile Equipment has been lost or stolen, MTN may rely on the use of the PIN as conclusive evidence that a Debit Transaction has been authorized by you, even if it is actually made without your authority. MTN shall not require any written confirmation of any Transaction Instruction.

We are unable to reverse or charge-back any Transfer Instruction for any reason including in the event of any dispute with any other Customer or an Authorised Retailer. You are responsible for resolving any disputes arising with any other Customer or an Authorized Retailer without recourse to MOBILE MONEY.

Your Account may only be operated by the use of Agents/Retailers in the Republic of Uganda

Each Transaction will be issued with a unique receipt number that is included in the confirmation SMS sent to you with an updated balance of your Account.

This receipt number is used to track & identify all Transactions carried out on your Account.

A Transaction once completed is final and irrevocable. As such, MTN shall not be under any compulsion to reverse any Transaction.

Notwithstanding the above, MTN 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 Mobile Money and the reversal claim is made within seven (7) days of the erroneous Transaction date.

MTN will not be compelled to refund or compensate the sender if the Mobile Money is sent to a recipient mistakenly or in error or fraudulently or under duress and subsequently redeemed for Cash or otherwise spent by the recipient of the mistaken, erroneous or fraudulent Transaction and you hereby agree to hold MTN harmless for any losses arising from a mistaken, erroneous or fraudulent transfer of funds or any transfer of funds from your account effected under
duress or under coercion or criminal force.

SECURITY AND UNAUTHORISED USE

Only one PIN Number can be linked to your Account at any time.

Only you may use your Mobile Phone and PIN Number.

You are responsible for the safekeeping and proper use of your Mobile Equipment, for keeping your PIN, your Start Key and Secret Word and for all Transactions that take place on your account using your PIN.

Your Secret Word will be used to confirm your identity when you call the Call Centre, but must not disclose your PIN to any person including the staff at the Customer Care Centre.

YOUR RESPONSIBILITIES

You will be responsible for all applicable Charges at the applicable Tariffs for any Transaction effected including calls made on our Network using the Mobile Equipment whether those calls were made by you or someone else with or without your authority or knowledge.

You are solely responsible for any transmitted material and or communication, which is classified as defamatory, illegal or in breach of any copyright and shall indemnify and keep us indemnified against any claims and expenses made against us in respect thereof.

You must not use the MOBILE MONEY Services to commit any offence(s) contrary to the Laws of Uganda.

VARIATIONS

We reserve the right to vary at any time and without prior notice to you these Conditions of Use or the Tariffs. Variations will be notified by way of advertisement in a daily newspaper, SMS, or through our Website and or by using any other suitable means PROVIDED THAT you shall be deemed to have been notified of any such variations regardless that the same may not have actually come to your attention

By continuing to use the MOBILE MONEY Services you shall be deemed to have agreed to the variations contemplated in clause 11 above. If you do not accept any of the variations then you must not continue to effect any Transactions otherwise you will be deemed to have accepted such modifications.

TRUSTEE RESPONSIBILITY

The Trustee hereby declares that it holds all Payments received in respect of the Purchase of MOBILE MONEY or transfers of MOBILE MONEY into your Account (the "Trust Amounts") on trust for you and for your benefit and that you shall be beneficially entitled to all those Trust Amounts standing to the credit of your Account.

You agree that the Trustee may treat the records of the MOBILE MONEY System as conclusive evidence of the amount of MOBILE MONEY at any time standing to the credit of your Account and the Trustee is not bound to make any independent investigation of your beneficial entitlement to the Trust Amounts. You further acknowledge that, in relation to any payment to you in respect of your entitlement to Trust Amounts, we may act on instructions given by you using your PIN or instructions purported to be given by you using your PIN even if they are actually given by a third party.

You acknowledge that the Trustee shall have no obligation to invest the Trust Amounts other than by way of holding the same in the Trust Account.

You further acknowledge that, to the extent that any interest accrues on the Trust Amounts, you shall have no beneficial entitlement to such interest and the Trustee shall be entitled to retain such interest to defray its own costs and expenses and/or to pay the same to MTN towards the costs and expenses of operating the MOBILE MONEY System and/or to pay the same to such charitable cause(s) as the Trustee may in its absolute discretion determine.

LIABILITY AND EXCLUSIONS

In the event that we are compelled to change or reassign your telecommunications numbering to meet regulatory requirements or for any other reason our liability will be limited to retaining your Account and where possible, transferring your Account to a new MSIN, failing which you will be paid out the Credit Balance standing in your Account in cash.

To the maximum extent permissible by law we exclude warranties of all kinds, either express or implied.

All Agents are no more than independent outlets authorised by MTN or an approved MOBILE MONEY agent aggregator to provide MOBILE MONEY Services and no agency relationship exists between MTN and the Agents and we accordingly bear no responsibility or liability for any default or negligence on the part of the Agents in providing the MOBILE MONEY Services.

We shall not be liable for any loss which you suffer unless it is directly caused by our being negligent or deliberately acting wrongly. If we do act negligently or wrongly, we shall only be liable for the amount of the loss that a normal Customer in your position would have suffered and not any loss which results from your particular circumstances; even if we know that your circumstances are unusual.

MISCELLANEOUS

This Agreement (as from time to time may be amended) forms a legally binding agreement binding on you and your personal successors and assigns.

This Agreement may not be assigned to any other person.

No failure or delay by either of us in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

If any provision of these Conditions of Use shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein and all provisions not so affected by such invalidity or unenforceability shall remain in full force and effect.

STATEMENTS

You may obtain a balance enquiry from your Mobile Equipment and query any transactions effected using your Mobile Equipment and Secret Word at the Customer Call Centre.

Printed statements of your Account will not be provided.

We will close your Account on receiving a request from you.

We are not responsible for any loss arising from any failure, malfunction, or delay
in any cellphone Networks, cellphones, the Internet or terminals or any of its
supporting or shared networks, resulting from circumstances beyond our
reasonable control.

NOTICES

We are entitled to send information to you via SMS to the contact Mobile Phone number supplied on your application form. These SMS’s are for information purposes only.

You should send any legal notice to us at our chosen address: MTN Uganda Limited P.O. Box 24624, Kampala, Plot 1-4 Wampewo Avenue, Kololo Kampala or Plot 69-71 Jinja Road, Kampala

GENERAL

You must pay all our expenses in recovering any amounts you owe us including legal fees, collection fees and tracing fees.

A certificate signed by any of our managers (whose appointment need not be proved) showing the amount you owe us is sufficient proof of the facts stated on the certificate, unless the contrary is proved.

We will not be responsible to you for any indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible and whether arising in contract or statute.

You must notify us immediately of any change of your details in your Registration Form.

You agree that your information, including your personal information, your conversations with our Customer Care Centre and your Transactions will be recorded and stored for record keeping purposes for 7 years from date of closure of your Account.

All copyright, trademarks and other intellectual property rights used as part of the MOBILE MONEY Services or contained in our documents are owned by MTN or its licensors. You agree that you acquire no rights thereto.

JURISDICTION AND ARBITRATION

This Agreement is governed by Ugandan Law.

Any dispute arising out of or in connection with this Agreement shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Judge in charge for the time being of the High Court (Commercial Division) of Uganda. Such arbitration shall be conducted in Kampala in accordance with the Rules of Arbitration subject to and in accordance with the provisions of the Arbitration Act, Cap 4 or its successor legislation

To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.

Nothing shall prevent the parties hereto from seeking any relief from a court of competent jurisdiction in Uganda and or any other relevant regulatory body.

PRIVACY POLICY

MTN recognizes the importance of protecting the privacy of all information provided by users of Mobile Money Services.

This statement is meant to affirm our utmost respect for your rights to privacy.

MTN collects personally identifiable information that we use to profile Mobile Money Service Users and administer individual MOBILE MONEY accounts, update MOBILE MONEY databases, and provide User support.

Save as provided hereunder, MTN 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 MOBILE MONEY Services, some of your personal information will be passed on to any person whom you receive Mobile Money from, or send Mobile Money to and will be available to any third party involved in the operation of the service including without limitation, MOBILE MONEY Cash Merchants, ATM Switch providers and Ericsson AB (as vendors of the MOBILE MONEY transfer technology platform). You hereby authorize MTN to share with, provide or disclose to third parties with which you have separately contracted or with which you intend to contract (and have informed MTN of this intention in writing or electronically through the MOBILE MONEY System or any other platform), your personal information including any Transaction data, information pertaining to you or your MOBILE MONEY Account, or your usage of MTN Products and Services provided that the authority given to MTN 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 MTN may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.

You accept that MTN 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 agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities;

MTN employees who handle personal information are under an obligation to treat it confidentially and may not disclose it to unauthorized third parties. MTN employees are also responsible for the internal security of the information

Employees who violate MTN’s privacy policies are subject to a range of disciplinary actions.

Any person submitting any information to MTN through the MOBILE MONEY System may be granted access rights to that information. MTN has developed systems that enable access and correction of information submitted to it.

Note: Please note that a Summary of the Mobile Money Services terms and conditions is available at the Mobile Money Agents outlets, All MTN Service Centers MTN’s head office and the MTN Website located at www.mtn.co.ug and is printed on the back of the registration form.

These Terms and Conditions relate to the refreshed Data Bundles without expiry from MTN Uganda. Customers who use these bundles will be deemed to have read, understood, and consented to these terms and conditions before claiming any such benefit. All users agree to be bound by the following terms and conditions:

There are two categories of such data bundles without expiry:

These are permanent Data Offers.

Users are required to possess the MTN USIM to enjoy the 4G Freedom Data Bundles. In the absence of the USIM, they are limited to the use of the “Other Freedom Bundles only.

Whereas customers are free to buy the “Other Freedom Bundles using airtime or mobile money, payment for the 4G Freedom bundles is limited to MTN Mobile Money.

Purchasing the 4G Freedom Bundles is restricted to the MyMTN and MoMo Apps only. The “Other Freedom Bundles remain available through the same channels as well as the *150*6# USSD menu.

To check the total data balance, customers will dial *131*4#

MTN will support this offer with marketing support at the points of sale with merchandise and point of sale communication.

This offer is restricted to the prepaid customers.

By benefitting from this offer, customers permit MTN to use their voices, pictures, and life stories to be used in MTN’s marketing communication for the period of 12 months from the time the service was activated for them.

MTN shall bear no responsibility for any harm and/or losses occasioned them from the use of the given data.

Information regarding the campaign that is published on authorized advertising material will also form part of the terms and conditions of the campaign.

MTN may in their sole discretion amend these terms and conditions at any time, without notice.

MTN’s decision is final and no correspondence will be entered.

Benefitting customers will receive SMS and/or telephone notifications from time to time from MTN Uganda.

Any additional products or services not included in the offered data but required by the customer for a fulfilling a desired user experience, will need to be arranged and paid for separately.

If for any reason any aspect of this campaign is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of Synergy which corrupts or affects the administration, security, fairness, integrity or proper conduct of this bundled offer, MTN in its sole discretion may cancel, terminate, modify or suspend the offer, or invalidate any affected entries, subject to the approval of the local regulator.

MTN will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury, or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this offer, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

MTN reserves the right to change the duration of the campaign at any time.

Subject to confirmation, this offer cannot necessarily be used in conjunction with any other existing promotions.

These Terms and Conditions apply to the MTN Pay Mpola Mpola Product. All MTN customers who embrace the MTN Pay Mpola Mpola Product will be deemed to have appraised themselves with, understood, and consented to these terms and conditions before making any claim to the benefits of this Product. All participating customers agree to be bound by the following terms and conditions without exception:

The MTN Pay Mpola Mpola Product is a digital product which allows prequalified MTN customers to purchase selected devices from MTN with a manageable initial payment, the balance paid in multiple monthly instalments thereafter.

These devices may be bundled with other MTN services like Data, SMS, Minutes from time to time.

Every eligible customer is entitled to one Device Financing facility at a time.

The prequalified customers who opt to take up the MTN Pay Mpola Mpola Product will be required to make a pre-determined initial deposit and pay the balance over a repayment period of up to 6 months. The pricing details will be published at the points of sale from time to time.

MTN reserves the right to prequalify customers for MTN Pay Mpola Mpola based on, among other attributes, their usage behaviour and consumption of all the MTN Services. The customers’ age on the network will also play a key factor in determining eligibility.

• As part of pre-qualification for MTN Pay Mpola Mpola, the customer must generally be an existing MTN customer who has actively used MTN MoMo for at least 6 months. The customer’s KYC documents must be fully verified.

To confirm eligibility for MTN Pay Mpola Mpola, customers will dial *165*5*2#.

MTN will refresh the list of devices available for MTN Pay Mpola Mpola from time to time. The options available will always be visible on the *165*5*2# menu.

All handsets purchased through MTN Pay Mpola Mpola will be covered under the manufacturer’s warranty. In the unlikely event that the received device is defective, it must be returned to the MTN Service Centre from where it was purchased within 48 hours to the MTN Service Centre.

The devices under MTN Pay Mpola Mpola will not be insured by MTN. However, desirous customers are encouraged to pursue personal insurance of the insurance service is so required.

After confirming eligibility through the *165*5# menu, customers will be required to visit an MTN Service Centre, with the required initial deposit plus their original national ID, to have their MTN Pay Mpola Mpola Request processed.

All payments and instalment payments for devices purchased through MTN Pay Mpola Mpola will be made through MTN Mobile Money.

Outstanding payments can be viewed through the *165*5*2# menu at any time.

Whereas early instalment payments are permissible and free of charges, they do not fetch a relieve on the payment due.

Late payments, on the other hand, will command a surcharge.

• • Customers who default for 33-37 days will pay a surcharge of Shs 500.

  • Customers who default for 38-45 days will pay a surcharge of Shs 1,000.

  • Customers who default for 46 days and beyond will pay a surcharge of Shs 2,000.

In cases of payment defaults, the MTN systems will automatically deduct money from the Customer’s Mobile Money Wallet to offset the required payment.

Failure to pay the required installments will lead to the blocking of all services on the device until payment is made.

Severe defaulting may be reported to the Credit Reference Bureau of Uganda.

All taxes payable by the purchasing customer under the MTN Pay Mpola Mpola have been factored into the product.

MTN will support the MTN Pay Mpola Mpola Product with marketing support at the points of sale with merchandise and point of sale communication.

Under no circumstances shall MTN convert any of the offered services under Device Financing into cash or any other MTN service preferred by the customer.

By benefiting from MTN Pay Mpola Mpola, customers permit MTN to use their voices, pictures and life stories to be used in MTN’s marketing communication for the period of 12 months from the time the service was activated for them.

MTN shall bear no responsibility for any harm and/or losses occasioned them from the use of the given products and services under the MTN Pay Mpola Mpola Product.

Information regarding the campaign that is published on authorized advertising material will also form part of the terms and conditions of the campaign.

MTN may in their sole discretion amend these terms and conditions at any time, without notice.

All MTN’s decisions in all matters relating to MTN Pay Mpola Mpola shall be final. MTN is under no obligation to engage in any correspondence.

MTN Pay Mpola Mpola Customers will receive SMS and/or telephone notifications from time to time from MTN Uganda.

Any additional products or services not included in the MTN Pay Mpola Mpola Package, but required by the customer for a fulfilling a desired user experience will need to be arranged and paid for separately.

If for any reason, any aspect of the MTN Pay Mpola Mpola Product is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of Synergy which corrupts or affects the administration, security, fairness, integrity or proper conduct of this bundled offer, MTN in its sole discretion may cancel, terminate, modify or suspend the offer, or invalidate any affected entries, subject to the approval of the local regulator.

MTN will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with MTN Pay Mpola Mpola, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

Subject to confirmation, MTN Pay Mpola Mpola cannot necessarily be used in conjunction with any other existing MTN Products, Services and Promotions.

MTN Dabolo 4G is a promotion where all prepaid MTN customers will get twice as much data when they buy any Daily Data bundle.

This is a 2020 Dabolo Promotion, all prepaid MTN customers will get twice as much data when they buy any Daily Data bundle at the same unchanged customer price starting 5th October 2020 up till 15th November 2020.

To qualify for the double, the participating customers must have an MTN 4G SIM card.

To confirm that one has the correct (4G) SIM card to benefit from the offer, customers can choose the relevant option when they dial *150*10# to buy MTN Data or they can dial *150*15#

Upgrading to the 4G SIM card is free for all customers who presently do not have the 4G SIM Card. Such customers can visit any MTN Shop for a free upgrade.

Customers are free to buy as many of the above bundles as they want, and in each case, bonus data will be given.

The data offer will be automated in the MTN systems. No specific further action is required of the customer beyond simply buying a daily validity data bundle.

In the “buy for other scenarios” the beneficiary will not get the bonus data if they do not have the required 4G SIM card.

The MyPakapaka data bundles, nightshift bundles, Tooti bundles, social bundles, Go! Bundles, the quarterly data bundles, and the unlimited data bundle packs are exempted from this offer.

The bonus data will be valid for the same 24 hours as the primary data bundle purchased.

The bonus data cannot be shared.

To check the total data balance, customers will dial *131*4#

MTN will support this offer with marketing support at the points of sale with merchandise and point of sale communication.

This offer is restricted to only prepaid customers.

Under no circumstances shall MTN convert the offered data into cash or any other MTN service preferred by the customer.

By benefitting from this offer, customers permit MTN to use their voices, pictures, and life stories to be used in MTN’s marketing communication for a period of 12 months from the time the service was activated for them.

During the course of this promotion, the bundles that qualify for the Bonus will not be reversed into Airtime or MoMo in case the customer activated these bundles in error

MTN shall bear no responsibility for any harm and/or losses occasioned them from the use of the given data.

Information regarding the campaign that is published on authorized advertising material will also form part of the terms and conditions of the campaign.

MTN may in their sole discretion amend these terms and conditions at any time, without notice.

MTN’s decision is final and no correspondence will be entered.

Benefitting customers will receive SMS and/or telephone notifications from time to time from MTN Uganda.

Any additional products or services not included in the offered data but required by the customer for a fulfilling a desired user experience will need to be arranged and paid for separately.

If for any reason any aspect of this campaign is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of Synergy which corrupts or affects the administration, security, fairness, integrity or proper conduct of this bundled offer, MTN in its sole discretion may cancel, terminate, modify or suspend the offer, or invalidate any affected entries, subject to the approval of the local regulator.

MTN will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this offer, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

MTN reserves the right to change the duration of the campaign at any time.

Subject to confirmation, this offer cannot necessarily be used in conjunction with any other existing promotions.

TERMS AND CONDITIONS FOR THE OPENING AND USE OF THE MOKASH ACCOUNT

1. 1. This Agreement sets out the complete Terms and Conditions (hereinafter called “these Terms and Conditions”) which shall be applicable to the MoKash Account (as hereinafter defined) opened by you (as hereinafter defined) with the Bank (as hereinafter defined).

1. 2. These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.

1. In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings:

2. “MoKash Account” means a bank account held by a Customer with the Bank including Fixed Savings account and which is opened and operated in accordance with the terms and conditions herein contained;

2. “Fixed Savings Account” means a Savings account held by a Customer with the Bank and which is opened and operated in accordance with these Terms and Conditions;

3. “Auto Savings” means a transaction requested by the MoKash customer to transfer a predefined amount of e-money from the MTN Mobile Money account to the customer’s MoKash Account on predefined dates and with pre-defined frequencies.

4. “Bank” means Commercial Bank of Africa Uganda Limited incorporated in Uganda with limited liability, duly incorporated in accordance with the laws of the Republic of Uganda, having its registered address at TWED Towers, Plot 10 Kafu Road Nakasero P.O Box 74827 Kampala Uganda hereinafter referred to as “CBA”.

5. “Credit Reference Bureau” means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2008 to inter alia, collect and facilitate the sharing of customer credit information;

6. “Customer” means the person in whose name the MoKash Account with the Bank is existing;

7. “Customer Care Centre” means any MTN UGANDA Retail Shops or such other retail outlets or outlets as may be notified to the Customer by the Bank from time to time;

8. “E-Money” means the electronic monetary value depicted in your MTN UGANDA Mobile Money Account representing an equal amount of cash;

9. “Equipment” includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Network;

10. “NSIS” means the National Security Information System set up and maintained by the Government of Uganda under the Ministry of Internal Affairs;

11. “Fixed Savings Account System Menu” means the menu for operating the Fixed Savings Account that shall be accessible through the Fixed Savings System.

12. “Fixed Savings Account System” means the Unstructured Supplementary Service Data System or the MoKash System functionality through which the Customer on the Network may use to operate the Fixed Savings Account and instruct the Bank.

13. “Lock Period” means such minimum period of time not less than one (1) month and not exceeding six (6) months, or such other period communicated by the Bank from time to time in which the Customer requires that the Principal Amount be kept in the Fixed Savings Account and during which period the Principal Amount will not be available to the Customer subject to the provisions of these terms and conditions).

14. “MoKash Menu” means the MoKash Menu on the MTN UGANDA mobile money System;

15. “MTN UGANDA MOBILE MONEY Account” means your mobile money store of value, being the record maintained by MTN UGANDA of the amount of E- Money from time to time held by you in the MTN UGANDA MOBILE MONEY System;

16. “MTN UGANDA MOBILE MONEY Service” means the money transfer and payments service provided by MTN UGANDA through the MTN UGANDA MOBILE MONEY System;

17. “MTN UGANDA MOBILE MONEY System” means the system operated by MTN UGANDA in Uganda for the provision of the MTN UGANDA MOBILE MONEY Service using the Network;

18. “MTN UGANDA MOBILE MONEY PIN” means your personal identification number being the secret code used to access and operate the MTN UGANDA MOBILE MONEY System and your MoKash Account;

19. “MTN UGANDA MOBILE MONEY Subscriber” means any person registered to use the MTN UGANDA MOBILE MONEY System to send or receive money or make payments;

20. “Network” means the mobile cellular network operated by MTN UGANDA in Uganda;

21. “Request” means a request or instruction received by the Bank from you or purportedly from you through the Network and the System and upon which the Bank is authorized to act;

22. “MTN UGANDA ” a limited liability company incorporated in Uganda with registered offices at MTN Towers, Plot 22 Hannington Road, P.O. Box 24624, Kampala, Uganda;

23. “Services” shall include any form of banking services or products that the Bank may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;

24. “SIM Card” means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and to use the MTN UGANDA MOBILE MONEY System;

25. “SMS” means a short message service consisting of a text message transmitted from one mobile phone to another;

26. “System” means the Bank’s electronic banking and communications software enabling the Customer to communicate with the Bank for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the MTN Uganda Mobile Money System;

27. “Transaction Fees” includes the Facility Fee (as defined at clause 5.2.6), the Rollover Fee (as defined at clause 5.2.9) and any other fees and charges payable for the use of the Services as published by the Bank on the Bank’s website and/or MTN UGANDA’s website and/or the daily newspapers in Uganda or by such other means as the Bank shall in its sole discretion determine. Transaction Fees are subject to change at any time at the Bank’s sole discretion;

28. “We,” “our,” and “us,” means the Bank and includes the successors and assigns of the Bank;

29. “You” or “your” means the Customer and includes the personal representatives of the Customer;

30. The word “Customer” shall include both the masculine and the feminine gender as well as juristic persons;

31. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

32. Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.

1. Before applying to open the MoKash Account via the MTN UGANDA MOBILE MONEY System you should carefully read and understand these Terms and Conditions which will govern the use and operation of the MoKash Account.

2. If you do not agree with these Terms and Conditions, please click “Decline” on the MoKash Menu.

3. You will be deemed to have read, understood and accepted these Terms and Conditions:-

1. 1. upon clicking on the “Accept” option on the MoKash Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or

1. 2. by using or continuing to use and operate the MoKash Account.

4. By applying to open the MoKash Account with the Bank, you agree to comply with and be bound by these Terms and Conditions for the time being and from time to time in force governing the operation of the MoKash Account and you affirm that these Terms and Conditions herein are without prejudice to any right that the Bank may have with respect to the MoKash Account in law or otherwise.

5. These Terms and Conditions may be amended or varied by the Bank from time to time and the continued use of your MoKash Account constitutes your agreement to be bound by the terms of any such amendment or variation.

6. You acknowledge and accept that the Bank offers the MoKash Account only electronically and you agree to do business with the Bank and to operate the MoKash Account only by electronic means via the MoKash Menu on the MTN UGANDA MOBILE MONEY System. Any query and complaint you may have relating to the Services shall be addressed to the Bank through the MTN Customer Care Centre. For the avoidance of doubt, you acknowledge and accept that you will not be allowed or entitled to receive or demand the Services pertaining to the MoKash Account at any branch or branches of the Bank unless otherwise advised by the Bank in its sole discretion. You further acknowledge and accept that the Customer Care Centre is not a branch of the Bank or the Bank’s Agent for purposes of conducting banking business or transactions and that it will not act as such.

1. 1. In order to open a MoKash Account including the Fixed Savings account with the Bank, you must be at least 18 years old and a registered and active MTN UGANDA MOBILE MONEY Subscriber. The Bank reserves the right to verify with MTN UGANDA the authenticity and status of your MTN UGANDA MOBILE MONEY Account.

1. 2. You may open a MoKash Account solely by way of an electronic application made by you using your Equipment via the MoKash Menu on the MTN UGANDA MOBILE MONEY System.

1. 3. You hereby agree and authorize the Bank to request MTN UGANDA for your personal information held by MTN UGANDA pursuant to the agreement between you and MTN UGANDA for the provision of MTN UGANDA’s services and products and the M MTN UGANDA MOBILE MONEY Service including your phone number, name, date of birth, ID or Passport Number and such other information that will enable the Bank to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”). You also hereby agree and authorize the Bank to request MTN UGANDA for information relating to your use of the MTN UGANDA MOBILE MONEY Service and MTN UGANDA MOBILE MONEY System as the Bank shall require for purposes of providing you the Services (“MTN UGANDA MOBILE MONEY Information”). You hereby consent to the disclosure of the Personal Information and the MTN UGANDA MOBILE MONEY Information by MTN UGANDA to the Bank and to the aforesaid use of the Personal Information and the MTN UGANDA MOBILE MONEY Information by the Bank.

1. 4. You hereby agree and authorize the Bank to obtain and procure your Personal Information contained in the NSIS from the Government of Uganda; and you further agree and consent to the disclosure and provision of such Personal Information by the Government of Uganda to the Bank.

1. 5. You hereby further acknowledge and authorize the Bank to verify your Personal Information received from MTN UGANDA pursuant to Clause 4.3 against the information received from the Government of Uganda in your respect as contained in the NSIS.

1. 6. The Bank reserves the right to request for further information from you pertaining to your application for a MoKash Account at any time. Failure to provide such information within the time required by the Bank may result in the Bank declining to accept your application for a MoKash Account.

1. 7. Acceptance by the Bank of your application for a MoKash Account shall be done via SMS sent to the MTN UGAND