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.

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.

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.

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.