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.

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.

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 UGANDA Mobile Phone Number associated with your MTN UGANDA MOBILE MONEY Account. You acknowledge and accept that the acceptance by the Bank of your application for a MoKash Account does not create any contractual relationship between you and MTN UGANDA beyond the terms and conditions that apply to your MTN UGANDA MOBILE MONEY Account from time to time.

1. 8. The Bank reserves the right to decline your application for a MoKash Account or to revoke the same at any stage at the Bank’s sole discretion and without assigning any reason thereto.

As a holder of a MoKash Account, you will be entitled, subject to these Terms and Conditions, to operate a MoKash deposit /savings account (hereinafter the “MoKash Deposit Account”) into which you may transfer money from your MTN UGANDA MOBILE MONEY Account and/or make withdrawals therefrom into your MTN UGANDA MOBILE MONEY Account, and/or to borrow money from the Bank as follows:

1. 1. 1. As a holder of the MoKash Account, you may make deposits into or withdrawals from your MoKash Deposit Account using the MoKash Menu on your Equipment. The transaction fees payable to MTN UGANDA for transactions effected in respect of your MoKash Account from time to time will apply to any transactions effected in respect of your MoKash Account using the MTN UGANDA MOBILE MONEY System.

1. 1. 2. As a holder of the MoKash Account, you may make deposits into from your MoKash Deposit Account using the Auto Savings functionality available on your MoKash Menu on your Equipment. We solely rely on the information you provide to effect the transfers using the amounts, dates and frequencies stated and neither the Bank nor MTN Uganda are liable for the information provided.

1. 1. 3. transaction fees payable to MTN UGANDA for transactions effected in respect of your MoKash account from time to time will apply to any transactions effected in respect of your MoKash Account using the MTN UGANDA MOBILE MONEY System.

      4. Interest may be paid on the MoKash Deposit Account at periodic intervals as determined by the Bank and/or upon respective maturity dates of such deposits at such rate as may be determined by the Bank.

5. 2. 1. As a holder of the MoKash Account, you may, subject to these Terms and Conditions, apply for a loan from the Bank using the MoKash Menu on your Equipment.

5. 2. 2. Where you apply for a loan from the Bank, your application shall be appraised according to the applicable loan appraisal processes of the Bank. The Bank reserves the right at its sole discretion and without assigning any reason to approve or decline your application for a loan.

5. 2. 3. Subject to approval of your application for a loan the Bank shall disburse to you a loan of an amount to be determined by the Bank in its sole discretion subject to a minimum amount of Uganda Shillings Three Thousand (UGX 3,000/=) and a maximum amount of Uganda Shillings One Million (UGX 1,000,000) or such other minimum or maximum amount as the Bank may from time to time in its sole discretion determine (the “Loan”).

5. 2. 4. The proceeds of the Loan shall be credited into your MTN UGANDA MOBILE MONEY Account subject to any deductions on account of applicable Transaction Fees.

5. 2. 5. You shall repay the Loan within thirty (30) calendar days of the date of disbursement of the Loan.

5. 2. 6. In consideration of the Bank granting you the Loan, you shall pay the Bank a facility fee being 9% of the Loan amount (the “Facility Fee”). The Facility Fee shall be paid by you in arrears in addition to the Loan.

5. 2. 7. You shall make all payments due from you to the Bank in respect of the Loan and Transaction Fees using the MTN UGANDA MOBILE MONEY Service and the System only unless otherwise agreed by the Bank in its discretion.

5. 2. 8. In the event that you do not repay the Loan in full within thirty (30) calendar days of the date of disbursement of the Loan, the Bank will automatically roll over any outstanding amount in respect of the Loan including the Facility Fee for a further period of thirty (30) calendar days.

5. 2. 9. In consideration of the Bank forbearing to demand the immediate payment of the outstanding amount due in respect of your Loan and rolling over the same pursuant to Clause 5.2.8, you shall, in addition to paying the outstanding amount in respect of the Loan any outstanding Facility Fee, pay to the Bank a roll-over fee being 9% of the outstanding amount in respect of the Loan (the “Roll-Over Fee”).

5. 2. 10. The Bank shall be entitled to terminate this Agreement and close your MoKash Account in accordance with the provisions of Clause 13 without prejudice to any of its rights accruing hereunder if you fail to repay the Loan and/or the Transaction Fees due thereon within sixty (60) calendar days of the disbursement of the Loan.

5. 2. 11. The Bank shall hold your funds in your MoKash Deposit Account as collateral and security for any amounts outstanding and due from you to the Bank in respect of your MoKash Loan Account. You hereby agree and confirm that the Bank is entitled in its discretion to prevent or restrict you from withdrawing in whole or in part the funds in your MoKash Deposit Account for so long as and to the extent of the amount outstanding in respect of your MoKash Loan Account without the Bank giving any notice to you and/or without incurring any liability to you whatsoever in that connection.

5. 2. 12. The Bank reserves the right to vary the terms of the Loan including the fees payable thereon from time to time having regard to the prevailing rules and regulations of Bank of Uganda and the policies of the Bank.

5. 2. 13. The Bank shall have a right of lien and set off over funds held by you in your MoKash Deposit Account, any other MoKash Account held by you and/or any other account held by you in the Bank.

5. 2. 14. The Bank, in partnership with MTN shall have a right of lien and set off over funds held by you in your MTN Mobile Money account.

5. 2. 15. You hereby expressly consent and authorize the Bank to disclose, respond, advise exchange and communicate the details or information pertaining to your MoKash Account to Credit Reference Bureaus as required under the Banking Act.

1. In order to use the Fixed Savings Account with the Bank, you must be a registered MTN Uganda subscriber, a MoKash Account holder and you must have activated your Fixed Savings Account in accordance with this clause 5.3.

2. All instructions to the Bank to activate, manage and operate the Fixed Savings Account and to move money to and from your MoKash Account for purposes of the Fixed Savings Account shall be made electronically through the Fixed Savings System Menu.

3. To activate your Fixed Savings Account, you must select the Open Fixed Savings option, or such other option made available for that purpose on the Fixed Savings System Menu, and transfer the Principal Amount from your regular MoKash Account to the Fixed Savings Account.

4. Upon activation and successful transfer of the Principal Amount to the Fixed Savings Account, you will receive an SMS confirming activation, the Principal Amount and the Lock Period.

5. Subject to this clause 5.3 you will be required to maintain the Principal Amount for the duration of the Lock Period during which period such Principal Amount shall be unavailable for use.

6. At the end of the Lock Period, the Bank will credit your regular MoKash Account with the Principal Amount and the Interest accrued.

7. Without prejudice to the foregoing, you may add more funds to the Fixed Savings Account and set a different lock period. Such funds may be accessible at the end of such lock periods or in accordance with the provisions of clause 5.3 of these Terms and Conditions.

8. Any query and complaint you may have relating to the Fixed Savings Account shall be addressed to the Bank through MTN Uganda Customer Care Centre or Retail Shops.

9. Subject to the provisions of this clause 5.3, you may access the Principal Amount before the end of the Lock Period.

10. In order to access the Principal Amount before the end of the Lock Period the Customer shall Request the Bank through the Fixed Savings System Menu by selecting the withdraw funds option or such other option made available on the Fixed Savings System Menu for that purpose (hereinafter in referred to as “Withdraw Funds”).

11. The Bank will credit your regular MoKash Account with the Principal Amount and the Interest accrued up to the point of withdrawing funds after forty eight (48) hours from the time in which the Customer makes a Withdraw Funds request in accordance with this Clause.

12. Upon the successful completion of the withdraw funds Request, you will be informed by way of an SMS from the Bank that the Principal Amount and the Interest accrued to date have been transferred to your regular MoKash Account.

13. Subject to clause 5.3.16 below, you may check the balance of the funds in your Fixed Savings Account by way of the Check Balance option or such other option made available for that purpose on the Fixed Savings System Menu using your Equipment. You will receive a USSD System pop up message or an SMS disclosing the balance in your Fixed Savings Account.

1. 1. You hereby agree to pay all Transaction Fees payable in connection with your use of the Services.

1. 2. You shall pay to the Bank and the Bank is entitled deduct from your MoKash Account (without reference to you):

1. 1. 1. any Transaction Fees payable in respect of the Services;

1. 1. 2. any legal charges including advocate and client costs incurred by the Bank in obtaining legal advice in connection with your M- Shwari Account and your dealings with the Bank or incurred by the Bank in any legal, arbitration or other proceedings arising out of any dealings in respect of your MoKash Account; and

1. 1. 3. all other fees, expenses and taxes, duties, impositions and expenses incurred in complying with your Requests.

   3. You hereby agree to pay costs charges and expenses incurred by the Bank in obtaining or attempting to obtain payment of any loan owed under your MoKash Loan Account.

1. 1. You may request for a statement or activity report in respect of your MoKash Account from the Bank using your Equipment (“MoKash Mini Statement”).

1. 2. A MoKash Mini Statement shall provide details of the last 5 (five) transactions (or such other number of transactions as determined by the Bank) in your MoKash Account initiated from your Equipment.

1. 3. An MoKash Mini Statement shall not be sent to you in printed form but shall be delivered to you either by SMS to the MTN UGANDA Mobile Phone Number associated with your MTN UGANDA MOBILE MONEY Account or such other electronic means as the Bank may in its discretion determine. You shall be responsible for the payment of any charges levied by MTN UGANDA in delivering the MoKash Mini Statement to you.

1. 4. You may obtain printed MoKash Mini Statements or a printed bank statement pertaining to your MoKash Account from the MTN Uganda Customer Care Centre. You shall be responsible for the payment of any charges levied by the Customer Care Centre for such printed statements.

1. 5. Save for a manifest error, a MoKash Mini Statement or bank statement issued to you aforesaid in respect of your MoKash Account shall be conclusive evidence of the transactions carried out on your MoKash Account for the period covered in the MoKash Mini Statement and/or bank statement.

1. 1. You hereby irrevocably authorize the Bank to act on all requests received by the Bank from you (or purportedly from you) through the System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.

1. 2. If you request the Bank to cancel any transaction or instruction after a request has been received by the Bank from you, the Bank may at its absolute discretion cancel such transaction or instruction but shall have no obligation to do so.

1. 3. The Bank shall be entitled to accept and to act upon any request, even if that request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank believes that it can correct the incomplete or ambiguous information in the request without any reference to you being necessary.

1. 4. The Bank is authorized to effect such orders in respect of your MoKash Account as may be required by any court order or competent authority or agency under the applicable laws.

1. 5. In the event of any conflict between any terms of any request received by the Bank from you and these Terms and Conditions, these Terms and Conditions shall prevail.

1. 1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.

1. 2. You shall be responsible for ensuring the proper performance of your Equipment. The Bank shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall the Bank be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and the Bank shall not be responsible for losses or delays caused by any such service provider.

1. 3. You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by the Bank concerning the use of the System and Services.

1. 4. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your MTN UGANDA MOBILE MONEY PIN secret and secure. You shall ensure that your MTN UGANDA MOBILE MONEY PIN does not become known or come into possession of any unauthorized person. The Bank shall not be liable for any disclosure of your MTN UGANDA MOBILE MONEY PIN to any third party and you hereby agree to indemnify and hold the Bank harmless from any losses resulting from any MTN UGANDA MOBILE MONEY PIN disclosure.

1. 5. You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from the Bank are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.

1. 6. You shall immediately inform the Bank through the Customer Care Centre in the event that:

1. 1. 1. You have reason to believe that your MTN UGANDA MOBILE MONEY PIN is or may be known to any person not authorized to know the same and/or has been compromised; and/or

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

9. 7. You shall at all times follow the security procedures notified to you by the Bank 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 MoKash Account’s confidentiality. 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 to do so.

9. 7. You shall not at any time operate or use the Services in any manner that may be prejudicial to the Bank.

1. 1. The Bank shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within the Bank’s control including, without limitation, force majeure or error, interruption, delay or non- availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.

1. 2. The Bank will not be liable for any losses or damage suffered by you as a result of or in connection with:-

1. 1. 1. Unavailability of sufficient funds in your MTN UGANDA MOBILE MONEY Account and/or in your MoKash Account;

1. 1. 2. failure, malfunction, interruption or unavailability of the System, your Equipment, the Network, MTN UGANDA MOBILE MONEY System and/or MTN UGANDA MOBILE MONEY Service;

1. 1. 3. the money in your MoKash Account being subject to legal process or other encumbrance restricting payments or transfers thereof;

1. 1. 4. your failure to give proper or complete instructions for payments or transfers relating to your MoKash Account;

1. 1. 5. any fraudulent or illegal use of the Services, the System and/or your Equipment; or

1. 1. 6. Your failure to comply with these Terms and Conditions and any document or information provided by the Bank concerning the use of the System and the Services.

10. 3. If for any reason other than a reason mentioned in subparagraphs 10.1 or 10.2, the Services are interfered with or unavailable, the Bank’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.

10. 3. Save as provided in subparagraph 10.3 the Bank shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.

10. 3. Under no circumstances shall the Bank be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to the Bank.

10. 3. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

You acknowledge that the intellectual property rights in the System (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that the Bank provides to you through the System or otherwise are vested either in the Bank or in other persons from whom the Bank has a right to use and to sub-license the System and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of the Bank.

1. 1. In consideration of the Bank complying with your instructions or Requests in relation the MoKash Account, you undertake to indemnify the Bank and hold it harmless against any loss, charge, damage, expense, fee or claim which the Bank suffers or incurs or sustains thereby and you absolve the Bank from all liability for loss or damage which you may sustain from the Bank acting on your instructions or requests or in accordance with these Terms and Conditions.

1. 2. The indemnity in clause 12.1 shall also cover the following:

1. 1. 1. All demands, claims, actions, losses and damages of whatever nature which may be brought against the Bank or which it 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 the Bank’s 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 the Bank.

1. 1. 2. 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.

1. 1. 3. Any unauthorized access to your MoKash 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.

1. 1. 4. 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 the Bank as a consequence of any breach by these Terms and Conditions.

1. 1. 5. Any damages and costs payable to the Bank in respect of any claims against the Bank for recompense for loss where the particular circumstance is within your control.

1. 1. The Bank may at any time, upon notice to you, terminate or vary its business relationship with you and close your MoKash Account and in particular but without prejudice to the generality of the foregoing the Bank may cancel credits which it has granted and require the repayment of outstanding debts resulting therefrom within such time as the Bank may determine.

1. 2. Without prejudice to the Bank rights under clause 13.1, the Bank may at its sole discretion suspend or close your MoKash Account:

1. 1. 1. if you use the MoKash Account for unauthorized purposes or where the Bank detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

1. 1. 2. if your MTN UGANDA MOBILE MONEY Account or agreement with MTN UGANDA is terminated for whatever reason;

1. 1. 3. if the Bank is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;

1. 1. 4. if the Bank reasonably suspects or believes that you are in breach of these Terms and Conditions (including non-payment of any Loan amount due from you where applicable);

1. 1. 5. where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;

1. 1. 6. to facilitate update or upgrade the contents or functionality of the Services from time to time;

1. 1. 7. where you remain inactive for any period of time determined by the Bank in its reasonable discretion; or

1. 1. 8. If the Bank decides to suspend or cease the provision of the Services for commercial

reasons or for any other reason as it may determine in its absolute discretion.

13. 3. You may close your MoKash Account at any time at any MTN Uganda Customer Care Centre.

13. 3. If your MoKash Account has any credit balance at the time of its closure, we will return any such balance to you, less any applicable fees. If your MoKash Loan Account is in arrears at the time of closure of your MoKash Account, you agree to pay to us immediately all amounts you owe us.

13. 3. Termination shall however not affect any accrued rights and liabilities of either party.

13. 3. If the Bank receives notice of your demise, the Bank will not be obliged to allow any operation or withdrawal from your MoKash Account by any person except upon production of Grants of Letters of Administration or Probate by your legal representatives duly appointed by the Court.

1. 1. You hereby expressly consent and authorize the Bank to disclose receive record or utilize your personal information or information or data relating to your MoKash Account and any details of your use of the Services:

1. 1. 1. to and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;

1. 1. 2. to and from the Bank’s service providers, dealers, agents or any other company that may be or become the Bank’s subsidiary or holding company for reasonable commercial purposes relating to the Services;

1. 1. 3. to a Credit Reference Bureau;

1. 1. 4. to the Bank’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;

1. 1. 5. to MTN UGANDA in connection with the MTN UGANDA MOBILE MONEY Service and the Services;

1. 1. 6. for reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and

1. 1. 7. in business practices including but not limited to quality control, training and ensuring effective systems operation.

1. 1. These Terms and Conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.

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

1. 3. The Bank may vary or amend at any time and without notice to you these Terms and Conditions and the Transaction Fees. Any such variations or amendments may be published in posters or pamphlets available at MTN UGANDA’s Agents outlets, in the daily newspapers, on the Bank and/or MTN UGANDA’s website and/or by any other means as determined by the Bank and any such variations and amendments shall take effect immediately upon publication.

1. 4. No failure or delay by either yourself or the Bank 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.

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

1. 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.

1. 7. Any addition or alteration to these Terms and Conditions may be made from time to time by the Bank and of which notice has been given to you by way of publication as provided in subparagraph 15.3 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.

16. 1. 1. The Bank may send information concerning the MoKash Account via SMS to the MTN UGANDA Mobile Phone number associated with your MTN UGANDA MOBILE MONEY Account.

16. 1. 2. You acknowledge that you have no claim against the Bank for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the MoKash Account.

1. 1. You may contact the MTN Uganda Customer Care Center to report any disputes, claims or MoKash Account discrepancies.

1. 2. Any dispute arising out of or in connection with this Agreement that is not resolved by MTN Uganda Customer Care Centre representatives 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 Chairman of the Centre for Arbitration and Dispute Resolution who shall be the final appointing authority.

1. 3. Such arbitration shall be conducted in the English language in Kampala in the Republic of Uganda under the provisions of the Arbitration and Conciliation Act, Cap 4 as amended from time to time.

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

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

The MoMo Nyabo Terms And Conditions

By participating in the Pay and Win Promotion – MoMo Nyabo Together 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.

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 0393002010

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.

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 fulfillment 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.

The MTN Pulse TikTok Challenge Terms and conditions.

By participating in the campaign you permit MTN to use your video in MTN’s marketing communication for the period of 12 months.

All entries will be the property of MTN. The videos entrants provide will be used by MTN for the purpose of running this campaign.

You have to be an MTN Customer to qualify to be a winner.

Winners will be selected based on the number of likes on their tik tok video

We shall have Bi-weekly shows to announce prize winners with a grand finale on 30th July 2020.

The top 40 videos with the most likes will be requested to share their contacts and will be awarded 3GB month data each after or during the Bi weekly show.

The top 10 videos with the most like will each get 200,000 sent via mobile money.

The prize must be taken “as offered” and cannot be varied or extended or transferred or exchanged.

Customers are required to claim their prizes with 30 days from being announced winners.

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.

All participants must be on MTN Pulse and living in Uganda.

MTN Kafyu Calls Terms and conditions.

On the 1^st April, the government instituted a lock-down affecting many Ugandans that earn on a daily basis.

In a bid to drive affordability of communication for our customers hence allowing them to check on their family members, MTN Uganda is introducing a promotion dubbed “Kafyu Calls” where customers can make affordable calls at night at a nominal daily subscription of UGX 100/-.

Below are the terms and condition of this promotion:

This promotion is available to all mobile customers both prepaid and postpaid

Any customer can subscribe to Kafyu calls by dialing *160*19# directly or through our main short-code menus of *160# and *165# and selecting voice bundles.

The customer can also subscribe through My MTN App

Kafyu calls are accessed through a daily subscription fee of 100/- ( tax inclusive).

The customer gets 60Mins that they can use to call between 10pm on the day of purchase and 8am the following day

The customer can subscribe using Airtime or MoMo

The promotion will run for 45 days from 10^th April 2020 to 24^th May 2020

The “Work From Home” data bundle Terms And Conditions

The volume is 1GB

The cost is Ushs 2,000/-

Validity is 9 am – 5 pm daily

All unused data expires after 5 pm

The “Work From Home” data bundle can be purchased outside the 9 am – 5 pm window

If purchased outside the 9 am – 5 pm window, the “Work From Home” data bundle will be used in the next 9 am – 5 pm window

Customers can load the “Work From Home” data bundle as many times as they want

A customer can buy the “Work From Home” data bundle for another MTN data customer

Payment for the “Work From Home” data bundle is exclusively through MTN Mobile Money

This offer valid for 30 days