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

Fight Corona offer MTN Mobile Money offer – Terms And Conditions

MTN Mobile Money customers can send any amount of Mobile Money every day to other MTN MoMo customers free of charge

Every registered MTN Mobile Money customer is entitled to an unlimited number of transactions per day.

This offer is between MTN to MTN transactions and is not applicable to international transactions or those between MTN and other local networks

This offer is valid for 30 days

All other MTN MoMo terms & conditions apply.

SIM Card Terms And Conditions

Terms and conditions for purchase and/or use of MTN Pay as you Go Starter Pack

Your cell phone number (“MSISDN”) is printed on the SIM CARD packet with this Starter SIM PACK (“kit”).

If you do not connect your SIM card to the MTN network within SIX (6) months of purchasing it or do not utilize it on the MTN network for a period of 90 consecutive days (a chargeable call excluding SMS needs to be made), MTN shall be entitled to cancel the MSISDN number.

Should you wish to continue to make calls on the MTN Network, MTN reserves the right to change the period within which to connect your SIM card to the MTN Network, and this shall be at MTN’s sole discretion.

The SIM Card contained in this kit allows you to make local, and International calls on the MTN network.

All calls made shall be billed depending on the prepaid price plan chosen. We currently have 6 tariff plans.

4.1 MTN Per Second: calls will be charged in per second-time units for the duration of the call. The full charge will be levied for all the seconds utilized. This applies to calls made using the standard Voice. This is the default tariff on the MTN PayAsYouGo sim card.

4.2 MTN Late Chat: this package is suitable for people who make lots of late-night calls and send lots of SMSs. Rates are discounted at the selected times.

4.3 MTN PayAsYouGo Flat: This package offers you a flat rate regardless of whether you are calling at peak, off-peak or discount hours, 24/7.

4.4 MTN PayAsYouGo Standard: This is a prepaid package tailored for customers who prefer making most of their calls during the discount time.

4.5 MTN PayAsYouGo Plus: This a prepaid tariff that enables you to access lower tariffs over a thirty day period on loading an MTN PayAsYouGo Plus card.

4.6 MTN Zone: is a product that gives you discounted tariffs up to 99% everywhere you go from time to time and you are guaranteed a minimum discount of 10% anytime.

Please Note:

a) The Prepaid Price Plan indicated above may be changed at any time by MTN without prior notification.

b) You may change your prepaid price profile/Tariff plan at a cost determined by MTN. The procedure of changing the Tariff plan will be advertised in the press and handouts. You can also visit any MTN Customer Service Centre or Call an MTN TOLL FREE HELPLINE – 123 for assistance in this regard.

The MTN Pay as you Go tariff guide sets out the prices of calls payable for access to MTN Network.

MTN reserves the right to alter such prices and fees at any time and without any prior notice.

Should you receive a call on your cell phone, the cost of such a call shall be for the caller’s account at the rate applicable on the relevant network used by the caller. Except that for international roaming you will pay for the roaming charges on incoming calls.

MTN is not responsible for any calls and/or services being cut off due to your credit having expired or for any other reason.

MTN will, however, advise you that your airtime balance on MTN Per second and MTN PayAsYouGo Flat tariff at the end of each call. You will also be notified on your balance by;

7.1 USSD notification at the End of a call (MTN Latechat, MTN PayAsYouGo Flat, MTN Zone, MTN Per second)

7.2 USSD notification for Bonus on MTN CashBack (on all tariff plans).

7.3 In-call voice announcement (call cut off warning announcement 20 seconds before the call is cut off) – on all tariff plans.

MTN is not responsible for any calls being interrupted and/ or failing for any reason or for any interruption in Network services.

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

Your SIM card may allow you to access other value-added services which are supported by other service providers.

You will be notified of the terms relating to such value-added services upon subscription therefor.

It is expressly understood by the customer that MTN shall not in any way be for any interruption or degradation of any such value-added services any more than it (MTN) would be hereunder.

Risks in and to the products, services contained in this kit transfers upon delivery of the kit to you.

Accordingly, MTN takes no responsibility for any loss or damage of any of the contents of this kit, including inter alia the SIM Card or airtime card where applicable. In the event of losing your cell phone, airtime and /or SIM Card, such items must be replaced at your own cost.

MTN is under no obligation to give you any proof of how your airtime has been used or of any calls made or received on your cell phone.

Accordingly, MTN is under no obligation to give itemized information with respect to any call records for your cell phone or MSISDN.

In the event of any query regarding airtime usage, please call the toll free line 123, email; customerservice@mtn.co.ug or visit an MTN Customer Service Center for assistance. Please note: The Toll-free line numbers may be changed from time to time with or without notice.

For security reasons, should you incorrectly enter your PIN code more than three (3) consecutive times, your SIM card will be blocked in which event you shall not be able to make or receive calls on the SIM card.

You can unblock your sim card by simply entering the “PUK” number printed on your cardholder into your cell phone.

In the event that you block your sim card the second time, you are advised to see our customer advisers at MTN Service centre for assistance.

Please ensure that the security seal surrounding the kit is opened in your presence, as MTN is not responsible for any missing contents from this kit should the seal have been opened prior to its delivery to you.

Should you lose your SIM card and/or cell phone you should report this to MTN immediately.

In the event of losing your SIM card, you have the choice of either purchasing a new SIM Card with a new MSISDN or effecting a SIM swap from an MTN Authorised Dealer or MTN Service Centre in accordance with any relevant regulatory requirements.

In purchasing this kit:

17.1 You acknowledge that MTN shall not be liable for any loss, injury or damage to any person arising out of the possession and/or use of your cell phone or the contents of this kit.

17.2 You indemnify MTN and hold it harmless from and against any liability arising out of claims made against MTN, its employees and/or its agents in connection with the use of the cell phone and the contents of this kit. Furthermore, you acknowledge that MTN shall not be liable for any loss or damage or injury to you or any person arising out of the possession and/or use of your cell phone or the contents of the kit.

You may not in any way tamper with, modify or decompile your SIM Card.

In the event that MTN has reason to believe that you have tampered with your SIM Card, MTN reserves the right to suspend your network services.

Without detracting from any other provisions of these terms and conditions, MTN shall not be liable to you for loss or damage suffered by you and whether same is direct or consequential in the event that loss or damage was caused by any negligent act or omission on the part of MTN, its employees and/or its agents.

No warranties are given on the relation to the MTN network.

You are entitled to refer any disputes relating to the MTN Network to the Uganda Communications Commissions or any other independent Communications Authority of Uganda.

In the event of the VAT and Excise duty rate being varied in any way, the number of units contained in your airtime card will decrease or increase proportionately.

MTN reserves the right to, without notice, to change the method by which you purchase your Prepaid Airtime on the Network.

Any services made available to you upon your purchase of this kit may be varied by MTN from time to time. Furthermore, the charges of such services (if any) may be varied by MTN without notice.

Upon termination of the provision of Network services to you for any reason, you will forfeit any airtime not utilised at the date of termination.

MTN reserves the right to amend the terms and conditions relating to the services.

Where MTN decides in its discretion to give notification to its customers of any changes or terms relating to its services, such notice shall be given in the press or any medium which MTN in its discretion selects.

Such notice shall be deemed to have been received by MTN’s customers and to be sufficient.

General Terms And Conditions for the MTN Website

MTN shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any person who accesses or uses this website (“the User”) as a result of the User accessing this website, utilizing any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

1.1 errors or discrepancies in the information provided

1.2 any unauthorized access of this website by third parties

1.3 any breakdown or failure of any equipment or medium of access to this website

1.4 any failure or unavailability of any of MTN’s or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website

1.5 the destruction or accessing of the User’s data or equipment

1.6 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.

The User hereby indemnifies MTN against any demand, claim or action against MTN relating to or in connection with the User’s use or accessing of this website whether directly or indirectly for any reason whatsoever.

3 MTN reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part thereof at any time.

Unless expressly stated to the contrary MTN owns the intellectual property rights in and to this website and the unauthorized use thereof is expressly prohibited.

1.1  I/ We acknowledge that the purpose of the competition is the submission of a one-minute video describing my/ our next dream to the MTN Website and the competition will require a review by a judging committee.

1.2  I/ We understand the nature of the competition and by agreeing to the Terms and Conditions, I/ We hereby consent to the recording and use of my/ our contribution to the competition in accordance with terms and conditions herein stated.

1.3 There is no entry fee to the ‘What’s your next dream’ online competition.

1.4 Only one entry will be accepted per person/ group. Multiple entries from the same person/ group shall be disqualified.

2.1 All contestants must be 18 years and above in order to participate.

2.2 The Competition is open to all citizens of Uganda, official residents and those legally working in Uganda.

2.3 MTN Staff are NOT eligible to participate.

2.4 All participants with criminal records shall be automatically disqualified.

3.1 We hereby warrant that We have not entered into any commercial, sponsorship or other partnership agreement or arrangement with any person, firm or company in respect of my/our entry in the competition and/or my next dream application and will not do so.

4.1 All Contestants must provide a 45 to 60-second video that is not more than 200MB in size in order to qualify for the competition. The video must not be edited, distorted or enhanced in any way.

4.2 The Contestant’s video must not contain any material which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or which infringes the rights of any third party. You also agree not to advertise or promote third parties’ or your own goods or services in the video

4.3 By submitting  your video, you hereby grant us an irrevocable license to use, edit, reproduce, distribute, transmit, broadcast, make available and display your video (or part of your video) (including but not limited to your performance) without charge by any medium or method now known or later invented including without limitation online or on television to be exercised in our sole discretion throughout the world in perpetuity. You agree to waive, and that the director of your video has waived any moral rights that may exist in relation to your video.

5.1 If Contestants/Acts start as a duo, trio or group they must continue through the competition in the same format and cannot, under any circumstances, split and compete as soloists.

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

7.1 We understand and acknowledge that the video involves some degree of risk of personal injury.
We warrant that We are medically sound, physically fit and have sufficiently prepared or trained for participation in the video recording.
We agree to abide by and follow the rules and regulations established for the recording and submission of the video.

8.1 We hereby indemnify and hold harmless MTN, its officials, agents, volunteers and employees against any liability, injury or death that I/We may sustain as a result of participating in any and all activities connected with or associated with the ‘What’s your next dream’ online competition.

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

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

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

9.2 MTN has the right to remove and/or reject any video that violates intellectual property rights of others (including trademark, copyright, and other proprietary rights) or video content that encourages or induces infringement of intellectual property rights.

10.1 MTN reserve the right to choose who takes part in the auditions based on the online application submissions on this site. Contestants will be notified via SMS should their application be successful and notified on the venue of the auditions.

10.2 By Participating in the ‘What’s your next dream’ online competition, you further grant and assign to MTN an irrevocable, perpetual, royalty-free, transferable license to use the video for Media, PR and any other communication-related activities.

10.3 You also acknowledge that MTN shall be the only brand with the right to use the video(s) for Media, PR and other communication-related activities.

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

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

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

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

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

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

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

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