DEFINITIONS
App, Application or System
- this refers to MTN’s application that enables the sending of messages via multiple channels.
Network Operator
- means any party licensed to install, operate and maintain a cellular telephony network;
Services
- shall mean and include all products and services offered or provided to Users by BulkSMS, Email, etc.
User
- shall mean any natural or legal person who makes use of any of the services or who uses or visits the application
Privacy
- means the protection of information that identifies and or concerns an individual or a group
SERVICES
MTN shall endeavor to make available uninterrupted use of its system and delivery of all
messages sent using its application. However, the delivery of messages in this case SMS
messaging is largely dependent on the effective functioning of Network Operators' cellular
networks, network coverage and the recipient's mobile handset. MTN does not and cannot
guarantee the availability of any Service, the delivery of SMS messages or the compatibility
between any message or content format and any mobile handsets or mobile operating systems.
The various Network Operators may modify, enhance, develop or discontinue components of
their services at any time without prior notice to us, in which event MTN shall in turn
modify, enhance, develop or discontinue with the affected Services to Users without notice.
MTN shall endeavor to inform users of any updates, upgrades or downtimes to be experienced
on its application so far as it is reasonably practicable.
Messages shall be deemed to have been delivered when MTN has transmitted the messages to the
appropriate network and has received feedback status on same,
MTN shall have the right to withhold, terminate or suspend the provision of Services to a
User at any time if not doing so may affect the brand of MTN or impact negatively on its
services. The user shall not be refunded any cash instead of unused credit. Users are
therefore cautioned against the below and others like it:
- The sending of spam on the platform
- The use of the system to terminate fraudulent messages
- The use of the application for phishing. Users hereby indemnifies MTN against any
fine
imposed on MTN or any damages suffered by MTN because of any act or omission of the
User that amounts to a breach of any law or code of conduct to which MTN may be
subject. Upon notification of any such fine or damages, Users agree to immediately
pay the amount of such fine or damages to MTN. Any amount not paid to MTN within 48
hours of notification thereof shall accrue interest at the prevailing commercial
bank rate
per annum.
SECURITY
To use the platform, a User is required to complete the registration process and must provide MTN with up to date, complete and accurate information as requested by MTN. Failure to provide accurate and complete information on registration may result in termination and deletion of the Users account. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for all activities that occur in its account and shall be strictly liable to make payment of all charges incurred under its account whether these charges are incurred by the User or any other person, authorized or unauthorized, intentionally, or unintentionally, or because of any virus, hack, or security breach.
Users agree to notify MTN immediately of any unauthorized use of their account(s) or any other breach of security.
If a User wishes to replace the name, details, person/employee using a specific MTN account of the User and wishes to prevent the individual or person from accessing the account, the account holder shall inform MTN in writing of this change and change all details on the account accordingly. MTN may refuse to act on the instructions of an account holder where the account holder fails to provide sufficient proof of its identity as the account holder and the authority of the person purporting to represent it in making such a request and MTN shall have no liability to the account holder or the individual person where it refuses to act in the absence of such proof, nor where it acts in good faith reliance of any information submitted to it in support of any such request made by any person purporting to represent the account holder, including in respect of any claims for breach of privacy, security or confidentiality.