Terms & Conditions

END USER TERMS AND CONDITIONS

NOTE:

A. The following Terms and Conditions contain assumptions of risk and/or liability by the MTN Subscribers (hereinafter referred to as “Customers/You”) and limit and exclude liabilities, obligations, and legal responsibilities which MTN RWANDACELL PLC, Registration Number 100019148 (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude the rights and remedies of MTN and place various risks, liabilities, obligations, and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and MTN may also have claims and other rights against you.

B. Please read these Terms and Conditions carefully. Participation in this Offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Offer.

C. Please note that these Terms and Conditions are subject to your Subscriber Contract Terms and Conditions.

1. The MTN Rwandacell Ihereze Offer (the “Offer”)

1.1 The Offer provides customers with a service that allows them to receive an airtime and/or bundle advance when they run low on their balance. The service ensures that customers can always be connected even if they may run out of airtime and do not have the possibility to recharge (the “Offer/ Offering”).

2. Qualifying Customers

2.1 The Offer is available to the following MTN customers:

2.1.1 MTN prepaid subscribers who successfully meet the qualifying criteria (“Qualifying Customers”).

3 The Offer

3.1 Qualifying Customers may obtain airtime and bundles on credit and pay it back on their next recharge.

4 Terms and Conditions

4.1 To qualify for the Offer, Customers will be profiled according to the following criteria:

4.1.1 SIM Registration Status

4.1.2 Age on network

4.1.3 Frequency of recharges

4.1.4 Average revenue per user

4.1.5 Status on the MTN network and status history

4.1.6 Customers’ Ihereze usage and repayment history; and

4.1.7 Customers’ Ihereze loan status

4.2 Customers deemed qualified in line with these criteria are then allowed to use the Ihereze service. Customers who are deemed unqualified will receive a message informing them that they are not qualified to access the Ihereze service at the present time.

4.3 The offer can be used for all types of tariffs, rating, and pricing, including but not limited to:

4.3.1. Making calls

4.3.2. Sending SMS

4.3.3. Browsing the internet (PAYG)

4.3.4. Purchase of data bundles

4.3.5. Purchase of combination bundles

4.3.6. Purchase of content and premium services

4.3.7. Sending airtime to another MTN customer

4.3.8. International calls

4.4 Customers will be charged a 15% Service Fee per transaction to utilise the Ihereze product (“Service Fee”).

4.5 The loaned amount, together with the Service Fee, will be deducted when the customer next recharges their account. The customer must recharge within three (3) months after the initial airtime advance took place. After this period, the Customer will be barred from accessing the service, until such time that either the Customer’s SIM Card is deactivated or the Customer next recharges.

4.6 The Customer is responsible for providing accurate information on the Ihereze advance amount required. An Ihereze request cannot be cancelled once it is submitted.

4.7 Once an Ihereze advance is made, MTN reserves the right to make deductions from the Customer’s airtime automatically and without prior consent, until the Ihereze advance amount and Service Fee are recovered in full. The Ihereze advance may be recovered in lump sum or instalments, until it is recovered in full.

4.8 Partial and full deductions will be supported:

4.8.1 A partial deduction occurs when a customer does not have enough airtime to pay the debt in full. The Customer’s account will be deducted by the airtime amount currently available, and the remaining debt will be deducted on the Customer’s next recharge.

4.8.2 A full deduction occurs where the Customer’s airtime balance is sufficient to deduct the full amount owed.

4.9 The Customer will receive an SMS for each transaction.

4.10 Without prejudice to any other remedies available at law, MTN reserves the right to immediately terminate use of the services by the Customer, if it has reason to believe that the Customer is using - or has used at any time - the service in a manner that is unauthorized, unlawful, or fraudulent.

5 Modification of Terms and Conditions

5.1 MTN reserves the right, at any time, to change, vary, amend, or replace these Terms and Conditions and any rules relating to this Offer, its promotions, its products, and services and to modify its promotions, its products, and services at its discretion, with relevant notice to the Customer.

5.2 Refer to www.mtn.co.rw to view product and service rules as well as updated Terms and Conditions. Any changes to rules and/or Terms and Conditions are effective, and the notice to the Customer shall be deemed sufficient from the date that they are published on the above-mentioned website or elsewhere in any media.

5.3 MTN reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability the Customer or any third party. MTN will under no circumstance be liable to the Customer for any error, delay, failure or non-availability of the service, and the Customer indemnifies MTN against any damage or loss sustained because of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or nonavailability of the service. Visit to www.mtn.co.rw regularly for notices, updates and/or changes to services.

5.4 MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.

5.5 As changes will be posted on to www.mtn.co.rw, the Customer’s continued use of the products and/or services with the amended rules and/or Terms and Conditions will be deemed to be accepted by the Customer. It remains the Customer’s responsibility to review the Terms and Conditions regularly.

6 Limitation of Liability

6.1 MTN and its partners will not be liable to the Customer or to any other person for any loss or damage suffered (whether it is direct or indirect):

6.1.1 If the MTN network services are interrupted, suspended, or cancelled for whatever reason; or

6.1.2 If MTN does not suspend the provision of the MTN network services to the Customer after the Customer specifically requested MTN to do so; or

6.1.3 If the loss or damage was caused by any negligent act or failure to act by MTN, its employees, service providers or agents; or

6.1.4 As a result of the use of any device supplied to the Customer by MTN relating to this service

6.1.5 In any event, to the extent permissible by law, the liability of MTN and its employees, service providers, agents, or subcontractors in connection with provision of the Service shall be limited to direct damages.

7 General

7.1 MTN is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services.

7.2 The Customer will be able to access services only when they are in the Republic of Rwanda, in an area covered by the MTN network.

7.3 The Customer will be solely responsible for all products and services contained in the Offer from delivery of the Offer to the Customer. Accordingly, MTN takes no responsibility for any loss or damage of any of the contents of this Offer including the SIM card, where applicable, or any MTN internet bundle credits associated with the SIM Card. In the event of theft or loss of your device and/or SIM card, such items must be replaced at your own cost; you are obliged to report such loss or theft to the Police Services immediately, and to request MTN to suspend such SIM Card