THE SERVICE TERMS AND CONDITIONS FOR USE OF MTN PROTECT SERVICE The MTN Protect Service allows subscribers to locate their cellphones and other smart devices which are sim enabled when misplaced, lost or stolen. By using the MTN Protect service, proposed by MTN Ghana, as well as the use of MTN Protect website (www.mtn.com/portal/mtnprotect), the User hereby fully and completely accepts these terms and conditions by the MTN. By the use of certain features of MTN Protect the user certifies that he/she is of legal age in this country and has read and accepted these Terms and Conditions. The user acknowledges that he has been fully informed and that he is bound by all the provisions of these Terms and Conditions. 1. DEFINITIONS: a. "Charge/s mean/s the amount payable for the Services as published in these terms and Conditions and as may be varied from time to time; b. Content means information, communications, images and sounds, software or any other material transmitted or communicated through the Services; c. Handset means the mobile cellular handheld device; d. Intellectual Property Rights means all intellectual property rights including without limitation, copyright, patents, trademarks, registered designs, design rights, knowhow and all other rights; e. Month means thirty (30) days; f. MSISDN means the Mobile Subscriber Integration Services Digital Number, which is the Subscribers telephone number; g. "Network" means the cellular network operated by MTN as licensed by the NCA; h. Offending Material means any Content that is in breach of any law, regulation or code of practice invoked by the MTN or industry regulator or any policy adopted by MTN with regard to the acceptable use of the Services, or abusive, indecent, defamatory, obscene, offensive or menacing, or in breach of confidence, intellectual property rights, privacy or any right of a third party. i. Phone Book means an alphabetical list of telephone numbers saved by the Subscriber on the Handset or SIM; j. Service means the service that will backup phone book contacts, phone book notes and calendar notes provided by MTN pursuant to these terms; k. SIM means the Subscriber Identity Module which is programmed with the subscribers MSISDN and that enables the Subscriber to use the Services when used with the handset; l. "Subscriber" means the MTN customer applying for, or using the Services and includes any person who MTN believes is acting with the customer s authority;
2. THE SITE PROPERTY This site as well as the MTN Protect service are under the exclusive license of MTN Ghana, SCANCOM LIMITED a company incorporated under the laws of the Republic of Ghana whose office is situated MTN House, Independence Avenue, Accra Ghana and whose postal address is P. O. Box TF281, Trade Fair, La, Accra. 3. THE PURPOSE The purpose of these Terms and Conditions is to define the modalities and conditions under which MTN Ghana allows Internet and mobile Internet (WAP) users to download the MTN Protect software for mobile phones. A user is any natural or legal person taking advantage of access to the Internet, mobile Internet and to the MTN Protect web self-care portal site. Any use of any of the MTN Protect service implies that the user provided their full and complete acceptance of Terms and Conditions. MTN Ghana retains the right to modify these user conditions from time to time. Such modification shall become effective following an update of the terms and conditions on MTN website. If the user does not accept modifications to Terms and Conditions as indicated on the website, he/she is free to terminate the service contract. 4. ELIGIBILITY MTN Protect service is available to all MTN Prepaid and Postpaid subscribers. 5. HOW TO REQUEST FOR THE SERVICE To activate the service, either the prepaid or postpaid subscriber will have to do download MTN Protect application on their phones. 6. MTN PROTECT SERVICE The Service will be provided as follows:- 6.1 Charges (a) The service shall be billed as mentioned on MTN website (www.mtn.com/portal/mtnprotect). 6.2 Application Features
MTN Protect application provides some automatic protection features that are very useful in the event of phone loss. The user may perform the following actions: Phone permissions: Activate administrator or skip. This setting is only shown if the administrator settings were not activated and will be hidden once done. Lock screen: show the status of the current security and allows to directly access the native lock screen setting. Activate GPS: display the status whether GPS is activated and allows direct access to location settings to enable it. Take thief s picture: Take an automatic picture with the front camera after the third unsuccessful unlock to get a picture of the thief. Message to finder: Define a message to a possible friendly finder within the lock screen (100 characters max, with e.g. email or other phone number) Play alert: Plays an automatic alert after the third unlock failure even if the phone is mute. Please note, for I-phone Operating System (ios) only phone location and alarm will be available. 6.3 Web self-care features The web self-care provides direct access to the most important features of the service: Locate phone Play siren Lock phone Wipe content It also shows Phone s protection status (same as shown within the app) and confirms the phone model that the service is attached Access to the guide (for people who feel lost and finally prepare to be guided) View of latest events that can be extended to the all timeline events Big map indicating the latest location 7 SUBSCRIBERS OBLIGATIONS 7.1 The subscriber by using the service accepts the terms and conditions herein. MTN maintains the right to amend the current terms by publishing the amendments on the MTN website. The Subscriber shall ensure that he/she shall not;
7.11 allow any other person to use his/her access to enjoy this service. 7.1.2 use the service for storing, reproducing, transmitting, communicating or receiving any Offending Material; or 7.1.3 use the service fraudulently or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or 7.1.4 Cause annoyance, inconvenience or needless anxiety to any person; or 7.1.5 use the service contrary to any other instructions that may be communicated by MTN to the Subscriber from time to time. 7.1.6 use the service in a manner which is inconsistent with a reasonable subscriber s good faith use of the Services or the Network; 7.2 The Subscriber shall use the Handset and the Software in accordance with any user guide or other reasonable instruction of any manufacturer or supplier of the same or reasonable instruction of MTN 7.3 The Subscriber shall not reverse engineer, disassemble or decompile the Software or related accessories. 7.4 The Subscriber shall provide MTN with all the information MTN needs and allow MTN to use that information for purposes which may include: 7.4.1 Carrying out any activity in connection with a legal, governmental or regulatory requirement on MTN in connection with legal proceedings or in respect of crime or fraud prevention, detection or prosecution. 7.4.2 Monitoring or recording of the Subscribers calls, emails or text messages for MTNs business purposes such as quality control and training, prevention of unauthorized use of MTNs telecommunications system and ensuring effective systems operation. 8. PRIVACY AND LEGAL PROVISIONS MTN Ghana pledges never to share the user s personal data without the express consent of each user, except in case of legal proceedings duly requested by the appropriate authorities. The user has the right to access, modify, rectify and delete data concerning him. In order to exercise this right, he must use the MTN Protect web self-care portal. 9. RESPECT FOR THE RIGHT OF INTELLECTUAL PROPERTY The user is prohibited from reproducing, copying, selling, reselling or exploiting for any business purpose whatsoever all or part of the services delivered, images, texts, and logos identifying MTN Protect Web self-care site and the MTN Protect brand. The MTN Protect trademarks appearing on
the Site are registered trademarks. Any complete or partial reproduction of these trademarks without the express authorization of MTN Ghana is thus prohibited and will constitute an infringement punishable by articles Copyright Act of Ghana 2005, Act 690 and Copyright Regulations 2010, (L. I 1962). 10. TERMINATION MTN may terminate the provision of the Services at any time without incurring any liability to the Subscriber if: 1. MTN has reason to believe that the Service is being used in an unauthorized way or for criminal activities; 2. The Subscribers Handset is found to emit signals, which may interfere with the quality of the Services or the Network; 3. The Subscriber fails to pay the full amount of Charges; 4. MTN has good reason for believing that any information given by the Subscriber to MTN is false or misleading; 5. The Subscriber commits any material breach of any of the provisions of these Terms and Conditions and if capable of remedy fails to remedy the breach within the period notified by MTN; 6. The Subscriber becomes bankrupt or become subject to an administration order; 7. It is found that the Subscriber is no longer a subscriber to the MTN Network. 8. The agreement under which MTN provides the Services is terminated. 9. MTN deems it in the best interests of the Company to terminate the services to the Subscriber 11. GOVERNING LAW AND DISPUTE RESOLUTION 1. These Terms and Conditions are governed by the laws of Ghana. 2. If there is any complaint, the Subscriber shall contact MTN Customer Care Service by dialing 67900 0123 when using the number of another telephony operator or 8787 from an MTN line. 3. Claims shall therefore be handled in accordance with the regulatory procedures in force. 4. In case the parties do not reach an amicable settlement, any disputes or litigations that may arise from the interpretation or implementation of this Terms and Conditions hereof shall be filed at a competent court in Ghana. 12. GENERAL PROVISIONS 12.1 MTN may in its sole discretion suspend or vary the Services without compensation for any period during which: 12.1.1 MTN is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
12.1.2 MTN reasonably suspects or believes that the Subscriber is in breach of any of these terms and conditions. 12.1.3 Such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety; 12.1.4 MTN suspends the provision of the Services for its commercial reasons. 12.2 The Subscriber shall reimburse MTN for all reasonable costs and expenses incurred as a result of the suspension or variation of the Services where the suspension or variation is implemented by MTN as a result of any act or omission of the Subscriber. 12.3 Although MTN will take all reasonable steps to ensure that the Services are available to the Subscriber at all times, it cannot guarantee a continuous fault free service. The quality and availability of Services may be affected by factors including (but not limited to) acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the Network, or the Subscribers Handset may interfere adversely with the quality and provision of the Services. 12.4 MTN, its officers, employees, agents and partners will not be liable to the Subscriber or any party for any direct, indirect, consequential, incidental or special loss, corruption of data or other costs arising out of or in connection with this Service for any loss including as a consequence of a failure or delay in availability of the Network notwithstanding MTNs awareness of the possibility of the Subscriber incurring the same; 13. FORCE MAJEURE 13.1 Any losses arising in connection with (i) force majeure events or other circumstances outside our control or outside our knowledge including industrial disputes, terrorist or enemy action, or (ii) any unforeseeable acts or omissions or negligent acts on the part of a supplier or any other of MTNs service providers, contractors, agents or employees. 13.2 For any damage to or loss of information on the Subscriber Handset in the event that unwanted programs or material, Trojan horses, worms or viruses are downloaded to the Subscriber Handset as a consequence of retrieving the data using the MTN Protect service. 13.3 The Subscriber will be required to take reasonable precautions while using the Service. (d) Failure to store or corruption or inaccessibility, legibility or readability of the backup information arising from technical or other difficulties beyond its control. (e) Any charges or losses incurred as a result of or unauthorized use of a Handset including the service following a theft of the same.
14. OTHER TERMS (a) MTN reserves the right to withdraw the Services at any time and to vary or amend any element of the Services at any time without further notice. (b) These terms and conditions may be varied or amended by MTN at any time and by continuing to use the Services you will be deemed to have read, understood and accepted such amended terms and conditions. The varied terms and conditions will be available on the MTN website (c)the standard terms and conditions for the MTN Prepaid and Postpaid services will apply to the Services save where expressly varied by these terms and conditions.