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Share 'n' sell Terms & Conditions


 

The use of the Share ‘n’ Sell product has been licensed  to you by MTN NIGERIA COMMUNICATIONS LIMITED ("MTN", also "we" and "us") subject to the following terms and conditions.

"You" means the user of the services provided by MTN and includes any person you permit or who  we reasonably believe is acting with your authority or knowledge, including but not limited to use of your mobile phone.



1.1 You acknowledge that your use of this service, indicates your entry into        this Agreement between you and MTN incorporating the terms and        conditions and any modifications thereof that may come into force at such        time as we may stipulate (“the Agreement”). We reserve the right to        introduce amendments to the terms and conditions and/or the Content as        we shall from time to time deem necessary. In this regard you hereby        acknowledge that any continued  access to or use of the Content on your        part shall signify your acceptance of the modification(s). You further        accept the singular responsibility of  keeping up-to-date with any changes        in the terms and conditions. These Terms &  Conditions and any        modifications thereto shall be available from time to time   on        www.mtnonline.com

1.2  The general terms and conditions of your subscriber agreement (including        post-paid and pre-paid) shall also apply when using this service. In the        event of any conflict, this Agreement will prevail in respect of the Content        only.

1.3 This Agreement shall be governed by the Laws of the Federal Republic of        Nigeria.

1.4  Nothing in this Agreement shall affect your statutory rights as a         consumer.

1.5  You shall be allowed to send airtime to other subscribers according to the        rules governing the deployment of the MTN Share ‘n’ Sell product

1.6  MTN reserves the rights to withdraw the access to this service or any         portions thereof from you, without notice to you.

1.7 Every Airtime Transaction carried out on your telephone number will be        deemed to have been duly authorized by you until such a time as you        notify MTN of such unauthorized use and access to the service from your        MTN telephone line is restricted. Accordingly you shall be liable under the        Terms and Conditions governing the Share ‘n’ Sell Product for all        transactions carried out on your telephone number save as expressly        provided herein. In no event shall MTN accept liability for such        transactions.

1.8  You may not charge a premium for transferring airtime to any
       other person or phone number and you shall not charge any
       unauthorized fees for this service.

1.9  MTN does not guarantee the availability of the service at all times.

1.10 You are responsible for ensuring that no unauthorized access is
       obtained  to the service through your mobile phone. You will be entirely
       liable for all activities conducted through your mobile phone whether        authorized by you or not,

1.11 No Share ‘n’ Sell transaction is reversible once performed.
       You are therefore advised to diligently verify all transactions before        finalisation.

1.12 You shall immediately notify MTN in the event that any person or entity        makes or threatens to make any claim or issues any legal process against        you in respect of your use of the service and you will, at our request,        immediately stop the act or acts complained of. If we ask you to, you must        confirm the details of the claim(s) in writing. If you fail to stop the act or        acts complained of, we may suspend your use of the Content. It is further        agreed that your failure to comply with any request made by MTN in this        regard will render you solely liable for any and every consequence        emanating from your use of the services in terms of any legal process        issued thereon.

1.13 If we suspend your use of the service on account of a breach of any        part of this Agreement, we will not restore the service until we receive an        acceptable assurance from you that there will be no further breach of the        Terms and Conditions governing the service..

1.14 Indemnity by you: You agree to indemnify us, our licensors and your        service provider against all losses, costs, proceedings, damages,        expenses (including reasonable legal costs and expenses) or liabilities        howsoever incurred by MTN or our licensors, as a result of any claim
       by a third party occasioned by your breach or non-observance of this        Agreement or a breach by any person accessing the service from your        telephone line. You further indemnify MTN against any losses that it may        incur or be exposed to on account of any Air-Time Transactions carried        out on your phone number. We shall notify you of any claim received, and        you hereby provide MTN with full authority to defend, compromise
       or settle such claims and shall provide MTN and/or our licensors with all        reasonable assistance necessary to defend such claims, at your sole        expense.

1.15 Nothing in these Terms & Conditions shall create or be
       construed to create any direct relationship whether of employment,        agency, partnership or otherwise, and nothing herein shall be construed        as creating any privity of contract between MTN and you or your proxies.

1.16 MTN further reserves the right to perform any desired statistical
       or other analysis of all transactions undertaken by any one person or        group of persons for any  purposes whatsoever and MTN shall disclose        information where it is legally obliged to do so in obedience to an Order of        a Court of Law, or in compliance with the directive of any Agency of        Government, Law Enforcement Agency or Regulatory Authority, or in        compliance with any provisions of the laws of the Federal Republic of        Nigeria. MTN reserves the right to make such disclosure of information        with or without notice to you.

1.17 You acknowledge that service delivery is subject to
       the enabling technology on which the service is based and may be        adversely affected by network performance and other
       operational factors beyond our control, including but not limited to,        congestion, network coverage, dropped connections and
       the performance of wireless devices.

1.18 We may withdraw or change the service features at
        any time for technical, commercial, public interest or operational reasons.        Any permanent withdrawal of the service will be advertised
       with as much notice as possible prior to the withdrawal of the service.        However it is understood that depending on the reason for the        suspension, withdrawal or change, it may not always be possible to give        advance notice. MTN shall therefore not be liable in any circumstances for        any failure of notice in this regard.

1.19 MTN warrants that the service will be substantially free from defects.

1.20 Except as specifically provided herein and to the fullest
        extent allowed by applicable law, MTN expressly disclaims all other        warranties, conditions and other terms, whether express or implied,        written or oral, with respect to the service including any warranty,        condition or term of availability or performance of the service,        merchantability, fitness for a particular purpose,or non-infringement.

1.21 To the fullest extent allowed by applicable law, MTN and any of the other         parties involved in the provision of the service, will not be liable for direct,         indirect, special or consequential damages arising out of your use of or         inability to use the service including but not limited to damages for loss of         use, profits, data or the cost of procurement of substitute goods or        services, whether such damages arise in contract, negligence, derelict or        otherwise.

1.22 Nothing in this Agreement shall affect your statutory rights as
       a consumer or act to exclude or limit our liability for (i) death or personal        injury caused by our negligence, or (ii) any other liability which may not be        excluded o  limited by applicable law.

Our contact address is 5th Floor, Churchgate Building, 30 Afribank Street Victoria Island, Lagos.

Alternatively, Contact us by visiting www.mtnonline.com