terms & conditions-subscriber

terms & conditions-subscriber2019-03-13T06:32:28+00:00

subscriber terms of use

These terms and conditions (“T&Cs”) set out the terms and conditions under which Emerging Markets Telecommunication Services Limited (“EMTS”, “9mobile Nigeria”, “we”, “our”, “us”) shall provide the Services (as hereinafter defined) to you. Please read the following T&Cs very carefully. By accessing or using the Services, you acknowledge that you have read, understood and agreed to be bound by these T&Cs as may be updated by us from time to time.

Access Charge                          

means the amount a postpaid Subscriber must pay for access to the Network.

Agreement

means these T&Cs 

Call Costs

means the cost of any telephone calls or telephone messages made or incurred on the Subscriber’s telephone number. 

Charges

include but are not limited to the Access Charge (if applicable), the Call Costs, data usage charges and any other sums payable by the Subscriber in respect of the Services as are advised by 9mobile Nigeria from time to time. 

Effective Date                                   

means the date on which 9mobile Nigeria shall commence provision of the Services to you being the date on which your SIM is activated on the Network 

Force Majeure

means acts of God, acts of government, acts of third parties, proclamations, regulations or appropriations, strikes, picketing, boycott, lockouts or other industrial disturbances, interference by any government agency or official (whether legal or illegal), acts of public enemies, fibre cuts, sabotage, vandalism, blockades, embargoes, wars, revolutions, insurrections or riots, national emergency, epidemics, landslides, fires, storms, floods, explosions, civil commotion, invasion, threat of or preparation for war, fire, earthquake, subsidence, epidemic or any other similar cause beyond the control of a Party to this Agreement and which is not reasonably foreseeable at the date of this Agreement but does not apply to payments of monies due or owed.

Network                                               

means the telecommunications network operated by 9mobile Nigeria and used to provide the Services. 

Network Operator                            

means 9mobile Nigeria or such other company engaged by 9mobile Nigeria for the purpose of operating the Network.

Party

means either the Subscriber or 9mobile Nigeria and “Parties” should be construed accordingly. 

Password                                             

means any code, word or number unique to the Subscriber, allocated for the purpose of identifying a Subscriber, including but not limited to any personal identification number. 

IPR

means any copyright, extended or revived copyright, design right, registered design right, patent, performer’s right, trade mark, database right or any similar right exercisable in any part of the world, including any application for registration of any patent, trade mark, registered design or similar registerable rights in any part of the world. 

Services                                               

means any telecommunications services, internet services and any other services provided by 9mobile Nigeria to the Subscriber through the SIM. 

Service Provider

means any third party used by 9mobile Nigeria to provide the Services and includes independent third party providers of VAS. 

SIM                                                       

means Subscriber Identity Module, which is used to access the Services. 

Subscriber, “you”, “your” “yours”                                                

means the user of the Services. 

Supplemental Conditions

means any further conditions or limitations to the use of the Services contained in any other medium including but not limited to any information brochure or other document issued by 9mobile Nigeria. 

VAS                                                       

means Value Added Service 

We shall provide you with the Services on the terms and conditions set out in this Agreement. 

We do not guarantee that you will receive a fault-free Service and we do not undertake that we will to do so. We cannot and do not promise that the Network is free from faults or interruptions nor that the Services will be free from congestion, failure in transmission and/or loss of data. However, we will use reasonable care and skill in providing the Services to you.

Any date proposed by us for the provision of Services or a facility is to be treated as an estimate only and we accept no liability for failure to meet it.We reserve the right to manage your use of our Network in order to maintain same in good order and ensure its availability for all of our subscribers.

You agree that your ability to use the Services and each of their features will depend on the features and functionality of your device. Not all devices have the features and functionality that are required to use all features of the Services.We reserve all rights not granted to you in this Agreement. Nothing in this Agreement entitles you to receive hard copy documentation, technical support, telephone assistance, or updates to the Services except at our discretion.

We reserve the right to enter into arrangements and agreements for the provision of the Services with third party Service Providers and we also reserve the right to change, add to or terminate services with any of our third party Service Providers.You shall ensure compliance with all laws and regulations with respect to the use of the services

 

Subject to our being satisfied that you have complied with any required application and registration process, we shall provide you with an available telephone number encoded on a SIM card to enable you access the Services. We reserve the right to charge fees for the issuance of a SIM card or a replacement SIM card.

Where an application and/or registration process is required, you hereby undertake that the information, which you provide is true and correct. You hereby authorize us to verify such information from whatever sources that we deem fit. Any incorrect or incomplete information provided by you may result in the denial of the application or if already approved, in the suspension or termination of the Services. We may request additional requirements to facilitate the processing of your eligibility for the Services.We grant you a right to use the SIM card and the telephone number associated with it.

You acknowledge that the SIM card is our property and shall only use the SIM card to utilize our Services. In addition you shall ensure you adhere to our instructions regarding the use of the SIM card. This provision is without prejudice to your ability to port away from the Network to another provider of telecommunication services. Where you request for a specific telephone number, we will endeavor to provide the specific telephone number requested and connect the telephone number to the Network. This service is, however, subject to availability and may be subject to the payment of a fee by you, and we provide no guarantee that you will be assigned the specific telephone number requested and we provide no warranty or representation that we shall be able to do so.

In the event that we allocate a telephone number to you, you shall: have no goodwill or right in a number allocated to you by us except for the sole purpose of using the Services in accordance with this Agreement; not sell or agree to transfer the telephone number to any third party; not apply for the registration of the number as a trademark, whether on its own or together with any word or mark without prejudice to your right to port away from the Network.

We may require you to change the SIM or withdraw or change any telephone number issued to you for commercial, operational or technical reasons or in compliance with any regulatory requirement and in such a case, We undertake to give you notice of such change.

You acknowledge that by using the Services, you are aware of and have agreed to be bound by all the terms of this Agreement and shall pay all requisite Charges to us as they arise and in the manner advised by us. The Charges shall include value added tax and/or any other applicable consumption tax, where required. The applicable tariffs and pricing for the Charges shall be as publicized by us from time to time.

For the purpose of calculating Call Costs payable by you, the duration of each call as recorded and registered on the applicable metering and billing system used by us shall be final and binding on you. For postpaid Subscribers:

all charges shall be paid as and at when due either by cash or through bank channels (including bank-linked electronic payment) as available from time to time.

Payment is due when you receive a bill from us on the date stated in the invoice. If payment is not made on the due date (or such other extended date as advised in writing by 9mobile Nigeria, if any), we reserve the right, in our absolute discretion, to cancel or suspend the Services until all arrears are fully cleared. If you wish to dispute any charges on the bill, such dispute must be notified in writing to us within fourteen (14) days of receipt of the bill, failing which you shall be deemed to have accepted the correctness of the bill.

We accept no responsibility for any additional charges incurred as a result of inaccurate information given by you with respect to your bank and account details.

Our Charges are net of all deductions and shall be remitted in the full amount charged. Any incidental deductions or ancillary charges are for the account of the Subscriber. We shall be entitled to vary the Charges from time to time. We will endeavor to give you notice of any changes in the rate of the Charges.

You shall not use the Services or permit the Services to be used:

to harass, intimidate, threaten and/or defame any person; for any improper, immoral, fraudulent or unlawful purpose;

for the transmission of any material which is defamatory, offensive, abusive, obscene or menacing in character; in a manner which infringes the rights of any third party; in a manner which may injure or damage any person or property or cause the quality of the Services to be impaired;

to access any age restricted service unless you satisfy the age requirements. You must also not use Our Services to disseminate age restricted material to any person who is below the required age.

You shall not obtain or attempt to obtain the Services by any device with intent to avoid payment.

You must keep all information received via the SIM secure and where required, use security passwords to further safeguard access to such information. Any breach of this condition may result in denial of access to the Services.

You shall comply with all reasonable instructions issued by us from time to time in relation to the Services.

You must:

obtain your own mobile terminal equipment which is compatible with our communications system in order to use the Where an upgrade is necessary in order to use any of our Services in the future, you hereby agree that you will (without any obligation) upgrade your mobile terminal equipment at your own cost where that is necessary for your continued enjoyment of the Services; ensure that any mobile terminal equipment, which you purchase independently for accessing the Services, conforms at all times with all applicable laws and regulations.

You must immediately give us written notice if there are changes to your name or address or if there is any change to the details or conditions of payment.

You may elect to have a maximum credit limit applied to your account. Where the credit limit is reached, you agree that we may suspend the Services without notice and hereby authorize us to so do.

Where you are granted an extension on your credit limit, you shall ensure prompt payment of all sums due to us including any payment accruals arising from the extended credit limit. You undertake to repay any utilized credit granted by the due date for repayment as advised in the invoice from us.

You agree to indemnify and keep us indemnified in full against all losses, costs, damages, claims and expenses suffered or incurred by us arising from:

any default by you to repay us by the due date; and all losses, proceedings, damages, and any other liabilities which may arise out of, or in consequence of any third party claims.

You acknowledge that any payment made by you towards your monthly bill or for any reason whatsoever, may be used to set off any debt that you may owe to us.

All promotions, access to such promotions, special offers and other similar items shall be subject to such additional terms and conditions as we shall specify from time to time in respect of such promotions and/or special offers.

Where you receive, or elect to receive or download any mobile application or VAS or such other content provided by a Service Provider or 9mobile Nigeria, you accept to be bound by the terms and conditions attached to such mobile application, VAS or content and by downloading and installing such application or VAS or content, or opting to receive such application or VAS or content, you shall be deemed to have accepted the terms and conditions applicable to the same. You shall not copy, modify or otherwise utilize such application or VAS or content in any manner which is unlawful. You shall not copy, transmit or otherwise disclose any information or other material received by you in any manner which constitutes a breach of IPR in the mobile application, VAS or content.

Your use of the application, VAS or content shall be subject to the further terms and conditions set out below:

With respect to mobile applications, upon access/download/installation of the application onto your mobile device or other equipment and completion of the prescribed registration and activation procedures, you will be granted a limited, non-exclusive, non-transferable right to use the application.

You accept that Service Providers of mobile applications, VAS or content shall be solely and fully responsible and liable to you for such VAS or content and any claims or issues arising out of the use of such mobile application, VAS or content.

You agree that 9mobile Nigeria is not liable for any actions, infractions, liabilities, proceedings, claims and/or demands arising directly or indirectly out of or in consequence of the use of such mobile applications, VAS or other content or the infringement of any IPR or proprietary rights in such mobile application, VAS or content.

We are not responsible for any damage to your mobile device or other equipment resulting from the access/download/installation of any mobile application, VAS or content and you will be engaging in those activities at your own risk. 

You must immediately notify our customer care service and report to the police any loss, fraud, dishonest use or theft of your mobile equipment or SIM card.

You will be liable for all charges arising from the lost or stolen SIM card and/or the fraudulent use of the Services until we receive a credible request from you for disconnection and/or suspension of the Services.

Please note that the replacement of lost or stolen SIM cards will be at an additional cost to you.

You undertake to 9mobile Nigeria that you shall use all reasonable endeavors to keep secret all Confidential Information and will not disclose such Confidential Information to any third party save as permitted under this T&Cs.

The provisions of this clause 9 shall not apply to information which:

is or has already been independently generated by the Subscriber; or

is disclosed to satisfy a legal demand by a competent court of law or governmental, regulatory authority or similar body in which event the Subscriber shall give at least seven (7) days’ notice to 9mobile Nigeria prior to such disclosure; or

is disclosed pursuant to any applicable law or regulation; or

is authorized to be disclosed by 9mobile Nigeria in writing but then only to the extent of the authority given.

privacy policy

We recognize the importance of protecting the privacy of all information provided by users of our Services and shall endeavor to keep your information private and confidential.

You acknowledge that by using the Services, some of your personal or personally identifiable information will be collected by us and may be passed on to third parties. This information may include: your name, address, job title, telephone number, email address and financial information necessary to conclude contracts and enable administration and management of Services or products to which you intend to or have subscribed. The type of information collected will depend on the nature of the product or Service demanded. We shall only collect information that is necessary for the provision of the Services or products that you have subscribed to or to comply with statutory or regulatory or administrative obligations. You hereby consent to and authorize us to keep and compile records of the aforementioned information and to release same as may be necessary for the efficient provision of the Services or products as well as to relevant regulatory, governmental and security agencies as may be required under applicable laws.

Where applicable to you, you hereby grant to us the right to make enquires of any credit record with any relevant financial institution and/or credit reference agency and/or any other party to confirm your creditworthiness.You grant to us the right to share information relating to you and your use of the Services (including your subscriber registration information) with our Service Providers and any lawful authority.

You hereby agree that your use of the Services is on an “as is” and “as available” basis and, to the maximum extent permissible by law, we exclude warranties and conditions of all kinds, either express or implied.

WE SHALL NOT BE LIABLE TO YOU OR ANYBODY CLAIMING THROUGH YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT HOWSOEVER ARISING IN RESPECT OF THE SERVICES. LOST PROFITS INCLUDE BUT ARE NOT LIMITED TO LOST REVENUES AND LOSS OF BUSINESS OPPORTUNITIES, WHETHER OR NOT YOU WERE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THE DAMAGES.

We are not responsible for unauthorized third party access to, use of, alteration, theft or destruction of your SIM card, mobile terminal equipment, data, programs or other information howsoever occurring.

We are also not responsible or liable for the content of any information transmitted, accessed or received by you through your subscription to the Services.

You agree to indemnify and defend us, our directors, officers, employees, agents and their successors, against all third party claims for damages, losses, liabilities or expenses, including reasonable attorneys’ fees, arising out of:

Your failure to obtain permits, licenses, or consents that you are required to obtain to enable us to provide the Services to you;

Your breach of any IPR as a result of your use of the Services;

Your transmission of, or transmissions by those authorized by you to use the Services, of data or messages over our Network, including, but not limited to, claims: for libel, slander, invasion of privacy, infringement of copyright, or invasion or alteration of private records or data; or

based on the transmission and uploading of information that contains viruses, worms, or other destructive media or other unlawful content;

Your breach of the licensing requirements in relation to the software applications associated with the Services and any other services and products subscribed to by You;

Your failure to comply with any provision of this Agreement;

Your breach of any third party IPR;

Your infringement of patents arising from the use of equipment, hardware or software not provided by us with the Services and any other services and products subscribed to by you.

Notices to the Subscriber shall be provided periodically through SMS and IVR channels and will be regularly updated on this website (www.9mobile.com.ng) 

No Party to this Agreement shall be liable for any force majeure Event. Upon cessation of circumstances leading to the force majeure Event, the Party affected by such force majeure event shall promptly notify the other of such cessation.

governing law & dispute resolution 

This Agreement shall in all respects be governed by and construed and enforced in accordance with the laws of the Federal Republic of Nigeria.

The Parties shall use all reasonable endeavors to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion.

Where the Parties are unable to amicably settle disputes in accordance with clause 17.2, the Parties may submit the dispute to the courts in Nigeria for resolution.

severability

If any term in this Agreement is declared by law, regulation or a court of competent jurisdiction to be illegal or unenforceable, the validity of the remaining terms shall be unaffected and, if possible, the provisions of the clause may be modified to render it valid and enforceable, otherwise, the obligations of the Parties will be construed and enforced as if the Agreement did not contain that term. 

Assignment & subcontracting 

We may transfer all our rights and obligations under this Agreement, to our affiliates, subsidiaries and third party service providers without your consent.

We may subcontract the provision of elements of the Services including manufacturing and production of SIM cards to third party contractors. Such third party contractors shall be responsible for compliance with all applicable laws and regulations in the provision of the Services. You agree that we shall not be liable for the breach or non-compliance by such third party contractors of any applicable laws or regulations.

You may port away from the Network to any other mobile network of your choice subject to such porting rules and regulations as are applicable from time to time.

general 

This Agreement supersedes all previous understandings or prior arrangements whether oral or written, and all representations or other communications between you and us.All usage charges will be calculated based on data records generated by us from the Network.

You acknowledge and agree that your entry into this Agreement is based on your own judgment and have not relied in any way on a view expressed by us; You confirm that you have consulted with and obtained independent legal advice to the extent that you deem same necessary and that you are entering into this Agreement with a full understanding of the terms and conditions the same. 

variations  

We reserve the right, at our discretion, to vary these T&Cs at any time and without prior notice to you Please ensure that you regularly check these T&Cs to be sure that you are up to date regarding the applicable terms and conditions.By continuing to use our Services, you shall be deemed to be bound by these T&Cs.

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