MTN Mobile Money Terms and Conditions of Use

 

1. PURPOSE
 
Mobile Money Corporation, hereinafter referred as MMC, subsidiary of MTN Cameroon, shall provide according to these conditions of use, the client, hereinafter referred as the Bearer, who shall accept and respect such conditions of use and modalities, with an electronic money management system known as Mobile Money. Afriland First Bank shall issue such electronic money and engage Mobile Money Corporation (MMC) for its distribution.

 
2. DEFINITIONS

The expressions below used in this agreement shall have the following meaning:

Afriland First Bank or issuer: Limited Liability Company registered with the Commercial Registry (RCCM) as N° 87R041 of 08 December 1987 with last amended registration done on 01 September 2010 under N° RC/YAO/2010/M/97. Afriland First Bank is the issuer and distributor of electronic money.
SIM card: identification module of the MTN Cameroon subscriber of which usage with the appropriate mobile telephone enables access by the bearer to MOBILE MONEY services.
Account: Transaction details of the bearer and monetary value held by the latter; Further kept by MMC. The account is linked to an MTN Cameroon mobile phone number.
Contract: Conditions of use of the Mobile Money services including the subscription form.
Merchant: Any person registered by MMC to provide MOBILE MONEY services. The list of merchants is obtained at the level of MMC and MTN Cameroon Service Centers.
MMC: Limited liability company registered at the Commercial Registry (RCCM) as N° RC/DLA/2008/B/151 of 23 January 2008. Corporate entity authorized by Afriland First Bank to distribute Mobile Money.
Parties: Bearer, distributor, or business person who accepts to receive payment in monetary terms. Each party must previously be registered with MMC.
Mobile Money PIN: Bearer’s personal identification number made of the secret code for access and management of their account.
Bearer: User subscribed to Mobile Money.
Mobile Money System: Set of systems and processes operated by MMC to provide and manage electronic money known as Mobile Money.
Transactions: Any transaction materialized by an increase or decrease in the monetary value held in the bearer’s account.
Electronic monetary value: Represents the credit bond drafted in CFA (XAF) on behalf of the issuer, and negotiable between the parties.

 
3. OPENING OF ACCOUNT

3.1 The use of Mobile Money by the bearer is inseparable from the latter’s account and can only be possible through such account.
3.2 Any MTN Cameroon subscriber can open an account.
3.3 The use of MOBILE MONEY shall be limited to an account per bearer irrespective of the number of SIMs held by the latter.
3.4 An account can be opened at the level of MMC or any merchant accredited by Afriland First hank
3.5 To comply with subscription formalities, the bearer snail fill in a subscription form in which he provides clear and precise information.
3.6 MMC shall reserve the right to reject any account opening request.

 
4. SERVICE

4.1 in case of damage, loss or theft of the SIM card, the bearer must immediately inform MMC thereof. MMC shall moreover decline any liability on transactions carried out until it receives notification on the occurrence of one of the incidents mentioned above. Such notification shall be through phone or fax, and confirmed by letter against acknowledgement of receipt within 24H following the call or fax.
4.2 MMC by written agreement is authorized in view of respecting the laws in force to communicate information gathered within the framework of using Mobile Money services by the bearer. Such communication can be for the attention of, or relayed from any regulatory, governmental or legal authority, and MMC partners for business purposes, lawyers, or auditors within the framework of any investigation or audit procedure.
4.3 The bearer shall respect any instruction on the use of Mobile Money communicated to him by the latter and contact MMC for any issue on using such service.

 
5. DURATION, SUSPENSION, AND CLOSURE OF ACCOUNT

5.1 This contract shall be valid for a period of two (02) years with automatic renewal, and can be denounced at any moment by the bearer.
5.2 MMC shall reserve the right to suspend (prohibition) or terminate partially or fully the provision of Mobile Money services. Such suspension/termination can be especially due to illegal or unauthorized use of the service by the bearer.
5.3 In case the SIM is not used for a successive period of three (03) months, the account shall be suspended automatically by MMC.
5.4 MMC shall equally close the account when it receives a written closure request from the bearer.
5.5 In case of suspension or closure of account, the balance is paid in cash to the bearer at the MMC counter, or by any other accredited merchant subject to presenting identification evidence.

 
6. ELECTRONIC MONEY

6.1 Afriland First Bank is a commercial bank duly authorized to issue electronic money. Detailed information on Afriland First Bank is available at www.afrilandfirstbank.com.
6.2 The nominal value for each monetary unit shall be one (01) Franc CFA.
6.3 Each monetary unit shall represent money held by the issuer and no interest shall be accrued thereto.
6.4 The monetary value shall not have a determined maturity. Consequently, the issuer can at any time reimburse any monetary value in circulation, and any bearer of monetary value can be reimbursed any such amounts.
6.5 Monetary value shall be reimbursed without any charges other than those strictly required for such reimbursement.
6.6 MMC shall be the payment agent of Afriland First Bank concerning monetary value. MMC shall be in charge of centralizing monetary value reimbursements on behalf of bearers.

 
7. TRANSACTIONS

7.1 All debit transactions on the account shall be through instructions authorized with the Mobile Money PIN. The bearer shall authorize MMC to act based on the instructions received without exacting any further information whatsoever. MMC however reserves the right to request confirmation thereof.
7.2 After opening the account, the bearer can, under conditions defined in this agreement. receive or transfer monetary value from, or towards another party, and credit or debit their account respectively against payment or reception in cash at the level of a merchant.
7.3 Confirmation shall be sent to the bearer through SMS, by the Mobile Money system after each transaction. However, only recordings done by the Mobile Money system shall be deemed exact and reliable.
7.4 The bearer may verify his account balance from his mobile phone and check transactions operated in same account.

 
8. CHARGES

8.1 The charges published as such are due for each transaction carried out from the bearer‘s account. The catalogue on charges is available at the level of MMC and Mobile Money merchants.
8.2 Charges due for each transaction are deducted from the bearers account. The bearer is notified by SMS on his new balance after such transaction.
8.3 MMC shall apply the tariff plan in accordance to the laws and regulations in force.

 
9. SECURITY

9.1 A single Mobile Money PIN can be assigned to an account at a given moment.
9.2 The bearer shall be the sole user of his Mobile Money PIN. MMC shall not be liable for any use of the Mobile Money PIN by a third party.
9.3 The bearer has the responsibility of protecting and ensuring appropriate use of his mobile phone as well as securing his Mobile PIN.
9.4 The Mobile Money PIN code is valid for a period of two years from the day of activation. The Bearer has the responsibility to change his PIN before the expiry period.

 
10. ENGAGEMENT OF THE USER

10.1 The bearer shall make payments or carry out monetary value transfer solely on behalf of other parties.
10.2 The bearer shall not use the Mobile Money service to commit any offence against any applicable law or regulation. The service shall not especially be used in a way as to exceed the transaction threshold and balance available in the account as determined by the applicable regulations. Details of such restrictions are available at MMC.

 
11. LIABILITIES AND EXCEPTIONS

11.1 In case of unavoidable change or re-assigning of the telecommunication number, MMC shall solely be liable to maintain the account, and where applicable, reassign such account to a new phone number.
11.2 MMC shall not be liable for damages as a result of data confidentiality leakage, or telephony or any shared network dysfunction due to circumstances beyond its control.
11.3 MMC shall not be liable for any direct or indirect damage suffered by the bearer due to suspension or termination in providing Mobile Money services as stipulated in article 5 hereof.
11.4 MMC shall not be liable for any indirect damage suffered by the bearer when using Mobile Money, indirect damages shall especially mean operation losses and commercial injuries.

 
12. NOTIFICATION

12.1 MMC can send information on the account or Mobile Money services via SMS or any other electronic means accessible by mobile phone through the number contained on the subscription form.
12.2 The bearer shall send any notification to the attention of MMC either at the following address:

361 Rue Drouot, Akwa, P.O Box 15574 Douala
or
an MTN Service Centre.

12.3 The bearer shall immediately notify MMC on any modification of information contained on the subscription form.

 
13. AMENDMENTS

13.1 MMC reserves the right to modify the terms of this contract including billing conditions which shall he brought to the attention of the bearer. Notification of such amendments shall be through publicity, SMS or any other appropriate means, by virtue of which the bearer shall be considered notified of such modification.
13.2 The bearer, by pursuing the use of Mobile Money, after notification, shall be deemed to have accepted such amendments.

 
14. GENERAL PROVISIONS

14.1 The bearer accepts that, information including personal data and transactions on the account shall be registered and stocked for a period of five (05) years from the date of closing the account.
14.2 The entire copyrights, trademarks and any other intellectual property right related to Mobile Money or contained in related documents shall belong to MMC, MTN Cameroon, Afriland First Bank, or their licensors, where applicable. The bearer recognizes not to claim any of such rights.

 
15. LEGAL COMPETENCE

15.1 This contract shall be subjected under Cameroonian law, in case of a dispute due to the implementation of this agreement and subsequent provisions, the parties shall seek an amicable settlement. When amicable settlement cannot be sought, the competent courts of Yaounde and Douala shall be seized.
The Conditions of Use of Mobile Money are equally available at our website: www.mtn.cm