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TERMS AND CONDITIONS OF USE

 

Terms and conditions for purchase and /or use of AIRTEL Pay As You Go starter SIM pack.

1. The cell phone number (“MSISDN”) is printed on the SIM card cover contained in this starter pack(“kit”)

2. AIRTEL shall be entitled to cancel the subscriber’s number and deactivate the card If the subscriber does not connect the SIM card to the AIRTEL network within 180 days of purchasing it and shall be at liberty to allocate the number to any person.

3. AIRTEL shall be entitled to cancel the subscriber’s number and deactivate the card in the event that the subscriber stops using the SIM for a period of 90 consecutive days.

4. Where Airtel has cancelled or deactivated the number, the subscriber shall be required to purchase a new SIM card which may have a new number.

5. Airtel may only give back the subscriber the same number if the number has not been located to another subscriber

6. AIRTEL reserves the right to change these time periods mentioned in items 2 and 3 with or without notice.

7. The Airtel SIM card allows you to make local, national and international calls and other services in line with the tariff plan chosen by the subscriber. It will also allow you to make calls on foreign networks where AIRTEL has roaming agreements.

8. The AIRTEL tariff guide sets out the price of calls and other service fees payable for accessing the AIRTEL network. AIRTEL reserves the right to alter such prices and fees at any time.

9. Where the subscriber receives a call; the cost of such a call will be on the caller’s account at a rate applicable on the relevant network used by the caller.

10. AIRTEL is not responsible for any calls and/or services being cut off due to the subscriber’s credit having expired for any reason. AIRTEL will, however, endeavour to contact the subscriber to advise that airtime minutes are limited, prior to their running out.

11. AIRTEL is not responsible for a call being interrupted and/or failing for any reason or for any interruption in the network services.

12. The risk in and to the products and services contained in this kit transfers upon delivery of the kit to the subscriber. Accordingly, AIRTEL takes no responsibility for any loss or damage of any of the contents of this kit, including inter alia the SIM card or the airtime card where applicable. In the event of the subscriber losing the cell phone, airtime and/or SIM card, such items must be replaced at the subscriber’s cost.

13. For security reasons, should the subscriber incorrectly enters the PIN code more than (3) consecutive times, the SIM card will be blocked in which event the subscriber shall not be able to make or receive calls on that SIM card. The SIM Card may be unblocked by entering PUK number printed on the card holder into the required field of the cell phone.

14. The subscriber shall ensure that the kit is still sealed when received, as AIRTEL is not responsible for any missing contents from this kit should the seal have been removed prior to its delivery to the subscriber.

15. In event that the subscriber loses the SIM card and/or cell phone, the subscriber should report this to AIRTEL immediately.

16. In the event of losing the SIM card the subscriber has a choice of either purchasing a new SIM card with a new MSISDN or performing a SIM swap from an AIRTEL Authorised Agent in which event the MSISDN shall remain the same. The new SIM card will be charged at a rate determined by AIRTEL in accordance with any relevant regulatory requirements.

17. The subscriber shall not in any way tamper with, modify or decompile the SIM card. In the event that AIRTEL has a reason to believe that the subscriber has so tampered with the SIM card, AIRTEL reserves the right to suspend the subscriber’s network services.

18. In purchasing this kit:

18.1 you acknowledge that AIRTEL has shall not be liable for any loss, injury or damage to any person arising out of the possession and/or use of your cell phone or contents of this kit.

18.2 The subscriber indemnifies AIRTEL and hold it harmless from and against any liability arising out of claims made against AIRTEL, its employees and/or its agents in connection with the cell phone and the contents of this kit. Furthermore, the subscriber acknowledges that AIRTEL shall not be liable for any loss or damage or injury to the subscriber or any person arising out of the possession and/or use the cell phone or the contents of the kit.

18.3 You acknowledge that use of the SIM card and provisioning is subject to system availability at the time.

18.4 You acknowledge that there may be interruption in services due to circumstances which are beyond the Airtel’s control, however Airtel undertakes to act on such interruptions promptly.

19. Without detracting from any other provisions of these terms and conditions, AIRTEL shall not be liable to the subscriber for any loss or damage that may have been caused by any negligent act or omission on the part of AIRTEL, its employees and/or its agents.

20. No warranties are given in relation to the AIRTEL network services.

21. You are entitled to refer any dispute relating to the AIRTEL network to the relevant regulatory bodies.

22. In the event of the VAT rate being varied in any way, the number of the units contained in the airtime card will decrease proportionately.

23. AIRTEL reserves the right to, without notice change the method by which the subscriber purchase the prepaid airtime on the AIRTEL network. Any services made available to the subscriber upon the purchase of this kit may be varied by AIRTEL from time to time. Furthermore, the charges of such services (if any) may be varied by AIRTEL without notice.

24. Upon termination of the provision of the network services to the subscriber for any reason the subscriber will forfeit any airtime credit or access period not utilized at the date of termination.

25. AIRTEL shall send messages to the subscriber from time to time informing the subscriber of any products and services offered.

 

MOBILE COMMERCE TERMS OF USE

 

THE AGREEMENT

 

THIS AGREEMENT (“Agreement”) governs the use of Mobile Commerce Services acceptance of which will be acknowledged by using the services.The parties agree to be bound by all existing general terms and conditions governing Airtel Money which may hereinafter be enacted, issued or enforced, as well as such other terms and conditions governing the use of other benefits or services which may from time to time be made available in connection with the Mobile Commerce services.

 

DEFINITIONS

 

The following definitions relate to these Terms of Use:

“Virtual Account”-the Customer’s Mobile Commerce Account which is the record maintained by Airtel Money of the amount of virtual money held by the Customer and represented by an equivalent amount of cash held by the Settlement Account on the Customer’s behalf

“Active Account status”-when a SIM has calls or data or Mobile Commerce services being conducted through it regularly

“Inactive Account status”- when a SIM has had no calls or data or Mobile Commerce services being conducted for a consecutive period of 3 months

“Agent(s)”-individual(s) registered by Airtel Money to provide Mobile Commerce Services

“Agreement” - these Terms of Use together with the Registration Form

“Balance” - the amount of virtual money standing in the Customer’s Account

“Cash out fee”- money paid to an Agent for converting virtual money to cash

“Cash in fee”-money paid to an Agent for converting cash to virtual money

“Cash in” - process of converting cash to virtual money at authorized Airtel Money Agents locations

“Cash out” - process of converting virtual money to cash at authorized Airtel Money Agent locations

“Confirmation SMS” – text message with transaction details delivered to both originating party and recipient upon successful transaction execution

“Customer Care Centre”- center where dedicated Airtel Money representatives specifically trained to help the Customer with Mobile Commerce services questions and concerns can be reached

“Customer”- an individual whose virtual account is registered on the Airtel Money Mobile Commerce platform

“Default password” – four digits (1234) pin code issued to the customer upon registration, and which for security purposes the Customer will be asked to change immediately

“Fees”- tariffs and other charges payable under this Agreement for the Mobile Commerce Services.

“ID Number”- the number associated with the form of identification provided by the Customer

“Virtual Money” represents a record stored on the Airtel Money Mobile Commerce servers of the Customer’s entitlement to an equivalent amount of cash held by the Airtel Money in a settlement account

“Mobile Commerce Transaction” means any transaction which results in the Customer’s virtual account being credited or debited with virtual Money

“Nick-name”- 3-7 character name automatically created for the Customer at the account origination and used to protect the Customer’s privacy and enhance security. The Customer can change the Nick-name any time.

“Originating party”- A customer or Agent who is transferring funds from a virtual account to a recipient

“Password” – 4 digit personal identification number being the secret code the Customer chooses to access and operate his / her virtual account“Recipient” means a customer or agent who is designated by the Customer to receive virtual money from the Customer’s virtual account

“Registration Form” – a structured form containing required registration details and acceptance of these Terms of Use by the Customer

“Terms of Use”- terms and conditions contained in this document, and as may be varied by Airtel Money from time to time

“Transaction fee”- actual charges for use of the Mobile Commerce services as published in Mobile Commerce User Guide

“Settlement Account”- the Bank Account maintained by Airtel Money into which all Payments are made and held by Airtel Money on behalf of the Customer

“Top up”- process of buying Pre-paid airtime for the Customer or someone else airtime account using the Customer’s virtual account

“User Guide”-describes Mobile Commerce services and its use

“We” or “Us” or “Our” means Airtel Money

 

THE MOBILE COMMERCE SERVICES

 

The Mobile Commerce services are made available to the Customer subject to these Terms of Use:-
Airtel Money promises to deliver Mobile Commerce Services to the Customer within the Mobile network operators coverage area,

though we do not guarantee that the Mobile Commerce services will be available to the Customer at all times and we will not be held responsible or liable for any loss arising as a consequence of any non-availability of the Mobile Commerce Services. Please note that there are certain instances and factors including (but not limited to) acts of God,

geographical topography, weather conditions, planned maintenance or rectification work on the Network may interfere adversely with the quality and provision of the Mobile Commerce Services.

2. In the event of damage, loss or theft of the Customer’s SIM card the Customer is obliged to inform us immediately by calling Airtel Money Customer

Care in order to prevent unauthorized activities on the Customer’s Mobile Commerce Account. The Customer will be held responsible for all charges and transactions conducted on the Customer’s virtual and / or bank account prior to the notification receipt.

The Customer will be required to indemnify us against any claims made in respect to any transactions executed from their virtual account prior to such notification being received. A replacement fee will be applied when the SIM is replaced.

3. Please note that the confidentiality of the Customer’s communications via our Network is not guaranteed.

The Customer is advised that for reasons beyond our control, there is a risk that their communications may be unlawfully intercepted or accessed by individuals other than the intended recipient. We cannot accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality.

4. The Customer accepts that we may disclose or receive personal information or documents about the Customer:- to and from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud to and from our service providers (including dealers, agents, or any other company that may be or become our subsidiary, parent company or partner),

for reasonable commercial purposes connected to your use of the mobile service or the Mobile Commerce services, such as marketing and research related purposes to facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement to our lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature)

5. The Customer must comply with any instructions that we may give The Customer from time to time about the Mobile Commerce services

6. The Customer’s calls, e-mail or SMS may be monitored or recorded for use in business practices such as quality control,
training, ensuring effective systems operation, prevention of unauthorized use of our telecommunications system and detection and prevention of crime.

 

ACCEPTANCE AND COMMENCEMENT OF CONDITIONS OF USE

 

7. The Customer is deemed to have accepted these Terms of Use, and as may be amended from time to time and which take effect upon Registration of their virtual account

 

SUSPENSION AND DISCONNECTION OF THE SERVICES/CLOSURE OF ACCOUNT

 

8. We may suspend (bar), restrict or terminate the provision of the Mobile Commerce services (in part or whole) and/or close the Customer’s virtual account without any liability from our side under the following circumstances:

9. Mobile Commerce services are being used in an unauthorized, unlawful, improper or fraudulent manner or for criminal activities (or has been so used previously) by the Customer

10. Non compliance with Mobile Commerce terms of use by the Customer.

11. The Customer’s mobile phone/SIM card is lost or stolen, or the Customer’s Password is lost or disclosed to an undesired third party. Such loss of SIM card or password disclosure must be reported to us by the Customer within 24 hours of losing it.

12. Where we close The Customer’s SIM card as being “inactive”

13. For reasons outside of our control

14. Upon receipt of the Customer’s request to close their virtual account

15. Any credit balance remaining in the Customer’s virtual account will be paid to the Customer in cash after a proper ID verification process at an Airtel Money Customer Care Centre. FEES

16. Transaction fees will be automatically deducted from the Customer’s Mobile Commerce Account in the amount disclosed in User Guide available from any Airtel Money Customer Centers, Airtel Money authorized agents or Airtel Money website. After each successful transaction the Customer will receive confirmation SMS with their new balance.

17. All transactions transferring funds to/from the Customer’s virtual account to/from a bank account are subject to additional fees established by the respective banking institution

18. Airtel Money will publish recommended “Cash in” and “Cash out” fees in the User Guide for the Customer’s reference, but will not be held responsible for the final price settled between the Customer and the Agent

18.1 You acknowledge that use of the SIM card and provisioning is subject to system availability at the time.

18.2 You acknowledge that there may be interruption in services due to circumstances which are beyond the Airtel’s control, however Airtel undertakes to act on such interruptions promptly

19. Airtel Money reserves the right to change/modify the fee structure if and when the need arises. The Customer will be notified of such fee modifications by way of advertisement in daily newspapers, SMS, through our Website, and or by using any other suitable means, provided that the Customer is notified. Continuation of the service usage after such notification will be perceived by us as acceptance of the said modification.

 

TRANSACTIONS

 

20. The Customer’s virtual account will be credited upon receipt of the Customer’s cash by the agent

21. The Customer will not be able to transact if they do not have enough funds in their virtual account to cover the transaction amount, and all applicable fees and charges

22. After successful registration and funding of the virtual account, the Customer will be able to use the following Mobile Commerce functionalities:

23. Send airtime to friends and family (Top Up)

24. Send virtual money from the Customer’s virtual account to another Airtel Money virtual account using their Phone Number

25. Send virtual money from the Customer’s virtual account to another Airtel Money virtual account using a preset Nick-name

26. Send virtual money from the Customer’s virtual account to a bank account and vice versa

27. Receive virtual money in their virtual account

28. Pay for goods and services, settle invoices and bills with virtual money from their virtual account

29. Perform Cash in/Cash out activities through our agents

30. Request activity reports, balance check for both their virtual and bank account

31. Change their password / nick-name

32. After each successful transaction both recipient and origination party will receive confirmation SMS with a unique Transaction ID and an updated balance of their virtual and / or bank account It is the Customer’s responsibility to verify the accuracy of the information,

including but not limited to: amount, phone number, nick-name, beneficiary’s first and last name, account number, branch code) before sending the execution

command to our system as we will be unable to reverse or charge-back any transfer instruction for any reason, including in the event of any dispute with any originator or recipient, be it another Customer, an agent, or any other entity.

SECURITY AND UNAUTHORISED USE

33. Only one password can be linked to the Customer’s virtual account at any one time

34. Only the Customer may utilize their virtual account and password

35. The Customer is responsible for keeping their password safe and private

AIRTEL MONEY RESPONSIBILITY

36. Airtel Money hereby declares that it holds all funds received on the Customer’s virtual account for the benefit of the Customer and that the Customer shall be beneficially entitled to all those settlement amounts standing to the credit of the Customer’s virtual account. The Customer agrees that Airtel Money may treat the records of the Airtel Money commerce system as conclusive evidence of the amount of virtual money

at any time standing to the credit of the Customer’s virtual account, and Airtel Money is not bound to make any independent investigation of the Customer’s beneficial entitlement to the settlement amounts.

The Customer further acknowledges that, in relation to any funds transfer by the Customer in respect to their entitlement in the settlement amounts, Airtel Money may act on instructions given by the Customer using their password, or instructions supposed to be given by the Customer using your password, even if they are actually given by a third party.

37. The Customer acknowledges that Airtel Money shall have no obligation to invest the settlement amounts other than by way of holding the same in the settlement account.

The Customer further acknowledges that, to the extent that any interest accrues on the settlement amounts, the Customer shall have no beneficial entitlement to such interest and the settlement bank shall be entitled to retain such interest to defray

its own costs and expenses and/or to pay the same to Airtel Money towards the costs and expenses of operating the Mobile Commerce system.

LIABILITY AND EXCLUSIONS

38. In the event that we are compelled to change or reassign the Customer’s telecommunications numbering to meet regulatory requirements or for any other reason our liability will be limited to retaining the Customer’s virtual account and where possible,

transferring the Customer\s virtual account to a new MSISDN (Mobile Subscriber Intergrated Services Digital Network), failing which the customer will be paid the Credit Balance standing in the Customer’s virtual account in cash.

39. To the maximum extent permissible by law we exclude warranties of all kinds, either express or implied.

40. All agents are independent outlets authorized by Airtel Money to provide Mobile Commerce services and Airtel Money bears no responsibility or liability for any default or negligence on the part of the agents in providing the Mobile Commerce Services

41. Airtel Money is not liable for any loss which the Customer may suffer unless it is directly caused by Airtel Money actions. In this case Airtel Money will only be liable for the amount of the loss of an average customer, and not any loss resulting from the Customer’s particular circumstances; even if we know that the Customer’s circumstances are unusual.

 

MISCELLANEOUS

 

42. This Agreement may not be assigned to any other person.

43. No failure or delay by either Airtel Money or the Customer in exercising any right or remedy hereunder shall operate as a waiver

thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

44. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law

45. If any provision of these Terms of Use shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein and all provisions not so affected by such invalidity or unenforceability shall remain in full force and effect.

 

REPORTS

 

46. You may obtain a balance enquiry from your Mobile Equipment and You are able to receive the following Mobile Commerce activity reports:

47. Current balance

48. Last 2 transactions

49. Transaction status

50. Previous day transactions

51. Summary for a particular day

52. Last month summary

53. Reports can be delivered in both SMS and e-mail format

 

FAILURE OR MALFUNCTION OF EQUIPMENT

 

54. We are not responsible for any loss arising from any failure, malfunction, or delay in mobile Network, mobile phones, or Internet resulting from circumstances beyond our reasonable control

GENERAL

55. The Customer must pay all Airtel Money expenses in recovering any amounts owed to Airtel Money including legal fees, collection fees and tracing fees

56. Airtel Money will not be responsible to the Customer for any indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible and whether arising in contract or statute.

57. The Customer must notify Airtel Money immediately of any change of their details as submitted in their registration form

58. The Customer agrees that their submitted information, including their personal information, conversations with our Customer Care Centre and transactions will be recorded and stored for record keeping purposes for a period of not less than 3 years from date of virtual account closure

59. All copyrights, trademarks and other intellectual property rights used as part of the Mobile Commerce services or contained in our documents are owned by Airtel Money. The Customer agrees that they acquire no rights thereto.

60. Any legal inquiries and/or notices for Airtel Money shall be sent to the address provided on the form

 

JURISDICTION AND ARBITRATION

 

61. This Agreement is governed by the laws of Zambia.

62. Any dispute arising out of or in connection with this Agreement shall be referred to arbitration by a single arbitrator to be appointed by agreement
between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, to the Judge in charge for the time being of the High Court (Commercial Division) of Zambia. Such arbitration shall be conducted in Lusaka in accordance with the Rules of Arbitration subject to and in accordance with the provisions of the Arbitration Act,Cap 40 or its successor legislation

63. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.

Airtel Mobile commerce Zambia Limited (Airtel Money)

Airtel House, Stand 2375 Corner of Addis Ababa Drive & Great East Road, Lusaka

Tel: 0977 915000 Fax: 0979 738025

 

 

Website Access Terms and Conditions

 

1. Site

 

That certain proprietary website located at http://africa.airtel.com ("Site") is owned and operated by Bharti Airtel (International) Netherlands BV, with offices at Bharti Airtel (International) Netherlands (BAIN), Keizersgracht 62-64, 1015 CS Amsterdam, the Netherlands ("Airtel," "we," "us" or "our").

By accessing or using the Site, you ("you" means the customer that enters into these terms and conditions (and "your" shall be construed accordingly)) agree to be bound by the terms and conditions below ("Terms and Conditions").


These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific webpages or on notices that are sent to you.


If you do not agree with these Terms and Conditions, please do not use this Site and do not proceed with any registration steps. By continuing to use the Site, you agree to be bound by these Terms and Conditions.


Airtel reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice.


Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have understood and accepted the changes.

 

2. Copyrights and Limitations on Use.

 

All content in and on this Site, including without limitation, site layout, design, images, programs, text,
recorded material(s), software, code, scripts, webpages, music, sound, photographs, video, graphics,
graphical user interface, forms, diagrams or other information (collectively, the "Content") is the property of Airtel


and its affiliated companies or licensors and is protected by copyright and other intellectual property laws. Notwithstanding anything in these Terms and Conditions or on the Site,


Airtel reserves the right, in its sole discretion, to alter, modify, upgrade, update, suspend or withdraw the Site, the Content, and these Terms and Conditions, or any part thereof, at any time.

You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions or relevant license or subscriber agreement.

You may download Content from the Site exclusively for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Airtel.

You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (i) continuously and automatically search or index any Content,


unless authorized by us; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site.


If this Site contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to:


Bharti Airtel (International) Netherlands (BAIN), Keizersgracht 62-64, 1015 CS Amsterdam, the Netherlands.

You may not use the services on the Site to publish or distribute any information (including software or other content) which is illegal,
which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law.


Airtel may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities, network and/or services.

You may not, without the prior written approval of Airtel, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services.


For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services.

Similarly, you may not use the Site to download and redistribute public information or shareware for
personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.

Notwithstanding the foregoing, in any interactive areas of this Site (the "Interactive Areas"), which includes, without limitation, any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you a) may list along with your name, address and email address, your own web site's URL and b)

may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Site.

Airtel reserves the right, in its sole discretion, to terminate your access to the Site, and the related Content and services, or any portion thereof at any time and for any reason, without notice. Upon termination of your access by Airtel, your right to use and access the Site and all related Content and services immediately ceases.

Airtel shall have no obligation to maintain any Content.

3. Material Provided to Us or Posted On or Through the Site.

We do not claim ownership of any material that you provide to us (including feedback and suggestions) or post, upload, input or submit on or through this Site, including our blog pages, message boards, chat rooms and forums, for review by the general public or by the members of any public or private community ("Submission") and we are not responsible for its content or accuracy.

However, by posting, publishing, uploading, or distributing any messages, data, information, text, graphics, links, content, or other materials (collectively, "Postings") for use on this Site, you grant (or warrant that the owner of such rights has expressly granted)

Airtel a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe

. You agree that you shall have no recourse against Airtel for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Airtel.

No compensation will be paid with respect to the use of your Submission. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion.

If you participate in Interactive Areas on this Site, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way,


including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech,


or would constitute or encourage a criminal offence, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law,


or the regulations of the any regulators (wherever located and however mandated), either intentionally or unintentionally. Airtel may delete your Posting at any time for any reason without permission from you.

In case you fail to comply with the Terms and Conditions, an e-mail will be sent to you informing you why your Submission through

this Site has failed or been edited. This e-mail will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.

This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of the Site areas.

4. Postings to be in Your Name; Registration.

Your Postings shall be accompanied by your real name and shall not be posted anonymously.

Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area.

Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.

Should you choose to register on this Site, following registration you may be issued with access information ("Access Information") that may be used to access the Site and/or the Services and any pages for which registration is required. Airtel reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.

Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring that no unauthorised access to the Site and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorised or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.

As the registered user of the account you will:

  • - keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text;
  • - provide true, accurate, current and complete information in all fields indicated as compulsory when registering as an "Authorised User";
  • - if your Access Information becomes known to any other unauthorised user you must inform Airtel immediately.

If any information provided by you is untrue, inaccurate, not current or incomplete, Airtel has the right to terminate your account and refuse any and all current or future use of the Services or access to the Site.

Monitoring

Airtel shall have the right, but not the obligation, to monitor Postings to the site to determine compliance with these Terms and Conditions and any operating rules established by Airtel and to satisfy

any law, regulation or authorized government request. Airtel is not responsible for the content in such Postings or any content linked to or from such Postings. Airtel however reserves the right, in its sole

discretion, to monitor Interactive Areas, Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.

6. Links to Other Sites.

The Site may contain hyperlinks to other sites or resources that are provided solely for your convenience. Airtel is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Airtel. Because Airtel is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

7. Linking to this Site.

You may provide links to the homepage of this Site, or any section or sub-page thereof, upon prior notification to Airtel. In no event shall Airtel, its affiliates, and their respective employees, agents, officers or directors be responsible for any such links or the content thereupon ("Your Link"). You shall remain solely responsible for Your Link, and shall hold Airtel harmless in respect of any claims, regardless of legal theory in which these may sound, arising from or relating to, whether directly or indirectly, Your Link.

8. Advertisers.

This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. Airtel will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.

9. Third Party Content.

Third party content (including, without limitation, Postings) may appear on this Site or may be accessible via links from this Site. Airtel shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of fact or law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content

contained in any third party content appearing on this Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Airtel. Further, information and opinions provided by employees and agents of Airtel in Interactive Areas are not necessarily endorsed by Airtel and do not necessarily represent the beliefs and opinions of Airtel.

10. Disclaimer of Warranties and Liability.

Neither Airtel, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site

ncluding the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH AIRTEL DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. If the Content contained on this site contains legal, medical, health sciences or other information of a technical or specialized nature, it is intended for professional use only, and subject to these Terms and Conditions.

NEITHER AIRTEL NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND

ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL AIRTEL, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. AIRTEL AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL AIRTEL'S CUMULATIVE LIABILITY (INCLUDING ANY AND ALL DAMAGES, COSTS, FEES AND/OR PENALTIES) FOR ANY BREACHES, DISPUTES, CONTROVERSIES AND CLAIMS ARISING HEREUNDER OR RELATED HERETO EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF CONSIDERATION PAID BY YOU TO AIRTEL ON THE SITE IN THE MOST RECENTLY CONCLUDED CALENDAR YEAR. RECOVERY OF SUCH AMOUNT BY YOU AS LIMITED HEREBY WILL BE YOUR SOLE AND EXCLUSIVE REMEDY, AND YOU HEREBY RELEASE AIRTEL AND ITS AFFILIATES, AND THEIR RESEPCTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND SHAREHOLDERS, FROM ANY LIABILITY IN EXCESS OF SUCH AMOUNT.

Airtel neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our system

11. Systems Reliability.

Airtel aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. Airtel shall not be liable for lost information or non-availability of the Site and/or services.

12. Indemnification.

You hereby agree to indemnify, defend and hold Airtel, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from your use of the Site or Content.

13. Third Party Rights.

The provisions of paragraphs, Disclaimer, Limitation of Liability, and Indemnification are for the benefit of Airtel and its affiliates, and their respective officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

14. Unlawful Activity.

Airtel reserves the right to investigate complaints or reported violations of these Terms and Conditions, and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any

nformation necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

15. Remedies for Violations.

Airtel reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular internet address to this Site and any other Airtel web sites, features, and networks.

16. Compliance with Laws.

You acknowledge that both national and supranational laws and regulations may apply to this site, including certain content licensing strictures, which prohibit the use, access or display of certain Content to certain countries and persons. You agree to comply strictly with all applicable laws, regulations and orders, and assume sole responsibility for obtaining any additionally required licenses or permissions.

17. Consideration; Continued Compliance with other agreements with Airtel.

You agree and acknowledge that (i) you are responsible for all then-applicable fees, costs and charges incurred while accessing the Site and the Content located therein, and (ii) you are and shall remain responsible for complying with all the applicable terms of any other agreements between yourself and Airtel (or its affiliates).

18. No Exchanges, Returns or Refunds.

For the avoidance of doubt, to the extent you incur charges, costs or fees in accessing the Site and/or the Content therein, you agree and acknowledge that no exchanges, returns and/or refunds will be permitted.

19. Governing Law and Venue.

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflicts of law principles.
Any dispute, controversy or claim arising out of or in connection with the Site, the Content and these Terms and Conditions, including any questions regarding its existence, validity, breach, or termination,
shall be referred to and finally resolved by arbitration in Nairobi. A tribunal shall consist of a single arbitrator to be appointed by the ICC under the ICC Arbitration Rules. The language of the arbitration shall be English.
The parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.

20. Trademarks.

All trademarks appearing on this Site are the property of their respective owners.

21. Modifications to Terms and Conditions.

Airtel reserves the right to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will appear on this Site and are effective immediately, unless otherwise explicitly specified. You are responsible for regularly reviewing the Terms and Conditions. Continued use of this Site after any such changes constitutes your acknowledgment of, and consent to, such changes.

22. Notices.

Any notices, demands or other communications may be deemed served by Airtel by posting them on the Site or by email or such other methods as prescribed in this Terms and Condition or by Airtel from time to time. All such notices, demands or other communications are deemed served when: (i) posted on the Site; or (ii) if by email, when sent to your email address notified to Airtel in writing and shall be effective on the date and time of transmission by the mail server operated by Airtel and/or

its service provider unless Airtel receives a non-delivery of 'returned mail' reply message or any error message indicating that the email was not successfully sent to your mailbox or your mail server or the mailbox of your designated service provider within (twenty four hours) from the date of transmission of the email from the email server operated by Airtel or its service provider; or (iii) such other method as prescribed in these Terms and Conditions.

23. Severability.

These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

24. Waiver.

Airtel's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Airtel in writing.
Revised: November 2013