MTN ONE TV | MTN Ghana
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MTN ONE TV | MTN Ghana

MTN ONE TV Terms and Conditions

Please read the terms and conditions below carefully before you start to use MTN One TV. If you do not agree to any of the terms below, you must not use MTN One TV and, if you have already installed it, you must immediately uninstall it. If you use MTN One TV, this will be treated as confirmation that you have read and agree to be bound by all of the terms and conditions below.

Please Note: Please read clause 19 (Important Provisions) which contains important information on the various terms and conditions in these MTN One TV User Terms and Conditions which may affect your risks or your rights.  We have also highlighted in bold various terms and conditions to which you should pay special attention.

1. Your agreement to these MTN User Terms and Conditions

  • Scancom PLC (“MTN GHANA”) (Registration No. PL000322016), a company incorporated under the laws of the Republic of Ghana] (“we”, “us” and “our”) makes the MTN One TV application (“MTN One TV“) available for use on devices, browsers and operating systems that are supported by us.  MTN One TV is made available by us to you. These MTN User Terms and Conditions (the “App Terms “) govern your relationship with us and specify how you are permitted to access and use MTN One TV and what you are specifically restricted from doing. These App Terms will apply to you from the moment that you first download, install, access and/or use MTN One TV.  Similarly, the privacy policy made available to you when you access MTN One TV will apply to you from the moment you first download, install, access and/or use MTN One TV, and is also available at Protection and Privacy Policy. The Privacy Policy forms part of these App Terms.
  • We may update these Terms from time to time. When we do this, we will post the revised Terms on our website MTN Ghana and will let MTN One TV users know (for example, by showing a message when you log in to MTN One TV, or in another way that we in our sole discretion deem appropriate) that the App Terms have changed.  It is your responsibility to read the updated App Terms and understand the changes to them.  If you disagree with anything in the updated App Terms, you must not continue to use MTN One TV and, if you have already installed it, you must immediately uninstall it.  If you continue to use MTN One TV following the update, we will treat this continued use as confirmation that you have read, understood and agreed to the updated App Terms.
  • We may translate these App Terms into multiple languages. If there are any differences between the English version and any other language version of these App Terms, the English version will be the prevailing version (to the extent this is permitted by applicable laws and regulations).

2. Use of MTN One TV

  • MTN One TV enables users to access text, graphics, audio, visual (including still visual images) and/or audio-visual material, software, applications, data, database content or other multimedia content, information, advertisements and material, including the metadata relating to any such content, made available on MTN One TV by us, or a third party acting on our behalf (collectively, the “Content“).
  • MTN One TV can be used on a device running certain versions of the Android operating system, from which you can access the Internet. We may also issue a version of MTN One TV that can be used on certain versions of iOS and/or other operating systems, such as smart TVs or set-top boxes. We will determine which devices and operating systems are supported by MTN One TV and the manner in which MTN One TV can be accessed (each an “Access Device“).
  • MTN One TV requires an internet connection. You are responsible for paying any charges to your internet service provider and/or any other third party that may be applicable to your access to, and use of, MTN One TV. 
  • You may only use MTN One TV and the Content for your own private, non-commercial use.
  • We may update MTN One TV and any information or material on it (including the Content) at any time but we give no guarantee that such updates will continue to support your Access Device. However, we will have no responsibility to provide any corrections, updates or releases in connection with MTN One TV.
  • MTN One TV may not operate at all or function properly if you have not installed the latest upgrade or are not using the latest version of MTN One TV, or if you are not using the latest operating system or software available for your Access Device.
  • We may terminate, suspend, withdraw or restrict the availability of all or any part of MTN One TV or the Content, or add, change or remove any features of MTN One TV or the Content, at any time and for any reason. You understand and agree that we may do so without informing you in advance.
  • MTN One TV and Content are not intended for use in any country where its use would violate local law and regulations and would subject us to liability there. We reserve the right to limit, change, suspend, alter or discontinue our provision of MTN One TV (or Content or functionality available on MTN One TV) in any country at any time if we consider it appropriate in the circumstances, with or without notice to you. You may only access MTN One TV in the country in which you created your MTN One TV account or in countries that we have permitted access to MTN One TV (or the Content available on MTN One TV).

3. Registration and Your Account

  • You must register with us and create an account in order to access and use MTN One TV.
  • You may not subscribe to MTN One TV if you are younger than 12years of age. If you are younger than 18 years of age (but older than 12 years of age), your parents or a guardian must consent to these App Terms on your behalf.  You must immediately discontinue use and delete MTN One TV from your Access Device if you are younger than 12 years of age, or if you are younger than 18 years of age and your parents or a guardian have not given their consent to these App Terms on your behalf.
  • When registering to use MTN One TV, you must give us correct and up to date information and provide the information that we request from you at the time, including (but not limited to) your MTN mobile number (your “Contact Details”).
  • We may send you (and you agree to receive) an SMS text message or any other channel that MTN One TV may use with a code to register for MTN One TV.
  • You must use the account management functionality of MTN One TV to tell us about and/or make any changes to your Contact Details or any other relevant information in your MTN One TV account. If you do not update and/or request us to update such information as required, we will not be liable for any of your losses or anyone else’s losses which occur as a result.
  • You should not download and use MTN One TV on an Access Device that you do not own or control.  You may only access your MTN One TV account on a single Access Device at any given time. 
  • You must at all times keep your Access Device safe and prevent its fraudulent use.
  • You must not use MTN One TV on any Access Device or operating system that has been modified in a way not approved by the manufacturer of the Access Device or the provider of the operating system. Such unauthorized modifications include, for example, devices that have been “jail-broken” or “rooted”.
  • You are responsible for:
    • keeping access to your MTN One TV account and MTN One TV on your Access Device safe and secure and making sure that it is not accessed by or accessible to others;
    • all activity taking place using MTN One TV on your Access Device or through your MTN One TV account; and
    • making sure information (including any Content) shown or stored on your Access Device is kept secure.
  • You may delete your MTN One TV account in the manner specified in clause 9. Similarly, we may suspend or terminate your access to MTN One TV or Content, or delete your MTN One TV account, in the manner specified in clause 9 (or as otherwise contemplated in these App Terms).

4.  Prohibited activities

In addition to your other obligations under these App Terms, you must not do (or try to do), and you must not encourage or help anyone else do, any of the following:

  • provide any false or incorrect information to us;
  • utilise any applications, infrastructure or technology that may obscure your location, including a virtual private network application;
  • using, or attempting to access or use, MTN One TV in a country where it is not permitted to do so;
  • alter, modify or adapt all or any part of MTN One TV or the Content;
  • transfer or otherwise allow any other person to access or use your MTN One TV account;
  • attempt to download any Content or make the Content available for viewing outside the MTN One TV official application;
  • access or use MTN One TV or the Content in a way which breaches any law, rule, order or regulation (whether the violation of law is intended or not) or in a way that contravenes these App Terms or the Privacy Policy, or in any matter which is abusive, offensive or infringes upon the rights of third parties;
  • use MTN One TV or Content in a way that causes, or is likely to cause, MTN One TV, the Content or access to MTN One TV or Content for anyone to be interrupted, inaccessible, non-functional or slowed in any way;
  • make MTN One TV or Content available to third parties;
  • use MTN One TV or Content for commercial purposes unless you have separately agreed this with us; or
  • use MTN One TV or Content in any way not expressly authorised by us.

5.  Privacy

  • The Privacy Policy will be made available to you when you access MTN One TV and applies to you from the moment you first download, install, access and/or use MTN One TV, and is also available at Protection and Privacy Policy. The Privacy Policy forms part of these App Terms.
  • In order to register and be able to access and use MTN One TV and the Content, you will be asked to provide certain personal data, including (but not limited to) your name and your mobile number.
  • By using MTN One TV you agree to our use of your personal data in the manner described the Privacy Policy. For more information about how your personal data is used, please see our Privacy Policy, available at Protection and Privacy Policy.

6.  Advertising content on MTN One TV

7.  Charges MTN One TV offers three different content categories namely: Basic, Standard and Premium.

  • Your mobile network operator may charge you for accessing and using MTN One TV and these charges may vary if you access MTN One TV when abroad. You are responsible for these charges and any other fees (including but not limited to any carrier and roaming fees) or taxes in connection with your use of MTN One TV.

8.  Intellectual property rights

  • We are the owner (or the licensee) of all intellectual property rights in and to MTN One TV and the Content. That material and information includes works protected by copyright laws around the world. You must not (or must not try to), and will not encourage or help anyone else to, do any of the following:
  • copy or reproduce any part of MTN One TV;
  • remove or tamper with any copyright notice attached or contained within MTN One TV;
  • copy or reproduce any trademarks, service marks, logos or branding published or displayed in  MTN One TV; and
  • reverse engineer, decompile, disassemble or decipher MTN One TV or otherwise try to get the source code for (or any part of) MTN One TV.
  • We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable (if you delete your MTN OneTV account or if we terminate your right to use MTN One TV) licence for the limited purpose of accessing MTN OneTV on your Access Device, always subject to these App Terms.

9.  Deletion, Suspension and Termination

  • You can, at any time, delete your account in MTN One TV which will terminate your use of MTN One TV. Please note that deleting MTN One TV from your Access Device will not delete your account.
  • As soon as you delete your MTN One TV account, we will not be able to restore it. We may, however, retain copies of certain information, such as log records, in the manner contemplated in the Privacy Policy and in accordance with applicable law and/or regulations.
  • We can, at any time, suspend your use of MTN One TV (or any Content) if:
  • in our opinion, there are any security risks or concerns related to your use of the MTN One TV App or the Content;
  • we think or suspect, in our opinion, that MTN One TV and/or Content has been used fraudulently or in an unauthorised way, or in breach of these App Terms or the Privacy Policy or any applicable laws and/or regulations;
  • we determine that you have provided false, incomplete or incorrect information to us;
  • there are obligations we are required to meet under any laws and regulations or to any third parties;
  • there are operational reasons that require us to suspend your access to, or use of MTN One TV or Content; or
  • we consider it necessary in the circumstances.
  • We may terminate your right to access and/or use MTN One TV and/or Content and/or delete your account with immediate effect and with or without notice:
  • if, in our opinion, you have breached these App Terms or the Privacy Policy;
  • if the manufacturer of your Access Device, the provider of your Access Device operating system and/or your mobile network operator no longer supports or permits the use of MTN One TV;
  • if we stop supporting MTN One TV on your Access Device or the operating system it runs;
  • your actions have created, or are likely to create, harm, risk, reputational risk or possible legal exposure or risk for us, your mobile network provider or other MTN One TV users; or
  • whenever we may otherwise consider it necessary in the circumstances.
  • Access to MTN One TV and/or Content may be interrupted or suspended from time to time, including, for example, for maintenance or upgrades. We will generally try to notify you of such interruptions and suspensions in advance.  We may notify you by sending you a message when you log in to MTN One TV, push notifications, or SMS, or in any other way. However, sometimes we will not have the opportunity or time to do that in advance, including, for example, if we need to fix something urgently or if it would compromise our reasonable security measures or if it is unlawful for us to do it.
  • We will not be liable for any losses to you or anyone else which result from any interruption or suspension of MTN One TV or the Content, or from you not being aware of it in advance.
  • Dormant Accounts: We reserve the right to deactivate dormant accounts. The reason we do this is to maintain accurate and up-to-date records and to manage our storage and security risks. If you have not logged into MTN One TV for a consecutive period of 6 (six) months, your account will be deemed to be dormant, and we may deactivate your account.
  • If your right to use MTN One TV has been terminated or you have deleted your account on the MTN App:
  • any provisions of these App Terms that by their nature should continue to apply after deletion of your MTN One TV account will continue to apply. This includes (but is not limited to) all provisions relating to intellectual property (except for your license to use MTN One TV and Content, which will end automatically when your right to use MTN One TV and/or Content is terminated or your MTN One TV account is deleted), liability, indemnities and choice of law;
  • we may keep and process some or all of your personal data in the manner contemplated in the Privacy Policy and in accordance with applicable law and/or regulations;
  • you will be liable for any fees or charges that you have incurred prior to the termination of your account; and
  • we can disable, reclaim and reuse your account name, user ID and other identifiers you have used in connection with MTN One TV.

10. Liability

  • MTN One TV and Content are provided “as is” and on an “as available” basis with no representations or guarantees as to performance or functionality. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to MTN One TV, any information or material on it and/or the Content, whether these representations or guarantees are express or implied, including, for example, fitness for purpose, merchantability, free from viruses or other contaminating or destructive properties, availability, loss of data or non-infringement. You understand and agree that:
  • communication sent over the Internet is not guaranteed to be completely secure and may be subject to possible interception, monitoring, delay, disruption, loss or alteration; and
  • we are not responsible for, and will have no liability in respect of, any interception or monitoring of communications by third parties, or any delay or failure in transmitting communications or Content, or loss or alteration of any communications or Content sent or submitted via MTN One TV.
  • We do not guarantee the suitability, accuracy or completeness of any information or material we publish on MTN One TV and we reserve the right to change it at any time without notice.
  • MTN One TV’s performance depends on a number of factors, including your network connection. MTN does not guarantee uninterrupted service or specific streaming quality, as various factors like network strength and device capabilities may impact functionality.
  • To the fullest extent permitted by law, our total liability to you for any losses, damages, liabilities, costs, expenses or charges, whether in contract, tort, including negligence, or otherwise in connection with MTN One TV and these App Terms will not be greater than USD $50. This means that, in the event that you successfully pursue a claim against us, you will not be able to receive more than USD $50 unless the laws do not allow this.
  • To the fullest extent permitted by law, we will not be liable to you for:
    • any losses, damages, liabilities, costs, expenses (including but not limited to legal fees) or charges (whether arising in contract, tort, including negligence, or otherwise); and/or
    • any indirect, special, incidental or consequential damages or losses, including (but not limited to) loss of revenue, profit, business, reputation, anticipated savings or goodwill, arising from or in connection with:
      • your use or attempted use of MTN One TV or Content;
      • your inability to use MTN One TV or Content, or a degraded or poor experience when accessing MTN One TV or Content;any failure, interruption, unavailability, delay, defect, error or omission in MTN One TV and/or Content; any data privacy breach; and/orany other matters arising otherwise in connection with MTN One TV, the Content or these App Terms,
      • regardless of whether we had been advised of or were aware of the possibility of such losses or damages being incurred.
  • Nothing in these App Terms limits or excludes or limits our liability for fraud or fraudulent misrepresentation, personal injury or death caused by negligence, or any other liability that cannot be limited or excluded by law.
  • This clause 10 (as well as every other term and condition in these App Terms) apply to the fullest extent permitted by applicable laws. You may have additional rights under those laws, which differ or supplement the rights described above.  If this is the case, nothing in this clause 10 (or anything else in these App Terms) should be interpreted to mean that you have forfeited these rights, where the law does not allow this.

11.  Indemnity

  • You indemnify us against any liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other costs and expenses) suffered or incurred by us as a result of or in connection with:
    • any breach by you of these App Terms or the Privacy Policy; and/or
    • any breach by you of our rights (including intellectual property rights) or the rights (including any intellectual property rights) of third parties.

12.  Communications

  • We may sometimes contact or communicate with you (in connection with these App Terms or for other reasons) by showing a message when you log in to MTN One TV, through push notifications, SMS, or in any other way. We will communicate with you in English, and we expect that you will communicate with us in English as well.

13.  Abnormal and unforeseen circumstances

  • We are not responsible if we do not comply with any of these App Terms, or if MTN One TV malfunctions or does not operate as expected:
    • due to circumstances beyond our reasonable control; or
    • due to our obligations under any laws or regulations.

14.  No limitation to your legal rights

Nothing in these App Terms will reduce any rights you are entitled to under the law in your country (including any rights under applicable consumer protection regulation).

15.  Third Party Rights

No person other than you and us will have any right to benefit from or enforce any of the provisions of these App Terms, provided that we may authorise an affiliated company of ours to exercise rights on our behalf.

16. Additional provisions

  • If, for any reason, we fail to enforce any right or remedy under these App Terms, this will not constitute a waiver of, and will not restrict in any way, our right to exercise that or any other right or remedy.
  • If any provision of these App Terms is found to be illegal, void, invalid or unenforceable (in whole or in part) by any law, rule, order or regulation or by the final determination of any court of competent jurisdiction, such invalidity or unenforceability will not have an effect on the other part of that provision or the other provisions of these App Terms which will remain in full force and effect.
  • You must not novate, assign, cede, delegate, make-over or otherwise transfer any of your rights or obligations under these App Terms to anyone else.

17. Governing law

  • Without limiting your rights under any other applicable laws:
    • these App Terms and any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with them, or their subject matter or formation, will be governed by and interpreted in accordance with the laws of the Republic of Ghana ; and
    • the courts of the Republic of Ghana will have exclusive jurisdiction to settle any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with these App Terms or their subject matter or formation. 

18.  Contact us

If you want to contact us for any reason, please email our customer support team at [customercare.gh@mtn.com].

19. Important Provisions

Under the laws of certain countries, we are required to point out certain important provisions in these terms and conditions to you.  The clauses which contain these important provisions and the reasons why they are important are set out below.  It is also very important that you read all of these clauses carefully and not just what we say below.

  • Limitations of risk, legal responsibilities and liability. Clauses 2, 3, 5, 9, 10, 13 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you.   As a result of these clauses, your rights and remedies against us and these other persons and entities are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
  • Assumptions of risk, legal responsibilities and liability by you. Clauses 3, 4, 8, 9 and 11 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for claims and other amounts.  You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these clauses.
  • Acknowledgements of fact by you. Clause 1 is important because it contains statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements.
  • Your indemnification obligations. Clause 12 requires you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that that may be suffered by us and other persons or entities as a result of the events set out in these clauses.  You also required to indemnify us and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in these clauses.   This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.

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