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Smart Survey Terms and Conditions

The following terms and conditions of service ("T and C") shall apply to the use of the MTN Nigeria Telecommunications Limited's ("MTN)" Smart Survey (‘the Service). The T and C is a legally binding agreement between the User and MTN in relation to the User's use of the Service. By using and/or visiting this website, you signify your agreement to these T and C; if you do not agree to any of these terms of the T and C please do not use the Service.

1. Definitions and Interpretations


1.1. "Data" means the information received from users that have utilised the Service on the MTN platform.

1.3. "Parties" shall refer to MTN Nigeria Telecommunications Limited and the users collectively. "Parties" shall refer to MTN Nigeria Telecommunications Limited and the users individually.

1.4. "Service" means the provision of users with a way to earn airtime by completing survey on their mobile phones through Unstructured Supplementary Service Data (USSD)

1.5. "Survey Short Code" means the approved four (4) digit USSD short code used by MTN for research/survey services.

1.6. "Registration" means the process required for a user to opt-in for the service and to be subsequently engaged with a survey that fits the user's profile, based on information provided to MTN.

1.7. "Reward" means the benefits in the form of free airtime provided to the users. This shall be applicable to users who successfully complete and deliver the surveys within a session.

1.8. "URL" means Uniform Resource Locator, which is the address of a World Wide Web page.

1.9. "User" refers to any MTN subscriber that registers on the platform to utilise the Service.

1.10. "USSD" means Unstructured Supplementary Service Data, which allows the User to send short command messages from their mobile phones in to order access the Services through a secure gateway

2. Scope of the Service


3.3. MTN agrees to provide the Service and the User agrees to the terms and conditions specified in this document and indicates such acceptance by either completing the application form (‘the application form') to which this document is attached or registering on the MTN website (www.mtnbusiness.com.ng/research) or any other MTN registered website for the Service.

By subscribing to the Service, the User consents to the Terms and Conditions set out herein.

3.5. Consent of the User shall commence upon an application for the Service and shall subsist throughout the period of subscription to the Service and shall only be vitiated by a written instruction from the Customer.

3.6. For all intents and purposes, by subscribing to the Service the user unequivocally gives consent to MTN to collect, process, share with third Parties or adapt the Data provided by the User on an unrestricted basis..

3.7. MTN may disclose the User's information if required to do so by law.

3.8. An agreement between MTN and the User is deemed established upon completion of the Registration processes outlined in Clause

3.1 above. This document and the application form (hereinafter collectively referred to as the ‘agreement') supersedes any and all other agreements explicit or implied between the User and MTN with regard to the Services.

4. Usage of MTN Smart Survey


4.3. Upon acceptance of the agreement by MTN and once the registration process is successfully completed:

4.3.1. the User hereby grants to MTN the full right to use all Data provided on the MTN Smart Survey platform in any survey or Data collection process as required

4.3.2. The User further permits that any data so supplied can be shared with any enterprise in an anonymous form at MTN's discretion.

4.3.3. The User agrees that no claim shall be brought against MTN as a result of a misuse of any Data provided by the User or loss thereof.

4.4. The User accepts full responsibility for the form and accuracy of Data provided on the MTN Smart Survey platform and shall not submit Data that:

i. impersonates or harass any other person

ii. is or the disclosure of which would be libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that the User has no right to post or disclose);

iii. violates any person's rights of privacy or publicity or constitutes a nuisance to subscribers,

iv. contains any sexual, racist or discriminatory content constituting harassment of any individual or organization;

v. constitutes or violates any law, statute, ordinance or regulation including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws. Without limiting the foregoing, the User specifically agrees to comply

with all applicable laws regarding the transmission of the technical data exported from Nigeria or the country in which the User reside;

vi. releases, posts, distributes or executes any viruses or other harmful computer code on the MTN network; or

vii. that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party; or

viii. could lead to "spamming," transmission of "junk mail", and "chain letters", unsolicited mass distribution of e-mails or any similar conduct

5. Terms of the T and C


The User acknowledges and agrees that the form and nature of the Service which MTN provides may change from time to time without prior notice to the User

Nothing in this T and C shall create or be deemed to create a partnership between the Parties. If any of the provisions of this T and C is or becomes invalid, illegal or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired.

6. Reward for the Services


The Parties agree that the Reward made available by MTN to the User for the provision of Data in line with this T and C shall be strictly limited to free MTN airtime. Nothing in this T and C presupposes any monetary grant or relief to a User.

7. Changes to Service Offering


MTN reserves the right to modify, enhance, discontinue and further develop the Service or its service offerings and contents on the MTN website any time without prior notice to the User. The User's continued use of or non-termination of the Service shall be deemed to be acceptance of any changes in the cost for use of the Service.

8. Limitation of Liability


8.3. The User's attention is specifically drawn to the provisions of this Condition which limits the liability of MTN.

8.4. Except as expressly set out in this condition all warranties, terms and conditions, and representations, whether express or implied, and whether arising in contract or under common law or by statute are excluded to the fullest extent permissible by law.

8.5. MTN shall not be liable for any direct or indirect or consequential loss or damage caused by delay or the non availability or use of the Service and in particular (but without limiting the generality) shall not be liable for financial loss, loss of profit, loss of business or contracts, loss of opportunity or loss of operating time. The User agrees that the Reward for the

Service is uneconomical and commensurate with MTN not being liable for any results or losses or damages arising in connection with the User's use of the Service.

8.6. Due to the nature of the Service, MTN shall not be held responsible for risks incurred through the use of the Service, as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission. Thus, the User is fully and exclusively liable for any and all risk resultant from the use of the Service

9. Force Majeure


MTN shall not be liable for any delay or failure of the Service or for any loss or damage which may be incurred by the User due to any cause beyond the reasonable control of MTN including without limitation, act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightening, fire, industrial action, act of emission of Government, highway authorities, public telecommunications operators or other competent authority, war, military operations, riot, difficulty or delay in manufacture or supply of any goods or services.

10. Suspension and Termination


MTN may suspend or terminate the Service, immediately and without notice:

  • if the User commits any material or persistent breach of this T and C or fails to carry out any of its obligations under this T and Cin a fit and proper manner or if the User is guilty of any criminal offence which in MTN's opinion affect the User's obligations in terms of this T and C;
  • if the User is implicated in malicious disruptions or damages to the Service or MTN's website. The User shall be liable for all damages (whether direct or indirect) and associated costs resultant from such malicious activity

11. Indemnity


The information, media, systems, content and Services provided by MTN through the MTN website for the User's use, including all intellectual property rights therein, is the sole property of MTN, and the User shall at no stage acquire any rights therein or thereto.

12. Intellectual property rights


The information, media, systems, content and Services provided by MTN through the MTN website for the User's use, including all intellectual property rights therein, is the sole property of MTN, and the User shall at no stage acquire any rights therein or thereto.

13. Notices


13.1. The User's address for the delivery of all notices, including any legal notices, shall be the physical address provided by the User when registering for the Service. MTN's address for the delivery of all notices, including any legal notices, shall be as follows:

MTN Nigeria Communications Limited,
Golden Plaza Building,
Falomo
Ikoyi
Lagos, Nigeria.

13.2. A Party may at any time change that Party's address on ten (10) days' notice in writing to the other provided that the chosen address consists of or includes a physical address. Any notice given in connection with this agreement shall be delivered by hand or be sent by registered post.

13.3. Notice as set out above shall be deemed to have been duly given if delivered on the first business day after the date of delivery and if sent by post ten (10) days after posting.

14. No Waiver


Failure by either Party to exercise or enforce any right conferred by this T and C shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion nor shall any course of conduct between MTN and the User be deemed to modify any provision of these T and C. These T and C shall not be interpreted or construed to confer any rights or remedies on any third parties

15. Governing Law


15.1. This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigerian.

15.2. In the event of a dispute or difference between the Parties in connection with or in relation to this Agreement or its performance, construction or interpretation, the Party alleging the dispute shall provide a written notice, giving particulars of the dispute (the Notice of Dispute) to the other Party. The Parties each agree to appoint a representative at senior management level and to cause their respective representatives to meet as soon as possible, in an effort to resolve the dispute amicably, in good faith and with absolute fair play.

All such representatives of the Parties shall be referred to as ‘Settlement Nominees' and the period agreed on for such discussion shall be referred to as "Period of Discussion".

15.3. If the dispute is not resolved by formal negotiation as stated in Clause 14.2 of this section within fourteen (14) business days of the notice of dispute, the dispute shall be referred to mediation. The mediation shall be conducted by CEDR UK accredited mediators and the Lagos Multi Door Court House Model Procedure Rules 2007 shall apply.

15.4. If the dispute is still not resolved after fourteen (14) business days of its being referred to mediation as specified in Clause 3 of this section, the Parties agree to resort to arbitration.

The arbitration tribunal shall consist of one (1) arbitrator approved by both Parties, who shall preside over the arbitral proceedings.

15.5. In the event that the Parties fail or are unable to agree on an arbitrator, then either Party may request the Chairman of the Chartered Institute of Arbitrators, United Kingdom (Nigeria Branch) to appoint such an arbitrator and the said appointment shall be binding on the Parties. The proceedings shall be in accordance with the provisions of the Arbitration and Conciliation Act, CAP. A18, Laws of the Federation of Nigeria, 2004 or any amendments or re-enactments thereof.

15.6. The arbitration shall take place in Lagos. The language to be used in the arbitration proceedings shall be English. The cost of the arbitration shall be borne equally between the Parties to such proceedings, provided, however that each Party to the Arbitration proceedings shall be responsible for its own attorney's fees, as well as the cost and expenses of any witness presented by such Party, regardless of which Party prevails. The Parties undertake to keep strictly confidential the contents of the arbitral proceedings.

15.7. Parties agree that the arbitral award shall be final.

MTN reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is the User's responsibility to check these Terms of Use periodically for changes. The User's continued use of the Service following the posting of changes will mean that the User accepts and agrees to the changes.

 

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