MYFINANCE TERMS AND CONDITIONS
These terms and conditions govern the relationship between you (“you” or “your”) and MTN Proprietary Limited and its affiliates (hereinafter “MTN” or “Us” or “We”) and Upstream Systems Limited regarding your use of MyFinance (the “Service”) (“Terms and Conditions”).
IMPORTANT PROVISION: ACCEPTANCE OF THESE TERMS AND CONDITIONS
Please read these terms and conditions carefully before using the service or submitting information through the service. By using the service or submitting information through the service, you are agreeing to these terms and conditions. If you do not agree, please do not use this service or submit any information through the service. We reserve the right, at any time, to modify and update these terms and conditions from time to time by posting such updated terms and conditions on the MTN website. Any such updates shall apply to you and your use of the service, and by continuing to use the service, you shall be deemed to have accepted such changes.
1. HOW TO SUBSCRIBE OR UNSUBSCRIBE TO THE SERVICE?
1.1 To subscribe to the Service, you must:
1.1.1 Tap the “Subscribe” button on the portal and follow the instructions.
1.1.2 Click on the MyFinance advertising banners on the internet and follow the instructions.
1.2 Upon confirming your subscription to the MyFinance Service, you will receive a confirmation/welcome SMS along with instructions to access the web portal, pricing information and indications on how to cancel the subscription.
1.3 You are entitled to unsubscribe from the Service at any time and for any reason by following the “cancel” prompts available within the Service menu, or by:
1.3.1 Dialling the *175# USSD code (at no cost).
1.3.2 Tap the “Unsubscribe” button on the portal and follow the instructions.
1.4 When cancelling/ unsubscribing from the Service, you accept that your old profile and preferences will be retained for a 6 (six) month period and for no longer than 5 (five) years (only if necessary).
2. SERVICE DESCRIPTION
2.1 MyFinance is a financial educational content platform in partnership with MTN and Just Money. The portal is developed by Melodi Media and offers MTN’s customers the ability to access news, articles, information, how-to guides, calculators, etc., via a Mobi web-based portal. The Content is provided by our third-party service providers for the purpose of using such Content for the Service. The Content is specifically compiled by our service providers for the purposes of providing financial information and related matters. Neither MTN nor its service provider(s), from whom MTN obtained the Content, has performed any independent analysis or investigation to determine the correctness or accuracy of the data.
2.2 By making the Content available on MyFinance, neither MTN nor its service provider(s) are endorsing or advocating the use of any information in the Content, nor are we responsible for misuse of information due to, or other consequence of, any typographical error or other inaccuracy in the Content.
2.3 It is strongly recommended that you independently verify any interpretation of the Content. The Content is provided on an "as is" basis. Neither MTN nor its service provider(s) make any representations, conditions, warranties or guarantees, whether express or implied, that the Content is accurate, correct, complete, up-to-date or fit for any particular purposes. Any statements made to the contrary are void.
2.4 Your reliance on the Content is solely at your own risk. Neither MTN nor its service provider(s) assume any liability or responsibility for damage or injury to you, other persons, or property arising from any use of the Content.
3. GENERAL:
3.1 As a user of the Service, you will subscribe on a once-off basis, making you a paying user and doing so accordingly binds you to these Terms and Conditions. As a subscribed user, you will be asked to submit personal information to us. We are committed to ensuring responsible practices in the collection, use and disclosure of your personal information in accordance with applicable law incorporated by reference into and form a binding part of these Terms and Conditions.
3.2 By subscribing to the Service, you agree to the following additional rules upon successful initial registration for the Service:
3.2.1 You will be eligible to access all the content on the Service at a subscription fee of GHS 1.5 per day (incl. VAT) (the “Fee”) for the relevant period that you remain subscribed for the Service.
3.3 If you are a pre-paid or top-up user:
3.3.1 The fee will be deducted from your available airtime balance depending on the subscription that you have chosen. You acknowledge that you must have enough airtime available to pay the Fee to continue to use the Service;
3.3.2 If you fail to satisfy your Fee obligation for 90 (ninety) consecutive days after the last successful Fee was collected, MTN may, at its sole discretion, suspend or terminate your subscription to the Service;
3.3.3 Only one subscription is permitted per mobile number. MTN users within the Republic of Ghana may subscribe.
4. GAME RULES OR SUBSCRIPTION RULES
4.1 MyFinance is a financial informative content platform that is available exclusively to MTN’s subscribers (the “Users”). The portal hosted on https://mfingh.upp.st offers Users the ability to access news, articles, information, how-to guides, calculators, etc., via a Mobi web-based portal. The information provided by MyFinance was specifically compiled for the purposes of providing financial information and related matters.
4.2 The Service is based on daily subscription charges, offering “calendar day access eligibility”. The Service is accessible via a mobile-friendly web portal.
4.3 The subscription process (and terms and conditions) required for the Service shall at all times be applicable and shall constitute an agreement between you and the Partner MTN shall not be liable for any unavailability, faults, glitches, bugs, or technical issues with the Partner’s application and/or URL. Furthermore, MTN shall not be held liable for any damages or loss howsoever arising that you may suffer due to the use of the Partner’s application and/or URL.
4.4 When making use of the Service, certain applications and/or URLs may contain third-party advertisements, content, materials, and/or links to third-party services and/or websites that are not owned or controlled by MTN. MTN assumes no responsibility for the content, privacy policies or practices of any third-party websites or applications. In addition, MTN does not and cannot censor or edit the content of any third-party website. When you visit third-party websites, MTN encourages you to read the terms and conditions and privacy policies of the other websites. By using the Service, you expressly release MTN from all liability arising from your use of any third-party website or because of any third-party services.
4.5 You cannot use the Services when you are roaming. Whilst roaming, the use of an application and/or URL forming part of the Service will be charged at your existing tariff plan.
4.6 If you perform a price plan migration, whilst using you have an existing active Service, such Service shall be carried over to the new price plan.
4.7 If you perform a price plan upgrade, you will be able to add the Service to your upgraded price plan.
4.8 MTN reserves the right to terminate or change the Service at any time and for whatsoever reason, provided the ongoing subscription for the Service will not be affected
5. YOUR OBLIGATIONS AND ENTITLEMENTS
5.1 MTN and/or its appointed Partner reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Service itself. We reserve the right to act as a result, which may include, if relevant, suspending the Service, terminating your registration, and prohibiting you from using the Service. Said suspension, termination and prohibition may occur with or without notice to you, and as a result may involve the loss of any benefits, privileges or earned items associated with your use of the Service, and we are under no obligation to compensate you for any such losses or results.
6. LIMITATION OF LIABILITY
6.1 You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. We make no warranties or representations about the accuracy or completeness of the Service’s content or the content of any websites or services linked to these services and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Service by any third party; or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
6.2 To the extent permitted by applicable law, in no event shall we or our subsidiaries and affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors be liable for any special, incidental, indirect, consequential, punitive or exemplary losses or damages whatsoever or for loss of profits (including, without limitation, damages for loss of revenue, loss of data, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) and whether arising from breach of contract, damages (including negligence), strict liability or otherwise, arising out of the use of or inability to use the Service or its content, or any product or service described or provided through the Service.
6.3 Save to the extent permitted by law, you agree to indemnify, defend and hold harmless MTN from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of the Service by any other person, whether or not authorized by you; (ii) your breach of these Terms and Conditions, including any breach of your representations and warranties herein; and (iii) your violation of any law or (iv) your use of or inability to use the Service, the contents, any hyperlinked website, and any of the products and services made available on the Service thereof.