Digicel cellmoni Terms and Conditions
Digicel cellmoni Terms and Conditions
1. These terms and conditions shall constitute this Agreement and shall govern the relationship between Digicel (PNG) Limited (hereinafter referred to as “we”, “us”, “our” and “Digicel”) and the user (hereinafter referred to as “you”, “your” “the Customer”) of Digicel’s Cellmoni Service (hereinafter referred to as “Service(s)” and shall constitute legal and binding obligations on the parties once you have validly registered for the Service and will remain in effect for so long you continue to use the Service. To the extent permitted by law, we reserve the right to amend or unilaterally change any of the Service (including the Product or Service) and or the terms and conditions of this Agreement subject to notifying you of such amendments. Such notification may be by way of advertisement in the national media and/or our website. If the Service is used after notice of amendment, then it shall be deemed accepted. This agreement is governed by the Laws of Papua New Guinea.
2. You agree that You authorise Digicel to receive and disclose any information about You to 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; authorise Digicel to receive and disclose any information about You to and from our service providers, dealers, agents, lawyers, auditor, other internal experts or any other company that may be or become our subsidiary, parent company or partner, for reasonable commercial purposes connected to Your use of Cellmoni , such as marketing and research related purposes and authorise Digicel to receive and disclose any information about You to facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement;
3. You must ensure that You provide accurate information to satisfy the Customer Identification Procedures and any of our requests either under this Agreement or implemented by the Bank of Papua New Guinea, Government of Papua New Guinea or any other body authorized to implement such Customer Identification Procedures.
4. Once You are validly registered Digicel will use its best efforts to provide Cellmoni which may include, but not limited to, the following:
a) Deposit Transaction
b) Withdrawal Transaction
c) Money Transfer
d) Payment of Utility Invoices
e) Pre-Paid Recharge and
f) Additional Services as may be added to the service from time to time.
5. Digicel does not warrant, but will use its best efforts to provide Cellmoni and enable You to access the services 24 hours each day, 7 days a week, however Digicel will not be liable to You for interruptions to the Cellmoni service.
6. You will be responsible for all applicable Fees at the applicable rates for any Transaction effected using the Cellmoni whether those Transactions were made by You or someone else with or without Your authority or knowledge and You must not use Cellmoni to commit any offence(s) against the laws applicable in the Territory.
7. You agree that Digicel may treat the records of Your Cellmoni Wallet as conclusive evidence of the amount of Cellmoni at any time standing to the credit of Your Cellmoni Wallet and Digicel is not bound to make any independent investigation of Your beneficial entitlement to the amounts in Your Cellmoni Wallet, You further acknowledge that, in relation to any payment to You in respect of your entitlement to amounts, we may act on instructions given by You using your PIN or instructions purported to be given by You using your PIN even if they are actually given by a third party
8. You agree that:
a) Digicel is under no obligation to invest any amounts it holds in Your Cellmoni Wallet
b) to the extent that any interest accrues on Your Cellmoni Wallet amount, You shall have no beneficial entitlement to such interest and Digicel shall or deal with such amounts as directed under any Bank of Papua New Guinea Approval; and
c) You will immediately report the loss of your equipment or SIM to allow your Cellmoni Wallet to be suspended as Digicel will not be liable for any transactions made on your Cellmoni Wallet by any third party.
9. You may only store up to a certain maximum amount of Cellmoni in your Cellmoni Wallet. This maximum amount of Cellmoni may be subject to regulation by the Banking Regulator of the jurisdiction or Digicel’s technical capabilities. Digicel hence reserves the right to change the maximum amount of Cellmoni which may be stored in a Cellmoni Wallet at any given time.
10. Cellmoni is provided through and using radio transmission. The quality and availability of Cellmoni and related products and services are subject to limitations including radio interference, physical obstruction, atmospheric conditions, network congestion, maintenance, outages, the configuration or limitations of your or your intended recipient’s Equipment, or other operational and technical difficulties.
11. Digicel will always do its best to provide a reasonable quality of service but Digicel does not warrant that they will be continuously available or fault free and without variance and does not represent or warrant that Cellmoni or related products and services shall be available in all parts of the Territory or in any other country nor does not represent or warrant that the operation of Cellmoni or related products and services will be uninterrupted, timely, secure or error-free or that it will meet Your or any other person’s specific requirements. In particular, Digicel does not represent or warrant that transmission of data shall occur at any particular speed or that all traffic can or shall be transmitted by the Digicel Network;
12. Does not accept responsibility for the security of any use of Cellmoni . You use the Cellmoni at Your own risk and You are solely responsible for adopting such appropriate security measures including non-disclosure of your personal PIN (Personal identification Number) against unauthorized access to and interference with the Equipment or Cellmoni (or associated software/hardware and data) as may be necessary;
13. May modify or suspend Cellmoni and our related products and services wholly or partly, with or without notice, if we, in our sole discretion, reasonably believe it to be necessary or consider that such action is necessary or desirable for the purpose of upgrading, maintaining, modifying or otherwise the Digicel Network or other systems or if such action is required or reasonably requested of us by an authorized authority. We shall attempt to minimize such Cellmoni disruptions but will not be able to guarantee any minimization in each instance.
14. Digicel may suspend Cellmoni or this Agreement without the need for prior written or verbal communication:
a) If any information You supply as part of the Customer Identification process is found to be false or misleading or breach any of the Terms and Conditions contained herein;
b) If You notify us that Your handset and or SIM are lost;
c) If Digicel has reasonable cause to believe that Cellmoni was obtained fraudulently or fraudulent or improper use of Your handset or SIM card is taking place against us, you or a third party;
d) If You commit a trespass on the Digicel Network or any Equipment owned by Digicel;
e) If You conspire to defraud Digicel or a Cellmoni Agent;
f) If, in Digicel’s sole opinion, You do, fail to do or are about to do any act which could be or is detrimental to the operation of the Digicel Network or Cellmoni; and
g) If Digicel is unable to provide Cellmoni to You for any reason beyond its reasonable control.
15. These Terms remain in effect until Your use of Cellmoni is terminated by Digicel or until you terminate this Agreement by deregistering from the Cellmoni service. For the termination or expiry of the Service the following conditions shall apply:-
a) Digicel may terminate Cellmoni or this Agreement for any reason at any time. Digicel may attempt to notify You in advance but Digicel is not obliged to do so;
b) Your Cellmoni Wallet will expire and be deregistered if you do not complete a Cellmoni Transaction within a 180 Calendar day period; and
c) After termination or earlier Expiry, You cannot make further use of Cellmoni and all monies contained in the Cellmoni Wallet at the date of expiry or Termination shall be forfeited by you.
16. Digicel reserves the right to charge the Fees for Your use of Cellmoni based on the following conditions:-
a) All Fees are inclusive of GST unless otherwise stated;
b) Fees charged for the Cellmoni service may be unilaterally amended by Digicel from time to time, after which You will be notified and such amendments via an advertisement in the national media, SMS text message or publication on Digicel’s website; and
c) Despite any termination of this Agreement, You remain liable to Digicel for any Fees, charges, other liabilities and associated costs in collecting any outstanding amounts, which Digicel deems payable by you under these Terms.
17. Digicel will only assign one PIN which will be linked to Your Cellmoni Wallet. You must use Your PIN when using Your Cellmoni Wallet to confirm each transaction for security and confidentiality purposes. You are responsible for the safekeeping and proper use of:
a) Your Equipment,
b) Your PIN.
c) Your Cellmoni Wallet.
18. You may change your PIN at any time after being prescribed a PIN by Digicel. Your PIN is confidential to you and YOU must not disclose Your PIN or any details associated with Your Cellmoni Wallet at any time, Digicel will not be liable for your PIN being misused by a Third Party to enter a transaction into the Mobile Money service.
19. Digicel and Digicel Money Agents shall:-
a) not be liable for the loss of cash or unauthorized use of the Transaction confirmation message in a mobile phone that has been lost by the User or has been accessed by an unauthorized User;
b) shall not be liable for any indirect or consequential damage suffered by the User for any defect or failure in the performance of Cellmoni by reason of any mistake, omission, interruption, or delay on the part of Digicel;
c) Insofar as it is permissible by law, not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly or indirectly (and including Consequential Loss) resulting from:
i. any failure, interruption, delay, suspension or restriction in providing Cellmoni to You which is due to a force majeure event set out in Clause 19 below;
ii. any suspension or non-availability of a part or the whole of the Cellmoni ;
iii. suspension or termination of this Agreement;
iv. any unlawful or unauthorised use of or access to the Equipment, Cellmoni and/or Digicel Network by You or third parties;
v. any claim arising out of any act or omission by You, Your servants or agents or arising out of any reliance placed by such persons on call content;
vi. any loss, theft or malfunction of the Digicel SIM Card and/or Your Handset;
vii. any claim arising in relation to the provision or non-provision, maintenance or use of telecommunications lines, channels, equipment, networks or services or arising out of calls being dropped or data connections being lost or the failure to connect any call made to or by the Equipment for whatever reason.
d) Further to above, Digicel, our associated or affiliated companies, and our and their respective officers, agents, directors, principals, employees, attorneys, underwriters, advisors, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected arising out of or in respect to the Equipment, Cellmoni , Digicel Network and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through the Digicel Network and/or Equipment.
e) If Digicel offers goods and/or services as agents of any principal provider or providers, or as contractors, Digicel will accept neither responsibility nor liability to You for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents or contractors.
f) In the event that Digicel is liable to You under any rights You may have under any legislation, for which our liability is not able to be excluded, then where our liability is able to be limited, then we choose to limit our liability by replacing the relevant goods or services where it is fair and reasonable to do so.
g) Digicel will not at any time, in any circumstances, be liable for any loss or damage whatsoever including but not limited to any loss of data, loss of savings, loss of business, loss of profit, or any other direct, indirect, special or consequential damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in any way connected with or arises out of Your use of Cellmoni.
h) Digicel and Digicel Personnel will not be liable for any failure to perform their and our obligations if such failure arises from such circumstances reasonably beyond their and our control. These circumstances include, but are not limited to, strikes, lockouts, riots, labour disputes, epidemics, earthquakes, fire, floods and other acts of nature, government action or their agencies, war, sabotage or inability to obtain sufficient labour, fuel or utilities, communication line failures, power failures, power interruptions or shortages, computer or processing systems failures.
i) Digicel will not be responsible for delays or failures in accessing Cellmoni, or processing of transactions, or transactions being declined, or by delaying or failing to implement any of Your instructions.
j) Digicel will endeavor to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond Our reasonable control, or otherwise.
k) Digicel will not at any time, in any circumstances, be liable for any loss or damage whatsoever including but not limited to any loss of data, loss of savings, loss of business, loss of profit, or any other direct, indirect, special or consequential damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in any way connected with or arises out of Your use of Cellmoni.
l) Digicel and Digicel Personnel will not be liable for any failure to perform their and our obligations if such failure arises from such circumstances reasonably beyond their and our control. These circumstances include, but are not limited to, strikes, lockouts, riots, labour disputes, epidemics, earthquakes, fire, floods and other acts of nature, government action or their agencies, war, sabotage or inability to obtain sufficient labour, fuel or utilities, communication line failures, power failures, power interruptions or shortages, computer or processing systems failures.
m) Digicel will not be responsible for delays or failures in accessing Cellmoni, or processing of transactions, or transactions being declined, or by delaying or failing to implement any of your instructions.
n) Digicel will endeavor to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond
20. Each party shall be excused from the punctual performance of any of its obligations under this Agreement and such obligations shall be extended for a period reasonable under the circumstances if the performance is prevented or delayed by any cause beyond such Party’s reasonable control which, without in any way limiting the generality of the foregoing, shall include acts of God, riots, wars, accidents, industrial disputes, embargo or requisition (acts of government), or delays in performance of its personnel, agents, or contractors caused by any such circumstances as referred to in this Clause 18.5. In case of force majeure, the affected Party shall promptly notify the other Party in writing and furnish it with all relevant information thereto.
21. You will indemnify and agree to keep Digicel indemnified against all claims, losses, expenses, damages that Digicel may sustain or incur as a result, whether directly or indirectly of:
a) any breach by You of the Terms and conditions contained herein;
b) any unauthorized use of your SIM card or Cellmoni PIN Number; or
c) any negligent act or omission or misconduct by You.
22. Clauses 6, 8, 16, 18, 20 and 22 survive the termination (for whatever reason) of this Agreement.
23. The parties also agree that Digicel may at any time assign or novate this agreement to a company related to Digicel in accordance with the definition of Related Company contained in the Companies Act 1997 of Papua New Guinea.