Emtel online payment portal
By accessing and using this Portal, you agree to be bound by the following terms and conditions including all the policies mentioned hereunder (hereinafter referred to as the “Terms & Conditions”). In case you do not accept to be bound by these Terms & Conditions, you may not use this Portal including any services provided hereunder.
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1. The Online Payment Portal
1.1. This Online Payment Portal accessible on https://www.emtel.com (hereinafter referred to as the “Portal”) is owned and operated by Emtel Limited, a company having its principal place of business at EmtelWorld, 10 Ebene Cyber City, Ebene, bearing Business Registration Number C06006174 (hereinafter referred to as “Emtel”).
1.2. You acknowledge and accept that these Terms & Conditions must be read together with the following policies which are also accessible hereunder:
1.2.1. Registration Policy
1.2.2. Security & Privacy Policy
1.2.3. Products & Services Policy
1.2.4. Delivery Policy
1.2.5. Cancellation of Order & Refund Policy
1.2.6. Returns & Refund Policy
1.2.7. Liability & Disclaimer PolicyThe above policies shall collectively be referred to as the “Policies”.
1.3. These Terms & Conditions apply to persons purchasing Products or Services from the Portal, as well as any persons visiting same.
1.4. By browsing and/or registering on this Portal, you are providing Emtel your consent for the processing of your personal information as defined in the Security & Privacy Policy.
1.5. Emtel reserves its right to amend these Terms & Conditions at any time at its sole discretion. We recommend you to read and acknowledge these Terms & Conditions each time you access the Portal. -
2. Definitions and Interpretation
2.1. Unless otherwise specified or unless the context clearly indicates otherwise, the following terms shall have the following meanings ascribed to them:
2.1.1. “Business Day” means any day of the week other than Saturday, Sunday or public holiday in the Republic of Mauritius;
2.1.2. “Calendar Day” means any day of the week, including Saturday, Sunday or public holiday in the Republic of Mauritius;
2.1.3. “Direct Marketing” means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person;
2.1.4. “Intellectual Property" means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by Emtel on or in connection with this Portal;
2.1.5. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by Emtel in connection with this Portal, as well as, all available information regarding marketing and promotion of the Products and Services described in this Portal, as well as all and any modifications or improvements to any of them;
2.1.6. “Emtel” will include the employees, officers, advisers, service providers, suppliers and content providers of Emtel;
2.1.7. “Products & Services” means postpaid, prepaid, hybrid and/or top-up price plans and products, handsets and devices, accessories, content, data packages and virtual airtime products or any other products or services which may be offered by Emtel on the Portal;
2.1.8. “Trade Marks” means those trademarks owned by companies within Emtel and any other trademarks, designs, logos, style names and slogans which Emtel either owns or has the right to use or any derivative service offerings of, and applications for, any of same;
2.1.9. “Portal Material” means the contents of this Portal, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this Portal;
2.1.10. Terms like “you”, “your”, “Customer” refers to any person accessing the Portal and/or registering on the Portal. -
3. Capacity to Contract
You hereby warrant to Emtel that you have the required legal capacity to enter into and be bound by a contract to make any online purchase on the Portal under the laws of Mauritius. You warrant that you are 18 (eighteen) years or older.
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4. Modification of these Terms & Conditions
4.1. These Terms & Conditions shall commence from the date on which they are published on the Portal and continue indefinitely. Emtel reserves the right, in its sole discretion, to amend, including without limitation, by the addition of new terms & conditions, at any time and from time to time and/or terminate these Terms & Conditions in its entirety and/or cease the operation of the Portal at any time, with no liability or recourse to you.
4.2. Any such amendments shall come into effect immediately and automatically. It is your responsibility and you undertake to read these Terms & Conditions each time before using the Portal for any such amendments.
4.3. Emtel will notify you of amendments to these Terms & Conditions as and when they arise, by publishing a notice of such amendments on the Portal, which you will be required to accept before using the Portal.
4.4. If you choose to visit the Portal, your visit and any dispute over your privacy is subject to these Terms & Conditions, including limitations on damages, resolution of disputes, and application of the law of the Republic of Mauritius. -
5. Other Terms and Conditions
Certain Products & Services offered on the Portal may be subject to specific terms and conditions as indicated on that part of the Portal (see Product & Services Policy) and your use of those Products & Services will also be subject to those specific terms and conditions governing those relevant Products & Services. To the extent that those specific terms and conditions conflict with these Terms & Conditions, then those specific terms and conditions shall take precedence.
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6. Portal Material - Scope of Permitted Use
6.1. Subject to the provisions of these Terms & Conditions, you may only download, view and print the Portal Material online restrictively for your own personal use and only for non-commercial purposes.
6.2. You may not alter, modify, decompile, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Portal. You must get Emtel’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any of the Portal Material, whether electronically or otherwise.
6.3. You may not use this Portal or its material for any illegal or unlawful purposes or as prohibited by these Terms & Conditions.
6.4. You may not link to any page on this Portal or frame same or any of the pages on this Portal in any way whatsoever without the prior written permission of Emtel. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
6.5. You may not transfer any rights or obligations in terms of these Terms & Conditions to any other person or entity.
6.6. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the Portal. -
7. Your behaviour when using the Portal
7.1. You may not use the Portal to obtain or distribute:
7.1.1. Material which is defamatory, unlawful or contains hate speech; or
7.1.2. Bulk e-mail, whether solicited or unsolicited.
7.2. You must not interfere with or jeopardise the functionality or the operation of any part of the Portal or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Portal or its material.
7.3. You are strictly prohibited from using the Portal for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.
7.4. You may not intercept any information transmitted to or from Emtel or this Portal which is not intended by Emtel to be received by you. -
8. Disclaimer and Limitation of Liability on this Portal
The use of the Portal and reliance on any Products & Services is subject to the Liability & Disclaimer Policy.
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9. Warranties and Indemnities
You hereby indemnify Emtel and its officers, directors, employees, representatives or contractors or other persons for whom in law Emtel may be liable from any loss, damages, liability, claim or demand due to or arising out of your use of the Portal or its material or your breach of these Terms & Conditions.
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10. Governing Law
This Portal is hosted, controlled and operated from the Republic of Mauritius. The parties agree that these Terms & Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of Mauritius.
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11. Whole Agreement
11.1. These Terms & Conditions, together with the Policies, constitute the whole agreement between you and Emtel relating to your access to and use of the Portal.
11.2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms & Conditions which Emtel may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms & Conditions nor shall it constitutes a waiver by Emtel of any of Emtel’s rights and Emtel shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future. -
12. Personal Information Protection / Online Privacy Policy
Please refer to the Security & Privacy Policy on the processing of personal information and personal information protection.
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13. Disputes
13.1. In the event that any claim, matter or dispute arises between you and Emtel arising out of or in connection with your use of the Portal, same must be referred to the Customer Services Department by contacting our Call Centre free of charge on 8970 or by email on emtel@emtelnet.com. Both parties shall first strive to amicably resolve all matter or disputes arising from the interpretation or performance of these Terms and Conditions, failure of which, the matter or dispute will be resolved in accordance with the Mauritian Code of Civil Procedure.
13.2. Notwithstanding the clause 14.1, Emtel reserves the right to deal with any legal claims arising from the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation or amendment of these Terms & Conditions. You agree that Emtel is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms & Conditions or your use of the Portal or its material, in any court in the Republic of Mauritius having jurisdiction over you, even though the cause of action in question may exceed the jurisdiction of that court.
13.3. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of Emtel, including but not limited to, for the collection of any outstanding debts due and payable by you to Emtel. -
14. Address for delivery of notices
Emtel chooses the below address for the delivery of notices for all purposes under these Terms & Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature:
Postal Address:Emtel Ltd
Emtelworld, 10, Ebene Cybercity,
Ebene
Attention: Chief Executive Officer.
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15. Removal of Access
Emtel may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, Products & Services or information contained on the Portal at any time. Emtel may also impose limits on certain features and services or restrict your access to any or all of Portal or Portal material without notice or liability.
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16. Intellectual Property Rights
All the content, Trade Marks and data (including copyrighted content) on the Portal, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Emtel and as such are protected from infringement by local and international legislation and treaties. Any and all copyright subsisting on the Portal, including these Terms & Conditions, vested in Emtel and all rights not expressly granted are reserved. The re-publication or distribution of any content available on the Portal including by framing or similar means is prohibited.
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17. Electronic Communications
You consent to receive communications from Emtel electronically and agree that all such agreements, notices, disclosures and other communications are deemed to be duly sent by Emtel for the purposes of these Terms and Conditions.
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18. Marketing
By registering & accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from Emtel from time to time unless you otherwise specify by ticking in the “I don’t want to receive promotional advertisement” provided hereunder.
Registration Policy
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1. Registration Policy
1.1. This Registration Policy must be read together with the Terms and Conditions for Emtel Online Payment Portal and the Policies indicated therein.
1.2. Customers are free to browse the Portal without registration, but registration is mandatory for the customer to be able to perform the following:- Receiving newsletters with exclusive online offers
- Opening an online account
1.3. Customers will need to provide the following details to process their registration:
- Name
- Surname
- Mobile Phone Number
- A valid e-mail address. (This e-mail address will be used for identification purposes and for sending notifications and electronic receipts)
1.4. Online registration is free of charge for the Customer.
1.5. Emtel shall use all reasonable endeavours to protect the Customer’s information submitted on the Portal in line with the Data Protection Act.
1.6. This registration is subject to the Security & Privacy Policy.
1.7. Customers need to enter their email (e-mail address provided under Clause 1.3 above) and password (obtained upon registration) to log-in online.
1.8. Payment can be made by any card accepted by our payment gateway provider. Such cards shall include but are not limited to American Express, China Union Pay, JCB, Diners Club, Discover, MasterCard and Visa Card
1.9. The Customer agrees that:- He will keep his username and password safe, and will not share them with anyone.
- He will not surrender his account to someone else.
- He takes full responsibility in case he allows someone else to effect a payment online using his account credential.
- He will not pass himself off as someone else or create multiple, false accounts.
- He will not use the account for any unlawful purposes.
1.10. The Customer acknowledges and accepts sole responsibility for the correctness and accuracy of all information provided during the registration process. The Customer shall keep Emtel harmless from any claims and/or losses arising from any incorrect information provided by the Customer during registration on the Portal.
1.11. The Customer is responsible for keeping his registration information confidential and for any activity on his account, notwithstanding that it may have been used by any other person with or without his knowledge or authority. If he suspects any unauthorized use of his account, he must immediately inform Emtel on 8970 or 5729 5400 or via email on emtel@emtelnet.com without any delay. Upon receiving this notification, Emtel may reject any orders not yet executed and deactivate the Customer’s password and account. Emtel will not in any case be held responsible for any losses suffered by the Customer due to the unauthorized use of his account. The Customer further agrees to hold Emtel harmless from any losses resulting from his non-compliance to the clause 1.9. -
2. Security and Privacy Policy
2.1. Security
2.1.1. The Customer is responsible for maintaining the confidentiality of his account and password obtained upon registration and for restricting access of third parties to his account. The Customer agrees to accept full responsibility for all activities that occur under his account and/or through the use of his password.
2.1.2. During registration on the Portal, the Customer will be asked to choose a login name and a password to access his account. His email address will be used as his login name. Emtel will generate a password as per the password policy enforced on the Portal.
2.1.3. The Customer shall change the generated password immediately after logging into the account. The Customer shall inform Emtel immediately, and his bank if necessary, upon suspicion of any unauthorized use of his login username and password.
2.1.4. If the Customer forgets or loses his password, the password can be reset online.
2.1.5. The Customer should change his password on a regular basis.
2.1.6. The Customer should be precautious with automatic sign in; and must refrain from checking the “remember me” option on the application form screen if he uses a shared computer.
2.1.7. The Customer should notify his Bank immediately when his bank card is lost, stolen or expired.
2.1.8. Emtel implements security measures to protect personal information of the Customers during payment transactions. All information pertaining to any transaction on the Portal is encrypted using Secure Socket Layer (SSL) protocol before transmission. This Portal secures the Customer’s private information using a SSL Certificate.
2.1.9. If the Customer updates any of his information, Emtel may keep a copy of the information that the Customer originally provided in Emtel’s archives for reasons as documented in this Policy. The Customer can view and modify his personal information by clicking on the Portal option “My Account”.
2.1.10. Emtel may also share the Customer’s data with its banks and other authorized persons for the purpose of processing the online payment transactions.2.2. Privacy
2.2.1. Emtel undertakes to protect the information provided by the Customer in compliance with the Data Protection Law of Mauritius.
2.2.2. By visiting the Portal, the Customer accepts the practices described in this Security & Privacy Policy and consents to our collection, use, disclosure and retention of his personal information as described in the Terms and Conditions.
2.2.3. Emtel will receive and store any information the Customer enters on the Portal or provides in any other way. Emtel shall use the information that the Customer provides for such purposes as responding to his requests, customizing future shopping for him, improving its stores, and communicating with him.
2.2.4. Cookies
Emtel automatically collects certain personal information when the Customer is using the Portal and mobile applications, such as the customer’s IP address, browser type, operating system, mobile carrier, ISP, URLs of sites from which the Customer arrives or leaves the Portal and/or mobile applications and sites that have embedded Emtel’s platform technology. Through cookies and other technologies Emtel is able to recognize the Customer as an existing or registered user of the Portal and/or mobile application.
A cookie is a tiny data file that resides on the Customer’s computer, mobile phone, or other device, and allows Emtel to recognize the Customer when he returns to the Portal using the same computer and web browser.
2.2.5. Emtel may use the Customer’s personal information as follows:
To better understand the Customer’s needs and to provide a better overall service by contacting the Customer in relation to the Products and Services provided by Emtel.- To inform the Customer about deals and promotions that Emtel may have, by sending promotional materials or details by e-mail or post.
- To contact the Customer regarding account status, changes to the Terms and Conditions and other matters relevant to the underlying services.
- To fulfill the Customer’s transaction requests, and to deliver the ordered products to the Customer.
- As requested by law.
2.2.6. The Customer’s personal information can only be disclosed to third parties where required or as authorized by the Law.
2.2.7. Emtel does not store any of the Customer’s Credit Card information. This information is held by The Mauritius Commercial Bank (MCB) Ltd who is the payment processor, and is PCI DSS certified by the Card Association.
2.2.8. Emtel makes no warranty that:- The Portal will meet the Customer’s requirements or will always be accessible;
- The Portal will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code;
- The results that may be obtained from the use of the Portal will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by the Customer through the Portal will meet his expectations; and
- Any errors in the Portal will be corrected.
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3. Product & Services Policy
3.1. Online purchase (for purchase of phones, tablets, connected devices and accessories)
3.1.1. The Customer must be a registered Customer (kindly refer to the Registration Policy) to be able to make online purchases and payments.
3.1.2. Payment for Products & Services shall be made in local currency (Mauritian Rupee).
3.1.3. The Customer can make an online payment using only MasterCard or VISA Card and is aware that a transaction fee may be charged by Card Associations (Visa/Master Card) for settlement purposes.
3.1.4. Value Added Tax (VAT) is included in the showcase price.3.2. Pay my bills
3.2.1. Customers who are subscribed to an Emtel postpaid service can make payment for their bills (the “Bill”) using the Portal. Such payment shall be made in local currency (Mauritian Rupee).
3.2.2. The Customer can make an online payment using his Bank Card and is aware that a transaction fee may be charged by Card Associations (Visa/Master Card) for settlement purposes.
3.2.3. The amount of Value Added Tax (VAT) is mentioned on the Bill.
3.2.4. The Customer can make a partial or full payment of the Bill. If the amount paid is greater than the related bill, the excess balance will be carried forward for the next Bill payment.
3.2.5. Payment for a Bill should be effected not later than the due date or before reaching the credit limit.
3.2.6. In case of late payment, a surcharge of 10% will be applied to the outstanding balance.
3.2.7. In case of default, Emtel Ltd reserves the right at any time to disconnect the mobile postpaid service without notice to the subscriber. A reconnection fee of Rs100 will be charged in the event of a disconnection.
3.2.8. Emtel shall not be responsible and the Customer agrees to hold Emtel harmless from any claims arising from the Customer not being able to access the Portal and/or make online payment on the due date for payment of Bill.3.3. Recharge my account
3.3.1. Any recharge made shall be irrevocable and irreversible.
3.3.2. The Customer must ensure the correctness of his mobile number and amount entered when recharging the accounts.
3.3.3. Once a recharge has been made, Emtel shall not be liable for the use of these credits.
3.3.4. Normal terms and conditions shall apply for the usage and validity of any credit recharged.
3.3.5. Value Added Tax (VAT) is applied on the recharged amount and the value of credit received by the Customer excludes the VAT amount.
3.3.6. The Customer will be able to buy data package for mobile devices provided he inputs the exact amount. For Emtel prepaid Fixed Phone & Airbox Prepaid, the Customer will have to choose the package to be purchased.
3.3.7. Postpaid and hybrid Customers will not be able to buy airtime or data package on the Portal.3.4. Notifications on successful / failed Transactions
3.4.1. A confirmation including a receipt of the transaction (the “Transaction Receipt”) will be sent to the Customer‘s e-mail account upon successful online payment for Products & Services purchased and/or postpaid bill settlement.
- The Transaction Receipt will have a unique identification number to the transaction.
- The Customer’s bank card account number will not appear on the Transaction Receipt.
- The Customer must keep the Transaction Receipt safely as it will be requested upon delivery of the ordered Products.
3.4.2. For recharge of account, the Customer will receive an email notification with a unique ID transaction number to confirm the number and the amount topped up.
3.4.3. The Customer can view payment history of his account at all times by logging into ‘My Account’ accessible on the Portal. -
4. Delivery Policy
4.1. The Customer can choose between a FREE delivery or Pick Up from any Emtel showroom.
4.2. The Customer understands that delivery of the ordered items shall occur only at locations within the Mauritian territory limits excluding Rodrigues and other Outer Islands.
4.3. To ensure safe delivery, the Customer must properly fill the delivery address, the mobile number and any specific instructions in the fields provided online.
4.4. Emtel Delivery Team will contact the Customer directly to notify him when the delivery of his order shall take place.
4.5. Emtel commits to deliver the ordered and available items within 2 Business Days (excluding weekends and public holidays). Should Emtel not be in a position to deliver the Customer’s orders within the given time-frame (for e.g in case of any force majeure), Emtel Delivery Team shall contact the Customer immediately & notify him when the delivery of his order shall take place.
4.6. In the event that the Customer notices a change in his availability with respect to receiving his ordered products, he must call Emtel on 8970 to notify the Delivery Team as soon as he reasonably can.
4.7. The Customer needs to present his Transaction Receipt and his identification document (National ID or Passport) to the Emtel Delivery Staff before accepting the delivery.
4.8. The Customer must ensure and check that the product delivered is the right one and that he receives a Warranty Certificate, where applicable. A sales invoice indicating the amount paid by the Customer will also be provided to him upon delivery.
4.9. The Customer will have to sign a Delivery Note acknowledging delivery of the products and need to check and ensure that his products are delivered sealed. For any issue regarding the delivered product, the Customer will have to inform Emtel on 8970 or to visit the nearest Emtel showroom.
4.10. Emtel shall help the Customer for configuration of the products (where applicable) upon request, but will not be held liable for any mishap that may occur during installation of equipment. -
5. Cancellation of Order & Refund Policy
5.1. Confirmed orders for purchase of airtime, payment of mobile postpaid bills and data bundles are irrevocable and will not be refunded by Emtel. The Customer is solely responsible for the correctness of the mobile number and the amount he enters both for recharge and bill payment.
5.2. For the purchase of devices and accessories, the Customer may cancel his order within 24 hours following the purchase by calling the Emtel Customer Care on 8970.
5.3. For cancelled orders as per 5.2 above, the Customer will have to give the Unique Identification Number when calling on 8970 for processing of the cancellation. Emtel shall endeavor to reverse the payment back to his bank card account. For each cancelled order, the Customer will be charged a fee of 5% on the purchase amount. -
6. Returns & Refunds Policy
6.1. Returns may be considered by Emtel under the following conditions:
- If the Customer notes that the delivery box is not sealed or is damaged at the time of delivery.
- If an out of box failure is noted for the particular product upon testing at time of delivery.
- If there is a mismatch between the product ordered and the delivered one.
- For the conditions mentioned above:
- The Customer must not accept delivery and same shall be returned to Emtel by the Delivery Staff.
- The Customer understands that the second delivery depends on stock availability, and where stock is available, the product will be delivered to the Customer within 1 Business Day.
6.2. After delivery, the Customer must notify Emtel as soon as reasonably possible once he becomes aware of any defect in the operation of product by calling on 8970. Any request for return will be considered solely based on the warranty conditions attached to the product including the following conditions:- The Customer must bring the defective product to any Emtel Showroom together with the valid Warranty Certificate.
- The Customer agrees neither to, nor allow any other party to modify or tamper the product. Any evidence of tamper will be tantamount to material breach by the Customer and Emtel shall have no obligation to accept back the product.
- The Customer must present the Sales Invoice, and/or the Transaction Receipt and identification details (National ID or Passport).
6.3. Emtel reserves the right to refund the Customer, or exchange the product for a return as per 6.2 above. -
7. Liability & Disclaimer Policy
7.1. Emtel will not be responsible nor liable for any losses suffered by the Customer resulting from the rejection of transactions, the non-processing of bank card payment, delay in delivery of products or for any other reasons beyond Emtel’s control including but not limited to insufficient funds in the Customer’s account, network downtime, expired bank card.
7.2. Emtel shall not be liable for the unavailability of the Portal in the event of a Force Majeure or for acts of omissions of persons or bodies for whom Emtel is not responsible or any other cause, whether similar or dissimilar, outside Emtel’s control.
7.3. No liability of any nature whatsoever shall be incurred by Emtel on the happening of a force majeure or any such events as aforesaid.
7.4. The use of the Portal and reliance on any products or services available online is entirely at the Customer’s own risk. The Portal, including all its functionalities, is provided “as is” and Emtel will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Portal for any reason whatsoever.
7.5. Emtel does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through the Portal. The Customer acknowledges that any reliance upon any such opinion, advice, statement or information shall be at his sole risk. Emtel reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Portal and the Products & Services listed herein.
7.6. Whilst Emtel takes reasonable precautions in its operation of the Portal, neither Emtel nor its representatives will assume any responsibility and neither Emtel nor its representatives shall be liable for any damages to or for viruses that may infect the Customer’s computer equipment or other property on account of his access to, use of or browsing of the Portal or his downloading of any materials, data, text images, video or audio from this Portal. Any material downloaded or otherwise obtained through the use of the Portal is done at the Customer’s own discretion and risk and he will be solely responsible for any damage to his computer system or loss of data that results from the download of any such material and Emtel will be held harmless from such claims at all times.
7.7. The Customer agrees that under no circumstances whatsoever, Emtel , its employees, representatives or contractors may be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Customer, his directors, employees, dealers or customers, resulting from his use of or inability to use the Portal or its material.
7.8. Emtel will at its best efforts screen or edit all the content available from the Portal to ensure that there is no illegal, defamatory or obscene content. You are encouraged to inform Emtel of any content on the Portal that may be offensive or illegal and hold Emtel harmless from any claims arising thereof.
Emtel MFS Co Ltd Terms and Conditions
Emtel MFS Co Ltd, a company registered under the laws of Mauritius, having its principal address at Emtel World, 10 Ebene Cybercity, Ebene 72201, Republic of Mauritius (hereinafter referred to as “Emtel”) bearing Business Registration Number C14126363.
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Customer
Emtel MFS Payment APP General Terms of Service (“Terms & Conditions”)
By accessing and using this APP, you agree to be bound by the following terms and conditions including all the policies mentioned hereunder (hereinafter referred to as the or “Agreement”). In case you do not accept to be bound by these Terms & Conditions, you may not use the APP including any services provided hereunder.
IF YOU DO NOT AGREE TO THE TERMS THEREOF, DO NOT INSTALL AND/OR USE THE APPLICATION.
- INTERPRETATION
The following expression used in this Agreement shall have, except where not appropriate in the context, the meanings as described hereunder:
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- Account Number: Any bank account number operated by a Commercial Bank holding a licence with the Bank of Mauritius and connected to Instant Payment System;
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- API: Means Application Programming Interface;
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- APP: Means Mobile Payment Services of Emtel MFS for iOS, Huawei and Android platforms, which can be downloaded and installed on the device;
- Bank: Means any commercial bank regulated and holding a banking licence issued by the Bank of Mauritius and having operations in Mauritius;
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- Bank Linking: Means customer will have to attach his/her bank account number to the APP to initiate payment;
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- Biller: Means an organization which issues bills for its customers and is registered on the payment platform;
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- Device: Refers to the mobile phone or mobile device which is used to download and to register to Emtel MFS Payment APP;
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- Daily Transaction Limit: Means the daily maximum amount that a customer is allowed to transact on a daily basis through the APP;
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- Digital Registration: digital onboarding and self-registration by customers on the APP as described under clause 3;
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- Emtel Limited: duly appointed to operate and manage the Emtel MFS Payment APP;
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- Emtel MFS: Means Emtel MFS Co Ltd, a private company registered under the laws of the Republic of Mauritius bearing business registration number C14126363, having its principal place of business at 10 Ebene Cybercity, Ebene and holding a licence under the National Payment SystemsAct 2018;
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- Emtel Merchant: Refers to a non-individual/ Individual Emtel Subscriber and/or non-Emtel Subscriber having successfully applied with Emtel MFS to accept Mobile Payment Transactions in exchange of goods and services;
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- Emtel Payment APP Beneficiary Registration: Means registration as beneficiary on Emtel MFS Payment APP to receive funds through a bank account number;
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- Liveness Check: System takes a selfie of customer and determine whether the person is genuine. The latter has to blink and smile for system to take the selfie;
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- MNO: Refers to any Mobile Network Operator registered with the Information and Communication Technologies Act 2001 (“ICTA”) and having operations in Mauritius;
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- mPIN: A four-digit Mobile Pin (“mPIN”) set which is paired exclusively to the Customer’s device and mobile number and used for authentication and validation purposes when using Emtel MFS Payment APP;
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- OTP: One-time password (“OTP”) is a system-generated code sent by SMS to the Customer’s mobile phone by the customer’s bank or initiated from a security Token to confirm an Emtel Payment APP transaction;
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- Push Notification: Notifications sent to a customer on his smartphone for informative or marketing purposes;
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- Quick Response code ("QR code"): A two dimensional Bar Code containing information that can be read by a QR code reader to initiate the payment of goods and services at Emtel Merchants;
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- QR Code Reader: An application used in conjunction with the device’s camera in order to interpret a QR Code;
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- Registered mobile phone number: Any Mobile Phone number registered in Emtel’s records pertaining to the Registered Emtel Payment APP User;
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- Registered Emtel MFS Payment APP user: Refers to the person who has successfully registered to APP and who has accepted the Terms & Conditions governing the APP;
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- Threshold Limit: The Threshold limit is a cumulative daily transaction limit that can be set by Emtel MFS or any regulatory authority;
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- Subscriber: refers to You and or a licensed user of the App and includes a person reasonable appearing to Emtel MFS to act with the subscriber’s authority;
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- Mobile Refill: means a mobile credit recharge on a prepaid SIM so as to allow the usage of the service offered by MNO;
- 26. PEP (Politically Exposed Person): PEPs are defined as any person (foreign or domestic) who is or has been entrusted with prominent public functions or any foreign country as well as members of such person’s family or those closely associated with him/her. These include:
- Heads of states (example: presidents, vice presidents and prime ministers), Cabinet ministers, state ministers, Members of parliament and Judges and magistrates;
- Council members, senior most officials of a state agency or institution and Senior military officials;
- Board members of state owned enterprises and Senior officials appointed as per the provisions of a specific law (example: Head of FIU); and
- Senior political appointees of a government (example: coordinators at various ministries) and Foreign and local diplomats and Senior political party members.
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- Description of Services and Transactions
The services and transactions (“Services”) offered on APP may include but are not limited to the following:
- Mobile Payment Services
- Initiate Peer to Peer (P2P) Payments ("Transfer") to a contact or payee
- Pay an Emtel Merchant in exchange of goods and services by means of a QR code ("Payment");
- Offers section;
- Bill Payment;
- Mobile Refill;
- Emtel MFS Payment APP recent transactions;
- Push Notification.
- Digital Registration
The customer will start the digital journey by self-registering on the APP and in case of rejection, the customer will have to visit a showroom. To start registration on the APP, an individual must first download the APP from Google Play Store, Huawei App Gallery or IOS platform.
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- The Customer shall perform the following for digital registration process on the APP:
- Provide the following details:
- The Customer shall perform the following for digital registration process on the APP:
- Mobile number will be automatically detected by the APP and in case of any failure, the customer will be requested to input the mobile number;
- In case of a dual sim device, the customer will be requested to choose the mobile number he/she wishes to bind with the APP;
- E-mail address;
- Citizenship (Either Mauritian or not):
-Mauritian Citizens will have to:-
- scan the front and back of the National Identity Card; and
- provide a recent proof of address (Utility Bill), which should be dated less than 3 months;
-Non Citizens will have to:
- upload a scanned copy of the passport; andt a recent proof of address (Utility Bill), which should be dated less than 3 months or any other relevant proof for address
- Take a selfie for the liveness check;
- Biometric Data (Fingerprint or Face ID)
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- Where a Customer is and/or deemed to be a PEP and/or associated with a PEP, the latter shall disclose this information to Emtel MFS. Notwithstanding clause 3.1.1, the Customer may be required to provide additional information to Emtel MFS for onboarding and monitoring purposes.
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- The Customer shallagree to the terms and conditions of the present Agreement.
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- Once the Customer has agreed to the terms and conditions of the APP, he shall:
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- The registered mobile number is applicable only for accessing the Emtel MFS Payment APP on a mobile device. Where the mobile device is changed, the user shall register with the APP again.
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- A user shall have the possibility to install the APP on several mobile devices. However, only one active session shall be run on one device at a time. In the event a device is changed, the customer will be requested to check the OTP sent on the registered email during the login process on the new device.
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- mPIN
- The mPIN shall be a four-digit personal identification number set by the APP user which can be changed by the latter through the APP.
- The mPIN is essential to log on the APP and perform transactions. The registered user shall, in all circumstances, keep his mPIN secret and not impart it to any person whatsoever.
- If the mPIN has become known to any person other than the registered user, the latter shall (i) immediately change his/her mPIN and (ii) notify the Emtel MFS Contact Centre immediately on 8971 (24hr service).
- The Subscriber shall have the possibility to change his/her mPIN on the APP.
- Emtel MFS shall never contact a registered customer to request his/her security credentials. If the Subscriber receives such a request, he/she shall not supply his/her security details in any circumstances for which he/she shall otherwise be liable for all transactions performed. The Subscriber should report any such activity to the Emtel MFS Contact Centre immediately on 8971 (24hr service).
- mPIN
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- Biometric Authentication
- Biometric authentication is a feature where the Subscriber may use the fingerprint or Face ID registered on a mobile device “in lieu” of his/her mPIN as a security measure to confirm his/her identity to access the APP.
- Bank Linking
- After the registration is completed successfully, the customer will be requested to link his/her bank account registered in the Republic of Mauritius;
- Customer will have to input the bank account number and the bank name;
- Customer will have to input the mobile number attached to the bank account, the mobile number used for registration is not necessary same as the one used to link bank.
- Transaction
- The customer will have the option to set his/her daily transaction limit;
- The customer will not be able to transact more than the threshold limit set by Emtel MFS;
- All customers will have Rs5000 as daily transaction limit once registered on the APP.
- If the customer wishes to transact more than Rs5000 at a time, he/she will be required to provide additional documents such as the proof of address to be validated by Emtel MFS. The Customer will be informed accordingly once the proof of address is validated;
- In case the proof of address is not uploaded during the registration process, the customer will have the option to upload it at a later stage.
- Customer will have to validate the transaction using his/her set mPIN on the APP
- Once a Transaction is successful, it cannot be rolled back and Emtel MFS shall not be liable and under no obligation to reverse the transaction.
- Capacity to contract
- You hereby warrant to Emtel MFS that you have the required legal capacity to enter into and be bound by a contract to transact and use the Services on the APP under the laws of the Republic of Mauritius. You warrant that you are 18 (eighteen) years or older.
- Connection to system and provision of service
- Upon acceptance of the customer’s application by Emtel MFS, such acceptance being at Emtel MFS’s absolute discretion, Emtel MFS shall connect the customer to the system as soon as reasonably practicable and/or technically possible.
- Biometric Authentication
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- The Services shall be activated for the use with the APP within a reasonable time of the receipt of the duly completed application with all required particulars, and after verification and acceptance by Emtel MFS of same.
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- Emtel MFS shall use all reasonable endeavours to maintain the Services provided the customer abides by the provisions of the Agreement.
- Terms of use
- Subject to the provisions of these Terms & Conditions, you may only download, view, transact and print the APP material online restrictively for your own personal use and only for non-commercial purposes.
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- A customer may not alter, modify, decompile, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the APP. You must get Emtel MFS’s prior written Approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any of the APP Material, whether electronically or otherwise.
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- A customer may not use this APP or its material for any illegal or unlawful purposes or as prohibited by these Terms & Conditions.
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- A customer may not link to any page on this APP or frame same or any of the pages on this APP in any way whatsoever without the prior written permission of Emtel MFS. Recognizing the global nature of the Internet, the customer also agrees to comply with all local laws, rules and regulations regarding online conduct.
- You may not transfer any rights or obligations in terms of these Terms & Conditions to any other person or entity.
- A customer may not link to any page on this APP or frame same or any of the pages on this APP in any way whatsoever without the prior written permission of Emtel MFS. Recognizing the global nature of the Internet, the customer also agrees to comply with all local laws, rules and regulations regarding online conduct.
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- You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the APP.
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- The Customer warrants and confirms that the sources of funds are derived from legitimate sources and that the Customer shall also provide the necessary evidence and/or declaration of the source of funds if and when required to do so in future.
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- The Customer may be required to provide additional information to Emtel MFS for ongoing monitoring purposes.
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- The customer shall ensure that his/her name, mobile number, proof of address and any other details provided to Emtel MFS are correct and up to date.
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- Fees
- blink is available free of charge on Emtel network. Network charges may apply for Customers using others networks or other mobile operators. Emtel may charge a fee for the use of the Services.
- Your Behaviour using the APP
- You may not use the APP to obtain or distribute:
- material which is defamatory, unlawful or contains hate speech; or
- bulk e-mail, whether solicited or unsolicited.
- You may not use the APP to obtain or distribute:
- Fees
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- You must not interfere with or jeopardise the functionality or the operation of any part of the APP or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this APP or its material.
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- You are strictly prohibited from using the APP for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behavior.
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- You may not intercept any information transmitted to or from Emtel MFS or this APP which is not intended by Emtel MFS to be received by you.
- Removal of access
- Emtel MFS may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, Products and Services or information contained on the APP at any time. Emtel MFS may also impose limits on certain features and services or restrict your access to any or all of APP or APP material without notice or liability.
- Payment through QR Code
- The QR code reader shall be available to the Subscriber through the “Scan and Pay” module and shall be used in relation to the payment of an approved Emtel Merchant in exchange of goods and services. The QR Code reader will be able to scan any MauCas QRs irrespective of the participants.
- The QR code reader is provided as part of the APP service:
- Emtel MFS in its sole discretion may stop to provide the Services at any time without prior notice.
- Emtel MFS may add and/or make amendments with regards to the QR code reader service in accordance with Terms of service governing APP service.
- The QR code reader shall work in conjunction with the device camera and other device features.
- The Subscriber shall permit the utilization of the device camera at the first launch of the QR code reader.
- The use of the QR code reader shall represent the Customer’s acceptation of the terms and conditions governing the use of the QR code reader and the use of Emtel Payment APP.
- The QR code reader shall autofill the name of the accredited Emtel MFS merchant and its Payment mobile phone number.
- Termination
- Either party shall be entitled to terminate this Agreement by giving thirty (30) days’ prior notice to the other party.
- Emtel MFS also reserves the right to cancel the service if the Customer has not logged in for a period as per Emtel MFS guidelines and policies.
- However, Emtel MFS shall be entitled to terminate this Agreement immediately upon any breach of this Agreement by the Subscriber or when the Subscriber’s accounts are not maintained in such a manner to the full and complete satisfaction of Emtel MFS or a regulatory authority.
- Termination of this Agreement, howsoever occasioned, shall not prejudice or affect any accrued rights or liabilities of either party hereunder nor shall it affect any provision which is intended to apply after such termination.
- If the customer’s mobile number is terminated and/or suspended, the APP will not be accessible to the Subscriber.
- Link to other Websites
- Our Services may contain links to third-party web sites or services that are not owned or controlled by Emtel MFS. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Emtel MFS shall, in no event, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
- Upgrade
- Emtel MFS may, in its sole discretion, make available future upgrades or updates to the APP for your compatible device. The APP upgrades and updates, if any, may not necessarily include all existing software features or new features that Emtel MFS may release in the future. The terms of the Licence will govern any software upgrades or updates provided by Emtel MFS to the original APP, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update. Emtel MFS cannot guarantee that the App/Services will be uninterrupted and/or will be continuously available. We will aim to provide you with the best service possible, but we will not be liable for any interruptions, reception, picture degradation, management of your home’s WiFi connectivity or any other problems that are beyond our control. We do not guarantee that the service will be compatible with your equipment or any software that you may use.<
- Limitation of liability
- Emtel MFS will not be responsible nor liable for any losses suffered by the Subscriber resulting from the rejection of transactions and delay in delivery of Products and Services or for any other reasons beyond Emtel MFS’s control including but not limited to insufficient funds in the Customer’s account and network downtime.
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- Emtel MFS shall not be liable for the unavailability of the APP in the event of a Force Majeure or for acts or omissions of persons or bodies for whom Emtel MFS is not responsible or any other cause, whether similar or dissimilar, outside Emtel MFS’s control.
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- The use of the APP and reliance on any products or services available on the APP are entirely at the Customer’s own risk. The APP, including all its functionalities, is provided “as is” and Emtel MFS will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the APP for any reason whatsoever.
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- Emtel MFS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through the APP. The Customer acknowledges that any reliance upon any such opinion, advice, statement or information shall be at his/her sole risk. Emtel MFS in its sole discretion, may reserve the right to correct any errors or omissions in any portion of the APP and the Services listed herein.
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- Whilst Emtel MFS takes reasonable precautions in its operation of the APP, neither Emtel MFS nor its representatives will assume any responsibility and neither Emtel MFS nor its representatives shall be liable for any damages or viruses that may infect the Customer’s mobile phone or other property on account of his/her access to the use of or browsing of the APP or his/her downloading of any materials, data, text images, video or audio from this APP. Any material downloaded or otherwise obtained through the use of the APP is done at the Customer’s own discretion and risk and he/she will be solely responsible for any damage to his computer system/mobile phone or loss of data that results from the download of any such material and Emtel MFS will be held harmless from such claims at all times.
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- The Customer agrees that under no circumstances whatsoever, Emtel MFS, its employees, representatives or contractors may be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Customer, his directors, employees, dealers or Subscribers, resulting from his/her use of or inability to use the APP or its material.
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- Emtel MFS will at its best efforts screen or edit all the content available from the APP to ensure that there is no illegal, defamatory or obscene content. You are encouraged to inform Emtel MFS of any content on the APP that may be offensive or illegal and hold Emtel MFS harmless from any claims arising thereof.
- Intellectual Property
- All the content, Trade Marks and data (including copyrighted content) on the APP, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Emtel MFS and as such are protected from infringement by local and international legislation and treaties. Any and all copyright subsisting on the APP, including these Terms and Conditions, vested in Emtel MFS and all rights not expressly granted are reserved. The re-publication or distribution of any content available on the APP including by framing or similar means is prohibited.
- Data Protection
- By having the Services installed and/or agreeing the usage terms and conditions, the Customer is giving his/her consent to the following;
- From time to time, Emtel MFS may contact the Subscriber by mail, telephone, email, SMS or other electronic messaging services with information about other Emtel MFS products and services.
- Emtel shall for the purposes of its obligations under this Agreement share details of the Subscriber with suppliers, vendors, consultants and such other professionals directly related to the provision of the Services hereunder.
- Billers and Merchants shall for the purposes of the payment processing share details, such as amount due, payment due date and bill references of the bills registered with Emtel MFS related to the provision of the Services.
- The Subscriber further agrees that he/she shall be bound by the Privacy Policy of Emtel MFS which is available on its website and which shall form an integral part of the present terms and conditions.
- By having the Services installed and/or agreeing the usage terms and conditions, the Customer is giving his/her consent to the following;
- Force Majeure
- Emtel MFS shall not be liable to provide the Services in the event of a Force Majeure or for acts or omissions of persons or bodies for whom Emtel MFS is not responsible or any other cause, whether similar or dissimilar, outside Emtel MFS’s control.
- No liability of any nature whatsoever shall be incurred by Emtel MFS on the happening of a Force Majeure or any such events as aforesaid.
- Disputes
- In the event that any claim, matter or dispute arises between you and Emtel MFS arising out of or in connection with your use of the APP, same must be referred to the Customer Services Department by contacting our Contact Centre free of charge on 8971. Both parties shall first strive to amicably resolve all matter or disputes arising from the interpretation or performance of these Terms and Conditions.
- If the issue is not resolved with Emtel MFS Customer Services Department, the customer may have access to the Ombudsman for Financial Services. The office of Ombudsperson for Financial Services provides an impartial review of a consumer’s complaint, after it has been addressed by the financial institution’s internal complaint-handling department. You may contact the Office of Ombudsperson for Financial Services for a further review of your complaint through the details below:
- Office of Ombudsperson for Financial Services
- 8th Floor, SICOM Tower
- Wall Street
- Ebene
- Telephone number: 468-6475
- Fax number : 468-6473
- Email : ombudspersonfs@myt.mu
- Complaints Form under the purview of the Office of Ombudsperson for Financial Services can be logged via link below:https://www.fscmauritius.org/en/consumer-protection/complaints-handling/complaints-form
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- Emtel MFS reserves the right to deal with any legal claims arising from the matter in a forum of its choice, which will include but will not be limited to, the Courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation or amendment of these Terms & Conditions. You agree that Emtel MFS is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms & Conditions for the misuse of the APP or its material by You, in any Court of Law in the Republic of Mauritius.
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- Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of Emtel MFS, including but not limited to, for the collection of any outstanding debts due and payable by you to EmtelMFS.
- Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of Emtel MFS, including but not limited to, for the collection of any outstanding debts due and payable by you to EmtelMFS.
- Miscellaneous
- No delay, neglect or forbearance on the part of Emtel MFS in enforcing any provision of the Agreement shall be deemed to be a waiver or create a precedent or in any way prejudice the rights of Emtel MFS under the Terms and Conditions.
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- Where there is a conflict between the Terms and Conditions and any other conditions mentioned in or printed on any correspondence exchanged between the Parties, this Terms and Conditions shall prevail.
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- In the event that any term, condition or provision of this Terms and Conditions is held to be a violation of any applicable law, statute or regulation, the same shall be deemed to be deleted from this Terms and Conditions and shall be of no force and effect and the remaining Terms and Conditions shall remain in full force and effect as if such term, condition or provision had not originally been contained in the Terms and Conditions.
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- The headings in this Terms and Conditions shall not affect its interpretation throughout the Terms and Conditions, whenever required by context, the use of the singular number shall be construed to include the plural, and the use of the plural the singular.
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- The schedules and/or Annexes to this Terms and Conditions constitute an integral part thereof.
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- These Terms & Conditions, together with the Policies, constitute the whole agreement between you and Emtel MFS relating to your access to and use of the APP.
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- No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms & Conditions which Emtel MFS may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms & Conditions nor shall it constitutes a waiver by Emtel MFS of any of Emtel MFS’s rights and Emtel MFS shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
- Notices
Emtel MFS chooses the below address for the delivery of notices for all purposes under these Terms & Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature:
Postal Address:Emtel MFS
Emtelworld, 10, Ebene Cybercity,
Ebene
Attention: Chief Executive Officer.
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Marketing
By registering & accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from Emtel MFS from time to time.
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Governing Law
The APP is hosted, controlled and operated from the Republic of Mauritius. These Terms & Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of Mauritius.
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Merchant
1. Purpose
a) Emtel and the Merchant wish to enter into the following agreement for the purpose of enabling the Merchant to accept electronic payments at their respective establishments with the use of either a QR Code or Point of Sale Device or any other recognised channels including but not limited to online payment that will be provided by Emtel;
b) This Agreement also sets out the terms and conditions which applies between the Merchant and Emtel in respect to the acquiring services and products delivered by Emtel or by the Merchant.
c) By accessing and using Emtel Mobile Payment Services, you agree to comply with all the Terms and Conditions set in this Agreement. These terms and conditions, as may be amended and supplemented from time to time.2. Interpretation
In this Agreement –
i. Agreement – this Agreement between Emtel and the Merchant for the provision of Services to the Merchant, including all Schedules set forth herewith and any other Schedules or document incorporated by reference. In the event of any inconsistency, the Schedules set forth in this Agreement shall take precedence;
ii. “App User” refers to customer having successfully registered with Emtel to initiate and receive payment through the Mobile Payment Service or online payment;
iii. Emtel means Emtel MFS Co Ltd and will be referred as We or Emtel;
iv. “Merchant” refers to an individual and/or non-individual with a valid Business Registration Card and holding a valid application with Emtel to accept Mobile Payment Transaction in exchange of goods and services;
v. “Confirmation SMS” refers to an SMS sent by Emtel to the Merchant for a transaction which includes the transaction date, transaction time, transaction amount and invoice number;
vi. “Merchant Discount Rate” refers to the commission applied on each Mobile Payment Transaction or online payment done at the Merchant outlet or on Merchant’s website;
vii. “Mobile Payment Application” refers to the Application through which the App User initiates Mobile Payment Transaction;
viii. “Mobile Payment Transaction” a transaction made for the exchange of goods, services and/or cash made by an “App User”;
ix. “Payment” refers to payments made by an App User to a Merchant through the Mobile Payment Service in exchange for goods and services;
x. “QR Code” refers to Quick Response Code, a two-dimensional barcode provided by Emtel to the Merchant which contains the Merchant’s details;
xi. “Regulators” refers to the Bank of Mauritius (BoM), Financial Services Commission (FSC) and any other applicable regulatory body;
xii. “Services” refers to Mobile Payment Services or online payment services;
xiii. online payment refers to the integration of Emtel API on the Merchant website to provide online payment3. Conditions Precedent and Warranties
3.1 Emtel’s acceptance of the Merchant for the provision of its Services is strictly personal and limited to the use by the Merchant of the Services for payment of the Merchant’s own products and services.
3.2 The Merchant undertakes to provide information about itself, and in particular about its financial status, solvency and liquidity, its activities, its payment acquiring and processing arrangements, its shareholders, its ultimate beneficial shareholders, the Merchant Products/Services, its registered office address, as well as any and all regulatory licences and registrations required to sell Merchant Products/Services.
3.3 The Merchant and its authorized representative(s) individually affirms to Emtel that its authorized representative is authorized on its behalf to provide any information required in order for Emtel to provide the Services, to bind it to this Agreement, and to make any amendments to this Agreement in accordance with its terms via any other method required by Emtel. We may require You or Your Authorized Representative to provide additional information or documentation demonstrating your Authorized Representative’s authority. Without the express written consent of Emtel, neither You nor Your Authorized Representative may register or attempt to register for an Emtel Account on behalf of a user that Emtel previously terminated from use of the Services.
3.4 The Merchant is responsible and liable for Your use of the Services and Your obligations to Buyers, including payment of any amounts owed under this Agreement.
3.5 The Merchant shall have access to Mobile Payment Transactions in accordance to this Agreement. Each transaction type is governed by different rules and the Merchant hereby undertakes to comply with these rules as and when applicable.4. Mobile Payment Acceptance/ Online Payment
4.1. A Mobile Payment Transaction shall be considered as completed by a Merchant upon receipt of confirmation notification from Emtel indicating that that the payment has been authorised.
4.2. In the event that the notification is being delayed for whatsoever reason, the Merchant shall contact Emtel on a designated line to confirm completion of the transaction.
4.3. Emtel at no time shall be responsible for any transaction completed by the Merchant outside the above mentioned parameters. The Merchant agrees not to apply any surcharge for Mobile Payment Transactions or online payment. If the Merchant experiences problems with the Services, it may contact Emtel via telephone on 8971. Emtel will investigate and notify the Merchant whether the problem is related to the Services, determine the severity of the problem and use reasonable efforts to remedy the problem, if possible. Emtel will notify the Merchant upon the resolution of any request directed to it.
4.4. Emtel at no time shall be responsible for any transaction completed by the merchant outside the above mentioned parameters. The Merchant agrees not to apply any surcharge for Mobile Payment Transactions.
4.5. If the Merchant experiences problems with the Services, it may contact Emtel via telephone on 8971. Emtel will investigate and notify the Merchant whether the problem is related to the Services, determine the severity of the problem and use reasonable efforts to remedy the problem, if possible. Emtel will notify the Merchant upon the resolution of any request directed to it.
4.6. The QR Code shall follow the rules, regulations and directives of the Bank of Mauritius and Emtel shall not be held liable where a customer is unable to scan the QR code using another service provider Mobile App5. Tariffs and payments
5.1. The Merchant shall pay a Merchant Discount Rate of 1%+VAT to Emtel. The Merchant Discount Rate is applicable on every transaction and shall be debited upon settlement of transaction by Emtel.
5.2. The Merchant Discount Rate may be amended by Emtel at its own discretion prior to a notice of thirty (30) days by any means whatsoever to the Merchant.
5.3. All amounts mentioned in the Agreement shall be exclusive of VAT.
5.4. Emtel may, at its own discretion, waive the Merchant Discount Rate for a period of two (2) months as from the official launch of the Mobile Payment Application or the agreement signed post the official launch of the Mobile Payment Application.6. Promotion and Use of Emtel Logo
6.1.The Merchant shall display all promotional materials provided by Emtel in a conspicuous place at each of its outlets. It is clearly understood that the use of Emtel’s name and logo by the Merchant as aforesaid, shall be subject to Emtel’s prior written approval and that such use shall be strictly limited to the above-mentioned purposes which shall not, in any circumstance, cause Emtel any reputational or similar harm.
6.2. Should Emtel be of the opinion that the use of its name and logo by the Merchant entail any harm, Emtel shall be entitled by written notice to that effect, to require the Merchant to immediately remove its name and logo or any reference to Emtel from the above-mentioned promotional materials and this Agreement shall ipso facto be terminated. The Merchant shall return all promotional materials/logos to Emtel accordingly.
6.3. The Merchant authorizes Emtel to use the Merchant’s name, logos, photos or any other identifying material of the latter for marketing and promotional purposes.
6.4. The Merchant shall not use Emtel’s name, logos, photos or any other identifying material without its prior written consent.7. Merchant Responsibilities
The Merchant shall advise Emtel in writing within three (3) working days of any changes in the information provided by the Merchant in this Agreement.
7.1. The Merchant shall comply with the terms of the present Agreement as regards to the limit set for Mobile Payments or online payment.
7.2. The Merchant shall ensure the completeness of a transaction upon receipt of confirmation SMS or by calling Emtel for confirmation.
7.3. The Merchant shall only accept “Payment” in relation to the business activities as described in the Merchant Agreement.
7.4. In the event the Merchant has been duly authorized by Emtel to process Mobile payment or online payment, the Merchant undertakes to provide the said services to its clients at all times.
7.5. The Merchant shall not discourage the use of Mobile Payment or online payment in any circumstance.
7.6. The Merchant shall ensure that all marketing collaterals provided shall remain clean and visible at all times.
7.7. The Merchant shall adhere to the Agreement and shall ensure good practices in alignment with such policies and procedures. Any breach of the foresaid policies and procedures may lead to immediate termination of the present Agreement.
7.8. It is understood that the Merchant will always act in a fair manner without any prejudice for the good reputation of Emtel. The Merchant shall not impose any additional fees or costs which are beyond the normal price of goods and services purchased.
7.9. Upon request from the Regulators Emtel may also from time to time request the Merchant to provide additional financial and other information such as relating to: (i) the current actual or expected delivery dates for processed Transactions; (ii) estimates for the average time between Transaction authentication and the related delivery date; (iii) Merchant’s ability to provide the Merchant Products/Services, and/or (iv) Merchant’s financial status, solvency and liquidity.
7.10. If the Merchant fails to provide the data requested under this Agreement, Emtel reserves the right to suspend the provision of its Services until such data is provided.
7.11. Merchant consents and agrees that Emtel may run further checks on Merchant’s identity, creditworthiness and background by contacting and consulting relevant registries and governmental authorities or any other relevant sources.
7.12. The Merchant hereby authorizes us to submit Merchant Underwriting Data, or any other relevant information received from the Merchant, to the relevant authorities for any permission for any ongoing monitoring related purpose.8. OBLIGATIONS AND RESTRICTIONS RELATED TO MERCHANT’s PRODUCTS/SERVICES
8.1. The Merchant agrees to the following obligations and restrictions:
8.1.1. The Merchant will only use the Services for payment of those Merchant’s Products/Services which the Merchant registered for when entering into the Agreement with us, and which are reflected in the Merchant Underwriting Data;
8.1.2. The Merchant may not use the Services to facilitate the payment for products or services sold not reflected in the Merchant Underwriting Data. It may not resell the Services to the third parties whether in its entirety or partially;
8.1.3. Prior to submitting transactions in relation to the products and services which materially differ in value and/or type from those set out in the Merchant Underwriting Data, and could as such impact either of the following: risk and fraud profile of the transaction, compliance with the relevant authorities, the Merchant must update its Merchant Underwriting Data in writing.
8.1.4. The Merchant is and remains solely responsible to ensure that the Merchant’s Products/Services sold are compliant with the applicable rules of Emtel and the Applicable Laws in the Country.
8.1.5. The Merchant shall not use the Services for the payment of the products and services which are listed in its policy as illegal or forbidden. This list may be updated, at our discretion, where needed to ensure legal compliance, compliance with the rules of the relevant authorities and reputational risks and/or to reduce our exposure to potentially fraudulent or illegal transactions. Where a published change affects a significant portion of the Merchant’s Products/Services, the Merchant may terminate the Agreement by giving a written notice to Emtel in accordance with clause 16.
8.1.6. Emtel’s acceptance of the Merchant as its customer should not be interpreted as an advice or opinion as to the legality of the Merchant Products/Services, and/or of Merchant’s intended use of the Services therefore. Our Services may not be used (and Transactions may not be submitted for processing) for prepaying the Merchant Products/Services for which the delivery date (i.e. date on which a complete Merchant Product/Service is delivered to the Buyer who paid for the Merchant’s Product/Service) is in part, or in whole, more than 6 months after the date the Transaction is submitted for processing, unless Emtel provided an explicit written consent stating otherwise.9. EMTEL Responsibilities
9.1. In additional to any responsibilities specified in this Agreement, Emtel shall:
i. Provide the Merchant with the necessary marketing and communication materials.
ii. Provide the Merchant a daily summary of the Mobile Payment Transaction or online payment done either by SMS or e-mail.
iii. Update the Merchant of any changes in the operational policies governing the acceptance of Mobile Payment Transaction or online payment.
iv. Provide the Merchant with the necessary training and training materials prior to access and use of the Mobile Payment Service or online payment.
Emtel in its best capacity will provide a complete service at all times, however shall not be liable to any individual or/and non-individual if it is unable to perform its obligations under this Agreement due to failure of any mobile phone, machine, computer, mobile network failure or software, or any industrial dispute or anything which is beyond the control of Emtel.
Under any circumstance Emtel shall interfere with or accept responsibility for any dispute occurring with regards to any goods or services acquired through the Mobile Payment.10. Software General and Equipment
10.1. Emtel shall provide a Software (and, where applicable, any other relevant software) to enable the Merchant to use the Service. Emtel reserves the right to change or amend these and the interface at any time, to provide the Merchant with a new version thereof, and/or to change the functionalities and characteristics, and to require the Merchant to install or update any and all software to continue using the Service.
10.2.The Merchant shall allow Emtel or its partner to install its payment gateway into its website to allow online payment by its customers.
10.3.The property rights in the Software is owned by Emtel and our licensors. The Agreement does not transfer any intellectual property rights with respect thereto and only provides the Merchant with a limited, non-exclusive and non-transferable license (without the right to sub-license) to use the Software and all other materials made available by us solely for the purpose of using the Services in accordance with this Agreement and the applicable usage instructions communicated to the Merchant. The Merchant shall not prepare any derivative work based on the software nor shall it translate, reverse engineer, decompile or disassemble Emtel’s intellectual property.
10.4. Changes to SoftwareNo changes will be implemented by Emtel which materially reduce the functionality of the Services which was explicitly committed to be provided under the Agreement, except where this is made necessary by: (i) the need to follow generally accepted changes in the payment industry standards, (ii) changes in the Applicable Law, mobile payment rules (iii) the need for increased security due to security risks identified by us, or (iv) other reasonable grounds which warrant the reduction of functionality. If the Merchant is significantly impacted by a reduction of functionality due to a change in our Software and, where applicable, any other relevant software, it may terminate the Agreement by giving written notice to us within 30 days after we announced the change.
10.5. The Merchant shall ensure that any equipment and/or device provided by Emtel shall not be used for any unlawful purposes, improper or damaging manner and are not tampered with.
10.6. Any equipment and/or device provided shall not be moved to another location without informing Emtel in writing
10.7. The Merchant shall be responsible for the good running of any equipment/device provided by Emtel.
10.8. The Merchant shall immediately inform Emtel of any malfunctioning, failure or any incident resulting to loss of any equipment and/or device.
10.9. Any loss or damage to any equipment and/or device which has arisen from or has been occasioned by any act, omission, negligence, and wrongful doing of the Merchant, its directors, employees, agents and/or any of its affiliate shall be made good or replaced by the Merchant at its own cost11. Authority to Emtel to Debit
11.1. The Merchant irrevocably authorizes to debit its designated account as stated in the Merchant Agreement with the following information:
i. The amount pertaining to the Merchant Discount rate.
ii. Any refund, partial refund and/or reversal due by the Merchant to the App User.
iii. Any adjustment for any transaction wrongly credited to the Merchant account whether on part of the Merchant or Emtel.
iv. Adjustments in respect to fraudulent entries
v. Any amount pertaining to, VAT, transaction fees and any other fees related to the Merchant agreement.12. Security
12.1. Where the Merchant has reasonable doubt that a transaction may be suspicious or fraudulent, the Merchant may refuse to process the transaction.
12.2. Emtel reserves the right to freeze any funds which is considered as fraudulent or any suspicious transaction.
12.3. Emtel reserves the right to perform an onsite visit on the Merchant premises to ensure compliance with this Agreement.13. Indemnity
13.1. Emtel shall not be liable for any indirect, special or consequential loss and/or damages arising under these Terms and Conditions.
13.2. Save and except gross negligence and willful misconduct by Emtel, the Merchant shall indemnify Emtel against any loss, damage or claim whatsoever the nature suffered by or made against Emtel arising out of or in connection with the Mobile Payment Service, including any act or omission or negligence of the Merchant, its employees or the users in relation to the Mobile Payment or online payment.
13.3. The sole liability of Emtel (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to these Terms and Conditions shall in no event in the aggregate exceed the value of the Mobile Payment transaction or online payment in question.
13.4. In any case where damages, costs and expenses are asserted against the Merchant by third parties who claim that they are the owner of any intellectual property (IP) rights regarding our Software and/or systems we shall indemnify the Merchant without delay for these third-party claims, including Merchant’s reasonable costs of its legal defence, and offer the Merchant the necessary assistance in its legal defence.
13.5. The Merchant shall indemnify for and hold Emtel harmless from any claim (including reasonable legal fees) brought against us by any third party (their claims for payments of Assessments and related costs) arising out of: (i) Merchant’s or its employees' or agents' breach of the terms of the Agreement, (ii) Merchant’s or its employees' or agents' breach of the Applicable Law and/or of the terms and conditions applying to the Services used by Merchant.
13.6. The Merchant shall indemnify for and hold each of us harmless from any losses related to Chargebacks, Assessments and ‘Chargeback and Assessment Costs’, third party IP right infringements, and any other losses, claims, actions, injuries, liabilities, fines, penalties or expenses (including reasonable legal costs) arising out of or in connection with this Agreement.14. Limitation of Liability
14.1. Either party’s liability for special, incidental, consequential or indirect damages or any other economic loss whatsoever, whether arising from malfunction or breach of statutory duty or otherwise howsoever, including loss of its profits or of customers, loss of revenue, loss of contract, loss of goodwill, loss of interruption of company operation, loss of use of data or for any damage to reputation, even if a party has been advised of the possibility of such damages, shall be excluded.
14.2. Subject to clause 13, and to the fullest extent permitted by the Applicable Law, the total liability of Emtel (and its respective employees, directors, agents and representatives) arising out of or in connection with this Agreement, whether in contract or in tort or other legal theory, shall not exceed the total amount of the Merchant Service Fees in connection with the Merchant’s use of the Service during the twelve (12) months period immediately preceding the event giving rise to the claim for liability.15. Confidentiality
15.1. Both Parties shall cause all of their officers, directors, employees, subsidiaries and affiliates (and in the case of the Merchant, all users):
i. to hold in confidence all Confidential Information furnished to or obtained by them pursuant to the execution of these Terms and Conditions;
ii. to use the Confidential Information solely for the purposes contemplated in these Terms and Conditions;
iii. to take all reasonable precautions to prevent disclosure of the Confidential Information to any third parties
iv. to be bound by confidentiality obligations provided herein. The Parties acknowledge that any breach of this section may result in irreparable harm to the other and the prohibition on disclosure of Confidential Information may be enforced by seeking an injunction from a court of competent jurisdiction. The duty of confidentiality imposed on both Parties shall be binding and shall survive the termination of this Agreement. Confidential Information is information that relates to the other’s past, present, and future research, development, business activities, products, services, technical knowledge and includes Subscriber information and information on Mobile Payment Service or online payment, which information is identified by the discloser as confidential or which by its nature ought to be considered as confidential.
15.2. Both Parties understand and agree that for the purposes of this Agreement, “Confidential Information” means information of whatever nature including (without limitation) all business plans, financial, technical, operational, commercial, staff management and other information, data, experience and of whatever kind whether written or in oral form which is either directly or indirectly disclosed to either Party or received by either Party and/or their respective employees, advisors or consultants.
15.3. Each Party shall use its best efforts to limit dissemination of the Confidential Information to its employees, consultants, officers, agents or sub-contractors and its holding or related companies’ employees (collectively called “Personnel”) to whom disclosure is necessary for each of them to perform his duties under this Agreement. Each Party shall impose the above obligation of confidentiality on their Personnel.
15.4. The foregoing obligations shall not apply, however, to any part of the Confidential Information which:
a. was already in the public domain or becomes so through no fault of the Party receiving the Confidential Information;
b. is independently developed by one Party;
c. is approved for release by prior written authorization by the Party disclosing the Confidential Information; or is required by law to be disclosed.16. Termination
16.1. Emtel shall have the right to terminate the present Agreement without the need to give any reason whatsoever and without the need of undergoing any judicial or extra-judicial formality, by giving to the Merchant a prior written notice of thirty (30) days.
16.2. Either Party may, upon giving thirty (30) days written notice identifying specifically the basis for such notice, terminate this Agreement for breach of a material term or condition unless the Party receiving the notice cures such breach within the thirty (30) day period.
16.3. Emtel shall be entitled to immediately terminate this Agreement, without any further judicial or extra-judicial formality:
a. in the event of material changes in the business line or practices of the Merchant;
b. if the Merchant is in any way or is found to be participating in any fraudulent activity;
c. c) if the Merchant becomes insolvent or bankrupt, or goes into, or commences proceedings for liquidation or winding up.
16.4. Emtel reserves the right to terminate the Agreement and/or to suspend the provision of any Service to the Merchant immediately upon written notice in part, or in whole, if:
i. The provision of Merchant’s Products/Services is reasonably suspected to be in breach of the Applicable Law (including but not limited to anti-money laundering and terrorist financing legislations), the mobile payment rules; or
ii. The Merchant infringes or is suspected of infringing intellectual property rights, copyrightable works, patented inventions, trademarks and trade secrets, or is suspected of selling counterfeit and/or knockoff products/items/goods; or
iii. The Merchant materially changes the type of the Merchant Products/Services without obtaining our prior written permission to use the Services for the new or changed types of Merchant Services/Products, or it is discovered by us that the Merchant provided substantially misleading and/or false information about the Merchant Products/Services; or
iv. The Merchant materially breaches any of the terms of the Agreement, the mobile payment services.
16.5. The exercise of the right to terminate afforded to either Party shall not prejudice the rights to legal recourse and remedies that either Party may have in respect of any breach of the terms of this Agreement17. Disputes and Fraud Prevention
17.1. The Merchant agrees to provide Emtel with all reasonable assistance required to detect, prevent and investigate fraud and/or to handle any claim against Emtel in relation to Mobile Payment Service.
17.2. The Merchant shall immediately inform Emtel in writing where:
a. it stops trading;
b. there is a change in the ownership of its business;
c. it changes its business name or trading name;
d. there is a change in the legal structure or operating model of the business;
e. there is change in the physical location, postal address or registered address.
17.3. The merchant shall cooperate with Emtel to handle any customer complaint in relation to Mobile Payment Services including to keep Emtel informed of all such complaints.18. Waiver of any Term or Condition
Failure, relaxation, forbearance or delay by either Party in enforcing at any time or for any one or more of the terms, conditions, provisions or stipulations of this Agreement shall not constitute waiver of such term, condition, provision or stipulation nor of the right of such Party to enforce the same subsequently.
No single or partial exercise of any right or remedy provided under this Agreement or under the Applicable Law shall prevent or restrict the further exercise of that or any other right or remedy.19. Duration
Subject to clause 16, the present agreement shall come into effect as at the date written below and shall remain in force until such time as any one of the parties gives the other party thirty (30) days written notice of its intention to terminate. Upon termination of the present Agreement for any reason whatsoever, the Merchant shall return to Emtel all promotional materials/logos supplied by Emtel. Termination of this Agreement will not affect the liability of any parties towards the other party, existing at such date of termination.
20. Assignment and Agency/sub-contracting, Partnership
20.1. Subject to the Applicable Law, Emtel shall be entitled, at any time, to assign, novate or otherwise transfer this Agreement or any of Merchant’s rights and obligations under it to another Emtel Group Company, and/or to another Mobile Payment System, without the prior consent of the Merchant by providing written notice to the Merchant of such transfer.
20.2. As the Agreement is specific to the Merchant, in relation to which the Merchant undergoes a due diligence approval process, the Merchant may not assign it, novate it, or transfer it or any of its rights under it without our consent.
20.3. We may appoint at any time, and without prior notice to the Merchant, an agent or subcontractor to perform any of our obligations under the Agreement. The Merchant may only use an agent or sub-contractor for the performance of its obligations under the Agreement with our consent, and we may reasonably withhold that consent at any time.
20.4. Nothing in this Agreement shall be construed as constitution of a partnership between the Parties, except where expressly provided, nor shall it constitute, or deem to constitute, one party as the agent of any other party for any purpose.20. Assignment and Agency/sub-contracting, Partnership
20.1. Subject to the Applicable Law, Emtel shall be entitled, at any time, to assign, novate or otherwise transfer this Agreement or any of Merchant’s rights and obligations under it to another Emtel Group Company, and/or to another Mobile Payment System, without the prior consent of the Merchant by providing written notice to the Merchant of such transfer.
20.2. As the Agreement is specific to the Merchant, in relation to which the Merchant undergoes a due diligence approval process, the Merchant may not assign it, novate it, or transfer it or any of its rights under it without our consent.
20.3. We may appoint at any time, and without prior notice to the Merchant, an agent or subcontractor to perform any of our obligations under the Agreement. The Merchant may only use an agent or sub-contractor for the performance of its obligations under the Agreement with our consent, and we may reasonably withhold that consent at any time.
20.4. Nothing in this Agreement shall be construed as constitution of a partnership between the Parties, except where expressly provided, nor shall it constitute, or deem to constitute, one party as the agent of any other party for any purpose.21. Severability
21.1. If any provision of this Agreement is found by any court or a competent public body or authority to be illegal, invalid or unenforceable:
i. such illegality, invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect; and
ii. if such provision would cease to be illegal, invalid or unenforceable if some part of the provision were modified or deleted, the provision in question shall apply with such minimum modification or deletion as may be necessary to make it legal, valid and enforceable.22. Entire Agreement
a. The parties agree that the Agreement constitutes the entire agreement between them, and supersedes all other prior agreements, arrangements, understandings or representations between them, whether oral or written, other than any securities or written pledges, undertakings or assurances which the Merchant may have previously given to us as a condition precedent or in anticipation of the Agreement.
b. Each party to this Agreement warrants that it has not relied on any representations, arrangements, understanding or agreement (whether written or oral) not expressly set out or referred to in the Agreement. The only remedy available to any party in respect of any such representations, arrangements, understanding or agreement shall be for the breach of contract in accordance with the terms of this Agreement.23. Force Majeure
Emtel shall not be liable to the Merchant for any delay or failure to perform its obligations under the Agreement as a result of a force majeure event which includes any event which is beyond its reasonable control, is unforeseen and irresistible. Such events may include without limitation: revolution or other civil disorders; belligerent aggression by an enemy; strikes; labour disputes; electrical equipment or system availability delay or failure; fires; floods; acts of God; cable cuts, government or regulatory intervention. If such delay or failure continues for at least thirty (30) days, then either party to this Agreement may terminate their engagement by serving a notice in writing to the other.
24. Governing Law
24.1. The present Agreement shall be governed by and construed in accordance with the laws of the Republic of Mauritius.
24.2. For any dispute or difference arising between the parties under the present Terms and Conditions, the parties shall first try to resolve it amicably. If such dispute or difference remains unresolved after a period of one (1) month, the parties shall be entitled to resolve it by arbitration to be done in accordance with the Mauritian Code of Civil Procedure.
25. Amendments to the Terms and Conditions
Emtel reserves the right to vary the terms of this agreement which includes this Agreement or any written instructions which have been or may be issued by Emtel from time to time and to notify the Merchant of such variation by such means as Emtel considers appropriate.26. Data Protection Clause
26.1. We hereby signify our consent to Emtel to execute the lawful processing of our data for the purpose of Mobile Payment Service. We also take note of our right to withdraw the consent expressed hereinabove for the processing of our personal data by Emtel. When we decide to avail of this right, we will notify Emtel on writing thereof. We also understand that in certain specific circumstances, Emtel may still process the personal data in view of its statutory obligations. We certify that the above information is true and accurate. We also authorize Emtel to verify the information provided and to make such enquiries as it deems necessary and update our database accordingly. We hereby undertake to promptly inform Emtel of any change in the above personal and contact details.
26.2. Data Subject Rights
Data subjects have a range of rights under the Data Protection laws. Emtel and the Merchant have agreed to allow data subjects to exercise these rights and provide the necessary assistance as may be required.
26.3. Right of Accessing Personal Data
The Merchant will provide the data subject with a copy of personal data undergoing processing as required under the Data Protections Laws.
26.4. Right of Rectification of Personal Data Provided by Data Subject. A data subject may request the rectification of any inaccurate personal data held by any of the two parties under the Data Protections Laws. Emtel MFS will correct any inaccurate data and make same available to the Merchant.
26.5. Both Parties will implement appropriate technical and organizational security measures to protect personal data in its respective possession.
26.6. Emtel and the Merchant agree to inform each other of any data breaches occurring before or at least at the same time as
Contests
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"Predict & Win" - Terms & Conditions
In order to participate in the Emtel “Predict & Win” Contests on the Emtel Facebook page, the participant will have to abide by the following terms & conditions:
i. The contest will close 30 minutes before the start of each football match;
ii. The participant will have to predict the correct final score including extra time if any;
iii. The winner will be announced based on the official final score;
iv. Only the first unedited comment of the correct score will be considered as a valid response and no draw will be undertaken;
v. Only the main comments on Emtel’s original post will be considered. Any replies or predicting on someone else’s comment will not be taken into account;
vi. Emtel staff are not eligible to participate in any of these contests;
vii. The winners will be requested to provide his/her Full name, contact number & NIC or passport or any other valid ID card;
viii. The prize will be allocated only upon satisfactory evidence provided by the winner;
ix. Emtel may at any time terminate the FB game at its own discretion;
xi. The winner further consents that Emtel can post his/her pictures and/or name on its website and social media platforms.
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"Quiz Time" - Terms & Conditions
In order to participate in “Quiz Time” on the Emtel Facebook page, participants must abide by the following terms & conditions:
i. The contest will close 48 hours after it is made live on Emtel Facebook page;
ii. Participants must include a screenshot of the post highlighting the correct answers in the designated comment section;
iii. The first participant to comment the correct answers will win Emtel goodies (e.g. Bag, Cap, Pen, Notebook amongst others);
iv. Only the unedited comment with the correct screenshot will be considered as a valid response and no draws will be undertaken;
v. Only main comments on Emtel’s original post will be considered. Any replies or commenting on someone else’s comment will not be taken into account;
vi. Emtel staffs are not eligible to participate in any of these contests;
vii. The winner will be requested to provide their Full name, contact number & NIC or passport or any other valid ID card;
viii. The prizes will be allocated only upon satisfactory evidence provided by the winner;
ix. Emtel may at any time terminate the FB game at its own discretion;
x. The winner further consent that Emtel can post his/her pictures and/or name on its website and social media platforms.
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“Spot Challenge" - Terms & Conditions
In order to participate in “Spot Challenge” on the Emtel Facebook page, participants must abide by the following terms & conditions:
i. The contest will close 48 hours after it is made live on Emtel Facebook page;
ii. Participants must comment the correct answers in the designated comment section;
iii. The first participant to comment the correct answers will win Emtel goodies (e.g. Bag, Cap, Pen, Notebook amongst others);
iv. Only the unedited comment with the correct screenshot will be considered as a valid response and no draws will be undertaken;
v. Only main comments on Emtel’s original post will be considered. Any replies or commenting on someone else’s comment will not be taken into account;
vi. Emtel staffs are not eligible to participate in any of these contests;
vii. The winner will be requested to provide their Full name, contact number & NIC or passport or any other valid ID card;
viii. The prizes will be allocated only upon satisfactory evidence provided by the winner;
ix. Emtel may at any time terminate the FB game at its own discretion;
x. The winner further consent that Emtel can post his/her pictures and/or name on its website and social media platforms. -
"Play & Win" - Terms & Conditions
In order to participate in “Play & Win” quiz on the Emtel Facebook page, participants must abide by the following terms & conditions:
i. The contest will close 48 hours after it is made live on Emtel Facebook page;
ii. Participants must comment the correct answers in the designated comment section;
iii. The first participant to comment the correct answers will win Emtel goodies (e.g. Bag, Cap, Pen, Notebook amongst others);
iv. Only the unedited comment with the correct screenshot will be considered as a valid response and no draws will be undertaken;
v. Only main comments on Emtel’s original post will be considered. Any replies or commenting on someone else’s comment will not be taken into account;
vi. Emtel staffs are not eligible to participate in any of these contests;
vii. The winner will be requested to provide their Full name, contact number & NIC or passport or any other valid ID card;
viii. The prizes will be allocated only upon satisfactory evidence provided by the winner;
ix. Emtel may at any time terminate the FB game at its own discretion;
x. The winner further consent that Emtel can post his/her pictures and/or name on its website and social media platforms.
Lucky Draws
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Terms & Conditions - “blink&Win”
Terms & Conditions:
In order to participate in the “blink & Win” Lucky Draw, the participant will have to abide by the following terms & conditions:
- The contest shall start as from 1st December 2023 to 31st December 2023.
- The participant should carry out Merchant Payments, Bill Payments, and Mobile Recharges through the app blink by Emtel only.
- All Bank transfers including Self-Transfers, Pay to Contact and Pay to Account will NOT be eligible for this draw.
- Entries are granted based on multiples of Rs. 500 spent. For example, Rs. 500.00 equals 1 entry, Rs. 1000.00 equals 2 entries, and so forth.
- For transactions where the amount is not an exact multiple but exceeds a multiple of 500 by less than Rs. 500.00 (e.g., Rs. 1499.99), the customer will receive entries equivalent to the highest multiple (in this case, 2 entries for Rs. 1499.99).
- Participant will receive SMS notifications after each transaction, informing them of the number of entries earned and total number of entries.
- Draws will start with the highest prize (1st prize: iPhone 15 256GB) and proceed downwards (2nd prize: Playstation 5 1 TB, 3rd prize: Samsung Galaxy S6 Lite, 4th prize: Samsung Galaxy A14, 5th prize: JBL Partybox Encore 100W), five draws will be conducted, each for a specific prize. Once a mobile number wins a prize in one draw, the same mobile number becomes ineligible for the remaining draws.
- The draw will take place on 11th January 2024, conducted by The Mauritius Turf Club, under the supervision of the Gambling Regulatory Authority(GRA).
- Winners will be notified through contact details provided during registration for the blink app.
- Any attempt to manipulate or tamper with the entry process will result into disqualification.
- Emtel MFS Co. Ltd. reserves the right to modify, suspend, or terminate the contest at any time without any notification.
- Participation in this contest implies acceptance of these terms and conditions.
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Terms & Conditions - End Of Year (“EOY”) Promo
How to Participate?
The campaign is a lucky draw open to customers purchasing any smartphone and/or tablet & phone accessories. Offer is valid during the Emtel End Of Year (“EOY”) Promo starting as from the 14th December 2023 up to the 14th January 2024.
- For every purchase of a smartphone and/or tablet & phone accessories of a minimum value of Rs. 2000 (VAT incl.), the customer automatically enters the lucky draw.
- The higher the value of the purchased smartphone and/or tablet & phone accessories, the more entries the customer obtains and the higher the chance to win. Eg Purchase of a device at Rs. 5000, the customer will obtain 2 entries.
Prize
- The winner will win an iPhone 15 PRO MAX 512GB.
- The draw will be held on Monday 22nd January 2024 at 10:15 am in the presence of a representative of the Gambling Regulatory Authority at the Mauritius Turf Club in Port Louis.
Condition
The lucky draw is strictly prohibited to Emtel Corporate customers & the employees of Emtel Limited and its subsidiaries .
Terms & Conditions
1. General Information
1.1. The campaign is a lucky draw that is open to customers aged 18 years and above. For the purpose of these terms and conditions, a customer means a mobile customer registered on Emtel Network and exclude the staffs of Emtel Limited (hereinafter referred to as “Emtel”) and its subsidiaries their immediate family members and Emtel Corporate customers.
1.2. You acknowledge and accept that these Terms & Conditions must be read together with the applicable terms and conditions and applicable policies which are also accessible on Emtel website at https://www.emtel.com/terms-and-conditions
2. Participation is subject to the following Liability & Disclaimer Policy
2.1. Emtel will not be responsible nor liable for any losses suffered by the Participant resulting from participating in the Lucky Draw, or for any other reasons beyond Emtel’s control.
2.2. Emtel shall not be liable for the unavailability of the Lucky Draw in the event of a Force Majeure or for acts of omissions of persons or bodies for whom Emtel is not responsible for or any other cause, whether similar or dissimilar, beyond Emtel’s control.
2.3. No liability of any nature whatsoever shall be incurred by Emtel on the happening of a force majeure or any such events as aforesaid.
3. Privacy
Emtel undertakes to protect the personal information provided by the Participant in compliance with the applicable Data Protection Law of Mauritius and Emtel Privacy Policy available on its website www.emtel.com.
4. Miscellaneous
4.1. The winner shall be contacted via a phone call on his/her contact number and they need to collect their respective prize/rewards by the date and at the place communicated by Emtel. Prize/rewards collection shall be subject to the presentation of satisfactory proof of identity of the winner.
4.2. Approval of the transfer of the prize/ reward by the relevant winner remains at the sole discretion of Emtel.
4.3. The consent of the winner will be sought prior to Emtel publishing his/her name and photo in the press, on social media platforms, on Emtel’s Website, and at our point of sales.
4.4. The prize or reward cannot be exchanged, or redeemed and should be accepted in whole.
4.5. All participants are treated fairly and equally according to the terms and conditions contained herein.
4.6. Participant agrees that he/she is solely responsible for his participation to the lucky draw and that Emtel shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by the Participant.
5. Governing Laws
The Lucky draw campaign shall be governed, interpreted and construed in accordance with the Laws of the Republic of Mauritius.