TERMS OF SERVICE

Terms of Service (hereinafter also referred to as “End User Agreement”)

1. Introduction

Welcome to the MCT Africa (hereafter referenced as MCT) website (the "Site"). Use of this site and MCT's network, equipment and associated software (the "Service") signifies your (the end user, "You" or "Your") acceptance of these Terms of Use and Your entering into the End User Agreement with MCT.

MCT agrees to provide End User its Services and to grant to You a non-transferable, non-assignable, non-exclusive license to use the appropriate network provided by MCT as part of the Services, from the time of acceptance of these Terms of Use till the expiry of the Services period agreed between You and MCT. Access to the MCT Services is provided subject to the terms and conditions set out below.

2. Privacy

MCT is committed to respecting Your privacy and the confidentiality of Your personal data. You may get access to the MCT Privacy Policy via a separate link.The MCT Privacy Policy is incorporated into these Terms of Use by reference. It applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).

3. Service and Third Parties

MCT is committed to respecting Your privacy and the confidentiality of Your personal data. You may get access to the MCT Privacy Policy via a separate link.The MCT Privacy Policy is incorporated into these Terms of Use by reference. It applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).

3. Service and Third Parties

We reserve the right to change, modify, suspend, limit or discontinue parts of our Service, including content licensed by third parties, without notice or liability.


The MCT Site may contain links to third party websites that are not owned and controlled by MCT. MCT has no control over, and assumes no responsibility for, and makes no representation of any kind whatsoever, regarding the content or appropriateness of content on such websites, privacy policies, and accuracy of the information and intellectual properties notices therein or practices of any third party website. Some of these links allow You to use services and products. We do not make any representation or warranties in connection with these services and products, nor does provision of access to those services and products create any liability for MCT. Accordingly, we encourage You to be aware when You leave the MCT Site and to read the Terms and Conditions and Privacy Policy of each other website that You visit.

4. Access to the MCT Site

You may access the Services by a user ID and password. You are responsible for (a) maintaining the confidentiality of the password; and (b) all activities that occur under Your user ID and password. You are liable for all direct losses, damage, costs and expenses suffered by MCT due to the loss, misuse and/or disclosure of Your user ID and password. You must notify MCT Customer Services (as indicated below) immediately of any breach of security or unauthorized use of or in case of a loss of your user ID and password. MCT offers the Services for activities such as the active use of e-mail, instant messaging, browsing the World Wide Web.. High volume data transfers, especially sustained high volume data transfers, are not permitted. While MCT makes every effort to provision more than enough bandwidth, it cannot guarantee a minimum speed of data transmission for its basic Services. Sharing and disclosing Your password and user ID to any third party, other individual or company is prohibited.. You may not access the Services using more than one device. Hosting a web server or any other server by the use of the Services is prohibited. You may not access someone else's account, send unsolicited bulk e-mail, collect other people's personal data without their knowledge and consent and You may not otherwise interfere with other users' use of the Services. To prevent abuse of our network by the sending of unsolicited bulk e-mail we do actively monitor and control outbound email traffic. Mails which have been recognized as unsolicited bulk e-mail will be refused. We do not apply this to mails which are sent through a VPN or a connection encrypted with the SSL protocol (SMTP over SSL). MCT may suspend or terminate the Services at any time, and for any reasonable reason, without notice. Reasons for suspension and termination may include, but are not limited to a) unreasonably excessive use of the Services (including ”spamming” i.e. distribution of unsolicited mass e-mailings which provoke complaints from the recipients, b) abusive or threatening communication or solicitation , and/or c) use of the Services for criminal and/or illegal activities (further detail are set forth in the Privacy Policy which is incorporated by reference into these Terms of Use). The Services cannot be cancelled by You after use of the Services has begun. You are not eligible for any compensation if You cannot use the Services because (a) there is a general power outage at the location You are attempting to access the Services from; (b) the location is undergoing maintenance; or (c) the Services has been suspended because of a failure outside of MCT's reasonable control. . You may not resell this Services or any information provided by third parties in connection with the Services to a third party.

5. Customer Service

MCT will use reasonable efforts to provide uninterrupted access to the Service. MCT will, if practical and possible, perform routine maintenance outside of normal business hours, and will, whenever possible, provide advance notice of maintenance or other suspension of service. However, We may modify or temporarily suspend the Service or any part of it without notice to You for emergency technical repair.

6. Intellectual Property Rights

All content and compilation of content included on MCT's Site, including without limitation, the text, logos, button icons, images, audio clips, digital downloads, software, scripts, graphics, interactive features and the link ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MCT and are protected under international copyright laws.

7. Warranty Disclaimer

You agree that Your use of the MCT Site shall be at Your sole risk. To the fullest extent permitted by law, MCT disclaims all warranties, expressed or implied, in connection with the Site and Your use thereof. MCT makes no warranties or representations about the accuracy or completeness of this Site’s content (licensed or otherwise) or the content of any sites linked to this Site and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of our Site, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our Site, (e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the MCT. MCT does not warrant, endorse, guarantee, or assume responsibility for an product or service advertised or offered by a third party through the MCT Site or any hyperlinked website, and MCT will not be a party to or in any way be responsible for monitoring and transaction between You and third party providers of products or Services.

8. Limitation of Liability

In no event shall MCT be liable to You for any economic, indirect, incidental, special, punitive, or consequential damages, consequential losses, lost profits, business interruption, information or loss of data, security breach, loss of goodwill or other pecuniary loss whatsoever. To the maximum extent permitted by applicable law, MCT shall not be liable to you for any damages resulting from any (a) errors, mistakes, inaccuracies or incompleteness of content, (b) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of our Site, (c) any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our Site, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Site by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Your use of any content posted, emailed, transmitted, or otherwise made available via the MCT Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not MCT is advised of the possibility of such damages. To the maximum extent permitted by applicable law, MCT’s total liability to You for all damages, losses, and causes of action (whether in contract, tort (including but not limited to, negligence) or claims is limited to the amount paid by You, if any, for using the MCT Services.

9. Indemnity

You agree to defend, indemnify and hold harmless MCT, and its business partners, as well as any third parties, from and against any and all claims, damages and obligations arising in connection with Your use of the Services and the use of this Services by any other person permitted by You. Specifically, this includes losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) You or a person you authorize using the Services or accessing the MCT Site in such a way to cause damage (b) Your or a person you authorize violating of any term of these Terms of Use; (c) You or a person you authorize violating any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Use and Your use of the MCT Site.

10. General Information

MCT has the right to delete all data, files or other information that is stored in MCT’s computer systems with respect to End User’s account if the Services used by End User are terminated, for any reason, by either End User of MCT. Back-up is the responsibility of End User. Notwithstanding this clause, MCT is obliged to comply with data retention legislation where applicable This Site is controlled and operated by MCT. Those who choose to access the Site and/or the Service remotely from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. By accessing this Site, You and MCT agree that all matters relating to Your access to, or use of, this Site shall be governed by and construed in accordance with the laws of Seychelles,without giving effect to any principles of conflicts of law. The original English version these Terms of Use may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of these Terms of Use, the English version shall prevail. MCT reserves the right to revise, amend or modify these Terms of Use at any time and without notice, and it is Your responsibility to review these Terms of Use for any changes. MCT uses its best efforts to deliver enough bandwidth and is committed to providing You with seamless, high-quality Internet connection. Do not hesitate to contact Us if You need assistance.

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