×

GENERAL TERMS AND CONDITIONS

1. APPLICATION

1.1 These General Terms and Conditions (the “General Terms”) shall apply to all Services provided by Myanma Posts and Telecommunications.
1.2 If there is any conflict between Specific Terms and these General Terms, an interpretation which is most favorable to MPT will be adopted, unless the Parties have expressly agreed to an alternative interpretation. If an interpretation most favorable to MPT cannot be determined in the sole discretion of MPT, then the provisions of the Specific Terms will supersede the provisions of these General Terms only to the extent of any inconsistency.

2. DEFINITIONS

2.1 The following words and expressions shall have the following meanings for purposes of these General Terms:

“Account” refers to any account of a Customer with MPT regarding any Service provided by MPT;
“Affiliates” shall mean any Legal Entity that controls or is controlled by or under common control with MPT. For purposes of this definition, the term “control” means (i) beneficial ownership of more than fifty percent (50%) of the voting securities of a corporation or other business organization with voting securities or (ii) more than a fifty percent (50%) interest in the net assets or profits of a partnership or other business organization without voting securities;
“Bill” refers to any invoice, bill or statement of account for any charge, fee or other sum as payable to MPT regarding any Service or Account;
“Customer Agreement” refers to an agreement between MPT and a Customer regarding the Service or MPT Equipment. The Customer Agreement includes these General Terms and the Specific Terms, if any;
“Customer Affiliates” shall mean any Legal Entity that controls or is controlled by or under common control of the Customer.  For purposes of this definition, the term “control” means (i) beneficial ownership of more than fifty percent (50%) of the voting securities of a corporation or other business organization with voting securities or (ii) more than a fifty percent (50%) interest in the net assets or profits of a partnership or other business organization without voting securities;
“Customer Data” refers to any and all information provided to or obtained by MPT as a result of a Customer’s use of a Service or in connection with any application, registration, disclosure, consent, agreement or other transaction between the Customer and MPT. This term includes any information which relates to the Customer, including any opinions that may have been collected from the Customer;
“Customer Request” refers to any Customer-initiated request, instruction or order sent to MPT;
“Customer” refers to any person who applies for, subscribes to, or makes use of  MPT’s Services;
“Due Date” has the meaning given to it in Clause 4.5;
“Fees” refers to the fees or charges imposed in connection with the provision of any Service;
“Intellectual Property” means any copyrighted work, patent, industrial design, trademark, or any other intellectual or proprietary property, registered or otherwise, the ownership of which belongs to MPT or where the use, administration and enjoyment of the rights to such property are duly licensed to MPT, including MPT-operated telecommunications system, MPT Equipment or MPT Software;
“Law” means the laws of the Republic of the Union of Myanmar and any other applicable law;
“Legal Entity” refers to a body of persons, a corporation, a partnership, or other legal entity that is recognized by Law which grants a juridical personality separate and distinct from that of a shareholder, partner or member;
“MPT” refers to Myanma Posts and Telecommunications and its successors in interest;
“MPT Equipment” refers to any equipment, device or thing owned, operated, installed and/or leased out by MPT, including equipment located at the Customer’s premises;
“MPT Software” refers to any computer program, application or software installed or provisioned by or on behalf of MPT for the purpose of using any MPT Equipment, MPT-maintained or -operated telecommunication system or any Service;
“Myanmar” refers to the Republic of the Union of Myanmar;
Parties refers to MPT and the Customer, and a “Party” means any one of them.
“Payment Terms” refer to the terms and conditions upon which the Fees become due and payable or governing matters related to Bills, as may be determined by MPT from time to time, and as may be stipulated in the Specific Terms;
“Pre-Paid Fees” refers to money paid into an Account and credited to a Customer from which the Fees are deducted at the time of accrual without the issuance of any Bill;
“Prescribed Rate” refers to the Central Bank of Myanmar’s official rate of interest which can be viewed at http://www.cbm.gov.mm;
“Service” refers to any telecommunications or other service (including the supply, rental or installation of any equipment) offered or provided by MPT;
“Service Number” refers to any combination of letters and/or numbers assigned by MPT to identify the Customer, and that allows the use of MPT Services and/or Equipment;
“Specific Terms” refers to the terms and conditions stipulated by MPT regarding a particular Service. This term includes the terms and conditions governing the agreement between the Customer and MPT in relation to that respective Service;
“Taxes” refers to all applicable taxes, duties, levies and other similar charges however designated, imposed under and by virtue of any Law or the law of any jurisdiction outside Myanmar with respect to, or in connection with the provision of any Service, or on any Fees or payment due and payable to MPT from the Customer;
“Telecommunications Equipment” means any equipment used for the purpose of providing telecommunications services or which facilitates telecommunications; and
“Third Party Providers” has the meaning given to it in Clause 9.1.

3. TERMS OF SERVICE

3.1 By using any Service, Customer is deemed to have read, understood, and accepted these General Terms.
3.2
  • In order to use any Service, Customer must: (i) be at least eighteen (18) years of age or have obtained the consent of a parent or legally recognized guardian; and (ii) have the power and capacity to enter into be bound by these General Terms.
3.3 The Customer shall, at its own expense, be responsible for obtaining and maintaining all necessary licenses, consents, authorizations and other rights required for the use of any Service or the use of any equipment (including MPT Equipment), if so required under Law.
3.4 It is the Customer’s responsibility to:

a. comply with MPT’s instructions on the manner of installation, use or operation of the Service and MPT Equipment, without delay;

b. ensure that any and all equipment used in relation to a Service is used in accordance with the Law;

c. follow all MPT, manufacturer and/or distributor instructions, guidelines or specifications in the installation, updates and use of MPT Equipment, and keep all such MPT Equipment in good working condition in accordance therewith;

d. ensure the Service, equipment and system compatibility of all equipment and software (other than MPT Equipment and MPT Software) which is used or installed by or for the Customer which may, in any manner, be connected to, interact or operate in conjunction with, any Service provided by MPT, or any MPT Equipment and/or MPT software;

e. keep all MPT Equipment at the premises specified by the Customer and as approved in writing by MPT; and

f. if required by MPT, provide all ancillary facilities required in relation to the Service, at the Customer’s own expense, including connection facilities, regulatory permits, and other similar authorizations required for the construction, installation, operation and maintenance of the MPT Equipment required for the Service.

3.5 The Customer agrees not to:

a. use or permit the use of any Service or MPT Equipment in contravention of any Law or any Customer Agreement, or any purpose other than as notified to the Customer and with the consent of MPT;

b. alter or replace any MPT Equipment or MPT Software, or permit the alteration or replacement thereof, without the prior written consent of MPT;

c. use or allow the use of any Service, to carry or transmit, directly or indirectly, any data or information in relation to the marketing, sale or provision of any telecommunication service or facility or the resale of any Service without the prior written consent of MPT;

d. allow the use, other than as intended or authorized, of any Service, MPT Equipment or MPT Software without the prior written consent of MPT; or

e. use or permit the use of telecommunications equipment for any activity which generates or is likely to generate telecommunications traffic or usage which causes or is likely to cause congestion in or disruption to the provision or operation of any telecommunications service by MPT, without the prior written consent of MPT.

3.6 In the event that the Service or MPT Equipment is used for a different purpose than intended or authorized, MPT may impose different Fees for such other use or purpose. MPT shall likewise be entitled to retroactively impose the appropriate Fees in the event that the Customer fails to previously notify and obtain MPT’s consent to the change in the purpose for which the Service or MPT Equipment is used.
3.7 MPT reserves the right, at any time, to change, replace or upgrade any of its software, equipment, or network.  In the event of such change, the Customer, at its own expense, shall likewise make the necessary changes, and/or use updated equipment or software that may be necessary in order to continue to use any Service.  In doing so, and upon MPT’s request, the Customer agrees to promptly return MPT Equipment or MPT Software in exchange for any replacement or upgrade.  Notwithstanding any provision in these General Terms to the contrary, MPT shall upgrade or replace any MPT Equipment or MPT Software to ensure the continuity of any Service, only at its option.
3.8 MPT shall exert best efforts to ensure the quality of any Service or of the signals or data transmitted as part of any Service. However, MPT cannot guarantee completely fault-free Services and shall not be liable for any loss or damage which may be caused by the loss, disruption or corruption of any signals or data transmitted through or as part of any Service.
3.9 Upon the purchase of any equipment from MPT, the equipment manufacturer’s warranties that are capable of transfer or assignment shall be so transferred or assigned by MPT to the purchasing Customer, without including any implied warranties particularly as to the merchantability, quality or fitness of the equipment for a particular purpose. Customer likewise hereby acknowledges and agrees that MPT’s sole and exclusive liability is limited to such a warranty, and which constitutes the Customer’s sole and exclusive remedy against MPT.
3.10 MPT shall endeavor to carry out or implement Customer Requests within reason, provided that, unless expressly agreed or confirmed by MPT, MPT is not obliged to provide, carry out or implement any Customer Request. In any case, in the event that MPT grants a Customer Request, MPT may, at its discretion, impose and charge Fees at such rate or in such amount as MPT may determine for any cancellation, amendment or deferment of any Customer Request.
3.11 Whenever required and at such time as may be specified by MPT, the Customer agrees and consents to the entry of MPT’s authorized representatives into any premises occupied or controlled by the Customer or any Customer Affiliates, and to remain on such premises for such period as may be required to install, collect, remove, maintain, replace, inspect, repair, and/or test any MPT Equipment and other equipment relevant to the provision of any Service, or to check the compliance by the Customer with the General Terms, Specific Terms and the Law in the use of any Service or any MPT Equipment. If MPT’s authorized personnel is required to visit any premises in accordance with this Clause, MPT may charge the Customer for each visit and for the work carried out at the Customer’s premises, at such rate or in such amount calculated in such manner as MPT may determine, except where the visit is made to repair or replace any MPT Equipment under any warranty given by MPT to the Customer.
3.12 The Customer shall not acquire, and hereby waives any right or interest in any Service Number provided by MPT, notwithstanding the length of time which such Service Number may have been used by the Customer and any payment which the Customer may have made for the use of such. MPT may, without need of prior notice or consent, at any time terminate the availability of any Service Number or change, re-assign or replace any Service Number.

4. FEES AND PAYMENT

4.1 The Customer shall only be charged for Services which the Customer has actually applied for and/or used, subject to the payment of all applicable Taxes thereto. For the avoidance of doubt, Customer acknowledges and agrees that due to the nature of certain Services, including with respect to the charging of Fees for the use of pre-paid data Services, there may be cases where Customer’s Account balance may go below zero, in which case Customer shall be liable for the deficit in accordance with the terms herein.
4.2 All Fees and sums accruing which are due and payable to MPT shall be paid by the Customer without any set off, counterclaim, deduction or withholding whatsoever except to the extent required by Law.
4.3 MPT may issue a Bill in respect of the Services on a monthly basis or at such other intervals as MPT may consider appropriate or convenient and subject to any directions issued by the Myanmar government and as notified to the Customer. These Bills may be issued by MPT to the Customer by any of the following methods:

a. delivery by hand, courier or post to the last recorded address of the Customer appearing in MPT-maintained records or from the last received communication by the Customer to MPT; or

b. instantaneous electronic communications, including but not limited to electronic mail, facsimile transmission or Short Message Service (SMS), to such email addresses or telephone/mobile number appearing in any record maintained by MPT or from any communication by the Customer to MPT.

4.4 Any such Bill issued and forwarded in accordance with these General Terms shall be deemed to have been received by the Customer:

a. on the date and at the time it was so delivered or left at that address;

b. on the seventh (7th) day after it was posted by MPT to any address in Myanmar;

c. on the fourteenth (14th) day after it was posted by MPT to any address outside Myanmar; or

d. within twenty four (24) hours from transmission by MPT by e-mail or facsimile transmission or other instantaneous electronic communications.

4.5 The Customer is obliged to pay MPT the total amount shown or stated as due or payable to MPT in a Bill within the period prescribed therein, or in the absence of said period, the Customer shall pay MPT the total amount shown or stated as due or payable to MPT in a Bill on or before the twentieth (20th) day of the succeeding month, or the next business day, or such other later date as determined by MPT and notified in writing to the Customer after the date that such Bill is deemed to have been received pursuant to Clause 4.4, by the Customer (such relevant period hereinafter referred to as the “Due Date”).
4.6 The Customer shall pay the Fees and any other sums due or payable to MPT in accordance with the Specific Terms. In such cases where the Service is terminated (whether by MPT or the Customer), MPT determines that the Customer has abandoned the Service, the Customer’s use of the Service has been significantly greater than the Customer’s average use thereof, or any other instance where MPT deems it necessary, the Customer shall pay to MPT the Fees and any other sums due or payable, including Taxes, immediately upon demand.
4.7 Subject to compliance with relevant Laws, regulations and policies, MPT reserves the right to vary or revise the Fees, Payment Terms and the Prescribed Rate, either individually or concurrently, from time to time and such variation or revision shall take effect as from the date determined by MPT.
4.8 Where amounts payable by the Customer are delinquent or in delay, MPT may, at its sole discretion,

a. charge the Customer interest at the Prescribed Rate on any outstanding delinquent amount; and/or

b. without need of prior notice or consent from the Customer, debit any Account with respect to such interest.

4.9 Under certain circumstances, MPT may request the Customer and the Customer shall be obliged to:

a. provide a bank guaranty in the amount and from a bank as may be required by MPT from time to time in relation to any Service or MPT Equipment; and/or

b. deposit with MPT such sums or such further or additional sums as may be required by MPT from time to time in relation to any Service or MPT Equipment.

4.10 In relation to the deposits provided in the preceding Clause, MPT:

a. may retain all sums deposited by the Customer with MPT as long as any Service (including any Service that has been suspended) or any MPT Equipment continues to be provided to, made available or retained by the Customer; and

b. may, at its sole discretion and without need for authorization from the Customer, deduct from said deposits any or all such sums due and payable from Customer to MPT.

4.11 For the avoidance of doubt, the Customer shall not require MPT to apply any sum deposited with MPT in payment of any Fees. A deposit does not relieve the Customer from its obligations to pay amounts to MPT as they become due and payable, nor does it constitute a waiver of MPT’s right to suspend, disconnect, or terminate the Service due to non-payment of any sums due or payable.
4.12 The Customer agrees to bear and pay all Taxes in relation to the Service. For the avoidance of doubt, in the event that the Customer is required under the Law to deduct any sum as Taxes in respect of any amount payable to MPT, the Customer shall make such deduction as required, and the amount payable to MPT shall be increased by any such amount necessary to ensure that MPT receives a net amount equal to the amount which MPT would have received in the absence of any such deduction.

5. DISPUTES

5.1 Any Customer who pays a Bill but disputes any amount or matter stated therein, or disputes an amount deducted from Pre-Paid Fees, must within ninety (90) days of the date of such Bill, or deduction of Pre-Paid Fees, give MPT written notice providing the reasons for the dispute and supporting documentary evidence. MPT will conduct a thorough and impartial review of such dispute and will provide the Customer with a response within a reasonable period from receipt of such written notice.
5.2 Where the Customer chooses to withhold any amount payable to MPT by reason of a dispute, the Customer must give written notice of the dispute to MPT prior to the Due Date and must state in such notice the grounds and reasons for such dispute. MPT will then conduct a thorough and impartial review of such dispute, providing a response to the Customer within a reasonable period from receipt of such written notice.
5.3 The Customer shall pay the interest at the Prescribed Rate in the event that the amount is determined to be due and payable to MPT, calculated and compounded in such manner determined by MPT from time to time, as from the date when the amount should have become payable but for such dispute. Provided that, in all cases, MPT’s liability to the Customer for a disputed deduction from Pre-Paid Fees shall not in the aggregate exceed the amount of the Pre-Paid Fees.
5.4 In all cases, any dispute between MPT and the Customer arising out of the provision of Services shall be subject applicable rules and regulations in relation to the settlement of disputes as provided in Chapter XIV of the Telecommunications Law.

6. SERVICE SUSPENSION OR TERMINATION

6.1 To the extent permitted by Law, MPT may suspend or terminate any Service at any time by giving written notice thereof to the Customer and stating its reason(s) for the suspension or termination of the Services provided that nothing herein shall prejudice or affect any right of MPT to suspend or terminate any Service conferred by the Specific Terms.
6.2 MPT shall endeavor to provide quality service to Customers at all times, provided that, it may suspend or terminate any or all Services at any time after the occurrence of any of the following events, without giving any prior written notice to the Customer:

a. any failure, interruption, disruption or congestion of or in any telecommunications network, system or services, whether caused by MPT or occurring in MPT’s networks or caused by any other person or occurring in any other network;

b. if, in MPT’s opinion, the Customer or Customer Affiliates:

  1. has attempted (whether successfully or otherwise) or is likely to attempt in the foreseeable future, the use of any Service or MPT Equipment in contravention of any Law or any Customer Agreement;
  2. has attempted (whether successfully or otherwise) or is likely to attempt in the foreseeable future, the use of any Service or MPT Equipment in any manner which would cause any disturbance or otherwise be prejudicial to the interests of MPT;
  3. has attempted (whether successfully or otherwise) or is likely to attempt in the foreseeable future, the use of any Service or MPT Equipment to disrupt the provision or operation of any telecommunications service provided by MPT; or
  4. has breached an obligation in any agreement with MPT including these General Terms;

c. upon the request/order of the Ministry of Transportation and Communications or any other government authority;

d. the Customer has attempted (whether successfully or otherwise) to cause, or is likely to attempt to cause any failure, disruption or congestion of or in any telecommunications network, system or services (whether of MPT or any other person);

e. the Customer has repeatedly failed to comply with its payment obligations as due; or

f. the death or mental incapacity of the Customer.

6.3 MPT can, at its sole discretion, decide whether the Customer’s credit or solvency status is acceptable and reserves the right to refuse to supply and/or limit the supply of a particular Service and/or MPT Equipment, or to impose a credit limit on the Customer’s Account in the event the Customer’s credit or solvency status changes.
6.4 The Customer may also terminate the Service by giving MPT written notice thereof Forty Five (45) days before such termination occurs, unless otherwise agreed in the Specific Terms.
6.5 Upon the termination of the Service:

a. all sums accruing to MPT with respect to that Service and/or the use of any MPT Equipment shall become immediately due and payable upon termination; and

b. all MPT Equipment shall be promptly returned by the Customer in good working condition; provided that the Customer shall be liable to MPT for any costs incurred by MPT (whether for repossession or replacement) in the event of the Customer’s failure to return to MPT any MPT Equipment in good working condition.

6.6 The Customer shall continue to pay Fees in respect of a suspended Service for the period during which the Service has been suspended and, in the event the Service is reconnected or reinstated, in respect of all reconnection or reinstatement charges as may be charged by MPT.
6.7 Where any Service agreed to be provided to the Customer for any stipulated or minimum period is terminated whether by MPT or the Customer, before the expiry of such agreed minimum period, the Customer shall:

a. pay any termination or cancellation fees before the end of that period; and

b. in the absence of any such fees and in the absence of any Specific Terms to the contrary, the Customer shall pay the proportionate equivalent of all applicable Fees for the remainder of the agreed stipulated or minimum period, in addition to all other Fees accruing, and the aggregate of all such Fees shall become immediately due and payable on termination.

7. INDEMNIFICATION

7.1 The Customer shall assume full responsibility for, and hereby holds MPT, its directors, officers, employees, contractors, representatives or agents, its Affiliates, joint operation partner, or subsidiaries, free and harmless from any and all amounts, claims, losses, liabilities, damages, or sums arising from:

a. the utilisation of any Service, MPT Equipment or MPT Software, by the Customer or any person, in any manner, whether or not authorized or permitted by the Customer;

b. any damage or loss to property, including MPT Equipment;

c. any disturbance in the operation of any telecommunications service provided by MPT resulting in loss or limited service;

d. installation and/or use of any MPT Equipment by the Customer or any other person, whether or not authorized or permitted by the Customer;

e. any material circulated by the Customer or any person, in any manner, in the course of the use of any Service provided to the Customer, the use of MPT Equipment or MPT Software in relation to such Service, whether or not authorized or permitted by the Customer;

f. any loss of or damage to or any modification or alteration of any MPT Equipment or MPT Software, regardless of the cause therefor provided that the event occurred after the delivery of the equipment or software to the Customer or any person designated by the Customer, and before the same is returned to MPT; and/or

g. the enforcement of any rights by MPT against the Customer under any Customer Agreement.

7.2 Where any Service is used in relation to the marketing, sale or provision of any telecommunication service or facility or the resale of any Service in breach of any of the provisions of any Customer Agreement or the Law:

a. MPT shall be consequently deemed to have suffered a loss equivalent to all the business and revenue generated from the sale, re-sale or provision of any such telecommunications service by the Customer or Customer Affiliates; and

b. MPT shall, without prejudice to any and all rights and remedies arising from all relevant contracts and applicable law, be entitled to recover from the Customer an amount representing the total amount of all such business and revenue.

8. LIMITATION OF LIABILITY

8.1 Notwithstanding any provision in any Customer Agreement to the contrary:

a. MPT shall not be liable to the Customer whether in contract, tort or otherwise for any special, indirect or consequential losses or damages, such as economic or financial loss or damage (including loss of revenue or profits), including but not limited to any such loss arising from any delay, breach or failure by MPT to perform any of its obligations under any Customer Agreement;

b. MPT shall not be liable to the Customer whether in contract or otherwise, including negligence or breach of statutory duties for any loss, damage or liability incurred or sustained by the Customer caused, directly or indirectly, by:

  1. any failure, malfunction, delay, interruption to or disruption of any Service in the transmission or reception of any data through any Service, howsoever caused;
  2. any defect, incompatibility, malfunction or failure of any MPT Software;
  3. any defect or the breakdown or failure of any equipment or system used directly or indirectly to avail of any Service;
  4. any defect, deficiency, distortion, corruption or deterioration in the quality of any signal or data transmitted through or as part of any Service;
  5. any loss, corruption, truncation or deletion of any data or information transmitted through or as part of any Service and/or stored in any system or equipment;
  6. any event due to causes which were unforeseeable or even if foreseeable, were unavoidable and beyond its control, including but not limited to, the failure, shortage or interruption of electrical power or supply, riots or civil commotion, sabotage, strikes, lock outs or trade or labour disputes or disturbances, plague, epidemic or quarantine, fire, explosion, accident, flood, default of common carrier, drought or acts of any government or sovereign, change in any Law, acts of war or terrorism (whether real or perceived), or acts of God; or
  7. the use in any manner and/or for any purpose by any person at any time of any information relating to the Customer transmitted through the use of any Service by the Customer; and

c. MPT’s liability to the Customer whether in contract, tort or otherwise for any and all losses, damages or liabilities caused or arising from any breach, failure or default of MPT to perform any of its obligations or duties to the Customer with respect to any Service shall not in the aggregate exceed the amount equal to those Fees accrued in respect of the Service for the three months immediately preceding such breach, failure or default on the part of the MPT, without prejudice and subject to Clauses 8.1(a) and 8.2 (b).

9. THIRD PARTY PROVIDERS

9.1 While the Customer is allowed, during the course of or in relation to the Customer’s use of a Service, to obtain services from third party service or content providers (“Third Party Providers”), the Customer acknowledges that all such Third Party Providers are independent contractors or providers and are free from the control and direction of MPT in all matters connected with the performance of the services, except as to the results thereof and their compliance to the parameters provided by MPT. MPT, thus, shall not be liable in any way to the Customer whether in contract, tort or otherwise for any matter in relation to any services provided by the Third Party Providers.
9.2 If through the use of any Service provided by MPT the Customer, or any person gaining access to the Service through the Customer whether or not authorized or permitted to do so, agrees or is obliged to (a) donate a sum to any person or charity; or (b) pay any person, including any Third Party Provider, provided that, MPT is authorized by such person to collect and pay on its behalf, MPT may debit any Account for such sum. Further, any dispute relating to the debit of any sum in accordance with this Clause shall be resolved between the Customer and such person or Third Party Provider. The Customer acknowledges and agrees that MPT shall be held free and harmless from any and all claims, actions, or liabilities arising out of or in connection with the debit of any Account arising in accordance with this Clause.

10. INTELLECTUAL PROPERTY

10.1 The Customer undertakes not to use any MPT Intellectual Property or permit any person to use any MPT Intellectual Property; or use or copy or permit any person to use, copy, recompile, reverse engineer or disseminate any MPT Software, except in such manner as may be prescribed or permitted in writing by MPT and in any case only for the purpose of enabling the Customer to use the Service.
10.2 MPT assumes no responsibility for the nature or content of any materials accessed through the use of any Service, the manner by which these materials are accessed or used, and any resultant, consequential damage or loss which may arise therefrom, including but not limited to copyright infringement, security breaches or the spread of viruses, worms, Trojan horses or other malicious code.

11. CUSTOMER DATA

11.1 The Customer hereby agrees and consents to: (i) the collection, use, storage, and processing of Customer Data by MPT or any third party on behalf of MPT; and (ii) the transmission and disclosure of Customer Data to MPT’s joint operator and/or MPT’s Affiliates, including, without limitation, MPT’s mobile money entity. The Customer acknowledges, agrees and consents to this Clause 11 and MPT is vested and shall continue to be vested with all authority as may be required under applicable Law, unless otherwise notified in writing by the Customer in the procedure as determined by MPT from time to time. Customer warrants that any registration information provided to MPT is true, accurate and complete.
11.2 In the event that the Customer is a Legal Entity and provides information or data relating to one or more natural persons, the Customer represents, warrants and undertakes to MPT that each such natural person has expressed its full knowledge and consent to the collection, use and disclosure of their personal data by and on behalf of MPT in the manner and for the purposes set out in any relevant Customer Agreement, and the Customer further, on behalf of each such natural person, possessed of the requisite legal authority, affirmatively agrees, consents to and authorises the collection, use and disclosure by and on behalf of the MPT of all such information and data, in such manner and for such purposes.
11.3 Where the person using the Service is a minor, any person (excluding the minor) who applied for or subscribes to that Service or who is or was, in any manner, involved in such application:

a. must represent, warrant and undertake to MPT that the parent or legally recognized guardian of the minor has consented to the collection, use, processing and disclosure of the minor’s personal data by and on behalf of MPT as set out in any relevant Customer Agreement; and

b. authorises any person with access to that Service, including the minor, to make changes, corrections or other adjustments to permitted purposes of use or any relevant information or data through any system or process which is or may be made available by, through or on behalf of MPT.

12. WAIVER

12.1 Failure or delay on the part of MPT to exercise a remedy or to enforce or insist in one or more instances the performance of any of the covenants of these General Terms, Specific Terms, and/or any terms and conditions under any Customer Agreement (including all Fees, Payment Terms, the Prescribed Rate, and the like) shall not be construed as abandonment or cancellation or waiver of such covenant. No such failure or delay shall affect or prejudice any of MPT’s rights in any way and shall be enforceable any time, at its option.

13. CONFIDENTIALITY

13.1 The Customer shall not and shall procure that no Customer Affiliates shall use (other than for the purpose of utilising the Service) or disclose to any person any information relating to MPT, any Service (including but not limited to pricing information or the terms and conditions of the Customer Agreement) or MPT Equipment which is acquired from MPT or any of its contractors in connection with, by reason of or in the course of the provision of any Service. This confidentiality obligation shall not apply to information which is or has become publicly available otherwise than through a breach of any obligation of the Customer.

14. ASSIGNMENT

14.1 The Customer shall not assign or transfer any Customer Agreement or any of the rights or obligations granted therein without the prior written consent of MPT. In the event that consent for assignment or transfer is given, it is understood that the assignee shall be bound by all the terms and conditions of these General Terms and the relevant Customer Agreement.
14.2 MPT may transfer all or any part of MPT’s rights, interests and obligations under any Customer Agreement to a third party. Notice of such assignment or transfer under this Clause shall be served on the Customer upon which the assignment or transfer shall take effect. Thereafter, all references to MPT in the General Terms and Specific Terms shall be understood to be a reference to the assignee or transferee. Such assignee or transferee shall assume or acquire all rights, interests, and obligations under these General Terms, Specific Terms and/or the relevant Customer Agreement.  All sums due and accruing from the Customer as of the effective date of the assignment or transfer shall be paid to the assignee or transferee.

15. AMENDMENT

15.1 At any time, at its option, and in accordance with Law, MPT may amend, vary or supplement any Customer Agreement (including the General Terms, Specific Terms, any Fees, the Payment Terms, the Prescribed Rate and/or any other terms or conditions relating to any Account or Service). Reasonable prior notice shall be given to the Customer with effect as from the date specified in such notice.
15.2 The following shall be deemed proper notice to the Customer, and shall have been effectively received on the date of such publication or posting or announcement:

a. any such notice given by MPT in accordance with Clause 17;

b. any notice by publication in any newspaper circulating in Myanmar;

c. notice posted on any MPT Internet website; or

d. notice by announcement in any other such manner deemed appropriate by MPT.

16. DISPUTE RESOLUTION

16.1 The Customer Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the Republic of the Union of Myanmar, including the Telecommunications Law.
16.2 Except as may be otherwise agreed and subject to the Law, any and all claims, demands, causes of action, disputes, controversies and other matters in question arising out of or relating to the Customer Agreement, including any question regarding its breach, existence, effect, validity or termination, which the Parties do not resolve amicably within a period of ten (10) days from the date a Party first notifies the other of a matter requiring resolution, shall be referred to and finally resolved by arbitration proceedings in Myanmar, according to the provisions of the Arbitration Law of 2016 (the “MAL”), the reference to which shall include the same as from time to time modified or re-enacted or replaced or substituted after the date the Customer Agreement is executed. With respect to arbitration in Myanmar in accordance with the MAL, there shall be three (3) arbitrators. Each Party shall appoint one (1) arbitrator within thirty (30) days of the filing of the arbitration, and the arbitrators so appointed shall select an umpire within thirty (30) days after the last of the two (2) arbitrators have been appointed. If a Party fails to appoint its Party-appointed arbitrator or if the Party-appointed arbitrators cannot reach an agreement on an umpire within the applicable time period, then any Party may apply to the court for the appointment of such said arbitrator or an umpire, as applicable. In any such arbitration proceedings, the award of the majority of the arbitrators shall prevail, provided that if the arbitrators are equally divided in their opinions, the award of the umpire shall prevail. The language to be used in the arbitration shall be the Myanmar language and the resulting arbitral award shall be final and binding on the Parties, and judgment upon such award may be entered in any court having jurisdiction thereof. Arbitration proceedings shall take place in Yangon, Myanmar.

17. NOTICES

17.1 All notices and communications by MPT (excluding Bills in relation to which Clause 4.3 shall apply) to the Customer may be sent or dispatched to the Customer by delivery, post, e-mail or facsimile transmission or any other means deemed appropriate by MPT to the e-mail or other address or facsimile number of the Customer appearing in any record of the Customer maintained by MPT or from which any communication by the Customer to MPT was dispatched or issued or otherwise last known to MPT. Any such notice, demand or communication addressed and so dispatched to the Customer shall be deemed to have been received by the Customer:

a. in the case of dispatch by e-mail or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by MPT;

b. in the case of dispatch by delivery to the address of the Customer, on the date and at the time it was so delivered or left at that address; and

c. in the case of dispatch by pre-paid registered post on the Seventh (7th) day after it was posted by MPT.

17.2 All notices and requests from the Customer to MPT shall be in writing unless MPT specifies to the Customer otherwise. MPT shall be entitled to regard as ineffective and invalid any notice or request of the Customer the receipt of which by MPT has not been confirmed by MPT to the Customer.

18. INTERPRETATION

18.1 In interpreting these General Terms, except when it is inconsistent with the context:

a. any reference to the plural includes the singular and vice versa;

b. any reference to one gender includes all genders;

c. any reference to a person includes natural persons, corporate bodies, partnerships, firms, unincorporated bodies, governments, government and other public authorities and all legal persons whatsoever, in each case whether or not having a separate legal personality;

d. headings, including those in the table of contents, are given for convenience only and shall not affect interpretations;

e. any reference to a clause, sub-clause or schedule is a reference to a clause, sub-clause, or schedule in or to these General Terms;

f. any reference to a particular statute, regulation, treaty or convention includes all orders, regulations and subordinate legislation from time to time made thereunder or with respect thereto and to the same as from time to time modified or re-enacted (whether before or after the date of these General Terms) and any reference to a particular section of a statute, regulation, treaty or convention includes any section of a later statute, regulation, treaty or convention which modifies, replaces or re-enacts that section;

g. any reference to a party includes their respective permitted successors and assigns;

h. no provision of these General Terms will be construed adversely to a Party solely on the ground that the party was responsible for the preparation of these General Terms or that provision; and

i. any reference to any document (including these General Terms) or any provision thereof includes such document and provisions as from time to time varied or supplemented in accordance with its terms.

19. SEVERABILITY

19.1 In case any one or more of the provisions contained in any Customer Agreement, and these General Terms, shall be held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained therein shall not in any way be affected or impaired thereby, and the part deemed to be invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms.