3.1. By using any Service, the Customer is deemed to have read, understood, and accepted these General Terms. These General Terms may be updated by MPT from time to time, and MPT may notify the Customer in the event of any update. Unless otherwise prescribed, the Customer’s continued use of a Service following any update to these General Terms shall be deemed Customer’s agreement and informed consent to the updated General Terms in its entirety.
3.2. In order to use any Service, the 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 and 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 required under Law.
3.4. It is the Customer’s responsibility to:
(a) comply with these General Terms and ensure that anyone who uses the Customer’s mobile equipment complies with these General Terms;
(b) comply with MPT’s instructions on the manner of installation, use or operation of the Service;
(c) ensure that any and all equipment used in relation to a Service, and the Service itself, is used in accordance with Law;
(d) 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;
(e) ensure compatibility of all equipment and software which may, in any manner, be connected to, interact or operate in conjunction with any Service;
(f) keep and secure all MPT Equipment at the premises specified by the Customer and as approved in writing by MPT; and
(g) if required by MPT, provide all ancillary undertakings 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 in contravention of any Law, Customer Agreement, Intellectual Property rights, or in any way that is abusive, fraudulent, offensive, or for any purpose other than as authorized by MPT;
(b) alter, edit, adapt, modify, tamper with, recalibrate, dismantle, uninstall, deconstruct, remove, relocate, replace, reverse engineer, copy, resell, lease, sublease, license, sublicense, share, distribute, reproduce, publicly display, publish, subdivide, split, transfer, assign, mortgage or encumber in any way any MPT Equipment or MPT Software, or permit, directly or indirectly, any of the foregoing, without the prior written consent of MPT;
(c) resell, sublease, sublicense, share, split, assign or transfer, directly or indirectly, any Service without the prior written consent of MPT; or
(d) use or permit the use of any Service 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 Service, without the prior written consent of MPT.
3.6. In the event that the Service is used for a different purpose than intended or authorized, MPT may impose different or additional 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 is used.
3.7. MPT reserves the right, at any time, and in its sole and absolute discretion, to change, modify, decommission, replace, migrate, update or upgrade any of its equipment, infrastructure, hardware, software, firmware, processes, procedures, or anything else in relation to its network and the Services. In the event of such change, the Customer, at its own expense, shall implement required changes in order to continue to use any Service. In doing so, and upon MPT’s request, the Customer agrees to promptly return and/or swap MPT Equipment and/or MPT Software. For the avoidance of doubt, all MPT Equipment belongs to MPT unless specifically provided otherwise in writing by MPT.
3.8. MPT shall use reasonable efforts, consistent with industry practices customarily undertaken in Myanmar, to ensure the quality of any Service. MPT, however, cannot guarantee fault-free Services and shall not be liable for any claims, losses, damages, obligations, liabilities, fines, penalties, costs, debts, expenses, or fees, including attorneys’ fees (collectively, “Losses”), which may be caused by or arise out of the loss, disruption or corruption of any signals or data transmitted through or as part of any Service.
3.9. MPT shall endeavor to carry out or implement Customer Requests within reason, provided that, unless expressly agreed 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 the same.
3.10. 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 these General Terms, the Specific Terms and the Law in the use of any Service. If MPT’s authorized representatives are 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 reasonably determine, unless otherwise agreed by MPT and Customer.
3.11. The Customer shall not acquire, and hereby waives any right or interest in any Service Number 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.