Terms & Conditions

TERMS & CONDITIONS APPLICABLE TO PRE-PAID SERVICES PROVIDED BY WARID TELECOM UGANDA LIMITED


The following terms and conditions shall apply to all subscribers on the pre-paid services provided by Warid Telecom Uganda Limited (hereinafter referred to as Warid). The subscriber shall be deemed to have accepted these terms and conditions as amended from time to time as and when required by Warid, in its sole discretion:

  • Upon initial activation of a SIM card, or;
  • Upon use of the Warid services, or;
  • Upon the subscriber's accessing the Warid network at any time or;
  • Upon the recharge of your account at any time with any amount using the designated recharge cards or using any other recharge means approved by an Warid;
  • Upon continued Use of Services following the variation/amendment/modification of the Conditions of Use of Services by Warid

 

Definitions

  • In these terms and conditions, the following words and expressions shall unless the context otherwise requires or admits, have the following meaning:
  • Authorized dealer means any person(s) authorized to promote and or carry out any business activities on behalf of Warid
  • Conditions of use means these terms and conditions which are applicable to the provision of pre paid services and shall include any subsequent amendments thereto.
  • Company means Warid Telecom Uganda Limited, whose address is at Plot 16A Clement Hill Road, P.O Box 70665, Kampala. Uganda.
  • Date of Commencement means the date on which the subscriber is deemed to have accepted these terms and conditions.
  • Mobile Equipment means your mobile phone handset and SIM Card or other equipment which when used together allows access to the Network and in each case is approved for use by Warid;
  • MSISDN means the mobile station identity number issued to the Subscriber;
  • Network means the mobile cellular network operated by Warid and covering those areas as shall be determined by the company from time to time.
  • Parties mean Warid and the subscriber or any other person deemed to be a subscriber as per the conditions of use of these services
  • PIN means the Personal Identification Number
  • PUK means the Pin Unblocking Key
  • Re-charge means the process of crediting your Mobile Station Identification Number (MSISDN) account with Warid so as to access the services using the recharge voucher issued by the company or through any other approved and announced means approved by it;
  • Services means the prepaid services including but not limited to basic voice, international dialing, international roaming, short message service, voice mail, emergency access numbers (112/999) and any other services offered via the network that the company agree to make available to the subscriber from time to time;
  • SMS means short messaging service or short message service;
  • SIM Card means the subscriber identity module card issued to the subscriber by Warid and shall remain property of Warid at all times
  • Starter Pack means the package which includes SIM card sold to the subscriber by Warid together with the PIN (Personal Identification Number) and PUK ( Pin Unblocking Key), and or any additional products and information that maybe included from time to time ;
  • Subscriber means the subscriber accessing the Warid Network by Use of services, or recharging his/her/its account with whom Warid is making this contract and includes any person whom Warid believes is acting with the subscriber's authority and who shall in turn be treated as a subscriber of the services and shall be liable for all obligations in respect of services provided herein
  • System means the Mobile Cellular Telephone System operated by Warid
  • Tariffs mean the charges for the use of the services as may be varied, changed or revised by Warid from time to time with or without prior notice to the subscribers;
  • Tariff Guide means the list of cost, charges for the services as published or revised by Warid from time to time;
  • Use of services means either making any chargeable outbound calls, SMS, use of content or any other chargeable network activity or re-charging the subscriber's account with the company's recharge card or any other approved means of recharging the subscriber's account

2. The Services

Quality and Availability of Services

 

Warid shall make pre-paid services available to the subscriber subject to these terms and conditions. These services are not fault free and may be affected by both internal and external factors including but not limited to acts of God, weather conditions, planned maintenance works or rectification works on the Network, or geographical topography or through any other unforeseen circumstances may interfere adversely with the quality and provision of the services herein provided. The company shall however, try to ensure that the subscriber has full use of the services to access the Network within its area of coverage, but does not guarantee the availability of the said services at all times. The company shall therefore not be responsible or liable for any loss whatsoever and howsoever arising as a consequence of unavailability of the services.


Warid may at its discretion and without prior notification, discontinue the provision of the services or any part thereof without incurring any liability to the subscriber. Restoration and access to all or any part of the Services shall be at the sole discretion of Warid and if restored may be subject to the payment of additional charges on such terms and conditions as Warid may determine from time to time. The subscriber shall comply with the Warid's instructions which may be given or varied from time to time on how to utilize or access the services. The Subscriber hereby waives all its rights and claims against Warid in case of interruption, interference on stoppage of service for any reason whatsoever including the reasons mentioned.


Mobile Equipment and SIM Card Ownership, Loss, Damage and Warranty



The SIM Card issued to the subscriber together with the subscriber identification number shall at all times remain the property of Warid subject to these Conditions of Use. In the event of damage to, loss or theft of the SIM card, the subscriber shall inform Warid immediately of such damage thereto; loss or theft thereof. In the case of theft of the SIM Card, the subscriber shall also be under an obligation to adduce proof of having reporting theft of the SIM Card to the police prior to reporting the same to Warid. The Warid shall upon receipt of such notification disable such damaged, lost or stolen SIM Card. The Warid may issue a replacement SIM card upon payment of a requisite fee or may repair a damaged SIM card at prescribed fee. The subscriber shall be responsible for all the usage charges up to the time of notification of the Warid of the loss, theft thereof or damage thereto The intellectual property rights in the SIM Card and the all services (the software included) belongs to Warid or its suppliers and is supplied to the subscriber, under license, by the Warid for proper use with the services only. Warid may change the Intellectual Property Rights at any time without prior notice to the subscriber. The subscriber shall not copy or change or reverse engineer any of the Intellectual Property Rights (IPR). If the Mobile Equipment is disconnected from the services or if the Warid changes the IPR the subscriber shall either destroy the SIM Card or return the same to Warid, as and when the Warid requires such relinquishment to be done.


In the event that any Mobile Equipment and/or SIM card provided by Warid or its authorized agents to the Subscriber is found to be faulty or defective, such faulty or defective Mobile Equipment and/or SIM card shall be immediately returned together with the receipt of issued at time of purchase within forty eight (48) hours of the purchase. Thereafter Warid shall not be obliged to accept, exchange or repair the SIM card/ Mobile Equipment or refund the amount paid by the Subscriber for the same. Warid shall only be liable to repair or replace Mobile Equipment and/or SIM card in the case of defects in materiality and/or workmanship, which are ordinarily the manufacturer's defects Warid shall use all reasonable endeavors to extend to the Subscriber the benefit of any warranty given to Warid (subject to any limitations and restrictions thereof) by the manufacturer provided that any expense reasonably incurred by Warid in extending such benefit shall be held to the account of the Subscriber. This is the only warranty that is given by Warid and stipulates the extent of its liability, including liability for negligence and in particular but without limitation all statutory or other express, implied or collateral terms.


Confidentiality/Disclosure of Subscriber's Details and Communications



Warid shall endeavor to keep the subscriber's communication(s) confidential. However for reasons beyond Warid's control and, in the unlikely event of any unlawful interception of the subscriber's communication(s) or access thereto by others who are not the subscriber's intended recipient, Warid does not guarantee such confidentiality and shall not therefore be liable for any loss, injury or damage whether direct or consequential arising out of any such compromise or disclosure of confidentiality of the subscriber's communication(s).


By accepting these terms and conditions in the manner envisaged herein, the subscriber acknowledges that Warid may disclose and/or receive and/or record any details of the subscriber's use of the services which include but shall not be limited to calls, emails, SMS, data of the subscriber or personal information or any document(s) obtained from the subscriber for purposes of:

  • Compliance with any legal, regulatory and or other government requirement;
  • Use in the Warid's telephone directory enquiry service in any format;
  • Quality control, testing and ensuring effectiveness in the Network operations or any other accepted business processes or procedures;
  • Deterrence of fraud and any illegally activity, including its use therein;
  • Enforcing the law or in the course of any legal proceedings in which the Warid is involved or implicated as a result of the subscriber's use of the service;
  • Reasonable commercial use/activities incidental to the subscriber's use of the mobile service, such as marketing and research related activities;
  • Monitoring or recording of the Subscriber's calls, emails or text messages for Warid Telecom's business purposes such as quality control and training, prevention of unauthorized use of the system and ensuring the efficient operation of the system in order to prevent or detect crime
  • Carrying out any activity in connection with legal, government or regulatory requirement on Warid Telecom in connection with legal proceedings or in respect of crime or fraud prevention, detection or prosecution
  • Warid Telecom reserves the right to avail details of its Subscribers to other telecommunication operators for purposes of enabling them to bar access to their networks in the event that the Subscriber's equipment and SIM card has been reported stolen and is likely to be used without authority

3. Changes in Cost, Charges and Tariffs

The subscriber may be subjected to different costs, charges and tariffs as shall be deemed to be applicable from time to time subject to WARID's conditions. Such changes in costs, charges and tariffs shall be made by the company with prior notification of the subscriber in a manner and form to be determined by WARID.

4. The Subscriber's Obligations

The subscriber shall be:

 

  • Solely liable for any material transmitted or communication, which is defamatory in nature or infringes any person's rights and undertakes to keep WARID indemnified against any claims and/or expenses made against the company in respect thereof
  • Meet all charges incidental to the use of the services herein described, including calls made on the WARID Network using the Mobile Equipment whether those calls were made by the subscriber or by someone else with or without the subscriber's authority or knowledge;
  • Responsible for ensuring legal compliance, security and the proper functioning of any equipment, mobile equipment used for accessing the services herein contemplated save for the SIM Card for which the WARID shall be responsible as per the terms and conditions herein

5. Payments to be made by the Subscriber for Services



WARID shall only grant access to the prepaid services provided the subscriber has the requisite or sufficient credit on his/hers/its account. The company shall therefore not be liable to the subscriber in any way whatsoever, howsoever caused in the event that the subscriber is denied access to the company's network due to insufficient credit with the company.


All payments made by the subscriber for the services shall be in compliance with the Tariff guide, which is not intended to be a binding legal document but only a guideline as to the tariffs applicable at the time of the payment or intended payment. Such Tariffs are subject to change without prior notice to the subscriber. Unless otherwise provided therein, all Tariffs listed therein include Value Added Tax but are subject to other applicable levies and taxes at the then prevailing rates.


6. Variations - conditions of use, tariffs applicable & services


Warid reserves the right to vary these terms and conditions and/or tariffs applicable at any time. The company shall notify its prepaid subscribers of any changes, variations or amendments to these conditions of use and/or tariffs by way of advertisement(s) placed in any local daily newspaper, SMS and/or by using any other means deemed appropriate by the company. Such notification shall be deemed to be effective upon issuance by the company in the agreed format regardless that the subscriber may not have actual notice of the same. Warid shall in the event of any changes in the law or regulatory requirements, make variations or amendments to the conditions of use of the services.


Warid may change, refuse or withdraw the services (or part thereof) at any time, with or without notice to the subscriber. The company may where possible give reasonable notice of such change(s) in services to the subscriber(s). The subscriber shall in the event of such change(s) be able to use any credit that the subscriber may have accumulated, prior to the withdrawal of such or all service(s)


7. Suspension and Disconnection of the Services


Warid may bar, suspend, restrict, terminate or withdraw the provision of the Services (in whole or in part) without informing the subscriber and without incurring any liability whatsoever on our part in any of the following circumstances:- In case the company has reason to believe that:


  • the subscriber's mobile equipment is being used for an unauthorized, unlawful, or fraudulent purpose or manner, or;
  • the subscriber's mobile equipment has been previously used for an unauthorized, unlawful or fraudulent purpose or manner, or;
    • The subscriber opts not to use the services for a period exceeding six (6) months
    • For reasons beyond the company's control
    • When the subscriber fails to comply with the conditions of use of the services or any part thereof
    • In the event that the subscriber does anything or permits anything to be done with his/her/its Mobile Equipment which in the sole opinion of the company is deemed to be capable of damaging or affecting or interfering with the operation or security of the Network or the services;
    • In the event that the company is of the opinion that the subscriber is making calls or sending data considered to be classified and this is considered by Warid to be illegal, a nuisance, abusive, a hoax, menacing or indecent (Messages relayed or calls made to the company's customer care service personnel included)
    • Upon the company's notification that the subscriber's mobile equipment has been stolen or is lost
    • If Warid becomes aware or has reason to believe that the subscriber has re-charged or has attempted to re-charge his/her/its account using any fraudulent or illegal means.

 

In the event of disconnection or suspension of the services as a result of acts envisaged in clause (h) above, the company may in addition to any other remedies, herein contained also:-

  • Bar the subscriber's Mobile Equipment from accessing the services, and/or;
  • Bar the Mobile Station Identity Number (MSISDN) so that it is no longer available to the subscriber for use during re-charge with any electronic facility.

 

The company may however, where possible take initiative to notify the subscriber that such action is likely to be taken. Such notification may when undertaken by the company be done when the customer care service personnel confirm the minimum account requirements that the subscriber has to observe so as to be able to maintain his/hers/its account with Warid. Forfeiture of credit balance in the event of continued suspension or disconnection of services

In the event that the subscriber's Mobile equipment continues to be disconnected or suspended by Warid for a period exceeding six (6) months solely due to the subscriber's failure to use his/hers/its use the services, the subscriber shall be deemed by Warid to have forfeited any credit balance on his/her/its account.

 

The company may in the event of disconnection or suspension of the Mobile Equipment for any of the afore stated reasons charge a fee for reconnection of the subscriber's disconnected Mobile Equipment.


8. Liabilities and Exclusions



WARID shall not be liable to the subscriber in any of the following circumstances:

 

  • In the event of its compulsion to change or re-assign the subscriber's Mobile Station Identity Number (MSISDN) in order to meet regulatory requirements or for any other reason;
  • In as far as the law shall permit the company to exclude warranties of all kinds whether express or implied
  • In as far as the law shall permit the company to exclude itself from being liable for any costs, loss, liability or damage whether direct, special or consequential, howsoever and whensoever arising out of the company's provision of, or failure to provide, the services and the subscriberis by accepting the terms and conditions of use of these services deemed to have accepted to indemnify the company and keep WARID indemnified at all times against any and all such costs, expenses, actions, claims, demands and damages howsoever and whensoever arising as a result of the use of the SIM Card by the subscriber or any other person.
  • In the event that the subscriber does either or any of the following:
    • accesses WARID's services using a forged or stolen scratch card, or;
    • accesses WARID's services using an already used scratch card, or;
    • damages or defaces the scratch card through excessive scratching or in any other manner as to render the access number illegible, or;
    • purchases and/or uses a scratch card from an invalid point of sale
  • In case of any other unavoidable circumstances not mentioned above.



9. Other provisions

  • These Conditions of Use as from time to time amended form a legally binding agreement binding between WARID and the subscriber, the subscriber's personal successor(s) and permitted assignee(s) or any other person who may have access to the subscriber's mobile Equipment and access the services.
  • Failure by either the company or the subscriber to enforce any rights under these Conditions of Use shall be without prejudice to any available legal remedies and does not imply any admission of liability on WARID's part for any alleged breach
  • If WARID avails a facility to the subscriber that eliminates the presentation of the number of an incoming call, the company may charge the subscriber for the use of such a facility at the price stated in the company's Tariff Guide in accordance with set standards/limits for such use
  • The subscriber shall for his/her/its own protection be required to keep all personal identification or security numbers used with the services confidential. The numbers/codes that the company shall permit the subscriber to use with the services shall remain the sole property of WARID at all times.
  • WARID may charge the subscriber for inclusion of his/her/its your information in any publicly available telephone directory enquiry service at the price stated in the company's Tariff Guide from time to time. This notwithstanding, the subscriber's name and address shall be entered into the database so that the operator can confirm that you are ex-directory. Directory enquiry service information may be passed by WARID whether directly or indirectly to other entities so as to enable them to operate their own directory enquiry service.
  • WARID shall not provide itemized billing statements or call data information except in cases where the requisite fee as determined by the company for such service shall have been paid by the subscriber or his/her/its duly authorized representative
  • The Laws of Uganda shall govern these terms of use of the prepaid services, their interpretation, meaning, application and the relation of WARID and the subscriber. Both the company and the subscriber submit to the exclusive unenforceability of such provision shall not affect the other provisions herein and all provisions not so affected by such invalidity or unenforceability shall remain in full force and effect.

 

Dispute resolution


Save as may otherwise be provided herein, all questions or issues arising between the parties and all claims or matters relating to such dispute and which have not been mutually settled between the parties, shall be referred to the Uganda Communications Commission of Uganda


In the event, that the Uganda Communications Commission fails to settle the dispute within thirty (30) days from the date of such referral, then the matter shall be referred to arbitration by a single arbitrator mutually appointed by the parties to this agreement in writing or in default of such agreement within fifteen days of such notification of such dispute by either party to the other, upon application to the Centre for Arbitration and Dispute Resolution at the Commercial Court of Uganda, who shall appoint an arbitrator and arbitration proceedings shall take place in Kampala.


Any award made under this clause shall be in accordance with the Provisions of the Arbitration and Conciliation Act, Cap 4 Laws of Uganda. To the extent permissible by law the determination of the Arbitrator shall be final and binding upon the parties.


The provisions of this clause shall not preclude the parties from seeking urgent interlocutory relief, in which case the parties submit to the jurisdiction of the High Court of Uganda