Loaner Device Agreement

Loaner Device Agreement

1. General Conditions

"Customer" is the person who signs the present agreement (Hereunder the Agreement) and who is entitled to use, the loaner device (“Device") provided to him / her by MTN for the time period his/her own device is under Service Department for repairing.

The terms and conditions of the Agreement are related to the Device for the entire period of occupation by the Customer. In any case, MTN is and remains to be the legal owner of the Device.

Receiving the Device, the Customer acknowledges that he / she has read and understood the terms of the Agreement and agrees to be bound by them. MTN reserves the right to discontinue the use of the Customer at any time, for any reason, including, without limitation, false or misleading information or violation of the present Terms and Conditions.

The present Terms and Conditions apply supplementary to the terms and conditions applicable for products and / or services offered by MTN that are commercially available on MTN's website.

The Agreement is interpreted under the laws of the Republic of Cyprus.

2. Beneficiaries

In any case, the Customer must have the legal age to act (18) and must be permanently resident in the territory of the Republic of Cyprus.

Beneficiaries to receive the Device are Customers who have signed Subscription contract with MTN for any mobile MTN Pay Monthly Plan. For Customers that are not MTN’s Subscribers and / or are customers of prepaid telephony (MTN PayAsYouGo) it is compulsory to provide a valid credit card with a credit limit equal to or greater to the price of the Device and their political identity card at the time of signing the Agreement.

The Device shall be used only by the Customer. In any case that may happen some damage will be the responsibility of the Customer who signed the present Agreement. The device cannot subleased to any other third party by the Customer.

3. Usage of the Device by the Customer

Customer is not allowed to perform illegal activities or damage the Device and/or to use the Device for any illegal purpose. Any use of the Device which can harm the good name of MTN [or the name of the manufacturing company of the Device] gives MTN the right to automatically terminate the present Agreement with immediate effect and claim for compensation for damage that may have been made by the MTN.

The Customer will be responsible for any offense committed during the period was in possession of the device as if the Customer was the owner of the Device.

4. Personal Data

At the request of the Police or any official or administrative authority, MTN may transfer the personal data of the Customer. Any transfer of personal data will be handled in accordance with the regulations and decisions made for the protection of personal data based on the relevant legislation in force.

By signing the Agreement, the Customer must check the condition of the Device and fill out the form / application "Delivery status of the Device / Report damages by submitting the necessary personal information.

The Customer at the time of returning back the Device is required to ensure that the device does not include and / or is free of any Personal data / information that are considered personal data such as contact data, photos, videos, messages or any other items which relating to a person other than MTN.

The Customer must set the device to the original factory settings before returning the Device back to MTN and remove, if any, the memory card (memory card). Prior to that, the Customer must remove the "Find My i-Phone" application from any Apple device and for all Android devices which run 5.1 system or newest, the Customer must remove the Google account before restoring the factory settings. In the MTN’s website there is a guide explaining step by step how to proceed for a factory reset respectively to manufacturer of the Device.

MTN will not accept any liability if the Customer does not do so and / or neglected to comply with its obligations under this Agreement with respect to personal data security.

5. Loss, damage, destruction of the Device

In case the Device is lost and / or stolen, the Customer must immediately inform the MTN. If MTN is not informed immediately then the Customer will be responsible for all costs associated with any direct, indirect or consequential charges and damages. The MTN in case of theft and / or loss will inform the police stating that the specific Device is lost or stolen placing the Device in the black list. In case any SIM card is inserted into this Device after the alleged loss then the Provider which is the owner of the specific SIM card will be informed and respectively will inform the Police.

If during the loan period, the Device appears to have any problem the Customer must inform the MTN. Only MTN and / or authorized employees may be engaged in any kind of adjustments and / or repair of the Device. Repairs that may held by the Customer will not be refunded to the Customer from MTN.

The Customer is obliged to return the Device to any MTN shop in the same condition was received and reset the Device to the original factory settings otherwise the Customer will be held liable for all the repair costs. In any case, the total amount for such repairing costs shall not exceed the amount shown in the report/form which has been accepted and signed by the Customer.

 

The Customer by the time gets notified that his/her personal device is repaired from the Service Department shall, within fifteen (15) days return the Loaner Device back to MTN and receive his/her device. If neglected and / or does not do so within fifteen (15) days, for any reason, MTN will charge the Customer on the next monthly invoice the amount of the Loaner Device that is mentioned on the Report /Form signed by the Customer.