TCMFS

TERMS AND CONDITIONS FOR MOBILEFUND SERVICES

1. THE AGREEMENT

       1.1 This Agreement sets out the complete Terms and Conditions (hereinafter called "these Terms and Conditions") which shall be applicable to the mobileFund and youSave Accounts (as hereinafter defined as youSave Services) opened by you (as hereinafter defined Customer ) with the Bank (as hereinafter defined via M-SELEN).

       1.2 These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.

2. DEFINITIONS In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings:

      2.1“youSave Account” means a mobile money savings account held by a Customer which is opened and operated in accordance with the terms and conditions herein contained;

      2.2 “mobileFund” means a product offered to advance loans to eligible youSave members in accordance to these terms and conditions;

      2.3 “Telekom Digital Ltd” means Telekom Digital Limited incorporated in the Solomon Islands as a limited liability company under the Companies Act;

      2.4 “Bank” means M-SELEN of Telekom Digital Limited incorporated in the Solomon Islands as a limited liability company under the Companies Act and duly licensed as a Mobile Money service provider from the Central Bank of Solomon Islands as may from time to time be specified by the Bank to you;

      2.5 “Customer” means the person in whose name the mobileFund Service is accessed;

     2.6 “Customer Care Centre" means a contact point selected by Telekom Digital Ltd or youSave Services for mobile money customers, any Telekom Digital Ltd Agent points or such other points or outlets as may be notified to the Customer by the Bank from time to time;

     2.7 “E-Money” means the electronic monetary value depicted in your M-SELEN Account representing an equivalent amount of cash;

     2.8 “Device” includes your mobile phone handset, SIM Card and/or other device which when used together enables you to access the youSave Services

     2.9 “Service Provider” means M-SELEN and youSave

     2.10 “mobileFund Menu” means the steps a customer has to follow to access the mobileFund services;

     2.11 “M-SELEN Account" refers to your mobile money account managed by Telekom Digital Limited, allowing you to store and save money electronically as needed.

     2.12 “M-SELEN Product" refers to the range of mobile money services available to M-SELEN account holders. These services include account deposits and withdrawals, money transfers, various payment options, and access to loan and savings services, all provided through Telekom Digital Limited's mobile money system

    2.13 "Telekom Digital Mobile Money System" refers to the technical platform supporting M-SELEN, operated by Telekom Digital Limited in the Solomon Islands.;

    2.14 "M-SELEN PIN" refers to your personal identification number, a confidential code that allows you to access and manage your M-SELEN account with Telekom Digital Limited.;

    2.15 “M-SELEN Subscriber” means any person duly registered to use the M-SELEN mobile money services to send or receive money or make any payments;

    2.16 “Network” means the means the GSM system for mobile telecommunications operated by Solomon Telekom Company Limited in the Solomon Islands

    2.17 “Request” means a request or instruction received by the service providers from you or purportedly from you through the Network and the System and upon which the service providers are authorized to act;

    2.18“SIM Card” means the subscriber identity module which when used with the appropriate mobile device enables you to access the Network and to use the M-SELEN service;

    2.19 “SMS” means a short message service consisting of a text message transmitted from one mobile device to another;

    2.20“M-SELEN Fee” means the tariff or charge payable by a Customer to Telekom Digital Limited for carrying out of any Transaction.

    2.21 “We,” “Our,” and “ us,” means the service providers and includes the successors and assigns of the service providers.

    2.22 "You" or "your" means the Customer and includes the personal representatives of the Customer;

    2.23 “youSave Services” Means mobile mobileFund and youSave services offered by the service provider.

    2.24 The word “Customer” shall include both the masculine and the feminine gender as well as juristic persons;

    2.25 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

    2.26Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.

3.            ACCEPTANCE OF THE TERMS AND CONDITIONS

 3.1 Before applying for the yousave services via the M-SELEN System you should carefully read and understand these Terms and Conditions which will govern the use and operation of the said services.

 3.2 If you do not agree with these Terms and Conditions, please click “Decline” on the mobileFund Menu.

 3.3 You will be deemed to have read, understood and accepted these Terms and Conditions:-

    3.3.1 upon clicking on the “Accept” option on the mobileFund Menu requesting you to confirm that you have read, understood and agreed to abide by these Terms and Conditions; and/or

    3.3.2 By using or continuing to use and operate the mobileFund .

 3.4 By applying for the mobileFund services , you agree to comply with and be bound by these Terms and Conditions as long as you have access to the services and you affirm that these Terms and Conditions herein are without prejudice to any right that the service provider may have with respect to the said services in law or otherwise.

 3.5 These Terms and Conditions may be amended or varied by the service provider from time to time and the continued use of your mobileFund services constitutes your agreement to be bound by the terms of any such amendment or variation.

3.6 You acknowledge and accept that the service provider offers the mobileFund services only electronically and you agree to do business with the service provider and to operate the mobileFund services only by electronic means via the mobileFund Menu and through the M- SELEN Any query and complaint you may have relating to the youSave services shall be addressed to the service provider through the Customer Call Centre. For the avoidance of doubt, you acknowledge and accept that you will not be allowed or entitled to receive or demand the Services pertaining to youSave at any branch or branches of the Bank unless otherwise advised by the service provider in its sole discretion. You further acknowledge and accept that the Customer Call Centre is not a branch of the service provider or the service provider’s Agent for purposes of conducting banking business or transactions and that it will not act as such.

4.  ACCOUNT OPENING

 4.1 In order to apply for mobileFund services with the service provider you must be at least 18 years old and a registered and active M-SELEN The service provider reserves the right to verify with Telekom Digital Limited the authenticity and status of your M-SELEN Account.

 4.2 You will be eligible to apply for mobileFund services based on a proprietary loan approval process defined by mobileFund This approval process considers among other things patterns of usage of Telekom Digital Ltd Services, mobileFund services and additional data points that may vary from time to time up to the sole discretion of mobileFund Services provider.

 4.3 You may apply for mobileFund Services solely by way of an electronic application made by you using your Device via the mobileFund Menu.

 4.4 You hereby agree and authorise the service provider to access your personal information pursuant to the agreement between you and Telekom Digital Ltd for the provision of mobileFund Services including your phone number, name, date of birth, ID or Passport Number and such other information that will enable the Service Provider to identify you and comply with the regulatory “Know Your Customer” requirements (together with the “Personal Information”).

 4.5 You also hereby agree and authorise the Service Provider to access information relating to your use of the mobileFund Services as the Service Provider shall require for purposes of providing you the Services (“M-SELEN Information”). You hereby consent to the disclosure of the Personal Information and the M-SELEN Information to the Service Provider and to the aforesaid use of the Personal Information and the M-SELEN Information by the Service

 4.6 The Service Provider reserves the right to access your further information pertaining to your application for mobileFund Services at any time such as your usage of Telekom Digital Ltd calling services and other services. Failure to provide such information within the time required by the Service Provider may result in the Service Provider declining your application for mobileFund Services.

 4.7 Acceptance by the Service Provider of your application for mobileFund Service shall be done via SMS sent to the Solomon Telekom Company Limited Mobile Phone Number associated with your M-SELEN You acknowledge and accept that the acceptance by the Service Provider of your application for an mobileFund Services

 4.8 Account does not create any contractual relationship between you and Telekom Digital Limited beyond the terms and conditions that apply to your mobileFund Services from time to

 4.9 The Service Provider reserves the right to decline your application for mobileFund Services or to revoke the same at any stage at the Service Provider’s sole discretion and without assigning any reason or giving any notice thereto.

5.  TYPES OF ACCOUNT

As a holder of mobileFund Services , you will be entitled, subject to these Terms and Conditions, to operate mobileFund Services deposit account (hereinafter the “youSave” ) into which you may transfer money from your M-SELEN Account and/or make withdrawals therefrom into your M-SELEN Account, and/or to borrow money from the Service Provider as follows:

5.1.  youSave Account

5.1.1 As a holder of the youSave Account, you may deposit or withdrawal from your youSave Account using the mobileFund Services Menu on your mobile device. The transaction fees payable to Telekom Digital Limited for transactions effected in respect of your M-SELEN Account from time to time will apply to any transactions effected in respect of your youSave Account using the M-SELEN System.

5.1.2 Interest may be paid on the youSave at periodic intervals as determined by the Service Provider and/or upon respective maturity dates of such deposits at such rate as may be determined by the Service Provider.

5.2.  mobileFund Account

 5.2.1 As a holder of the mobileFund Account, you may, subject to these Terms and Conditions, apply for a loan from the Service Provider using the mobileFund Services Menu on your

 5.2.2 Where you apply for a loan from the Service Provider, your application shall be appraised according to the applicable loan appraisal processes of the Service Provider. The Service Provider reserves the right at its sole discretion and without assigning any reason to approve or decline your application for a loan.

 5.2.3 Subject to approval of your application for a loan the Service Provider shall disburse to you a loan of an amount to be determined by the Service Provider in its sole discretion.

 5.2.4 The proceeds of the Loan shall be credited into your M-SELEN Account subject to any deductions on account of applicable Transaction Fees.

 5.2.5 You shall repay the Loan within thirty (30) calendar days of the date of disbursement of the Loan.

 5.2.6 In consideration of the Service Provider granting you the Loan, you shall pay the Service Provider a facility fee being 10% of the Loan amount (the “Facility Fee”). The facility fee will be collected first on the repayment made by you followed by the Loan amount.

 5.2.7 You shall make all payments due from you to the Service Provider in respect of the Loan and Transaction Fees using the M-SELEN Service and the System only unless otherwise agreed by the Service Provider in its discretion.

 5.2.8 In the event that you do not repay the Loan in full within thirty (30) calendar days of the date of disbursement of the Loan, the Service Provider will automatically roll over any outstanding amount in respect of the Loan including the Facility Fee for a further period of thirty

(30) calendar days.

 5.2.9 In consideration of the Service Provider forbearing to demand the immediate payment of the outstanding amount due in respect of your Loan and rolling over the same pursuant to Clause 2.8, you shall, in addition to paying the outstanding amount in respect of the Loan any outstanding Facility Fee, pay to the Service Provider a roll-over penalty fee being 2.5% of the outstanding amount in respect of the Loan (the “Roll-Over Fee”).

 5.2.10 In the event the loan is still unpaid after 30 days, the outstanding loan amount will be further rolled over for another fifteen days including the Facility After 45 days if the loan is unpaid, the loan shall be declared as defaulted and the credit score for the individual will be downgraded. The score and its means of computation will however be proprietary to mobileFund services and shall not be disclosed to customer. No further fee will be chargeable from the customer after 45 days and all recovery will be attempted for the outstanding amount of loan along with unpaid Facility Fees and Penalties.

 5.2.11 The Service Provider shall be entitled to terminate this Agreement and bar you from mobileFund Services in accordance with the provisions of Clause 12 without prejudice to any of its rights accruing hereunder if you fail to repay the Loan and/or the Transaction Fees due thereon within twenty (20) calendar days of the disbursement of the Loan.

 5.2.12 The Service Provider shall hold your funds in your youSave Account as collateral and security for any amounts outstanding and due from you to the Service Provider in respect of your mobileFund You hereby agree and confirm that the Service Provider is entitled in its discretion to prevent or restrict you from withdrawing in whole or in part the funds in your youSave Account for so long as and to the extent of the amount outstanding in respect of your mobileFund facility without the Service Provider giving any notice to you and/or without incurring any liability to you whatsoever in that connection.

 5.2.13 The Service Provider reserves the right to vary the terms of the Loan including the fees payable thereon from time to time having regard to the prevailing rules and regulations of the Central Bank of Solomon Islands and the policies of the Service Provider.

 5.2.14 The Service Provider shall have a right of lien and set off over funds held by you in your youSave Account/s, any other Mobile money Account held by you and/or any other account held by you in the Service Provider.

 5.2.15 You hereby expressly consent and authorise the Service Provider to disclose, respond, advise, exchange and communicate the details or information pertaining to your mobileFund Services as required under the Banking Act or any other regulatory body.

6.  FEES

 6.1 You hereby agree to pay all Transaction Fees payable in connection with your use of the

 6.2 You shall pay to the Service Provider and the Service Provider is entitled to deduct from your youSave account (without reference to you):

 6.2.1 Any Transaction Fees payable in respect of the Services;

 6.2.2 Any legal charges including advocate and client costs incurred by the Service Provider in obtaining legal advice in connection with your mobileFund Services and your dealings with the Service Provider or incurred by the Service Provider in any legal, arbitration or other proceedings arising out of any dealings in respect of your mobileFund Services; and

 6.2.3 All other fees, taxes, duties, impositions and expenses incurred in complying with your Requests.

 6.3 You hereby agree to pay costs charges and expenses incurred by the Service Provider in obtaining or attempting to obtain payment of any loan owed under your mobileFund Account.

7.  STATEMENTS

 7.1 You may request for a statement or activity report in respect of your MobileFund Services from the Service Provider using your Device (“MobileFund Services Mini Statement”).

 7.2 A MobileFund Services Mini Statement shall provide details of the last 5 (five) transactions (or such other number of transactions as determined by the Service Provider) in your MobileFund Services initiated from your Device.

 7.3 A MobileFund Services Mini Statement shall not be sent to you in printed form but shall be delivered to you either by SMS to the Solomon Telekom Company Limited Mobile Phone Number associated with your M-SELEN Account or such other electronic means as the Service Provider may in its discretion You shall be responsible for the payment of any charges levied by Telekom Digital Ltd in delivering the MobileFund Services Mini Statement to you.

 7.4 You may obtain printed MobileFund Services Mini Statements or a printed bank statement pertaining to your MobileFund Services from the Customer Call Centre. You shall be responsible for the payment of any charges levied by the Customer Call Centre for such printed

 7.5 Save for a manifest error, a MobileFund Services Mini Statement or bank statement issued to you aforesaid in respect of your MobileFund Services shall be conclusive evidence of the transactions carried out on MobileFund Services for the period covered in the MobileFund Services Mini Statement and/or bank statement.

8.  IRREVOCABLE AUTHORITY OF THE SERVICE PROVIDER

 8.1 You hereby irrevocably authorise the Service Provider to act on all Requests received by the Service Provider from you (or purportedly from you) through the System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorised by you or are not in accordance with any existing mandates given by you.

 8.2 If you request the Service Provider to cancel any transaction or instruction after a Request has been received by the Service Provider from you, the Service Provider may at its absolute discretion cancel such transaction or instruction but shall have no obligation to do so.

 8.3 The Service Provider shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Service Provider believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.

 8.4 The Service Provider is authorised to effect such orders in respect of your MobileFund Services as may be required by any court order or competent authority or agency under the applicable laws.

 8.5 In the event of any conflict between any terms of any Request received by the Service Provider from you and these Terms and Conditions, these Terms and Conditions shall

9.  CUSTOMER ’ S DEVICE AND CUSTOMER ’ S RESPONSIBILITIES

 9.1 You shall at your own expense provide and maintain in safe and efficient operating order your Device necessary for the purpose of accessing the System and the Services.

 9.2 You shall be responsible for ensuring the proper performance of your The Service Provider shall neither be responsible for any errors or failures caused by any malfunction of your device, and nor shall the Service Provider be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Device.

 9.3 You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by the Service Provider concerning the use of the System and Services.

 9.4 You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Device and for keeping your M-SELEN PIN secret and secure. You shall ensure that your M-SELEN PIN does not become known or come into possession of any unauthorised person. The Service Provider shall not be liable for any disclosure of your M- SELEN PIN to any third party and you hereby agree to indemnify and hold the Service Provider harmless from any losses resulting from any M-SELEN PIN disclosure.

 9.5 You shall take all reasonable precautions to detect any unauthorised use of the System and the Services. To that end, you shall ensure that all communications from the Service Provider are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorised use of and access to the System will be

 9.6 You shall immediately inform the Service Provider through the Customer Call Centre in the event that:

 9.6.1 You have reason to believe that your M-SELEN PIN is or may be known to any person not authorised to know the same and/or has been compromised; and/or

 9.6.2 You have reason to believe that unauthorised use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or

 9.7 You shall at all times follow the security procedures notified to you by the Service Provider from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your MobileFund Services’ confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorised to do so.

 9.8 You shall not at any time operate or use the Services in any manner that may be prejudicial to the Service Provider. 

10.  EXCLUSION OF LIABILITY

 10.1 The Service Provider shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Device, or (b) any other circumstances whatsoever not within the Service Provider’s control including, without limitation, force majeure or error, interruption, delay or non-availability of the System, terrorist or any enemy action device failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.

 10.2 The Service Provider will not be liable for any losses or damage suffered by you as a result of or in connection with:                                                                                                                    

    10.2.1 Unavailability of sufficient funds in your M-SELEN Account and/or in your MobileFund Services Account;

    10.2.2 Failure, malfunction, interruption or unavailability of the System, your device, the Network, M-SELEN System and/or M-SELEN Service, howsoever caused;

    10.2.3 The money in your youSave Account being subject to legal process or other encumbrance restricting payments or transfers thereof;

    10.2.4 Your failure to give proper or complete instructions for payments or transfers relating to your MobileFund Services;

    10.2.5 Any fraudulent or illegal use of the Services, the System and/or your Device; or

    10.2.6 Your failure to comply with these Terms and Conditions and any document or information provided by the Service Provider concerning the use of the System and the

 10.3 If for any reason other than a reason mentioned in subparagraphs 1 or 9.2, the Services are interfered with or unavailable, the Service Provider’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.

 10.4 Save as provided in subparagraph 3 the Service Provider shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.

 10.5 Under no circumstances shall the Service Provider be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to the Service Provider.

 10.6 All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

11.  INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the intellectual property rights in the System (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that the Service Provider provides to you through the System or otherwise are vested either in the Service Provider or in other persons from whom the Service Provider has a right to use and to sub-license the System and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of the Service Provider.

12.  INDEMNITY

 12.1 In consideration of the Service Provider complying with your instructions or Requests in relation to MobileFund Services, you undertake to indemnify the Service Provider and hold it harmless against any loss, charge, damage, expense, fee or claim which the Service Provider suffers or incurs or sustains thereby and you absolve the Service Provider from all liability for loss or damage which you may sustain from the Service Provider acting on your instructions or requests or in accordance with these Terms and Conditions.

 12.2 The indemnity in clause 1 shall also cover the following:

 12.2.1 All demands, claims, actions, losses and damages of whatever nature which may be brought against the Service Provider or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or device, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond the Service Provider’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by the Service Provider.                                                         

12.2.2 Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.

 12.2.3 Any unauthorised access to your MobileFund Services or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Device.

 12.2.4 Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third-party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Service Provider as a consequence of any breach by these Terms and

 12.2.5 Any damages and costs payable to the Service Provider in respect of any claims against the Service Provider for recompense for loss where the particular circumstance is within your control.

13.  VARIATION AND TERMINATION OF RELATIONSHIP

13.1 The Service Provider may at any time, terminate or vary its business relationship with you and bar you from your MobileFund Services and in particular but without prejudice to the generality of the foregoing the Service Provider may cancel credits which it has granted and require the repayment of outstanding debts resulting therefrom within such time as the Service Provider may determine.

  13.1.1 Without prejudice to the Service Provider rights under clause 12.1, the Service Provider may at its sole discretion suspend or close your MobileFund Services: you use the MobileFund Services for unauthorised purposes or where the Service Provider detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

 13.1.2 If your M-SELEN Account or agreement with Telekom Digital Ltd is terminated for whatever reason;

 13.1.3 If the Service Provider is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;

 13.1.4 If the Service Provider reasonably suspects or believes that you are in breach of these Terms and Conditions (including non-payment of any Loan amount due from you where applicable);

 13.1.5 Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;

 13.1.6 To facilitate update or upgrade the contents or functionality of the Services from time to time;

 13.1.7 Where you remain inactive for any period of time determined by the Service Provider in its reasonable discretion; or

 13.1.8  If the Service Provider decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute

 13.2 You may close your mobileFund Services at any

 13.3 If your yousave account has any credit balance at the time of its closure, we will return any such balance to you, less any applicable If your mobileFund Account is in arrears at the time of closure, you agree to pay to us immediately all amounts you owe us.

 13.4 Termination shall however not affect any accrued rights and liabilities of either

 13.5 If the Service Provider receives notice of your demise, the Service Provider will not be obliged to allow any operation or withdrawal from your yousave Account by any person except upon production of Grants of Letters of Administration or Probate by your legal representatives duly appointed by the Court.

14.  DISCLOSURE OF INFORMATION

 14.1 You hereby expressly consent and authorise the Service Provider to disclose receive record or utilise your personal information or information or data relating to your MobileFund Services and any details of your use of the Services:

 14.1.1 To and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;

 14.1.2 To and from the Service Provider’s service providers, dealers, agents or any other company that may be or become the Service Provider’s subsidiary or holding company for reasonable commercial purposes relating to the Services;

 14.1.3 To a Credit Reference Bureau;

 14.1.4 To the Service Provider’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;

 14.1.5 To Telekom Digital Limited in connection with the M-SELEN Service and the Services;

 14.1.6 For reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and

 14.1.7 In business practices including but not limited to quality control, training and ensuring effective systems operation.

15.  MISCELLANEOUS

 15.1 These Terms and Conditions (as may be amended from time to time) form a legally binding agreement.

 15.2 This Agreement and any rights or liabilities accruing thereunder shall not be assigned by you to any other person.

 15.3 The Service Provider may vary or amend at any time and without notice to you these Terms and Conditions and the Transaction Any such variations or amendments may be published in posters or pamphlets available at Telekom Digital Limited’s Agents outlets, in the daily newspapers, on the Service Provider and/or Telekom Digital Limited’s website and/or by any other means as determined by the Service Provider and any such variations and amendments shall take effect immediately upon publication.

 15.4 No failure or delay by either yourself or the Service Provider in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

 15.5 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

 15.6 If any provision of these Terms and Conditions shall be found by any, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.

 15.7 Any addition or alteration to these Terms and Conditions may be made from time to time by the Service Provider and of which notice has been given to you by way of publication as provided in subparagraph 3 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.

16.  NOTICES

 16.1 The Service Provider may send information concerning the MobileFund Services via SMS to the Solomon Telekom Company Limited Mobile Phone number associated with your M-SELEN Account.

 16.2 You acknowledge that you have no claim against the Service Provider for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the MobileFund

17.  DISPUTE RESOLUTION,

 17.1 In case of any claims or issues or MobileFund Services discrepancies arise, you are required to report the same to the Customer Call Centre for assistance and/or resolution.

 17.2 Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Call Centre representatives shall be referred to the Management of the Service Provider who shall endeavor to resolve the dispute within 60 days of the notification of a dispute,

 17.3 To the extent permissible by Law, the decision of the Service Provider shall be final,

 17.4 This Agreement shall be governed by and construed in accordance with the laws of the Solomon Islands