Terms and Conditions

The following defines the terms and conditions under which Telecel shall provide the Service to Subscribers when a Subscriber accesses and uses the Service. All Subscribers shall by using the Service, be deemed to have consented to receiving the Service on these Terms and Conditions.

Definition

1. Fees/Charges means data charges levied from time to time by Telecel and in the form published from time to time.
2. IMEI means International Mobile Equipment Identification.
3. NCA means National Communications Authority
4. Services mean all services provided by Telecel through My Telecel.
5. Subscriber means a natural or legal person who uses any Telecel services.

Performance of Telecel Network access

1. Telecel shall subject to these terms and conditions, establish and maintain the connections and shall endeavour to make the service available to the Subscriber.
2. The Service may be unavailable at times either due to scheduled maintenance upgrades, operational reliability or due to factors beyond the Providers control. Telecel makes no guarantee as to the availability of the Service at any time and shall not be liable for any claims against it from the Subscriber due to the lack of availability of the Service. Nor shall it be held responsible for any loss or inconvenience suffered by the Subscriber due to lack of availability of the Service.
3. Telecel will use its best endeavors to provide at least Telecel twenty-four (24) hours’ notice of any disruption to the Service. The Subscriber acknowledges that it may not be possible for Telecel to give any notice at all under some circumstances.
4. Telecel shall not be liable for any disruption due to the above or for any interruption, suspension or termination of the service necessitated by order of the Government of Ghana or the NCA or for any just cause.

Prices/charges

1. The current charges (as may be amended from time to time) for Telecel products and services shall apply.
2. The price (if any) of the App is separate from and additional to the data download charges which the Subscriber will incur when browsing or downloading Apps. Therefore, in addition to the price of the App (if any), the Subscriber will also be liable for the data download charges (at the rate and on the terms and conditions applicable to the Subscriber’s package) in respect of browsing and downloads (whether successful or not) from the App store. All prices for Apps (if any) will be inclusive of taxes.
3. The Subscriber can retrieve Apps that have failed to download from the My Apps section unless the app is no longer available in the app store.
4. Any in-App purchases made and that are chargeable through the Telecel customer account that are unsuccessful can be queried via Telecel Customer Care and the necessary refund will be made but only to the extent of the value of the unsuccessful in-App purchase, as applicable.

Use of the Service

1. The Subscriber is personally responsible for all use of the service made from Subscriber equipment and shall always ensure the protection and integrity of their passwords.
2. The Subscriber shall only use the Apps for lawful purposes. The Subscriber warrants that they shall not and will use reasonable efforts to make sure a third party does not sell, resell, or lease the Apps to any other party. The Subscriber shall not use the service/App in a way that infringes on the privacy rights of any other person or with another other person’s enjoyment of the services, or in a way that could interfere with the network or any other operator’s network. The Subscriber shall not use the Service/App for any improper, immoral or unlawful purpose or cause any nuisance by the use of the Services, or infringe upon any intellectual property rights of any third party nor allow others to use the Services for any of the foregoing purposes in a way that may cause degradation of service levels to other customers or put the Network at risk.
3. The Subscriber is solely responsible for the activities of any persons whom the Subscriber allows, by any act or omission whether negligent or otherwise, to access the Subscriber’s account.
4. The Subscriber undertakes and agrees that Telecel does not and cannot monitor or control the content and information accessed via the Internet and that Telecel shall not be held responsible in any way for content or information accessed via the Internet.
5. The Subscriber is solely responsible for evaluating the accuracy and completeness of any content appearing on our Telecel website. Telecel does not make any representations or warranties in relation to the content appearing on our Telecel website. Telecel does not make any representations or warranties regarding the accuracy, timeliness, or completeness of the content. Telecel will not be responsible for any loss or damage suffered by relying on the content contained in our Telecel website.
6. The Subscriber shall maintain the confidentiality of passwords and other access codes to the Service and take reasonable precautions to avoid the disclosure of these and other confidential information relating to the Service.

Liability

1. Telecel shall under no circumstances accept liability for consequential loss, lost profit, and loss of data. Neither shall it accept damage caused by any use of its services which is illegal or in breach of these terms and conditions.
2. If Subscribers use their access to the network to purchase goods or services from third parties, Telecel shall not be liable, neither does it provide warranty for such services or goods purchased or ordered over the network access.
3. The Subscriber shall indemnify Telecel against all actions costs, claims, demands, liabilities, expenses, damages or losses of whatever nature suffered or incurred or brought against Telecel in respect of the Subscribers acts, omissions, including, but not limited to, defamation or breach of intellectual property rights arising from such acts or omissions and use of the Service.
4. To the fullest extent permitted by applicable law, the App is provided to the Subscriber as is without support or maintenance and Telecel disclaim liability for any damages that the App may cause to the Subscriber or any other person (whether through malware or otherwise). Telecel does not warrant that the App will meet the Subscriber’s requirements or that the operation of the App will be uninterrupted or error free. To the extent permitted by law Telecel disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied and whether arising by statute, common law or otherwise. In any event our maximum liability and sole remedy to the Subscriber is a refund of the price of the app at the time of the Subscriber purchase.
5. This site may contain hyper-links to third party sites. Telecel is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for the Subscriber’s convenience and should not be construed as an express or implied endorsement by Telecel of the site(s) or the products or services provided therein. The Subscriber accesses those sites and uses their products and services solely at the Subscriber’s own risk.

Jurisdiction

1. These terms and conditions will be governed by and construed in accordance with the laws of the Republic of Ghana, and The Subscriber shall submit to the jurisdiction of the Ghanaian Courts.

Force Majeure

1. Telecel shall not be liable if the provision of the service is temporarily interrupted, restricted in whole or in part or it is impossible to access the service because of Force Majeure. Force Majeure denotes an event the pernicious effect of which is beyond the reasonable control of any party and it shall include but not be limited to any decision of the NCA or any department of state, acts of God, war, hostilities, act of public enemy, civil commotion, sabotage, fire, flood, earthquake, explosion, epidemic, strike and lock-out, terrorism, power failure, malware and cyber-attack.

Termination of the Service

1. To the fullest extent permitted by applicable law, Telecel reserve the right to alter, restrict and/or terminate the Apps to the Subscriber in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the Apps are offered, at any time. Such changes may be posted on this Telecel website and shall be deemed to have been accepted by the Subscriber if the Subscriber continues using the Apps. The obligation therefore is on the Subscriber to review these terms and conditions at regular intervals.

Privacy Statement

1. Telecel and all its associated companies are committed to respecting the privacy of The Subscriber’s personal data. To demonstrate our commitment, Telecel has created a Privacy Policy in order to communicate its intent to provide effective processes for the appropriate handling of such private information by all its directors, employees and officers and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.
2. For the purpose of business communications, administration and transacting, improving the services, creating products or services that may meet the Subscriber’s future requirements and/or delivering targeted advertising to the Subscriber within Telecel, various, current, and future Telecel web and wap portals, Telecel may collect and use personal information, which may include (but not be limited to): the Subscriber’s name, address, telephone number, email and/or account details, location, home language, gender, date of birth, age, handset type, ARPU, whether the Subscriber is a post or prepaid customer and the type of services the Subscriber typically accesses, and such other information that may be required or necessary for the purpose herein.
3. Telecel will not collect, store, process, transmit or otherwise handle confidential information for any other purpose than stated herein and for historical, statistical or research purposes as stipulated in the Sec 27(4)(h) of the Data Protection Act 2012 (ACT 843) or any statutory modifications thereof. Monitoring or recording of the Subscriber’s activities may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of marketing and improving the Services. However, in these situations, Telecel will not disclose information that could be used to personally identify the Subscriber.
4. Telecel does not distribute any of the Subscriber’s personal information to third parties; unless it is required to deliver the products or services requested by the Subscriber. In addition, for example, Telecel may disclose the Subscriber’s data to a company to obtain payment for a purchase the Subscriber initiated. It may also be necessary to pass on the Subscriber’s data to a supplier who will deliver the product on order. In addition, Telecel may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.
5. Telecel has implemented technology, policies and processes aimed at protecting the confidentiality, integrity, and availability of the Subscriber’s personal information. Telecel will update and refine these measures on an on-going basis. Please note that Telecel cannot be responsible for the privacy policies and practices of other Telecel websites which the Subscriber may access using links from this Telecel website. Telecel recommend that the Subscriber check the policy of each site the Subscriber visits and that the Subscriber contact that specific organization if the Subscriber has any concerns or questions. Please be aware that Internet communications are inherently insecure unless they have been encrypted. The Subscriber’s communications may be routed through any number of countries before reaching our Telecel website. Telecel therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.

The use of Cookies

1. Telecel may store some information (commonly known as a cookie) on the Subscriber’s computer or device when the Subscriber visit our Telecel website. This enables Telecel to recognize the Subscriber during subsequent visits. The type of information gathered is non-personal (such as: the IP address of the Subscriber’s computer or location of the device, the date and time of the Subscriber’s visit, which pages the Subscriber browsed, and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, Telecel may also use this data in aggregate form to develop customized services – tailored to the Subscriber’s individual interests and needs. Should the Subscriber choose to do so, it is possible (depending on the browser the Subscriber is using), to be prompted before accepting any cookies, or to prevent the Subscriber’s browser from accepting any cookies at all. This will however cause certain features of the Telecel website not to be accessible.
2. These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
3. Failure to exercise any rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Telecel in writing.
4. Telecel reserves the right to amend or modify these terms and conditions at any time and may post the amended or modified terms and conditions on its Telecel website.