MPT Myanmar | Moving Myanmar ForwardTerms & Conditions Ver 2 - MPT Myanmar | Moving Myanmar Forward
×
mptofficialpage
mpt myanmar

GENERAL TERMS AND CONDITIONS

1. APPLICATION

1.1. These General Terms and Conditions (the “General Terms”) shall apply to all Services provided by Myanma Posts and Telecommunications and shall be effective as of 27 July 2019.

1.2. In case of conflict between the Specific Terms and these General Terms, then the Specific Terms shall govern, but only to the extent of such conflict.

2. DEFINITIONS

The following words and expressions shall have the following meanings for purposes of these General Terms:

“Account”refers to any account of a Customer with MPT regarding any Service;
“Affiliates”shall mean any Legal Entity that controls or is controlled by or under common control with MPT. For purposes of this definition, the term “control” means (i) beneficial ownership of more than fifty percent (50%) of the voting securities of a corporation or other business organization with voting securities or (ii) more than a fifty percent (50%) interest in the net assets or profits of a partnership or other business organization without voting securities;
“Bill”refers to any invoice, bill or statement of account for any charge, fee or other sum payable to MPT regarding any Service or Account;
“Customer”refers to any person or Legal Entity who applies for, subscribes to, or makes use of any Service;
“Customer Affiliates”shall mean any Legal Entity that controls or is controlled by or under common control with the Customer. For purposes of this definition, the term “control” means (i) beneficial ownership of more than fifty percent (50%) of the voting securities of a corporation or other business organization with voting securities or (ii) more than a fifty percent (50%) interest in the net assets or profits of a partnership or other business organization without voting securities;
“Customer Agreement”refers to an agreement between MPT and a Customer regarding a Service. The Customer Agreement includes these General Terms and the Specific Terms, if any;
“Customer Request”refers to any Customer-initiated request, instruction or order sent to MPT;
“Due Date”has the meaning given to it in Clause 4.5;
“Fees” refers to the fees or charges imposed in connection with the provision of any Service;
“Intellectual Property”means any copyrighted work, patent, industrial design, trademark, or any other intellectual or proprietary property, registered or otherwise, the ownership or rightful claim to which belongs to MPT or where the use, administration and enjoyment of the rights to such property are duly licensed to MPT;
“Law”means the laws, rules and official notifications of Myanmar and any other applicable law to which MPT is subject;
“Legal Entity”refers to a body of person(s), a corporation, company, partnership, or other legal entity that is recognized by Law which grants a juridical personality separate and distinct from that of a shareholder, partner or member;
“MPT”refers to Myanma Posts and Telecommunications and its successors in interest and assigns;
“MPT Equipment”refers to any equipment, device or thing owned, operated, installed and/or leased out by MPT, including SIM cards and such equipment located at the Customer’s premises;
“MPT Software”refers to any computer program, script, application, firmware or software installed or provisioned by or on behalf of MPT;
“Myanmar”refers to the Republic of the Union of Myanmar;
Partiesrefers to MPT and the Customer, and a “Party” means any one of them;
“Payment Terms” refer to the terms and conditions upon which the Fees become due and payable or governing matters related to Bills, as may be determined by MPT from time to time, and as may be stipulated in the Specific Terms;
“Pre-Paid Fees”refers to money paid into an Account and credited to a Customer from which the Fees are deducted at the time of accrual without the issuance of any Bill;
“Prescribed Rate”refers to the Central Bank of Myanmar’s official rate of interest;
“Service”refers to any telecommunications service, service in relation to MPT Equipment or MPT Software, or other service (including the supply, rental or installation of any equipment or software), provided by MPT;
“Service Number”refers to any combination of letters and/or numbers assigned by MPT to identify the Customer, and that allows the use of any Service;
“Specific Terms”refers to the specific terms and conditions stipulated by MPT regarding a Service;
“Taxes”refers to all applicable taxes, duties, levies and other similar charges however designated, imposed under and by virtue of any Law or the law of any jurisdiction outside Myanmar with respect to, or in connection with the provision of any Service, or on any Fees or payment due and payable to MPT from the Customer;
“Third Party Providers”has the meaning given to it in Clause 9.1.

3. TERMS OF SERVICE

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.

4. FEES AND PAYMENT

4.1. The Customer shall be charged for Services rendered, subject to applicable Taxes. For the avoidance of doubt, the Customer acknowledges and agrees that due to the nature of certain Services, including with respect to the charging of Fees for the use of pre-paid telecommunication data services, there may be cases where Customer’s Account balance may go below zero, in which case the Customer shall be liable for the deficit in accordance with the terms herein.

4.2. All Fees and sums accruing which are due and payable to MPT shall be paid by the Customer without any set off, deduction or withholding whatsoever except to the extent required by Law.

4.3. MPT may issue a Bill in respect of the Services on a monthly basis or at such other intervals as MPT may consider appropriate subject to any directions or requirements mandated by the Myanmar government authorities. Bills may be issued by MPT to the Customer by any of the following methods:

(a) delivery by hand, courier or post to the last recorded address of the Customer appearing in MPT-maintained records or from the last received communication by the Customer to MPT; and/or

(b) instantaneous electronic communications, including, but not limited to, electronic mail, facsimile transmission or Short Message Service (SMS), to such email addresses or telephone/mobile number appearing in any record maintained by MPT or from any communication by the Customer to MPT.

4.4. Any such Bill issued shall be deemed to have been received by the Customer:

(a) on the date and at the time it was so delivered or left at that address if delivered by hand or courier;

(b) on the seventh (7th) day after it was posted by MPT to any address in Myanmar;

(c) on the fourteenth (14th) day after it was posted by MPT by standard air-mail to any address outside Myanmar; or

(d) upon electronic confirmation of receipt if sent by e-mail or facsimile transmission or other instantaneous electronic communications.

4.5. The Customer is obliged to pay MPT the total amount shown or stated as due or payable to MPT in a Bill within the period prescribed therein, or in the absence of said period, the Customer shall pay MPT on or before the twentieth (20th) day of the following month, or the immediately following business day if the twentieth day of the month falls on a Saturday, Sunday or public holiday of Myanmar, or such other date as determined by MPT and notified in writing to the Customer (such relevant period shall hereinafter be referred to as the “Due Date”).

4.6. The Customer shall pay the Fees and any other sums due or payable to MPT in accordance with the terms herein unless provided otherwise in the Specific Terms. In such cases where the Service is terminated (whether by MPT or the Customer), MPT determines that the Customer has abandoned the Service, the Customer’s use of the Service has been significantly greater than the Customer’s average use thereof, or any other instance where MPT deems it necessary, the Customer shall pay to MPT the Fees and any other sums due or payable, including Taxes, immediately upon demand.

4.7. Subject to applicable Law, MPT reserves the right to vary or revise the Fees and Payment Terms from time to time and such variation or revision shall take effect as from the date determined by MPT upon reasonable notice to Customer.

4.8. Where amounts payable by the Customer are delinquent or in delay, MPT may, at its sole discretion,

(a) charge the Customer interest at the Prescribed Rate on any outstanding delinquent amount; and/or

(b) without need of prior notice or consent from the Customer, debit any Account with respect to such delinquent amount and interest.

4.9. Under certain circumstances, MPT may request the Customer and the Customer shall be obliged to:

(a) provide a bank guaranty in the amount and from a bank as may be required by MPT from time to time in relation to any Service; and/or

(b) deposit with MPT such sums or such further or additional sums as may be required by MPT from time to time in relation to any Service.

4.10. In relation to the deposits provided in the preceding Clause, MPT:

(a) may retain all sums deposited by the Customer with MPT as long as any Service (including any Service that has been suspended) continues to be provided to, made available or retained by the Customer; and

(b) may, at its sole discretion and without need for authorization from the Customer, deduct from said deposits any or all such sums due and payable from Customer to MPT.

4.11. For the avoidance of doubt, the Customer shall not require MPT to apply any sum deposited with MPT for payment of any Fees. A deposit does not relieve the Customer from its obligations to pay amounts to MPT as they become due and payable, nor does it constitute a waiver of MPT’s right to suspend, disconnect, or terminate the Service due to non-payment of any sums due or payable.

4.12. The Customer agrees to bear and pay all Taxes in relation to the Service. For the avoidance of doubt, in the event that the Customer is required under the Law to deduct any sum as Taxes in respect of any amount payable to MPT, the Customer shall make such deduction as required, and the amount payable to MPT shall be increased by any such amount necessary to ensure that MPT receives a net amount equal to the amount which MPT would have received in the absence of any such deduction to the extent not otherwise prohibited by Law.

5. DISPUTES

5.1. Any Customer who disputes any amount or matter stated in a Bill, or disputes an amount deducted from Pre-Paid Fees, must within ninety (90) days of the date of such Bill, or deduction of Pre-Paid Fees, give MPT written notice providing the reasons for the dispute and supporting documentary evidence. MPT shall conduct a thorough review of such dispute and shall provide the Customer with a response within a reasonable period from receipt of such written notice. Notwithstanding the foregoing, Customer shall pay all undisputed amounts of a Bill by the relevant Due Date.

5.2. The Customer shall pay interest at the Prescribed Rate in the event that the amount unpaid is determined to be due and payable to MPT, calculated and compounded in such manner determined by MPT from time to time, as from the Due Date.

5.3. In all cases, any dispute between MPT and the Customer shall be resolved in accordance with Clause 16. Each Party waives the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative.

6. SERVICE SUSPENSION OR TERMINATION

6.1. To the extent permitted by Law, MPT may suspend or terminate any Service at any time with or without notice to the Customer and without liability. The following is a non-exhaustive list of examples where MPT may exercise such right of suspension or termination:

(a) any failure, interruption, disruption or congestion of or in any telecommunications network, system or services, whether caused by MPT or occurring in MPT’s network or caused by any other person or occurring in any other network;

(b) if, in MPT’s opinion, the Customer or Customer Affiliates:

i. has undertaken or attempted (whether successfully or otherwise), or is likely to attempt in the foreseeable future, the use of any Service in contravention of any Law or Customer Agreement;

ii. has undertaken or attempted (whether successfully or otherwise), or is likely to attempt in the foreseeable future, the use of any Service in any manner which would cause any disturbance or otherwise be prejudicial to the interests of MPT;

iii. has abandoned or is inactive with regard to the Service;

iv. has undertaken, attempted (whether successfully or otherwise), or is likely to attempt in the foreseeable future, the use of any Service to disrupt the provision, quality or operation of any Service; or

v. has breached an obligation in any Customer Agreement;

(c) upon the request/order of the Ministry of Transportation and Communications or any other government authority;

(d) the Customer has undertaken, attempted (whether successfully or otherwise) to cause, or is likely to attempt to cause, any failure, disruption or congestion of or in any telecommunications network, system or services (whether of MPT or any other person);

(e) the Customer has failed to comply with its payment obligations as due;

(f) the Customer has lost or had its mobile equipment stolen; or

(g) the death or mental incapacity of the Customer.

6.2. MPT may, at its sole discretion, decide whether the Customer’s credit or solvency status is acceptable and reserves the right to refuse to supply and/or limit the supply of a particular Service, or to impose a credit limit on the Customer’s Account in the event the Customer’s credit or solvency status changes.

6.3. The Customer may also terminate the Service by giving MPT written notice thereof forty-five (45) days before such termination occurs, unless otherwise agreed in the Specific Terms or required by Law.

6.4. Upon the termination of the Service:

(a) all sums accruing to MPT with respect to that Service shall become immediately due and payable upon termination; and

(b) all MPT Equipment shall be promptly returned by the Customer in good working condition; provided that the Customer shall be liable to MPT for any costs incurred by MPT (whether for repossession or replacement) in the event of the Customer’s failure to return to MPT any MPT Equipment in good working condition.

6.5. Where any Service agreed to be provided to the Customer for any stipulated or minimum period is terminated whether by MPT or the Customer before the expiry of such agreed minimum period, the Customer shall:

(a) pay any termination or cancellation fees before the end of that period; and

(b) in the absence of any such fees and in the absence of any Specific Terms to the contrary, the Customer shall pay the proportionate equivalent of all applicable Fees for the remainder of the agreed stipulated or minimum period, in addition to all other Fees accruing, and the aggregate of all such Fees shall become immediately due and payable on termination.

6.6. MPT may decide to refuse to provide any part of the Service to you, including your use of international networks and making international calls.

7. INDEMNIFICATION

The Customer shall assume full responsibility for, and hereby indemnifies and holds MPT, its directors, officers, employees, contractors, representatives and agents, its Affiliates, joint operation partner, and subsidiaries, free and harmless from any and all Losses arising from:

(a) any act, omission, or use of any Service by the Customer, Customer Affiliate, or any person, in any manner, including minors or the incapacitated, whether or not authorized or permitted by the Customer;

(b) any damage, loss, or injury (including death) to property or person relating to or arising out of the Service;

(c) any disturbance in the operation of any Service resulting in loss or limited service;

(d) Customer’s breach of any Customer Agreement, infringement of any intellectual property rights, or violation of the Law; and

(e) the enforcement of any rights by MPT against the Customer under any Customer Agreement.

8. LIMITATION OF LIABILITY

8.1. MPT shall not be liable to the Customer whether in contract, tort or otherwise, for any special, indirect or consequential losses or damages, such as economic or financial loss or damage (including loss of revenue or profits), including, but not limited to, any such loss arising from any delay, breach or failure by MPT to perform any of its obligations under any Customer Agreement;

8.2. MPT shall not be liable to the Customer whether in contract, tort or otherwise, including negligence or breach of statutory duties, for any Losses incurred or sustained by the Customer caused, directly or indirectly, by:

(a) any act or omission, negligence or willful misconduct committed by the Customer, Customer Affiliate, or any person, in any manner, including minors or the incapacitated, whether or not authorized or permitted by the Customer, with respect to any Service;

(b) any content, files or information accessed, viewed or downloaded via any Service;

(c) any failure, malfunction, delay, interruption to or disruption of any Service in the transmission or reception of any data through any Service, howsoever caused;

(d) any defect, incompatibility, malfunction or failure of any MPT Equipment or MPT Software;

(e) any defect or the breakdown or failure of any equipment or system used directly or indirectly to avail of any Service;

(f) any defect, deficiency, distortion, corruption or deterioration in the quality of any signal or data transmitted through or as part of any Service;

(g) any loss, corruption, truncation or deletion of any data or information transmitted through or as part of any Service and/or stored in any system or equipment;

(h) loss, damage to or theft of the Customer’s mobile device or equipment used to access the Service;

(i) services or products of Third Party Providers;

(j) any event due to causes which were unforeseeable or even if foreseeable, were unavoidable and beyond its control, including, but not limited to, the failure, shortage or interruption of electrical power or supply, riots or civil commotion, sabotage, strikes, lock outs, trade or labour disputes or disturbances, plague, epidemic or quarantine, fire, explosion, accident, flood, default of common carrier, drought or acts of any government or sovereign, change in any Law, acts of war or terrorism (whether real or perceived), or acts of God; or

(k) the use in any manner and/or for any purpose by any person (other than as specifically provided in a Customer Agreement) at any time of any information relating to the Customer transmitted through the use of any Service by the Customer.

8.3. MPT’S LIABILITY TO THE CUSTOMER WHETHER IN CONTRACT, TORT OR OTHERWISE FOR ANY AND ALL LOSSES ARISING FROM ANY BREACH, FAILURE OR DEFAULT OF MPT TO PERFORM ANY OF ITS OBLIGATIONS OR DUTIES TO THE CUSTOMER IN A CUSTOMER AGREEMENT SHALL NOT IN THE AGGREGATE EXCEED THE AMOUNT EQUAL TO THOSE FEES ACCRUED PERTAINING TO SUCH CUSTOMER FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING SUCH BREACH, FAILURE OR DEFAULT ON THE PART OF MPT.

8.4. THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, EQUIPMENT, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MPT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, INCLUDING ITS ACCURACY, CONTENT, MATERIALS, EQUIPMENT, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THROUGH THE SERVICE. THE CUSTOMER EXPRESSLY AGREES THAT ITS/HIS USE OF THE SERVICE IS AT ITS/HIS SOLE RISK.

8.5. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8.6. MPT DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, EQUIPMENT, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THEREIN, MPT SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MPT, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. THIRD PARTY PROVIDERS

9.1. While the Customer is allowed, during the course of or in relation to the Customer’s use of a Service, to obtain services from third party service or content providers (“Third Party Providers”), the Customer acknowledges that all such Third Party Providers are independent contractors or providers and are free from the control and direction of MPT in all matters connected with the performance of the services, except as to the results thereof and their compliance to the parameters provided by MPT. MPT, thus, shall not be liable in any way to the Customer whether in contract, tort or otherwise for any matter in relation to any services provided by Third Party Providers.

9.2. Where authorized by the Customer, MPT may debit the Account of the Customer, with respect to charges arising from Third Party Providers.

10. INTELLECTUAL PROPERTY

Any Intellectual Property, including, without limitation, software, script, code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content, and all intellectual property rights related thereto, are the exclusive property of MPT and its licensors, suppliers, publishers, rights holders, or other content providers. Except as explicitly provided in a Customer Agreement, nothing herein shall be deemed to create a license or right in or under any Intellectual Property, and the Customer agrees not to sell, resell, license, sublicense, rent, modify, distribute, copy, reproduce, reverse engineer, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the same. Use of the Intellectual Property for any purpose not expressly permitted by the Customer Agreement is strictly prohibited.

11. CUSTOMER DATA

As a Customer, you confirm you have read and agree with our Privacy Policy, which can be found at the following link:  Privacy Policy

12. WAIVER

Failure by MPT to complain of any action, non action, delay, neglect or default of the Customer shall not constitute a waiver of any of MPT’s rights hereunder. Waiver by MPT of any right arising from any default of any Customer shall not constitute a waiver (i) of the same right for any subsequent default of the same obligation, (ii) of any other right arising from a subsequent default of the same obligation, or (iii) of any other default, past, present or future. Any waiver by MPT of any of its rights under a Customer Agreement must be in writing signed by MPT and shall not be a waiver of or release of any of its other rights of the Customer Agreement in the future.

13. CONFIDENTIALITY

Unless otherwise approved by MPT in advance, the Customer shall not disclose, publish, distribute, transmit, share, or otherwise make available, directly or indirectly, to any third party any information relating to MPT, any Service, MPT Equipment, MPT Software, or Customer Agreement, provided, however, that such confidentiality obligation shall not apply to information which is or has become publicly available otherwise than through a breach of any obligation of the Customer.

14. ASSIGNMENT

14.1. The Customer shall not assign or transfer any Customer Agreement or any of the rights or obligations granted therein without the prior written consent of MPT.

14.2. MPT may transfer all or any part of MPT’s rights, interests and obligations under any Customer Agreement to an Affiliate, successor or third party.

15. AMENDMENT

These General Terms may be amended and updated by MPT from time to time, and shall take effect upon the date of notice or publication, or as otherwise specified by MPT. Notice of such amendment or update to the General Terms may be provided to the Customers in any reasonable manner as determined by MPT, and includes posting to the MPT website.

16. DISPUTE RESOLUTION

16.1. The Customer Agreement shall be governed by, and construed and interpreted in accordance with, the Law.

16.2. Except as may be otherwise agreed and subject to the Law, any and all claims, demands, causes of action, disputes, controversies and other matters in question arising out of or relating to the Customer Agreement, including any question regarding its breach, existence, effect, validity or termination, which the Parties do not resolve amicably within a period of thirty (30) days from the date a Party first notifies the other of a matter requiring resolution, shall be referred to and finally resolved by arbitration proceedings in Myanmar, according to the provisions of the Arbitration Law of 2016 (the “MAL”), the reference to which shall include the same as from time to time modified or re-enacted or replaced or substituted after the date the Customer Agreement is executed. With respect to arbitration in Myanmar in accordance with the MAL, there shall be three (3) arbitrators. Each Party shall appoint one (1) arbitrator within thirty (30) days of the filing of the arbitration, and the arbitrators so appointed shall select an umpire within thirty (30) days after the last of the two (2) arbitrators have been appointed. If a Party fails to appoint its Party-appointed arbitrator or if the Party-appointed arbitrators cannot reach an agreement on an umpire within the applicable time period, then any Party may apply to the court for the appointment of such said arbitrator or an umpire, as applicable. In any such arbitration proceedings, the award of the majority of the arbitrators shall prevail, provided that if the arbitrators are equally divided in their opinions, the award of the umpire shall prevail. The language to be used in the arbitration shall be the Myanmar language and the resulting arbitral award shall be final and binding on the Parties, and judgment upon such award may be entered in any court having jurisdiction thereof. Arbitration proceedings shall take place in Yangon, Myanmar.

17. NOTICES

17.1. All notices and communications by MPT (excluding Bills in relation to which Clause 4.3 shall apply) to the Customer may be sent or dispatched to the Customer by hand, post, e-mail or facsimile transmission or any other means deemed appropriate by MPT to the e-mail or other address or facsimile number of the Customer appearing in any record of the Customer maintained by MPT or from which any communication by the Customer to MPT was dispatched or issued or otherwise last known to MPT. Any such notice, demand or communication addressed and so dispatched to the Customer shall be deemed to have been received by the Customer:

(a) in the case of dispatch by e-mail or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by MPT;

(b) in the case of dispatch by hand to the address of the Customer, on the date and at the time it was so delivered or left at that address; and

(c) in the case of dispatch by pre-paid registered post on the seventh (7th) day after it was posted by MPT.

17.2. All notices and requests from the Customer to MPT shall be in writing unless MPT specifies to the Customer otherwise. MPT shall be entitled to regard as ineffective and invalid any notice or request of the Customer the receipt of which by MPT has not been confirmed by MPT to the Customer.

18. INTERPRETATION

18.1. In interpreting these General Terms, except when it is inconsistent with the context:

(a) any reference to the plural includes the singular and vice versa;

(b) any reference to one gender includes all genders;

(c) any reference to a person includes natural persons, corporate bodies, partnerships, firms, unincorporated bodies, governments, government and other public authorities and all legal persons whatsoever, in each case whether or not having a separate legal personality;

(d) headings, including those in the table of contents, are given for convenience only and shall not affect interpretations;

(e) any reference to a clause, sub-clause or schedule is a reference to a clause, sub-clause, or schedule in or to these General Terms;

(f) any reference to a particular statute, regulation, treaty or convention includes all orders, regulations and subordinate legislation from time to time made thereunder or with respect thereto and to the same as from time to time modified or re-enacted (whether before or after the date of these General Terms) and any reference to a particular section of a statute, regulation, treaty or convention includes any section of a later statute, regulation, treaty or convention which modifies, replaces or re-enacts that section;

(g) any reference to a party includes their respective permitted successors and assigns;

(h) in the event of a conflict between the English and Myanmar versions of these General Terms, the Myanmar translation shall prevail;

(i) no provision of these General Terms will be construed adversely to a Party solely on the ground that the party was responsible for the preparation of these General Terms or that provision; and

(j) any reference to any document (including these General Terms) or any provision thereof includes such document and provisions as from time to time varied or supplemented in accordance with its terms.

19. SEVERABILITY

In case any one or more of the provisions contained in any Customer Agreement and these General Terms, shall be held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained therein shall not in any way be affected or impaired thereby, and the part deemed to be invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms.

20. SURVIVAL

Following the expiration or termination of the Customer Agreement, whether by its terms, operation of Law, or otherwise, the terms and conditions set forth, as well as any term, provision, or condition required for the interpretation of the Customer Agreement or necessary for the full observation and performance by each Party thereto of all rights and obligations arising prior to the date of termination, shall survive such expiration or termination.