Homepage

Terms and conditions of Orange Bostwana

ORANGE MONEY TERMS AND CONDITIONS


1. PURPOSE


These OM Service Terms and Conditions govern the access and use of the Orange Money Services offered by Orange via mobile phones to holders of Orange Money Accounts (the “OM Service”). The signing of the Application form and activation of the Orange Money Account by the Customer will constitute acceptance of these terms and conditions.


2. DEFINITIONS


In these terms and conditions the following terms will have the meaning set forth below:


“Application Form”: the form containing all details and information necessary to apply for the OM Service, in addition to the Customer’s acceptance of these terms and conditions;


“Balance”: the face value of Orange Money Units outstanding in an Orange Money Account at any given moment;


“Charge”: any fee payable by the Customer for the use of the OM Service, including taxes and other related costs;


“Charging Rates”: the list of Charges related to the use of the Orange Money Account and OM Service, as published by Orange and updated form time to time;


“Credit”: all incoming transfers of Orange Money Units into the Orange Money Account;


“Customer”: any given individual customer of the OM Services holding an active Orange Money Account within Botswana;


“Customer Assistance Center”: Orange Customer assistance center located at the Camphill Building in Gaborone or any Orange Shop where the Customer can enquire about the Service;


“Debit”: all outgoing transfers of Orange Money Units from the Orange Money Account;


“Orange Money Account”: the Customer’s account linked to a single Orange mobile phone number opened in the books of Orange in the Customer’s name, and which stores the Customer’s Orange Money Units to be utilized for effecting Transactions;


“Orange Money Unit”: an electronic unit of monetary value denominated in Botswana Pula and representing a general payment obligation of the Issuer which is negotiable between Participants, as more fully described in Article 5;


“Initialization Code”: the 4 digit personal identification number sent by SMS to the Customer upon signing the Application Form in order to activate its Orange Money Account;


“Internet Site”: the website www.orange.co.bw describing the functionalities and conditions of access and use of the OM Service;


“Loading”: transaction carried out at the Customer’s request, consisting of the purchase by such Customer of Orange Money Units from Orange or a Distributor against payment by the Customer of the Orange Money Unit’s face value plus the applicable Charges, if any;


“OM Service”: service provided by Orange enabling the transfer of Orange Money Units between OM Service Accounts at the applicable Charging Rates;


“OM Service System”: the mobile banking information system, including the IT system and all computer procedures and techniques as well as operational diagrams enabling operation of the OM Service within Botswana;


“Secret Code”: the Customer’s personal identification number serving as secret code necessary to access and manage its Orange Money Account;


“Mobile Access”: the mobile phone line used by the Customer which enables access to Orange’s network via the SIM card, in accordance with the with these terms and conditions;


“Mobile Number”: the MSIN identification number of a given mobile telephone issued by the SIM Card and the corresponding PUK identification number which permits to activate the Mobile Access;


“Network”: the cellular telecommunications system operated by Orange that allows OM Services available in Botswana;


“Orange”: a company incorporated under the Laws of Botswana having its registered office at Plot 166 Main Mall Gaborone Botswana or its assignees or successors.


“Participant”: Orange or any Distributor or Customer;


“Identification”: the valid national identification card for Botswana citizens or a passport for non-citizens;


“SMS”: all text messages sent from one mobile phone to another;


“SIM card”: the chip that stores the Customer’s data which, when used in combination with the appropriate Mobile Number, allows the Customer to utilize the OM Service;


“Distributor”: a merchant who has signed a Distribution contract with Orange authorizing it to perform Loadings, Unloadings, registration of Customers or any other duties that Orange may assign to such a merchant;


“Transfer Order”: a set of instructions to transfer Orange Money Units from one Participant to another within Botswana sent via SMS after entering the OM Service Code;


“Transaction”: any use of the OM Service by the Customer, at the applicable Charging Rates, resulting in a Credit or Debit of Orange Money Units subject to the conditions in terms of amounts, periodicity and purpose; and


“Unloading”: transaction carried out at the request of Customer’s consisting of the sale of its Orange Money Units to Orange or to a Distributor against payment to the Customer of the Orange Money Unit’s face value, after settlement of any applicable Charges.


3. OPENING AN ORANGE MONEY ACCOUNT


3.1 All Orange Subscribers can request the opening of an Orange Money Account for use of the OM Service, provided that no Orange Subscriber will be allowed to hold more than one Orange Money Account.


3.2 Only persons with a valid omang for citizens and valid passport for non-citizens may open an Orange money account. Minors or persons that do not have contractual capacity in accordance with the laws of Botswana must be assisted by a legal guardian. (Orange may at its sole discretion allow a legal guardian or parent to open an additional Orange Money Account on behalf of minor children or dependants respectively. This shall be subject to such parent or legal guardian providing a birth certificate or proof of guardianship.)


3.3 Application for opening an Orange Money Account can be done at any Orange Shop or Participating Distributor in Botswana.


3.4 At the time of opening an Orange Money Account, the Customer must supply the following prior to signing the Application Form:


3.4.1 Proof of identification or an excerpt of the Companies’ Registration documentation, which shall include certificate of incorporation, shareholders and directors information


3.4.2 Mobile Number


3.4.3 proof of residence; and


3.4.4 Any other information that Orange may require


3.5 Orange reserves its right to refuse any Orange Money Account opening request, particularly if it is Orange’s opinion that proof of identification is unsatisfactory, unclear or information provided is not precise or sufficient.


3.6 The Customer will compose the Initialization Code to activate the Orange Money Account. The Customer will then choose an initial Secret Code, which may be changed afterwards. Entering the Initialization Code constitutes confirmation by the Customer of its acceptance of these terms and conditions and agrees to be bound by them.


4. THE ORANGE MONEY ACCOUNT


4.1 The Orange Money Account is solely and exclusively designed to transfer and store Orange Money Units.


4.2 The Orange Money Account is an individual account and only Customers who are residents of Botswana with Mobile Access may hold an Orange Money Account.


4.3 The opening, operation, and maintenance of the Orange Money Account shall comply with and be subject to monetary and fiscal legislation, foreign fiscal policy, embargos, anti-fraud, anti money-laundering, anti-fraud, anti-terrorism regulations applicable in Botswana and in all other countries concerned by the execution of Transfer Orders given to Orange by the Customer, along with all applicable compliance and regulatory rules.


4.4 The Customer cannot make Debits from its Orange Money Account unless it has enough Orange Money Units standing or available in the Account to effect the Transaction and settle the relevant Charges. In no event will the Orange Money Account present a negative Balance.

4.5 The Customer hereby authorizes Orange to withdraw Orange Money Units from the Orange Money Account for the settlement of overdue Charges. In the event of insufficient Orange Money Units remaining in the Orange Money Account, the Customer will remain liable for payment of the outstanding balance, which Orange reserves the right to recover by whatever means it deems appropriate.

4.6 In the event of death of the Customer, and once Orange is notified of such circumstance, outstanding Orange Money Units will be frozen in the Orange Money Account until the administration of the Customers estate in accordance with applicable law.

4.7 The Customer will receive Orange Money Account transaction notifications via its mobile phone. The Customer may also contact the Customer Service Center to follow up on all Transactions it has effected via its mobile phone. No printed Orange Money Account statement will be provided by Orange.


5. THE ORANGE MONEY UNITS

5.1 Orange is duly authorized to provide the OM Service.

5.2 Each Orange Money Unit has a face value of P 1.00 (One Pula)

5.3 The Orange Money Units represent electronic money as provided under the OM Service and Orange may at any time request Proof of Identification from any Customer holding Orange Money Units, especially in connection with the investigations related to matters referred to in paragraph 4.3 above or as required by any relevant governmental authority so enabled by the laws of Botswana.

5.4 The Orange Money Units are debt instruments whose title is solely evidenced by entries in the Orange Money Account. The Orange Money Account statement or SMS from Orange indicating the Balance will be sufficient evidence of ownership of the e-Units. Orange will have the right to consider the Customer holding the Orange Money Account on which Orange Money Units are stored as the legitimate owner of such registered Orange Money Units, save in the event of death, liquidation, or dissolution.

5.5 The Orange Money Units are freely negotiable within the OM Service System by means of sending a Transfer Order to Orange.

5.6 Negotiation of Orange Money Units is limited to holders of Orange Money Accounts. Transfer of Orange Money Units outside the OM Service System shall be null and void.

5.7 Subject to the existing regulatory constraints Orange Money Units are issued for an undefined period. Orange may at any time reimburse any and all outstanding Orange Money Units, and the Customer may at any time obtain reimbursement of its Orange Money Units by submitting a formal request of reimbursement to Orange or any of its authorized Distributors.

5.8 Reimbursement of Orange Money Units is at par, with no additional Charges other than those strictly necessary for effecting the reimbursement.

5.9 Orange is responsible for custody, clearing, and financial services of Orange Money Units in accordance with the technical specifications of the OM Service System. Such specifications are subject to technical evolution and the applicable law.

6 USE OF ORANGE MONEY SERVICE

6.1 Use of the OM Service by the Customer is linked to the Customer’s Orange Money Account and can only be accessed through such account.

6.2 The use of the OM Service is governed by these terms and conditions.

6.3 Orange will use any necessary means to provide the Customer with access to the OM Service in the same terms and under the same conditions and subject to Orange’s network availability. Orange will use reasonable efforts to ensure that the service is available to the Customer at all times. The Services are only available within the range of base stations that form the Orange network. The quality and availability of the Services may be affected by factors outside our control such as local physical obstructions, atmospheric conditions and other causes of radio interference or faults in other telecommunication networks to which the Orange network is connected.

6.4 Orange will adopt any and all necessary measures so as to ensure optimal and continuous functioning and quality of the OM Service.

6.5 The Customer must immediately notify Orange of any damage to, or loss or theft of their SIM card. The Customer will be liable for any and all Transactions and Charges incurred up until receipt by Orange of the notice of occurrence of any of the abovementioned events. Such notice may also be done by calling the Customer Service Center. The Customer will indemnify and hold Orange harmless of any claims with respect to Transactions effected prior to receipt of such notice.

6.6 The Customer agrees to and allows the disclosure and/or reception of personal data and information by Orange :

  • to any regulatory body or authority in charge of the prevention of and the investigation of fraud or criminal activity;
  • for commercial purposes, to and from Orange’s suppliers, representatives, affiliates or commercial or services partners;
  • for purposes of improving Orange’s ability to conduct its activity in accordance with applicable legislation and regulations;
  • to and from legal advisors or auditors representing Orange and/or the Issuer, or if requested by court order in accordance with any audits or any legal proceedings.

6.7 The Customer will comply with all instructions received from Orange with respect to the OM Service.


6.8 Use of the mobile phone for services other than the OM Service (e.g. calls sent through the Network) will be charged by Orange pursuant to the applicable rates.


6.9 Calls, messages, emails, entries and SMS sent, made or received by the Customer may be monitored and/or recorded in accordance with the applicable law(s) in an effort to maintain the best business practices, namely with respect to quality control, training, overall performance of the OM Service System, prevention of unauthorized use of the Network as well as prevention of offences and crimes.


7. TRANSACTIONS

7.1 Any Debit on the Customer’s Orange Money Account will be carried out by Transfer Order. The Customer authorizes Orange to instantaneously carry out Transfer Orders received without waiting for any additional confirmation from the Customer. Notwithstanding the foregoing, Orange reserves the right to request a written confirmation at any time of any and all Transfer Orders.

7.2 Following the opening and activations of an Orange Money Account, the Customer may carry out any of the following operations subject to applicable Charging Rates:
Credit of Orange Money Units into the Orange Money Account by way of Loading or upon receipt of a transfer of Orange Money Units coming from another Customer. Credits will be effected by the OM Service System crediting the beneficiary’s Orange Money Account pursuant to the Customer’s instructions.
Debit of Orange Money Units from the Orange Money Account via Transfer Orders sent by Customer for:

  • Effecting Unloadings;
  • Transferring Orange Money Units to other Customers;
  • Subscribing to services provided via the Mobile Access, in particular prepaid mobile phone credits
  • The payment of utility and other bills; or
  • Any other available service that the Customer may choose to make payment for.

.
7.3 Orange has the right to consider all Transactions as duly authorized by the holder of the Orange Money Account upon simple receipt of a Transfer Order. Transfer Orders are irrevocable and under no circumstances will Orange accept cancellation requests of Transfer Orders from Customers
7.4 Any Transaction not accepted within twenty four hours [24] for Orange Customers and Seven (7) days for non-Orange Customers respectively following the Transfer Order will automatically be cancelled.


7.5 Orange will have the right to consider the entry of the Secret Code authorizing a Transfer Order as sufficient and irreversible evidence of the relevant Customer’s instructions save if Orange has been notified by such Customer of the theft or loss of its mobile phone or that its Secret Code is not secured.


7.6 Orange is not responsible for the matching of Credit/Debit Transfer Orders with cash payments. It is the Customer’s responsibility with respect to Loadings, to ensure the Distributor’s ability to perform transfer of Orange Money Units to the Customer’s Orange Money Account, and, with respect to Unloadings, that the Distributor is able to provide the cash payment corresponding to the Unloading. In the event that a dispute between a Customer and a Distributor remains unsettled, the Customer may refer such dispute to Orange who will attempt to resolve it by proposing appropriate and reasonable solutions.


7.7 A confirmation will be issued by the OM Service System for each Transaction. This confirmation will be sent to the Customer via SMS along with the updated Balance on its Orange Money Account after settlement of any applicable Charges.


7.8 The OM Service System records of Transactions will be considered exact and accurate save if the Customer provides evidence of the contrary.


7.9 The amount in the value of Transactions by the Customer shall be limited to certain thresholds as notified/published by Orange from time to time. These thresholds shall be subject to change either by Orange or by operation of the law.


8 SUSPENSION AND TERMINATION OF ORANGE MONEY SERVICE / CLOSING OF ORANGE MONEY ACCOUNTS


8.1 Orange may suspend, restrict, or close any and all of the OM Service and/or close an Orange Money Account without providing advance notice (to the extent possible, Orange will attempt to promptly inform the relevant Customer) and without incurring any liability thereof, in any of the following circumstances:


a. If Orange is aware or has reason to suspect that the Orange Money Account, the mobile equipment, the Mobile Number, or the Secret Code are being used without authorisation, illegally, inappropriately, suspiciously, fraudulently, or for criminal activity;
b. If the Customer does not adhere to any of its obligations under these terms and conditions;
c. If the Customer does not notify Orange of the loss or theft of its mobile equipment, the loss or disclosure of its Secret Code to a third party, or the use of the Orange Money Account by a third party;
d. If a court or an administrative authority have imposed restrictive rights on the Customer (or if the Customer has been declared bankrupt);
e. If the Customer has used (or authorised the use of) its mobile equipment in a way that could to Orange’s opinion, affect or damage the Network or the OM Service; and/or
f. For any reasons beyond Orange’s control or if Orange is no longer able to provide the OM Service.
g. After certain security checks and vetting procedures whether necessitated by law or otherwise during the term of these terms and conditions Orange determines that the Customer is not eligible to use the Service; the Services shall be immediately disconnected and Orange shall use its reasonable efforts to notify the Customer of such disconnection. For the avoidance of doubt, Orange shall not be obliged to give reasons to the Customer for termination under this Article.


8.2 Orange will also close the Orange Money Account upon occurrence of any of the following:
a. receipt of a written cancellation notice from the Customer sent to the Customer Service Center; and/or
b. Subject to Article 5.7 above, if the Orange Money Account is inactive for a period stipulated by Orange.


8.3 Upon closing the Orange Money Account, outstanding Orange Money Units (after settlement of any applicable Charges) will be Unloaded to the benefit of the Customer and the corresponding cash proceeds will be transferred to a bank account in accordance with applicable regulations regarding unclaimed amounts. The Customer must present itself at the Customer Service Center and provide Proof of Identification in order to receive such cash proceeds.


8.4 In no event will Orange be held responsible for any interest, direct or indirect damages resulting from any act or omission by Orange or by any third party under Orange’s responsibility, in relation to the closing or suspension of the Orange Money Account if such closing or suspension has been done in accordance with clause 8.


9 CHARGING RATES


9.1 The Charging Rates published by Orange includes all Charges due for the opening and holding of the Orange Money Account, and for use OM Service by the Customer. The price list is available upon request.


9.2 Charges due for each Transaction will be automatically settled by Orange by debiting the corresponding number of Orange Money Units from the Orange Money Account, without having to provide prior notice.


9.3 Charges are inclusive of any and all applicable taxes.

10 SECURITY MEASURES

10.1 A sole and unique Secret Code applies to each Orange Money Account.

10.2Only the Customer holding an Orange Money Account can perform Transactions on such Orange Money Account, and [use the relevant mobile phone] and corresponding Secret Code.

10.3The Customer is responsible for the custody and appropriate use of its mobile phone, as well as the protection of the Initialization Code and the Secret Code. The Customer is equally responsible for all Transactions effected on its Orange Money Account.


104 Upon loss of Secret Code, the provisions of clause 7 will apply


10.5 Under no circumstances should the Customer disclose its Secret Code, including to the Customer Service Center personnel.


11 CUSTOMER RESPONSIBILITIES


11.1 The Customer is responsible for paying all Charges due for any given Transaction in accordance with the Charging Rates.


11.2 The Customer is solely responsible for its use of the Mobile Access, the Orange Money Account, and the OM Service. To that effect, the Customer must comply with the technical specifications and contractual conditions.


11.3 The Customer must comply with all terms and conditions of these terms and conditions and with all applicable regulations when using the OM Service and will in no event use the OM Service for criminal or unlawful or fraudulent purposes.


12 CHANGES TO ORANGE MONEY TERMS AND CONDTITIONS


Orange reserves the right to vary these terms and conditions and the Charging Rates from time to time with or without notice to the Customer. By continuing to use the OM Service, the Customer will be deemed to have agreed to the changes to these terms and conditions or Charging Rates. Any notification of refusal by the Customer will be considered as a request to close the Orange Money Account in accordance with the conditions stated in Article 8.3


13 RESPONSIBILITY& EXCEPTIONS


13.1 In the event Orange is compelled for any reason whatsoever to change or reassign a Customer’s Mobile Number, Orange will solely be liable for the custody of outstanding Orange Money Units in the Orange Money Account and transferring such Orange Money Units to the Customer’s new Orange Money Account. If such transfer is not possible, outstanding Orange Money Units will be Unloaded to the Customer’s benefit.


13.2 Distributors are independent agents authorized by Orange to provide the OM Service and in no event will Orange be held liable for their dealings or negligence in the provision of the OM Service.


13.3 Orange will not be liable for any losses incurred by the Customer due to technical breakdown or disruption of the Network, the handsets, internet, or terminals, resulting from circumstances beyond Orange’s control.


13.4 Orange will not be liable for any damage incurred by the Customer save if such damages have been directly originated by the gross negligence of Orange.


13.5 In no event will Orange be liable for any indirect damages incurred by the Customer in connection with the use of the OM Service. For the purpose of these terms and conditions, any damages which do not directly and exclusively result from Orange’s failure to comply with its obligations will be considered as indirect damages. Loss of profit and loss of contract will also be considered indirect damages.


14 MISCELLANEOUS


14.1 These terms and conditions will constitute a binding agreement with respect to the Customer, its successors and assignees.


14.2 The rights and obligations resulting from these terms and conditions cannot be assigned by the Customer to third parties.


14.3 Orange will be entitled to subcontract the performance of its obligations to one or many subcontractors of its choice, but will remain liable for the performance of any such obligations


14.4 Failure to exercise any of the rights contained herein will not be construed as waiver of any such rights.


14.5 The rights and obligations under these terms and conditions are cumulative and non exclusive of any rights and remedies under applicable law.


14.6 If any of the terms are deemed null and void by an arbitrator, administrative authority or competent court, the other provisions will remain in full force and effect.


15 NOTICES


Notices from Orange to the Customer with respect to the Orange Money Account or OM Service will be sent via SMS or by any other electronic means which may be accessed by mobile phone to the Mobile Number provided by the Customer in the Application form.
The Customer should send any notices to the following address: Orange Botswana (Pty) Ltd Plot 166 Corner of Queens and Pilane Road, Main Mall, Gaborone, Botswana or as may be directed by Orange from time to time.
The Customer should promptly notify Orange of any changes of personal details or address.


16 DURATION


The eMoney Contract remains in effect for an indefinite period of time, and may be terminated and any time by the Customer or Orange by providing ten (10) days prior written notice to the other party in accordance with article 15.


17 GENERAL


17.1 The Customer is responsible for reimbursing any and all costs incurred by Orange in recovering outstanding amounts due by the Customer by virtue of the eMoney Contract.
17.2 A signed certificate from any Orange representative(s) will constitute sufficient evidence of amounts due by the Customer save if the Customer provides evidence to the contrary.
17.3 The Customer recognizes that registered personal data may be used by Orange. Notwithstanding the foregoing, the Customer may by giving Orange prior notice, change their personal data should the need arise.
17.4 The Customer acknowledges that any information, including personal data, conversations with Customer Service Center and Transactions, may be recorded and kept for a period of five (5) years from the date of closing the Orange Money Account.
17.5 All copyrights, trademarks, and all other intellectual property with respect to the OM Service or included and referred to in related documents are the property of Orange or their licensor, as applicable. The Customer acknowledges that it has no rights to claim any of the aforementioned rights.
18 APPLICABLE LAW AND DISPUTE RESOLUTION
18.1 These terms and conditions will be governed by the laws of the Republic of Botswana.
18.2 The parties must attempt to resolve amicably any and all discrepancies with respect to the interpretation and execution of the these terms and conditions If within a one month period from the date on which a discrepancy has been notified by either Party, the issue remains unsolved, either Party may submit the issue to any court of competent jurisdiction within Botswana.

 

Orange Money Summer offers 2016 Ts & Cs

 

Applicability of Terms and Conditions

 

These Terms and Conditions described herein are binding on both the Subscriber and Orange Botswana (Pty) Ltd (“Orange”) and shall apply in conjunction with:

  • Orange Prepaid Terms and Conditions with respect to prepaid subscribers;
  • Orange Postpaid Terms and Conditions with respect to postpaid subscribers;
  • Orange Money Terms and Conditions with respect to registered subscribers; and
  • Orange Money Visa Terms and Conditions with respect to registered subscribers.

 

Eligibility

Participation is open to all registered Orange Money post-paid and prepaid subscribers.

Participation of foreign nationals is only open to valid passport holders who reside in Botswana legally.

Orange and its Partners’ staff and their immediate family are not eligible for entry (Mother, Father, Brother, Sister, Spouse, Children, Nephews and Nieces).

 

How to enter the competition

  • Use your Orange Money account to send money to any five (5) Orange Money users you know in a week and qualify to enter the draw to stand a chance to win P500.00
    • All transfers are subject to standard Person to Person (P2P) transfer fee of P5.00 per transfer 
  • The draw is applicable ONLY for successful transactions
  • The promotion is applicable ONLY for Person to Person (P2P) transactions: i.e money transfer to another Orange Money account
  • The promotion is NOT applicable to ‘Non –Orange Money subscriber’ transactions

 

Prizes

  • Five (5) weekly winners
  • Each selected winner will receive a P500 cash prize
    • Prize money will be credited into the winners Orange Money account
  • Prizes will be awarded only to the registered owner of the mobile phone number. Orange Botswana

 

Prizes Draw

  • The weekly draw will take place every Thursday for previous week’s transactions.
  • Winners will announced on Friday on radio by means of a phone call
  • Each winner is entitled to two (2) phone calls to announce their winning, failure to answer the phone in the 2 attempts, they forfeit the win and we call the next winner on the list until we have a total of 5 winners.
  • Participants can only benefit ONCE in this promotion. You cannot win more than once.

 

Collection of Prizes

  • The P500 cash prize will be credited into the winner’s Orange Money account.
  • The cash prize will be credited within 7 working days from the time the winner is contacted.
  • he winner should have registered his/her Orange Money account prior to winning.
  • Prizes are not transferrable until credited into the winners’ account
  • Results of the draws are final and no correspondence will be entertained.

 

General

  • By participating in the competition you consent to receiving broadcast messages from Orange about our products and services as well as news, competitions and offers we think you may be interested in. Should you wish to opt out of such broadcast messages, Subscribers may do so at any time by visiting any of our shops and/or calling the call center.
  • Orange Botswana and its partners reserve the right to use pictures of all photographed winners and their names for publications in any advertising, promotional, print, point of sale or public relations material.
  • Orange reserves the right to amend, suspend or withdraw this competition at any time and at its own discretion.

This Privacy Policy explains how Orange Botswana (PTY) LTD (“Orange”) uses, shares and protects your personal information and is applicable to this Site. By accessing, browsing and/or using the Site you agree to the terms of this Privacy Policy.

 

1. Your information

By subscribing to all or part of publications of Orange, you consent to receive such publication(s) that may include information in relation to products and services which Orange considers may be of interest to you. Orange will not share your email address with third parties.

 

2. Supply and accuracy of information

When you provide to Orange any information, you undertake to notify Orange of any changes to the information which you provide from time to time. You have a right to ask for a copy of your information (for which Orange will charge a small fee) and to correct any inaccuracies in it.

 

3. Disclosure of your information to third parties

Orange may disclose your personal data acting in good faith if it believes that such action is necessary to: (i) conform with a legal requirement; or (ii) comply with a legal process; or (iii) defend the rights or property of Orange.

 

4. Minors

No information should be submitted to the Site by persons under the age of 18 years.

 

5. Change

Orange reserves the right to vary the terms of this Privacy Policy from time to time, such variations becoming effective immediately upon posting of the varied Privacy Policy on the Site. You will be deemed to accept the updated Privacy Policy available on the Site, each time you access to or use the Site.

This Privacy Policy shall be governed and construed in accordance with the laws of Botswana and you and Orange agree to submit to the jurisdiction of the courts of Botswana, over any claim or matter arising under or in connection with this Privacy Policy.

Definitions


The following words and expressions shall have the following meanings:


Accessories” means any products approved by Orange which the Customer uses in conjunction with the phone. They include (without limitation) batteries, chargers, car kits, headsets and carry cases;


“Account” means Orange records of the Subscriber payments and outstanding Charges, the application forms and the personal details of the Subscriber;


“Activation” means the instant at which the Subscriber is able to make use of the Network Services.


“Agreement” means the terms and conditions described herein which are binding on both the Subscriber and Orange;


“Charges” means the Usage Charges and any other Charges pertaining to the provision of the Network Services, SIM Cards and any other services howsoever described, by Orange to the Subscriber, as updated from time to time;


“Connection” means the process of giving the Subscriber access to a Service;


“Disconnection” and “Re-connection” have a corresponding meaning;


“Connection Charge” means the charge levied by Orange on the Subscriber in consideration for the activation of the Subscriber’s SIM card;


“Covered Zone” means the geographical perimeter within Botswana where Orange is able to provide the Services or any other Orange Additional Services;


“Network” means the cellular telecommunications system operated by Orange that makes Services available in Botswana;


“Orange Additional Services” means secondary Services including but not limited to Roaming, browsing the internet, downloading from the internet, international calling, or any other services which cost extra;


“Orange” means Orange Botswana (Pty) Limited or any organisation that may succeed as the assignee of this Agreement;


“Peer to Peer” means the illegal downloading of services from the internet using applications such as Emule, Kazaa, MiniNova Client or any other similar applications;


“Prepaid Price Guide” means a publication which lists Orange’s current Charges and which is updated from time to time, which publication is available on request;


“Registration” means record and acceptance of the subscriber’s application for Services by the Subscriber providing personal details, including but not limited to, full name, address,occupation/profession, identity number and mobile number and in accordance with the Botswana Telecommunications Authority’s guidelines issued from time to time. “Register” shall have a corresponding meaning.


“Roaming” means an optional service which allows the Subscriber to use their phone on other operators’ networks, usually in foreign countries;


“Services” means network and other Services, including Orange additional services, provided or procured by Orange for the Subscriber’s to use;


“SIM” means a card or other device which contains the Subscriber’s personal mobile number and which is programmed to allow the Subscriber, using his Terminal Equipment, to access the Network;


“Subscriber” means a member of the public who has been connected to the Orange Network.

“Customer” shall have a corresponding meaning;


“Suspension” means the temporary disconnection of Services, “Suspend” shall have a corresponding meaning;


“Terminal Equipment” means a terminal and accessories used by the Subscriber to send/or receive messages or connect to the network, voice, data or otherwise, conveyed over the Network;


“User” means the Subscriber, or another person named by the Subscriber, who is authorised to incur charges to the Subscriber’s account;


2. Commencement and Duration


This agreement shall commence on the date of Activation, and shall continue in force until terminated by either Orange or the Subscriber in accordance with its terms.


3. Provisions of Services


3.1 Orange will use reasonable efforts to make the Services available to the Subscriber at all times. The Services are available only within the range of base stations which form the Network. Quality and availability of the Services may be affected by factors outside our control such as local physical obstructions, atmospheric conditions and other causes of radio interference or faults in other telecommunication networks to which the Network is connected.


3.2 Some Additional Services may only be available in certain geographical areas (the Covered Zone), in cases where the Subscriber is outside the Covered Zone they may experience no Services at all or poorer quality Service than they would normally receive in a Covered Zone. Where Network usage is high, the Covered Zone may be reduced in size which may have the same effect as stipulated above. The Subscriber shall have no claim against Orange in respect of the circumstances stipulated in this Clause.


3.3 Orange cannot guarantee good quality services when the Subscriber is roaming and shall not be liable for any claims related to the quality of services, usage of services, charges incurred or any other issues related to the provision of the services while the Subscriber is roaming.


3.4 It is the Subscribers obligation to always enquire as to whether the Service they require fall within the Covered Zone as some Services can only function within certain geographical areas.
The Subscriber shall have no claim including refunds, against Orange for non-functional Services due to geographical location. This shall include circumstances where the Subscriber has already Registered for the Service.


3.5 The Network and the Services may from time to time require upgrading, modification, maintenance and other works (including but not limited to works required for security reasons), or may be affected by unforeseen events which may result in partial or non-availability of the Services. Orange will use all reasonable efforts to provide back-up Services and keep all such periods of non availability to a minimum but some interruptions may be inevitable.


3. 6 Orange may from time to time record conversations between the Subscriber and Customer Services for training purposes only. For the purposes of good management and security, Orange may need to record and monitor the contents of any voice conversation, text message, electronic mail or any other data communication the Subscriber sends from time to time.


3. 7 Orange may suspend the services in whole or in part at any time without notice if the Subscriber does not comply with any of these terms and conditions or if any money owed by the Subscriber to Orange whether in relation to Services or not remains unpaid.


4. Charges and Payments


4.1 In consideration for the provision of the Network Services, SIM Cards and any other Services supplied by Orange to the Subscriber, the Subscriber shall pay Orange the applicable Charges, as detailed in the Prepaid Price Guide, whether or not the Network Services have been, or are being used by them.


4.2 The minimum billing period for international calls is thirty (30) seconds and calls longer than thirty (30) seconds are billed per second thereafter. Charges are in thebe.


4.3 Data charges shall start when the Subscriber first connects to the to the data services. Orange shall not be liable for any claims related to charges incurred related to the provision of data services, even where Services are interrupted.


4.4 Orange may vary or increase any of these rates and charges, either in whole or in part without recourse to the Subscriber. Orange may give the Subscriber notice, but is under no obligation to do so.


5. Orange’s Right To Terminate Services


5.1 Orange may disconnect the Subscriber’s Services and refuse to re-connect it any time in whole or in part immediately by notice to the Subscriber if:


5.1.1 the Subscriber fails to comply with any of these terms and conditions; or


5.1.2 for whatever reason Orange is unable to provide the Services.


6. Air-Time Expiry


Where a scratch card or airtime entered into the Subscriber’s phone has an expiry date, any unused air time is forfeited and is not refundable.


7. Promotions


All Orange promotions are carried out at our own discretion and we reserve the right to suspend, withdraw or terminate any promotions without notice.


8. Suspension of Services


8.1 Orange may suspend some or all of the services the Subscriber uses without giving the Subscriber notice if;


8.1.1 the Subscriber fails to perform any of his obligations in terms of this Agreement or breaches any of the terms of this Agreement (in which event Orange may suspend the use of the Subscriber’s Terminal Equipment);


8.1.2 a complaint has been made against the Subscriber. Such complaints shall be thoroughly
investigated, and the Services shall remain suspended until Orange knows the results of that investigation. Any complaint the Subscriber makes shall similarly be thoroughly investigated.


8.1.3 any modification, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever, to the Network Services or the Network;


9. Disconnection of Service


In the event that the Subscriber breaches a material term of this Agreement, Orange reserves the right to disconnect or deactivate the Subscriber from Network Services without notice


10. Termination of Contract


10.1 Orange may terminate the Subscriber’s Contract immediately at any time, in whole or in part, by giving the subscriber notice if:


10.1.1 Orange has a good reason to believe that the Subscriber has breached or is in breach of these terms and conditions;


10.1.2 Orange has a good reason for believing that any information the Subscriber has given through Registration, is false or misleading or if the Subscriber refuses to furnish Orange with information required by Orange for administrative purposes or any other purposes as may be required by law or regulation.


10.1.3 the Subscriber is proved to have committed a crime against Orange or its Employees


11. Subscriber Obligations


11.1 The Subscriber agrees:


11.1.1 not to use the Services for improper, immoral, fraudulent or unlawful purposes or for sending of any communication which is of an offensive, abusive, indecent, obscene or menacing nature;


11.1.2 not to cause, or knowingly allow others to cause, any nuisance annoyance or inconvenience whether to Orange or to any of Orange’s Subscribers which shall include the use of the Network for the persistent sending of unsolicited communications without reasonable cause;


11.1.3 not to act in a way, whether knowingly or otherwise, in such a manner that could cause the Network to be impaired, damaged or jeopardized;


11.1.4 to use a Phone, Accessories and/or Terminal equipment approved for use with the Network and comply with all relevant legislation or regulations relating to its use;


11.1.5 to comply with any reasonable instructions issued by Orange which concern the Subscriber’s use of the services and co-operate with Orange in its reasonable security and other checks (Which may include Orange making phone calls to the Subscriber).


11.1.6 to ensure that the Subscriber’s mobile number is registered with Orange immediately after Activation of his/her SIM. Orange reserves the right to disconnect any Subscriber without notice where his/her SIM is not registered.


11.1.7 that where there are one or more users other than the Subscriber under this contract, the
Subscriber shall remain responsible for ensuring that the Services are used in accordance with this Agreement.


11.1.8 they shall not knowingly distribute malicious codes, such as viruses, worms, trojans, etc which has infected their device by any means; Orange shall not be liable for the Subscribers reception of viruses, spam or any other harmful programmes received through the Network;


11.1.9 the Subscriber shall not use any of the Additional Services for Peer to Peer communication in every form and voice over IP, failure by the Subscriber to adhere to the conditions of this Clause shall result in Orange terminating or suspending the Services;


11.1.10 at all times to ensure that children do not access the Services to view adult material or any other material that may be harmful or is unsuitable for children to view. This Clause shall apply to those Services which allow access to the internet or any other platform that may carry explicit content.


11.2 Information Supplied by the Subscriber


11.2.1 By Registering, the Subscriber represents to Orange that the name, address and other factual information which the Subscriber provides is all correct;


11.2.2 The Subscriber acknowledges that if Orange suspects on reasonable grounds that the information supplied to it is without the knowledge of the person named or that an application is unauthorized or contains false particulars, for the protection of Orange’s Subscriber’s and the network, Orange may disconnect services to the Subscriber’s phone while investigations are ongoing. If Orange’s suspicions prove groundless, Orange will reconnect Services immediately.


11.2.3 The Subscriber shall have no claims against Orange in respect of any disconnection caused as a result of the operation of this clause.


12. SIM Card


12.1 Any SIM card that Orange supplies to the Subscriber shall remain the property of, Orange however, the Subscriber shall be responsible for its safe keeping.


12.2 All risk in and to the SIM Cards supplied and delivered by Orange to the Subscriber shall pass to the Subscriber on delivery. Orange shall replace any SIM card found to be defective by reason of faulty workmanship or design free of charge within 30 days of delivery to the Subscriber, (thereafter it shall be at the cost of the Subscriber) but may charge for replacing or renewing a SIM card in any other circumstances.


12.3 Orange reserves the right to recall any SIM card from the Subscriber at any time to enhance or maintain the quality of the Services; the subscriber must inform Orange immediately in the event that a SIM card is damaged.


12.4 The software in the SIM card is either owned by or licensed to Orange which grants the Subscriber a non- exclusive license to use it for accessing the services only.


12.5 If a SIM Card is stolen or lost, the Subscriber shall immediately notify Orange in writing, and until notification, the Subscriber shall be liable for all costs and charges pertaining to the SIM Card, and shall require the subscriber to pay a reasonable charge in respect of the cost of replacement. Loss, theft or damage and/ or the issue of a replacement SIM Card for any reason, shall not affect this Agreement which shall continue to be of full force and effect.


13. Phones


13.1 If the Subscriber’s phone and Accessories (Terminal Equipment) are acquired by him outside of the operation of these terms and conditions, (unless they are acquired under part two of this agreement) such Terminal Equipment shall remain the property of the Subscriber.


13.2 Any insurance or warranty relating to the Subscriber’s Phone must be purchased by the Subscriber separately of these terms and conditions.


13.3 The Subscriber must inform Orange immediately in the event that the SIM card or the Subscriber’s phone is lost or stolen or damaged so that orange may suspend the account and /or blacklist the phone.


14. Changes and amendments


Orange reserves the right to vary these terms and conditions and the charges from time to time with or without notice to the Subscriber.


14. Cession and Assignment


14.1 The Subscriber’s rights and obligations in terms of this Agreement may not be ceded or delegated by the Subscriber to any third party.


14.2 Orange will not knowingly Re-connect a mobile number or any Terminal Equipment owned by the Subscriber to the Orange Network at the request of someone other than the Subscriber unless it is at least three (3) months since the Subscriber last connected to the Network and the person requesting Re-connection is able to correctly identify the Subscriber’s account confidential information. Orange shall not be liable for any claims related to the reconnection of such services and it is the sole responsibility of the Subscriber to ensure he/she is regularly connected to the network Services to avoid his/her number being reconnected to someone other than the Subscriber.


14.3 Orange may assign its rights and obligations under these terms and conditions


15. Liability


15.1 Orange shall not be liable to the Customer:

15.2.1 for any loss or damage whether indirect or consequential arising out of any loss of data caused by viruses, malicious code such as worms, trojans etc. or for any other loss or damage which is indirect and not reasonably foreseeable by us; or

15.2.2 for any business connected to the Customer whether in contract, tort (including negligence) or otherwise for any loss or damage whether indirect or consequential which is related to the Customer’s business, including, without limitation, loss of profits, savings, loss of revenue or business interruption.

15.2.3 for any of his/her mobile number being recycled within three (3) months of non-use. It is the Customer’s responsibility to ensure that his/her mobile number remains active as he/she shall not be entitled to any previous mobile number if recycled. Orange reserves the right to recycle any mobile number inactive for a period of three (3) months.


15.3 Subject to the provisions of this clause, the Subscriber’s liability is limited to payment of all
charges due in accordance with the provisions of this Agreement and the Prepaid Price Guide.


15.4 Notwithstanding anything else in these terms and conditions the subscriber shall be liable for any impacts arising from any malicious code, e.g. virus, worms, Trojans, etc, which has infected their device by any means;


15.5 The Subscriber shall be liable for any impacts arising from any configuration of their device settings (over the air or otherwise);


15.6 The subscriber shall be liable for any impacts arising from the hacking of their device through an external interface, e.g. Bluetooth, infrared, etc.


16. Orange Limitation of Liability


16.1 Orange shall not be liable to the Subscriber for any loss or damage suffered by the subscriber whether same is direct or consequential, if:-


16.1.1. Orange fails for any reason whatsoever to supply and or/ deliver and /or provide installation of any Terminal Equipment or SIM Cards or any other item including accessories ,either on the required date, or at all , and /or

16.1.2 The network Services are interrupted, suspended or terminated, for whatsoever reason and/ or

16.1.3 Such loss or damage was caused by any negligent act or omission on the part of Orange, its employees or its agents.

16.1.2 In any event, if the any of the provisions of section 15 or 16 are found to unenforceable, Orange’s liability shall be limited, with respect to all claims made by the Subscriber, to two hundred and fifty pula (P250).

17. Disclosure of Information

17.1 The Subscriber agrees to the disclosure to any third party including any telecommunications company, debt collection agency, credit reference agency, of any information relating to this Agreement with Orange.

17.2 The Subscriber authorises Orange to disclose the information required as a result of an order of any Court of a competent jurisdiction or by a statutory authority.

18. General Provisions

18.1 Roaming relies on the telecommunications systems of foreign networks, over which Orange have no control. Orange cannot therefore offer any guarantees about roaming services.

18.2 Unless the Subscriber informs Orange otherwise, Orange may upon registration may make
appropriate directory entries and shall allow the display of the Subscriber’s mobile phone number for the same.

18.3 By his signature to this Agreement the representative of the Customer hereby acknowledges himself to be truly and lawfully bound, in his personal capacity as surety for and co-principal debtor in solidium with the Customer for the due performance of the Customer’s obligations in terms hereof.

19. Notices


19.1 Any notice from Orange to the Subscriber will be deemed to have been served Forty-Eight (48) hours after posting or an earlier proof of delivery. All notices to be served in accordance
with these terms and conditions must be served by text message, electronic mail or by post or facsimile.

20. Waivers


20.1 Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it was given, it shall not in any way prejudice or prevent Orange from exercising any of its rights under this Agreement.


20.2 This Agreement and all matters or disputes arising there from or incidental thereto shall be governed and constructed in accordance with the laws of Botswana.


20.3 If Orange Botswana institutes legal proceedings against the subscriber to recover amounts due to Orange Botswana or takes any other legal steps arising out of this agreement, the subscriber shall be liable for legal and collection costs.

Orange Postpaid Mobile Terms and Conditions


(Explanatory Note: If the subscriber purchases Terminal Equipment at a subsidized price from Orange Botswana or its agent, both Part 1 and 2 below shall apply, otherwise only the provisions of Part 1 shall apply)


Part 1: Subscriber Agreement


1. Definitions


The following words and expressions shall have the following meanings:
“Accessories” means any products approved by Orange which the Customer uses in conjunction with the phone. They include (without limitation) batteries, chargers, car kits, headsets and carry cases;
“Account” means Orange records of the Subscriber payments and outstanding Charges, the application forms and the personal details of the Subscriber;
“Agreement” means the terms and conditions described herein which are binding on both the Subscriber and Orange;“Bar” means a block placed by Orange on some or all of the Services the Subscriber normally uses (except for calls to emergency services); “Charges” means the Connection Charges, Monthly Service Charges, Usage Charges and any other Charges pertaining to the provision of the Network Services, SIM Cards and any other services howsoever described, by Orange to the Subscriber, as detailed in the Price List and updated from time to time;
“Connection” means the process of giving the Subscriber access to a Service;
“Disconnection” and “Re-connection” have a corresponding meaning;
“Connection Charge” means the charge levied by Orange on the Subscriber in consideration for the activation of the Subscriber’s SIM card;
“Covered Zone” means the geographical perimeter within Botswana where Orange is able to provide the Services or any other Orange Additional Services
“Deposit” means refundable amount that Orange may ask the Subscriber to pay before we Connect or Re-connect them to the Network or before providing any Service;
“Minimum Term” means a period of 24 months, 12 months or 6 commencing on the date of Activation. The minimum term shall be dependent upon the Postpaid option that the subscriber chooses.
“Monthly Billing Date” means the day in each month on which the Subscriber’s billing Statement will be issued subsequent to Subscriber being Connected.
“Monthly Service Charge” means the monthly charge levied by Orange in consideration for the Subscriber’s access to and use of the Network Services as detailed in the Price List from time to time;
“Network” means the cellular telecommunications system operated by Orange that makes Services available in Botswana;
“Orange Additional Services” means services which are provided by Orange and may be optional to the subscriber including but not limited to roaming, international calling, content, data, itemized billing, family and friends, bundle of minutes or SMS to specific destinations or at certain hours or days or any other services which may cost extra whether they are supplied in conjunction with Price Plans or outside Price Plans;
“Orange” means Orange Botswana (Pty) Limited or any organisation that may succeed as the assignee of this Agreement;
“Peer to Peer” means the illegal downloading of services from the internet using applications such as Emule, Kazaa, MiniNova Client or any other similar applications.
“Price List” means the schedule of current prices as published and amended by Orange from time to time, which is available at the customer’s request. Where the Customer requires a tailor-made package a specific pricing structure will be provided.
“Price Plan” means a bundle of airtime, data and/or orange additional services and Supplementary Services offered by Orange for an agreed monthly payment;
“Registration” means Orange’s acceptance of the subscriber’s application for Services and Orange’s record of the Subscriber and user data prior to Connection, the term “Register” shall have a corresponding meaning;
“Roaming” means an optional service which allows the Subscriber to use their phone on other operators’ networks, usually in foreign countries;
“Services” means network and other Services, including Orange additional services, provided or procured by Orange for the Subscriber’s to use;
“SIM” means a card or other device which contains the Subscriber’s personal telephone number and which is programmed to allow the Subscriber, using his Terminal Equipment, to access the Network;
“Subscriber” means a member of the public who has been connected to the Orange Network. “Customer” shall have a corresponding meaning.;
“Suspension” means the temporary disconnection of Services, “Suspend” shall have a corresponding meaning,
“Terminal Equipment” means a terminal and accessories used by the Subscriber to send/or receive messages or connect to the network, voice, data or otherwise, conveyed over the Network;
“Usage Allowance” means the specific bundle of airtime or volume of data measured in Megabit or in Gigabit that a customer is entitled to use or download on a monthly basis. Usage allowance is variable depending on the package that was chosen by the Customer. When a Customer has reached their Usage Allowance they shall be charged for any excess according to the tariff of their package. Roaming charges are excluded from the Usage Allowance and shall be charged at the applicable roaming rate.
“User” means the Subscriber, or another person named by the Subscriber, who is authorised to incur charges to the Subscriber’s account.


2. Commencement and Duration


2.1 This agreement shall commence on the date of Activation, and shall, subject to the termination provisions of this Agreement, continue for the Minimum Term.


2.2 Upon the expiry of the Minimum Term, this Agreement shall continue automatically for an unlimited period unless terminated in accordance with its provisions.


3. Provisions of Services


3.1 Orange will use reasonable efforts to make the Services available to the Subscriber at all times. The Services are available only within the range of base stations which form the Network. Quality and availability of the Services may be affected by factors outside our control such as local physical obstructions, atmospheric conditions and other causes of radio interference or faults in other telecommunication networks to which the Network is connected.


3.2 Some Additional Services may only be available in certain geographical areas (the Covered Zone), in cases where the Subscriber is outside the Covered Zone they may experience no Services at all or poorer quality Service than they would normally receive in a Covered Zone. Where Network usage is high, the Covered Zone may be reduced in size which may have the same effect as stipulated above. The Subscriber shall have no claim against Orange in respect of the circumstances stipulated in this Clause.


3.3. Some of the Orange Additional Services may be ordered at the convenience and discretion of the Subscriber as and when allowed to do so. An instruction by formal written notification, by post or facsimile, by electronic mail, by text message, communication via the call centre, selection by USSD or any other means of communication that shall be considered valid and authenticate by Orange may be carried out to activate or deactivate such an Additional service. Orange shall not be held liable for any loss incurred by the Subscriber where the Subscriber has requested for the activation or deactivation of the Additional Service and the same is not effected. Additionally, any unused benefits that accompany such services shall not roll over to the next month;


3.4 Orange Additional Services shall be billed each month on top of the selected price plan once activated by the Subscriber until the same is deactivated. In the case of deactivation, deactivation shall take into effect after the next monthly billing date where the total amount charged for the Orange Additional Service shall be included. 3.5 Orange cannot guarantee good quality services when the Subscriber is roaming and shall not be liable for any claims related to the quality of services, usage of services, charges incurred or any other issues related to the provision of the services while the Subscriber is roaming.


3.6 It is the Subscribers obligation to always enquire as to whether the Service they require falls within the Covered Zone as some Services can only function within certain geographical areas. The Subscriber shall have no claim including refunds, against Orange for non-functional Services due to geographical location. This shall include circumstances where the Subscriber has already Registered for the Service.
3.7 The Network and the Services may from time to time require upgrading, modification, maintenance and other works (including but not limited to works required for security reasons), or may be affected by unforeseen events which may result in partial or non-availability of the Services. Orange will use all reasonable efforts to provide back-up Services and keep all such periods of non availability to a minimum but some interruptions may be inevitable.


3. 8 Orange may from time to time record conversations between the Subscriber and Customer Services for training purposes only. For the purposes of good management and security, Orange may need to monitor and record the contents of any voice conversation, text message, electronic mail or any other data communication the Subscriber sends from time to time.


3. 9 Orange may suspend the services in whole or in part at any time without notice if the Subscriber does not comply with any of these terms and conditions or if any money owed by the Subscriber to Orange whether in relation to Services or not remains unpaid.


4. Charges and Payments


4.1 In consideration for the provision of the Network Services, SIM Cards and any other Services supplied by Orange to the Subscriber, the Subscriber shall pay Orange the applicable Charges, as detailed in the Price List, whether or not the Network Services have been, or are being used by them.


4.1.2 Orange may require payment of a deposit on signature of this Agreement, which may be refunded to the Subscriber at the termination of this Agreement or netted off against any amounts owed by the Subscriber.


4.2 Orange may vary or increase any charges, either in whole or in part without recourse to the Subscriber. Orange may give the Subscriber notice, but is under no obligation to do so. The Subscriber may not terminate this agreement prior to expiration of the Minimum Term due to the increase of tariffs.
4.3 The Subscriber shall make payment to Orange:


4.3.1 for the supply and delivery of Terminal Equipment, SIM Cards, and installation in full, on presentation of an invoice and against delivery;


4.3.2 Roaming charges may be delayed and will not necessarily reflect on the Bill of the month which the Subscriber was roaming. The Subscriber shall however be liable to pay any such charges regardless of any delay.


4.3.3 Due to the reasons outlined at 4.3.2 above it is possible that the Subscribers Usage Allowance may be exceeded. The Subscriber shall however remain liable pay to any such charges regardless of whether a limit was applicable to their particular package or Price Plan for the Monthly Service Charges, monthly in advance, and of all other Charges, monthly in arrears, in full, within Thirty (30) days from the date of the relevant invoice.


4.4 Orange may at any time on a written reasonable notice to the Subscriber vary its invoicing and payment procedures and requirements.


4.5 Orange shall send the monthly accounts (“Bill”) to the Subscriber at the address in the Orange Mobile Postpaid Application Form. The Subscriber shall check the bill in order to
ensure that the contents thereof are correct. Unless a query is raised in respect of the contents of a bill within Thirty (30) days from the date thereof, it shall be deemed correct. Any queries after this period shall not be considered. If the subscriber does not receive their bill on a particular month, they shall contact Orange or go to the nearest Orange establishment to inform them, where upon the bill shall be made available to them. Not receiving the monthly bill does not exempt the Subscriber from paying any monthly charges.


4.5.1 Where the Subscriber exceeds the Usage Allowance of any Price Plan or PriceList, at any given period, they shall be charged in accordance with the applicable Price Plan. In the event that the Customer exceeds any applicable monthly Usage Allowance for any service, we shall charge applicable tariffs for that additional usage above the Usage Allowance. Orange will not be liable in any way for any malfunctioning of the credit limit service in any way.


4.5.2 If Orange is of the opinion that the Subscriber misuses or uses the Services for any other purpose for which they are not intended it may at its sole discretion terminate or suspend the Services.


4.5.2 Where the subscriber suspends any Orange Additional Service, the Subscriber shall remain liable for the charges of such services where such a suspension is not carried out for any reason and Orange shall not be liable for any malfunctioning of suspension in any way.


4.5.2 These terms and conditions shall be used in accordance with the Fair Usage Policy.
4.6 Any change from one Package Option to another shall for the duration of this Agreement be subject to Orange’s approval at its own discretion and Orange shall be entitled to levy fees for changes. The Subscriber shall not be entitled to downgrade from one Package Option to another during the Minimum Term.


4.7 Other Charges


4.7.1 The Connection charge will be included on the Subscriber first invoice. Charges in respect of Services not supplied directly by Orange e.g. roaming may be invoiced several months in arrears.


4.7.2 VAT will be added to all invoices at the relevant rate where applicable. Payment shall become due within Thirty (30) days of the date of the invoice.


4.7.3 The Subscriber will be responsible for paying all Charges on their Account, whether or not they have been accrued by them personally. The Subscriber will also be responsible for any extraordinary costs incurred in administering his Account, including collecting any payments.


4.7.4 If the Subscriber’s Service has been disconnected, either at his request or at the instance of Orange, the Subscriber shall remain responsible for paying any outstanding charges.


4.8 Penalties for overdue payments
If payment is not made within its due date, Orange may charge interest on all sums outstanding at the rate of 2% above prime rate of Orange’s chosen financial institution.


4.9 Payment methods
Orange will accept payment of Charges by credit card, debit card, cheque, direct debit and electronic transfer, but reserves the right to refuse any payment method if there is reasonable cause to believe that such payment will be dishonoured.


5. Orange’s Right To Terminate Services


5.1 Orange may disconnect the Subscriber’s Services and refuse to re-connect it any time in whole or in part immediately by notice to the Subscriber if:


5.1.1 the Subscriber fails to comply with any of these terms and conditions provided that where such failure is capable of remedy the Subscriber has not taken such remedial steps as Orange shall have required within 7 days of giving the Subscriber notice of such failure; or


5.1.2 for whatever reason Orange is unable to provide the Services.


5.2. Overloaded e-mail account
Orange may limit the e-mail account (or otherwise) used in the Subscriber’s terminal equipment and Services and customers shall rent additional account when their service is overloaded.


6. End of Minimum Term


6.1 At the expiration of the Minimum Term, Orange shall continue to supply the Subscriber with the Services as normal, unless this Agreement is terminated in accordance with its terms.
6.2 If the Subscriber does not pay their Bill within the time stipulated hereof, Orange reserves the right to place a Bar on all the Services accessible through the Terminal Equipment. This Bar will remain in force until the Subscriber has paid all outstanding amounts due to Orange. Orange may, at its discretion charge the Subscriber for the Reconnection and the removal of the bar.


7. Suspension of Services


7.1 Orange may suspend some or all of the services and/or Orange Additional Services the Subscriber uses without giving the Subscriber notice if;


7.1.1 the Subscriber fails to perform any of his obligations in terms of this Agreement or breaches any of the terms of this Agreement (in which event Orange may suspend the use of the Subscriber’s Terminal Equipment);


7.1.2 a complaint has been made against the Subscribe. Such complaints shall be thoroughly investigated, and the Services shall remain suspended until Orange is satisfied with the results of that investigation. Any complaint the Subscriber makes shall similarly be thoroughly investigated.


7.1.3 any modification, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever, to the Network Services or the Network;


7.2 Orange may require the Subscriber to pay any applicable reconnection Charges.


7.3 If the Subscriber’s access to the Network is suspended, the Subscriber shall still be liable for the Monthly Service Charges during that period.


8. Breach


8.1 Disconnection of Service
In the event that the Subscriber breaches a material term of this Agreement, Orange reserves the right to disconnect or deactivate the Subscriber from Network Services without notice. In such circumstances, Orange may also give the Subscriber written notice that if a Subscriber fails to correct this breach within 7 days, Orange may terminate this Agreement with immediate effect. However, the Subscriber shall still be liable to pay a lump sum equivalent to the total of all the Monthly Charges due during the initial Minimum Term of the Agreement.


9. Termination of Contract


9.1 Orange may terminate the Subscriber’s Contract immediately at any time, in whole or in part, by giving the subscriber notice if:


9.1.1 the Subscriber fails to pass any credit assessments which we may reasonably consider to be necessary from time to time


9.1.2 the Subscriber fails to pay any of their bills from Orange on time


9.1.3 Orange has a good reason for believing that any information the Subscriber has given Orange is false or misleading or if the Subscriber refuses to furnish Orange with information required by Orange for administrative purposes or any other purposes as may be required by law or regulation.


9.1.4 the Subscriber is proved to have committed fraud or any other crime against Orange or its employees


9.1.5 the Subscriber becomes insolvent within the meaning of the Insolvency Act, or bankrupt, or if Orange has good reason for believing that the Subscriber is unable to pay the Charges


9.1.6 in addition, Orange may terminate the Subscriber’s Contract at any time after the Minimum Term has expired by giving the Subscriber at least one month’s prior written notice.


9.2 Termination of Contract after Minimum Term
The Subscriber may terminate this Agreement at anytime after the Minimum Term by giving Orange at least one month’s written notice and paying for all unbilled, accrued and unpaid fees, expenses or bills outstanding. The Subscriber is free to restore this Agreement throughout this notice period should they wish to do so.


9.3 Termination of Contract during the Minimum Term


9.3.1 The Subscriber may terminate this Agreement before the Minimum Term expires if the Subscriber pays Orange all unbilled, accrued and unpaid fees, expenses or bills including a lump sum equivalent to the total of all the monthly charges still remaining on the initial Minimum Term agreement.


9.4. The Subscriber may not terminate this Agreement where Orange varies these terms and conditions if the variations Orange has made have been imposed on Orange as a direct result of new legislation, statutory instrument, government regulation or license.


9.5 This Agreement shall automatically be renewed after the initial contract period, where the Customer would like to terminate the same, he or she shall write a letter notifying Orange of this intention to terminate at least One (1) month before expiry. Failure to do so, shall render this Agreement renewed for the same duration and the application of minimum term shall apply.


10. Subscriber Obligations


10.1 The Subscriber agrees:


10.1.1 not to use the Services for improper, immoral, fraudulent or unlawful purposes or for sending of any communication which is of an offensive, abusive, indecent, obscene or menacing nature;
10.1.2 not to cause, or knowingly allow others to cause, any nuisance annoyance or inconvenience whether to Orange or to any of Orange’s Subscribers which shall include the use of the Network for the persistent sending of unsolicited communications without reasonable cause;


10.1.3 not to act in a way, whether knowingly or otherwise, in such a manner that could cause the Network to be impaired, damaged or joeperdised;


10.1.4 to use a Phone and Accessories approved for use with the Network and comply with all relevant legislation or regulations relating to its use;


10.1.5 to comply with any reasonable instructions issued by Orange which concern the Subscriber’s use of the services and co-operate with Orange in its reasonable security and other checks (Which may include Orange making phone calls to the Subscriber).


10.1.6 that where there are one or more users other than the Subscriber under this contract, the Subscriber shall remain responsible for ensuring that the Services are used in accordance with this Agreement and be responsible for all the charges incurred to the Subscriber’s account by those Users.


10.1.7 they shall not knowingly distribute malicious codes, such as viruses, worms, trojans, etc which has infected their device by any means; Orange shall not be liable for the Subscribers reception of viruses, spam or any other harmful programmes received through the Network;


10.1.10 the Subscriber shall not use any of the Additional Services for Peer to Peer communication in every form and voice over IP, failure by the Subscriber to adhere to the conditions of this Clause shall result in Orange terminating or suspending the Services;


10.1.11 The Customer shall at all times ensure that children do not access the Services to view adult material or any other material that may be harmful or is unsuitable for children to view. This Clause shall apply to those Services which allow access to the internet or any other platform that may carry explicit content.


10.2 Information Supplied by the Subscriber


10.2.1 By applying for Registration the Subscriber represents to Orange that the name, address and other factual information which the Subscriber provides is correct;


10.2.2 The Subscriber acknowledges that if Orange suspects on reasonable grounds that the information supplied to it is without the knowledge of the person named or that an application is unauthorized or contains false particulars, for the protection of Orange’s Subscriber’s and the network, Orange may delay connection or disconnect services to the Subscriber’s phone while investigations are ongoing .If Orange’s suspicions prove groundless, Orange will connect or reconnect Services immediately.


10.2.3 The Subscriber shall have no claims of delay against Orange in respect of any delay or Disconnection caused as a result of the operation of this clause.


11. SIM Card


11.1 Any SIM card that Orange supplies to the Subscriber shall remain the property of Orange however the Subscriber shall be responsible for its safe keeping.


11.2 All risk in and to the SIM Cards supplied and delivered by Orange to the Subscriber shall pass to the Subscriber on delivery.


11.3 Orange reserves the right to recall any SIM card from the Subscriber at any time to enhance or maintain the quality of the Services.


11.4 The software in the SIM card is either owned by or licensed to Orange which grants the Subscriber a non- exclusive license to use it for accessing the services only.


11.5 If a SIM Card is stolen or lost or damaged, the Subscriber shall immediately notify Orange in writing, and until notification, the Subscriber shall be liable for all costs and charges pertaining to the SIM Card, and shall require the subscriber to pay a reasonable charge in respect of the cost of replacement. Loss, theft or damage and/ or the issue of a replacement SIM Card for any reason, shall not affect this Agreement which shall continue to be of full force and effect.


11.6 This Clause shall apply to any Terminal Equipment.


12. Phones


12.1 If the Subscriber’s phone and Accessories (Terminal Equipment) are acquired by him outside of the operation of these terms and conditions, (unless they are acquired under part two of this agreement) such Terminal Equipment shall remain the property of the Subscriber.


12.2 All Phones shall have a one month warranty from the date of purchase, unless advised otherwise, upon expiry the Customer shall be responsible for insuring or purchasing a warranty for the Equipment. Any insurance or warranty relating to the Subscriber’s Phone purchased by the Subscriber is separate of these terms and conditions.


12.3 The Subscriber must inform Orange immediately in the event that the SIM card or the Subscriber’s phone is lost or stolen or damaged so that orange may suspend the account and /or blacklist the phone. The subscriber will, however, still be liable to pay the monthly charges to Orange.
13. Changes and amendments to the Terms and Conditions
Orange reserves the right to vary these terms and conditions and the charges from time to time with or without notice to the Subscriber.


14. Cession And Assignment


14.1 The Subscriber’s rights and obligations in terms of this Agreement may not be ceded or delegated by the Subscriber to any third party on condition that Orange approves such third party.


14.2. Orange may assign its rights and obligations under these terms and conditions


15. Liability


15.1 Notwithstanding the circumstances we limit our liability to the value of this Agreement during the Minimum Term.


15.2 We shall not be liable to the Customer:


15.2.1 for any loss or damage whether indirect or consequential arising out of any loss of data caused by viruses, malicious code such as worms, trojans etc. or for any other loss or damage which is indirect and not reasonably foreseeable by us; or


15.2.2 for any business connected to the Customer whether in contract, tort (including negligence) or otherwise for any loss or damage whether indirect or consequential which is related to the Customer’s business, including, without limitation, loss of profits, savings, loss of revenue or business interruption.


15.3 The subscriber shall be liable for any impacts arising from any malicious code, e.g. virus, worms, Trojans, etc, which has infected their device by any means;


15.4 The Subscriber shall be liable for any impacts arising from any configuration of their device settings (over the air or otherwise);


15.5 The subscriber shall be liable for any impacts arising from the hacking of their device through an external interface, for example via Bluetooth, infrared, or any other external interface.
16. Orange Limitation of Liability


16.1 Orange Botswana shall not be liable to the Subscriber for any loss or damage suffered by the subscriber whether same is direct or consequential, if:-


16.1.1. Orange Botswana fails for any reason whatsoever to supply and or/ deliver and /or provide installation of any Terminal Equipment or SIM Cards or any other item including accessories ,either on the required date, or at all , and /or;


16.1.2 The network Services are interrupted, suspended or terminated, for whatsoever reason and/ or;


16.1.3 Orange Botswana fails to suspend the provision of the Network Services to the subscriber in terms of an arrangement between Orange Botswana and the Subscriber or after the Subscriber has specifically requested Orange Botswana to do so in order to limit the usage Charges; and or


16.1.4 Such loss or damage was caused by any negligent act or omission on the part of Orange Botswana, its employees or its agents.


16.2 It is the sole responsibility of the Subscriber to ensure he/she is regularly connected to the network Services to avoid his/her number being reconnected to someone other than the Subscriber and Orange shall not be liable for any mobile number recycled which has been inactive for a period of three (3) months.


17. Disclosure of Information


17.1 The Subscriber agrees to the disclosure to any third party including any telecommunications company, debt collection agency, credit reference agency, of any information relating to this Agreement with Orange.


17.2 The Subscriber authorises Orange to disclose the information required as a result of an order of any Court of a competent jurisdiction or by a statutory authority.


18. General Provisions


18.1 Roaming relies on the telecommunications systems of foreign networks, over which Orange have no control. Orange cannot therefore offer any guarantees about roaming services.


18.2 Unless the Subscriber informs Orange otherwise, Orange may upon registration may make appropriate directory entries and shall allow the display of the Subscriber’s cell phone number on receiving handsets.


18.3 All applications for Registration and Orange additional services are subject to credit assessment before Orange can connect the subscriber to the network .If Orange’s assessment of the Subscriber does not meet the requirements, Orange reserves the right to decline the connection of the Subscriber and/or to supply the Orange additional services.


18.4 Where a Customer has any other agreements, commitments, obligations or any other undertakings with Orange and additionally owes any monies or is in arrears for any
payments due under this Agreement,, Orange may off-set or deduct any such amounts payable under this Agreement from any payments of the same.


18.5 By his signature to this Agreement the representative of the Customer hereby acknowledges himself to be truly and lawfully bound, in his personal capacity as surety for and co-principal debtor in solidium with the Customer for the due performance of the Customer’s obligations in terms hereof.
19. Complaints Procedure
19.1 If the Customer has a complaint about any aspect of the Service(s) please let us know by contacting the Customer Service Helpline at 123 and we will endeavour our best to resolve any complaints as soon as we reasonably can.


20. Notices


20.1 Any notice from Orange to the Subscriber will be deemed to have been served 48 hours after posting or an earlier proof of delivery. All notices to be served in accordance with these terms and conditions may be served by text message, electronic mail or by post or facsimile, except where otherwise stated.


21. Waivers


21.1 Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it was given, It shall not in any way prejudice or prevent Orange from exercising any of its rights under this Agreement.


21.2 This Agreement and all matters or disputes arising there from or incidental thereto shall be governed and constructed in accordance with the laws of Botswana.


21.3 A certificate under the hand of any Manager of Orange Botswana certifying the amount of any amount owing by the Subscriber to Orange Botswana shall be sufficient proof for the purposes of enabling Orange Botswana to obtain any judgment or order against the Subscriber.


21.4 If Orange Botswana institutes legal proceedings against the subscriber to recover amounts due to Orange Botswana or takes any other legal steps arising out of this agreement, the subscriber shall be liable for legal and Ten percent (10%) collection commission and any other cost incidental thereto.


Part 2: Conditions for Sale of Terminal Equipment or Voucher Issuance


22. Sale of Terminal Equipment and Conditions Applicable


22.1 The sale of Terminal Equipment (Phone and Accessories) by orange or alternatively the issuance of a payment voucher equivalent to the value of the subsidy of purchase a phone from authorised suppliers, may in the future be provided to the subscriber as set out in the Orange Mobile Postpaid Application Form and shall be subject to the following terms and conditions:


22.1.1 In the event of early termination of this agreement for whatsoever reason, Orange shall have the right to claim from the Subscribers an amount equal to the amount of the subsidy .The subscriber shall be obliged to pay Orange this amount on demand. If the subscriber fails to pay this amount to Orange, they shall immediately refund Orange the amount equivalent to the value of the phone or subsidy, and shall not be entitled to receive any refund thereof.


22.1.2 If Orange has supplied the terminal equipment, Orange shall own it until payment is received in full .If Orange Botswana has subsidized the terminal equipment or issued a payment voucher equivalent to the value of the subsidy, the Subscriber will be liable to pay Orange Botswana all amounts due to Orange Botswana (including the Subsidy) until the expiry of the initial period, or the amount equal to the subsidy.


22.1.3 All-risk in and to Terminal Equipment supplied and delivered by Orange Botswana to the Subscriber shall pass to the Subscriber on delivery, title and ownership shall remain with Orange until the full payment is received or until the end of the Minimum Period, whichever comes first.


22.1.4 Orange’s Obligations in terms of any warranties shall be limited to the warranty provided by the manufacturer of the Terminal Equipment. All transport costs shall be for the Subscriber’s account.


21.1.5 If Orange has issued a payment voucher to the subscriber at a value equivalent to the amount of the Subsidy, the Subscriber shall be bound by the terms and conditions on the voucher itself, and Orange shall not be liable for any claims of loss except where the loss was caused by the gross negligence of Orange or its employees.


22.2 If the Subscriber changes from one Package option to another ,Orange may vary the amount of the subsidy .If the subsidy is reduced, Orange may require the Subscriber to pay Orange the amount of the reduction to allow Orange to adjust to the subsidy to the amount at the time of the sale of the Terminal Equipment or the issuance of a payment voucher Equivalent to the amount of the subsidy if the subscriber had first chosen the package option to which ,Orange is Charging.


22.3 For avoidance of doubt, the provisions of Part I shall apply in the same way to this Part II, and in as far as they can be applicable to the sale, of the Terminal Equipment or issuance of a payment voucher, be applicable to the sale and incidental matters to the sale of the Terminal Equipment as contemplated in this Part II.


22.4 Such subsidized sale of the Terminal Equipment or issuance of the payment voucher to the Subscriber automatically renders the minimum period of this agreement to be purchased from Orange.


22.5 Where the Subscriber is of the view that their Terminal Equipment is faulty, they shall contact Orange. The Terminal Equipment will then be inspected after which it will be at the sole discretion of Orange whether or not the Terminal Equipment will be repaired or replaced. If Orange is of the view that the Equipment has been abused, used inappropriately or used in any manner contrary to this Agreement Orange may suspend or terminate this Agreement with immediate effect.


22.6 Orange reserves the right to charge the Subscriber for any replacement or repairs carried out for any Terminal Equipment.


22.7 Subject to the terms of this Agreement Terminal Equipments shall only be repaired by Orange or an Orange approved dealer. If the Subscriber allows any other third party to repair the Terminal Equipment, Orange shall not be obliged to repair or replace such Equipment, and may at its sole discretion suspend or terminate the Services.


23. Separate Agreements


The provision of Network Services by Orange to the Subscriber ,and the sale of the Terminal Equipment(s) or issuance of a payment voucher under this agreement , shall constitute Separate and divisible agreements , each one capable of standing on its own.


24. Corporate Customers


By his signature to this agreement the representative of the Subscriber (where the Subscriber is a juristic person) hereby acknowledges himself to be truly and lawfully bound, in his personal capacity as surety for and co-principal debtor in solidium with the Subscriber for the due performance of the Customer’s obligations in terms hereof.


25. Inter-Relation of Agreements


Where a Customer has any other agreements, commitments, obligations or any other undertakings with Orange, Orange may off-set or deduct any amounts payable under this Agreement from such other commitments, obligations or agreements. A breach of this Agreement may result in Orange terminating any other Agreements that the Subscriber has with Orange

1-Bonus can be used for Orange to Orange calls, data and SMS.

2-Bonus CANNOT be used for calls to other local operators (Mascom, BeMobile and BTC),bundle subscription, SMS games, International calls and roaming.

3-Validity period of the bonus will be 14 days from date of recharge.

4-Orange to Orange calls, data and SMS usage will be charged first from the on-net bonus account before the main account.

Orange Yame application is dedicated to Orange Botswana customers under Edge/3G/4G network coverage or WiFi. Orange Yame is a downloadable application for personal account management, which allows customers to understand and manage their account details from their smartphone, obtain help and support and discover more about Orange universe through 3 sections :


- Account Management: consumption follow up, top-up credit, subscribe/unsubscribe bundles and Friends & Family management.
- Help and Assistance: Frequently Asked Questions, Orange Shops localization and Orange customer care contacts.
- Orange Services: promotions, other Orange applications, value-added services.

Additional services may be available and are described with more detail on the applications store on which Orange Yame application can be downloaded (App Store, Google Play Store, Blackberry World).


1. ELIGIBILITY REQUIREMENTS FOR USING ORANGE YAME


The customer must acknowledge and accept the following Orange Yame restrictions of use:
- the OS (Operating System) version installed on customer’s smartphone must be compatible with Orange Yame application, i.e. iOS 7 and higher; Android 4.0 and higher. The list of compatible smartphones OS can be found on the applications store when downloading Orange Yame application; and
- the customer must be provided with an Orange SIM Card; and
- the customer must have data or airtime.


2. ORANGE COPYRIGHT


Orange Botswana declares that it holds the distribution rights of Orange Yame application. These Conditions of Use do not confer any intellectual property right to the customer over any component whatsoever of Orange Yame application. All the rights of reproduction, representation, adaptation or modification other than those granted by these Conditions of Use are strictly reserved.


3. CUSTOMER'S RIGHT OF USE


The right to use Orange Yame application is strictly reserved for Orange Botswana customers. Free of charge and may not be sold or be the subject of any business transaction other than initiated by Orange. The customer is granted a personal, non-exclusive and non-transferable right to use Orange Yame application on one or more smartphones. The customer undertakes not to copy, modify or adapt Orange Yame application or any of its components.


4. CHARGE OF DATA CONSUMPTION


Navigation within Orange Yame application is free of charge - except for:
- downloading Orange Yame application;
- being located (using GPS) in order to locate Orange stores around the customer location
(the location feature is not available in roaming mode);
- using Orange Yame application in roaming mode.
The download of Orange Yame application is possible under WiFi coverage (excluding any cost of connection). Under Edge/3G/4G Orange network, the downloading traffic cost is deducted from the customer’s data plan or pay per use session. When being located via Orange Yame application, data charges apply and are deducted from the customer's data plan.


5. PROTECTION OF PERSONAL DATA AND PRIVACY


Orange Yame application collects and processes the customer’s phone number (also called “MSISDN”) that is strictly necessary in order for Orange Botswana to provide the service available through Orange Yame application, as described at the beginning of these Conditions of Use. In particular, Orange Botswana collects and processes the customer’s phone number for the purposes of carrying out the authentication of the customer and providing the customer with all information related to his voice and data consumption and offers. Moreover, Orange Yame application makes available a location feature (using GPS) in order for the customer to locate Orange stores around his location and be provided with information relating to such Orange stores (e.g., their address, phone number, location on a map, opening hours). An information notice is displayed to warn the customer when accessing the location feature and the express consent of the customer is required prior any location. The text of the information notice:


Caution!
“Using this function will be charged as per your normal rate of the data consumption of your offer. Do you wish to continue? (Confirm/Cancel)”.
This information is collected and processed in compliance with applicable rules on personal data and privacy. It will not be used for any other purposes than the purposes described in this section “Protection of Personal Data and Privacy”.


6. EXTERNAL LINKS TO THIRD-PARTY CONTENTS AND/OR SERVICES


Orange Yame application may include links to (i) mobile applications or (ii) sites on the internet, which are edited or operated by third parties. The customer agrees to review and agree to any such mobile application or sites rules of use before using such mobile applications or sites. The customer also agree that Orange Botswana has no control over the content of any such mobile applications and sites and cannot assume any responsibility for material created or published by such third party mobile applications and sites. In addition, a link to a non-Orange mobile application or site does not imply that Orange Botswana endorses the mobile application or site or the products or services referenced in such third party mobile application or site.


7. RESPONSIBILITY


The customer releases Orange Botswana from any liability for Orange Yame application failing to function, or malfunctioning when any of the restrictions mentioned in the "Eligibility requirements for using Orange Yame" are not fulfilled. Furthermore, the parties expressly agree that the following type of damage and/or injury do not give rise to any compensation from Orange Botswana, that they were reasonably foreseeable or not: loss of profits, business interruption, loss of revenue, loss of customers, damage to image and loss of data.


8. TERM OF CONTRACT - TERMINATION


These Conditions of Use will apply for an indefinite period from when Orange Yame application is downloaded onto the customer's smartphone. Furthermore, Orange Yame application will be terminated by Orange Botswana upon Orange Botswana’s sole discretion if the customer does not comply with the restrictions described above.


9. CHANGE


Orange Botswana reserves the right to vary Orange Yame Application Terms and Conditions from time to time, such variations becoming effective immediately upon publishing the varied Orange Yame Application Terms and Conditions. By continuing to use Orange Yame application, the customer will be deemed to have accepted the updated Orange Yame Application Terms and Conditions.


10. GENERAL PROVISIONS


These Terms and Conditions are governed by the laws of the Botswana. In the event of dispute, the two parties will endeavour to find an amicable agreement. Failing this, and in any measure permitted by the applicable legislation, the parties acknowledge the relevant courts of Botswana.
These Terms and Conditions may under no circumstances be transferred, either partially or wholly, for consideration or free of charge.
If any of the stipulations of these Conditions of Use are held to be void, or not applicable, said stipulation will be considered not to have been written and will not cause any of the other stipulations or compensation to be void.

 


About


Copyright © 2013 Orange. All rights reserved


Publisher


Orange Botswana (PTY) LTD;
Private Bag Bo64, Gaborone Botswana.
Plot 166, Corner Queens and Pilane, Main Mall,
Gaborone, Botswana


Hosting Provider


Orange; Public stock corporation incorporated in France with registered share capital of Euro 10,595,541,532 - RCS Paris 380 129 866 - Headquarters: 78, rue Olivier de Serres, Paris 75015, France


Contact Us


For any information on Orange Yame application, please contact 123 customer care service.


Information on data consumption


Orange Yame application is free of charge when used within Botswana territory, excluding connection costs necessary for downloading the application and location usage available within the application. Connection costs may vary according to the data connection offer held by the customer. Connection fees for downloading and location usage are charged to the data credit balance of the offer you are subscribed to.


Protection of personal data and privacy


Orange Yame application collects and processes your phone number and makes available a location feature (using GPS). Please refer to the Orange Yame Application Terms and Conditions to have more information related to the protection of your personal data and privacy.


Usage Data Collection for statistical analysis


Orange Yame application collects information on the use of the application and sends us such information for statistical analysis to further improve the application and the related service. All collected information is completely anonymous and is not associated with the user. Such information is collected and processed in compliance with applicable laws. It will not be used for any other purposes than improving the application and the related service. Any personal data are NOT collected. If you do not want any usage data to be collected, you can deactivate this functionality, at any time, by going in the application settings.

Ditebogo Loyalty Program Terms and Conditions

1. The Terms and Conditions described herein are binding on both the Subscriber and Orange Botswana;

2. All Orange mobile prepaid customers who have registered their mobile number are eligible to subscribe to the program and redeem points for gifts. For purposes of this promotion "Gifts" shall mean SMS, on-net airtime, cross net airtime and include handset vouchers as per the loyalty catalogue ...;

3. Orange mobile prepaid customers with an Average Revenue Per User (ARPU) above Five Hundred Pula (P500.00) for six (6) months will be automatically enrolled to the loyalty program on condition that their mobile number is registered and active. For purposes of this offer for automatic enrolment shall mean a customer who has used the Orange network for six (6) consecutive months with average revenue per month of P500 or more However a customer who has not reached six (6) months and their average revenue per month is less than P500 can subscribe manually.

4. Points acquired by customers can only be redeemed once in a month;

5. Redemption is only allowed for Active registered numbers;

6. Orange shall award gifts to ONLY the owner of the mobile phone number and valid Identification documents must be produced to claim gifts;

7. Any points that are not redeemed in a month shall roll over to the next month and shall continue to roll over until redeemed by the customer;

8. Any unused points that the customer acquires shall expire after twenty four (24) months;

9. Accumulated points are not transferable when moving from prepaid to post-paid accounts;

10. Points from different Orange Mobile prepaid lines cannot be combined;

11. Voucher redemption shall be subject to availability of stock;

12. Customers can redeem only one handset over a period of twelve (12) months;

13. Accumulated points shall be lost if ever a number is deactivated for non-activity being not receiving/making calls, not receiving or sending messages for three hundred and sixty four (364) consecutive days...;

14. Orange reserves the right to amend suspend or withdraw the loyalty program offer at any time and at its own discretion;

15. Orange reserves the right to broadcast via SMS content regarding the said loyalty offer as frequently as required and by virtue of subscription by the customer and/or being an ARPU Customer, the Customer agrees to the same.

16. Orange Botswana shall not be liable to the Customer for any loss or damage suffered by the customer, whether same is direct or consequential, if the network Services are interrupted, suspended or terminated, for whatsoever reason while the subscriber is recharging.

17. Staff members can only redeem SMS and airtime, they are not eligible for handset vouchers

18.Orange Botswana reserves the right to use pictures of all photographed Customers for publications related to this promotion;

19. The Orange Prepaid Terms and Conditions shall apply to the usage of the prepaid services.

1.    PREAMBLE

Whereas the Company Orange Botswana makes available to its customers and subscribers on social networks, a new service called "Chatbot Messenger "; which will enable them to subscribe to SMS alerts on SMS and USSD channels;

Whereas by the present regulation, the company Orange Botswana wants to define the conditions of subscription and the operation of the aforementioned service;

 

2.    OBJECT

The purpose of this Regulation is to define the subscription conditions for subscribers to the "Chatbot Messenger" service set up by Orange Botswana;

 

3.    SPECIFICITY OF THE SERVICE

The Chatbot Messenger service is used to subscribe to the ecosystem of value-added services provided by Orange Botswana and made available to its customers.

 

4.    ACCESSIBILITY

The Chatbot Messenger service (including its updates) is accessible on the Facebook page of Orange Botswana whose Internet address is:  https://www.facebook.com/orangebotswana

 

5.    ALIMITATION OF LIABILITY

The use of Chatbot Messenger implies the knowledge and acceptance of the characteristics and limits of the Internet, particularly as regards the technical performance, the response time to consult, interrogate or transfer information, the risks of interruption, and more generally, the risks inherent in any connection and transmission over the Internet, the lack of protection of certain data against possible diversions and the risk of contamination by any viruses circulating on the network.

Consequently, Orange Botswana cannot under any circumstances be held responsible, without this list being exhaustive:
•    Content of the services consulted on the Chatbot Messenger and, in general, any information and / or data disseminated on the services consulted on it;
•    The transmission and / or reception of any data and / or information on the Internet;
•    any malfunctioning of the Internet preventing the smooth running / operation of the Chatbot Messenger;
•    Failure of any receiving equipment or communication lines;
•    the loss of any paper or electronic mail and, more generally, the loss of any data;
•    Routing problems;
•    The operation of any software;
•    Consequences of any virus, computer bug, anomaly, technical failure;
•    Any damage to a Participant's computer;
•    Any technical, hardware or software failure of any kind that has prevented or limited the ability to use the Chatbot Messenger or damaged the system of an association.
It is stated that Orange Botswana cannot be held responsible for any direct or indirect damage resulting from an interruption, a malfunction whatever it is, a suspension or the end of the Chatbot Messenger services, for any reason whatsoever, or for any direct or indirect damage which would in any way result from a connection to it. It is up to the participants to take all appropriate measures to protect their own data and / or software stored on its computer equipment against any infringement. The connection of any person to Facebook and the use of Chatbot Messenger are the sole responsibility of users.

The liability of Orange Botswana cannot be incurred, in general, in case of force majeure or fortuitous event beyond its control.

Orange Botswana is obliged not to publish the comments made by users via the Chatbot Messenger features entitled "Contact and FAQ".

 

6.    DATA WITH PERSONAL CHARACTER

The personal data of all participants will be used in accordance with the regulations on the protection of personal data in the Republic of Botswana. Each participant has the right to access, correct or delete information about him.

 

7.    DURATION – CHANGES

Orange Botswana reserves the right to make changes to these Rules, at any time, without notice or obligation to give reasons for its decision and without liability being incurred.

Any amendment to the Rules will become effective upon posting and any entrant will be deemed to have accepted them by the mere fact of the use of the Chatbot Messenger, as of the effective date of the change. Any Association or any user refusing the modification (s) must stop using the service. Orange Botswana reserves the right, as of right, to discontinue Chatbot Messenger services at any time without notice. And without engaging any one in his head.

No user will be able to claim any compensation In case of misuse of the Chatbot Messenger, Orange Botswana reserves the right to dismiss by right / ban the user, without the latter can claim anything is.
 

8.    APPLICABLE LAW AND JURISDICTION

This Regulation is governed by the laws and regulations in force in the Republic of Botswana and any dispute resulting thereunder shall be submitted to a court of competent jurisdiction within the Republic of Botswana..

 

9.    INTERPRETATION

Any question of application or interpretation of the Rules, or any unforeseen question that may arise, will be resolved, depending on the nature of the question, by Orange Botswana in accordance with Botswana Law
 

10.    DEPOSIT AND CONSULTATION OF THE REGULATION

It is possible to consult the full Rules on the Site: http://www.orange.co.bw/personal/1/588/terms-and-conditions--orange-botswana-8569.html  

The use of the Chatbot Messenger implies the unconditional acceptance of these rules in its entirety (the "Rules"), the rules of ethics in force on the Internet, as well as laws, regulations and other texts applicable to the Republic of Botswana.
 

By accessing, browsing and/or using www.orange.co.bw you agree to be bound by the following terms.

Set out below are the terms under which Orange Botswana (Pty) Ltd (hereinafter referred to as "Orange") will provide you with access to the information and services that we offer via the Orange portal website located at www.www.orange.co.bw (the "Portal").

Content (information, communications, images and sounds contained on or available through the Portal) is provided by Orange, its affiliates, independent content providers and third parties. The contents of www.orange.co.bw are the copyright of Orange Botswana (Pty) Ltd or its affiliates, independent content providers or third parties. All rights reserved. The contents of the Portal cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of Orange. You agree that the material and content contained within or provided by www.orange.co.bw is for your own personal use only and may not be used for commercial purposes or distributed commercially.

Orange will use its reasonable endeavours to maintain www.orange.co.bw in a fully operating condition. It is not responsible for the results of any defects that exist in the Portal. You should not assume that the Portal or its content is error free or that it will be suitable for the particular purposes that you have in mind when using it. Orange reserves the right to make subsequent changes to it, and services may be modified, supplemented or withdrawn at any time without notice to users.

We make all reasonable efforts to ensure that all information provided by us in connection with the Portal is accurate at the time of its inclusion; however, there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations or warranties about the information included on our web pages (including links to third parties' web pages). You shall be solely responsible for any decisions based on the information contained on such web pages.

The content on this Portal is intended to appeal to a wide range of audiences and as such not all of the material is suitable for use by children. Parents and guardians are reminded of the importance of supervising young children when using the Internet. Parents and guardians shall be responsible for the actions of any children using this Portal.

Various elements of the content, products and services accessible via this website are not provided by us but instead by other companies. Orange is unable to guarantee that such products and services or any websites accessible via the Portal are virus or error free. You should check all emails, attachments and files before downloading them.

Your dealings with, and interest in, promotions, services, or retailers found via this Portal are solely between you and the person with whom you are dealing unless we expressly state otherwise.

Orange or online retailers and content providers found whilst browsing this Portal may provide links to other websites or resources. We do not accept responsibility for these third party websites or resources and neither have we endorsed their content, products or services merely because they are accessible via the Portal.

Information provided by Orange does not constitute legal or professional advice and should not be relied upon without taking independent advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Portal or by anyone who may be informed of its contents.

We take reasonable steps to safeguard the security of any information you input or send to us in connection with the Portal by using secure services and encryption technology where we deem appropriate, however, we accept no responsibility for any damages that you may suffer as a result of the loss of confidentiality of such information.

It is a condition of us allowing you access to the information on the Portal that you accept we will not be liable for any action you take relying on the information on www.orange.co.bw. Orange will not be liable if your use of materials or information from www.orange.co.bw results in the need for servicing, repair or correction of equipment or data, you assume any costs relating to the above. Orange reserves the right to charge for access to certain information on www.orange.co.bw. Orange will inform you where a charge will be incurred by you for accessing certain services or information on the Portal; such access may be subject to additional terms and conditions.

If your PC does not support relevant technology including but not limited to encryption you may not be able to use certain services or access certain information on the Portal.

You may not mirror any material contained on www.orange.co.bw on any other server without the prior written consent of Orange. Any unauthorised use of the contents of www.orange.co.bw under this contract may be in breach of copyright laws or trademark laws or other laws in Botswana. You acknowledge that Orange has no control over and excludes all liability for any material on the Internet which can be accessed by using the Portal. Neither can we be deemed to have endorsed the content.

By submitting any material to us via the Portal website, via email or otherwise, you do so in the knowledge that Orange may copy, modify, distribute or create a derivative work from that content in any form. You warrant that the material is fit for publication and agree to indemnify us if any third party takes action against us in relation to the material that you submit. You warrant that you believe Orange may publish the material you submit and/or make use of it or any concepts described in it in our products or services without liability and you agree not to take action against us in relation to it. You agree that we shall have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Portal constitutes a violation of their intellectual property rights or of their right to privacy.

We shall have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in condition 19 below.

In a few areas of the Portal, we may ask you to provide personal information that will enable us to use the information you provide us with to keep you informed of our latest products and services after your visit to www.orange.co.bw.

If you choose or are issued with a user identification code, password or any other piece of information as part of any registration or security procedures, you must treat such information as confidential and are fully responsible for all activities that occur under your password and account. You agree to immediately notify Orange of any unauthorised use or breach of security. We cannot be held liable for any loss or damage arising from your failure to comply with this term. We reserve the right to disable any user identification code or password.

You agree to use the Portal only in a lawful manner and further agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to Orange or any of its customers or users of www.orange.co.bw by any means, including without limitation by a denial of service attack, knowingly introducing viruses, trojans, worms, logic bombs or other material with is malicious or technologically harmful, harassment, impersonation of another person or entity. You also agree not to use www.orange.co.bw to transmit or post any material which is fraudulent, unsolicited or unauthorised advertising or promotional material, hateful, sexually, racially or ethnically or otherwise objectionable, defamatory, offensive or obscene or menacing character or which may in our judgement cause nuisance, annoyance, inconvenience to Orange, or any other person or which is illegal. You will not use www.orange.co.bw such that you would cause the whole or part of www.orange.co.bw (including the server on which it is stored or any server, computer or database attached to it) to be interrupted, damaged, rendered less efficient or impaired in any way. In such circumstances your right to use the Portal will cease immediately.

The service is accessed via the World Wide Web which is independent of www.orange.co.bw and Orange. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. Orange has no responsibility for any information or service obtained by you on the World Wide Web.

Orange does not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the service at any time. Orange excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any information and the value and integrity of goods and services offered by third parties over www.orange.co.bw. You acknowledge that we have no control over and we exclude all liability for any material on the World Wide Web, which can be accessed by using the Portal.

We may suspend or vary the whole or any part of the service offered on www.orange.co.bw for any reason, at any time at our sole discretion without liability to you.

Orange reserves the right to vary the terms of this contract from time to time, such variations becoming effective immediately upon posting of the varied Terms and Conditions on www.orange.co.bw. By continuing to use www.orange.co.bw you will be deemed to accept such variation.

If any part of these terms is found to be illegal or unenforceable, this will not affect the validity or enforceability of the remainder of these terms.

The Botswana courts will have exclusive jurisdiction over any claim arising from or related to your use of the Portal although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country. These terms are governed by the Laws of Botswana.