Welcome to the MTN Cloud Accelerator Application Portal (“Portal”). By submitting an application to participate in the MTN Cloud Accelerator Program (“Program”), you (“Applicant” or “you”) agree to be bound by the following Terms of Use (“Terms”), which form a legally binding agreement between you and MTN Nigeria Communications PLC (“MTN”, “we”, or “us”).

These Terms govern your relationship with us and specify how you are permitted to access and use the Portal. Your use of the Portal is subject to your acceptance without modification of the Terms and notices contained in these Terms and which form part of these Terms. Please read these Terms carefully before submitting your application. If You disagree with these Terms or any part thereof, you are expressly prohibited from using the Portal and you must discontinue your application immediately.

1.   Eligibility

By submitting an application, you represent, warrant, and undertake that:

a.   You are at least eighteen (18) years old and have the full legal capacity and authority to enter into this agreement and to bind the startup or entity you represent.

b.   The startup or business entity on whose behalf you apply meets all eligibility criteria as published on the Portal.

c.   All information, materials, and documentation provided are true, complete, accurate, and not misleading in any respect.

d.   You are not violating any applicable laws, regulations, third-party rights, or contractual obligations by participating in the Program or submitting the application.

e.   If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to reject your application, terminate your account and refuse any and all current or future use of the Portal (or any portion thereof).

f.    MTN reserves the right to request documentary evidence to verify the accuracy of any eligibility information provided. Any misrepresentation or failure to meet eligibility requirements discovered at any stage, including after selection, may result in immediate disqualification or removal from the Program.

2.   Account Registration

a.   To use the Portal, you must create an account and provide accurate and complete registration information including but not limited to the following:

                      i.      Business/startup name.

                     ii.      Business/startup contact information.

                    iii.      Annual Revenue Turnover

                    iv.      Number of Employee

                     v.      Industry

3.  Use of Application Information

By submitting an application, you acknowledge and agree that:

a.   MTN may use all submitted information, including personal data, for purposes of evaluating, screening, verifying eligibility, conducting due diligence, administering, and managing the Program.

b.   MTN may share the content of your application, excluding sensitive intellectual property or trade secrets, with its internal teams, external evaluators, selection committee, strategic partners, mentors, and facilitators for the purpose of assessing your application and supporting program delivery.

c.   Submission of an application does not guarantee selection, participation, or any form of engagement with MTN, nor does it entitle you to any feedback or explanation regarding application decisions.

4.   Promotions

MTN may, from time to time, display advertisements, promotional content, or links to third-party services, products, or opportunities (“Promotions”) on the application Portal. By accessing or using the Portal, you acknowledge and agree that:

a.   MTN reserves the right to manage, approve, or remove any promotional content displayed on the portal at its sole discretion.

b.   Promotions may include content provided by MTN or third parties and may be tailored to Applicants based on usage, preferences, or business relevance.

c.   MTN does not endorse or warrant the accuracy, reliability, or quality of any third-party promotions, products, or services displayed on the portal.

d.   Your interactions with promotional content or third-party links are solely between you and the relevant third party. MTN shall not be liable for any loss, damage, or claims arising from such interactions.

e.   You may not use the portal to post or distribute unauthorized promotional materials without prior written approval from MTN.

5.  Prohibited Activities

You may not access or use the Portal for any purpose other than that for which it is designed for. The Portal may not be used in connection with any commercial activities except those that are specifically endorsed or approved by MTN.

As an Applicant, you agree not to:

a.   Systematically retrieve data or other content from the Portal to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from MTN.

b.   Circumvent, disable, or otherwise interfere with security-related features of the Portal, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Portal and/or the content contained therein.

c.   Use any information obtained from the Portal in order to harass or abuse other Applicants.

d.   Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, spamming or other material that interferes with any Applicant’s uninterrupted use and enjoyment of the Portal or modify, impair, disrupt, alter or interfere with the use, features, functions, operation or maintenance the Portal.

e.   Attempt to impersonate another Applicant or use the username of another Applicant.

f.    Harass, annoy, intimidate, or threaten any of our employees or agents.

g.   Interfere with, hack, disrupt or create an undue burden on the Portal or the networks or services connected to the Portal.

h.   Attempt to bypass any measures designed to prevent or restrict access to the Portal or any services connected to the Portal.

i.    Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up part of the Portal.

j.    Use the Portal as part of any effort to compete with MTN or otherwise use the Portal and/or the content for any revenue-generating activity or commercial enterprise.

k.   Make any unauthorised use of the Portal, including collecting usernames and/or email addresses of other Applicants by electronic or other means of sending unsolicited emails or creating accounts by automated means or under false pretenses.

l.    Notwithstanding section 5 (a) You may forward links to the Portal and redistribute our newsletter and promotional materials in print and electronic form to any person.

6.  Intellectual Property Rights (IPRs)

a.   The Portal, all related trademarks, logos, taglines, trade names, copyrights, and all other Intellectual Property (“IP”) assets, right(s), and features within the Portal are protected by intellectual property rights belonging to MTN or to its licensors. No license is granted under this agreement in respect of any such rights.

b.   MTN provides the Portal for non-commercial, non-exclusive, non-transferable, restricted personal use and the Portal may be used for no other purpose without the prior written consent of MTN.

c.   All IP in the materials submitted as part of your application remain the property of the Applicant or their licensors.

d.   You grant MTN and its affiliates a non-exclusive, royalty-free, worldwide, and revocable license to use, reproduce, store, evaluate, and share the submitted materials solely for the purposes of reviewing your application, conducting due diligence, and administering the Program (if selected).

e.   MTN will not claim ownership of your IP nor commercially exploit it without your prior written consent.

f.    You represent and warrant that you have all necessary rights and authority to grant the licenses and permissions provided herein and that your submission does not infringe any third-party rights.

7.   Non-Disclosure and Confidentiality

a.   Every information, content or incident related to the use of the Portal (“Confidential Information”) shall be treated with the utmost secrecy and confidentiality by you. Except where authorized by MTN in writing, you shall not disclose such Confidential Information to any third party whatsoever.

b.   Where Confidential Information is released to or accessed by you in accordance with the requirements as provided above, you shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of data and Confidential Information; except to a third party who is bound by a similar confidential obligation and upon prior written authorization of MTN.

c.   MTN will take reasonable administrative and technical measures to maintain the confidentiality of non-public information clearly identified as confidential at the time of submission.

d.   Notwithstanding the above, you acknowledge that:

             i.      No system is completely secure, and MTN does not guarantee absolute confidentiality of submitted information.

            ii.      MTN may be legally required to disclose certain information under applicable law or regulation.

           iii.      You are advised not to disclose highly sensitive trade secrets, algorithms, or proprietary information unless necessary for evaluation purposes, and you do so at your own risk.

8.  Selection, Participation, and Disqualification

a.   Selection into the Program is entirely at MTN’s sole and absolute discretion and subject to internal criteria and external conditions. Applicants waive any right to contest or claim damages relating to selection outcomes or decisions made by MTN.

b.   MTN reserves the right to change, suspend, or terminate any part of the Program, including eligibility criteria, timelines, or deliverables, at any time without prior notice.

c.   MTN reserves the right to disqualify or remove any Applicant or participant from the Program if:

                      i.      False or misleading information is discovered;

                     ii.      The Applicant breaches these Terms or any applicable law;

                    iii.      The Applicant’s continued participation is deemed harmful to MTN’s interests or the integrity of the Program.

9.  Publicity and Marketing

If selected for the Program, you grant MTN the right to:

a.   Use and display your name, company/business name, logo, and a non-confidential description of your business for publicity, reporting, media, and investor engagement purposes.

b.   Record and use video, audio, or written testimonials, as well as photographs or recordings of your participation, in the Program for promotional or marketing materials in connection with the Program without further approval or compensation.

c.   You agree to cooperate with MTN in promotional activities related to the Program where reasonably requested.

10.            Disclaimer and Limitation of Liability

a.   Participation in the Program is entirely voluntary and at your own risk. MTN provides no guarantees of funding, investment, commercial success, business outcomes, or partnerships.

b.   The Program, including the application portal, is provided on an “as-is” and “as-available” basis. MTN disclaims all warranties, express or implied, including but not limited to merchantability, fitness for purpose, or non-infringement.

c.   To the fullest extent permitted by law, MTN and its affiliates shall not be liable for any loss, damage, cost, or expense (including loss of data, loss of profits, or indirect/consequential damages) arising from or related to:

             i.      Use of or inability to use the application portal;

            ii.      Participation in, or exclusion from, the Program;

           iii.      Any decision or action taken based on the application.

11.             Data Privacy

a.   MTN will collect, store, and process personal data submitted through the Portal.

b.   Such information shall include but is not limited to your name, location, mailing address, phone number and email address.

c.   All personal information shall be stored, processed and dealt with in accordance with its Privacy Policy at Privacy and Data Protection Policy – MTN Nigeria and applicable data protection laws, including the Nigeria Data Protection Act (NDPA) 2023 and all applicable data privacy laws.

d.   You consent to the processing of your personal and business information as described in these Terms and MTN’s Privacy Policy for the purpose of Program evaluation and administration.

12. Portal Management

MTN reserves the right but not the obligation to do the following:

a.   Monitor the Portal for violations of these Terms;

b.   Take appropriate legal action against anyone Applicant, in our sole discretion, violates the law or these Terms, including without limitation, reporting such Applicant to law enforcement authorities;

c.   In our sole discretion and without limitation, notice, or liability, to remove from the Portal or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.

d.   Manage the Portal in a manner designed to protect our rights and property and to facilitate the proper functioning of the Portal.

13. Term and Termination

These Terms shall remain in full force and effect while you use the Portal. Without limiting any other provision of these Terms, we reserve the right to in our sole discretion and without notice or liability, deny access to and use of the Portal to any Applicant for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained in these Terms or any applicable law or regulation. MTN may, in its sole discretion, terminate your use of the Portal or delete your account and any content or information that you posted at any time without warning.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

If participation is terminated by MTN for any reason, such termination shall not affect MTN’s right to retain, review, or use any application materials submitted prior to termination for archival, evaluation, or legal purposes.

14. Electronic Communications

You agree to receive all communications, agreements and notices that we provide in connection with the Program via electronic means, including by e-mail, text, in-product notifications, or by posting them on the Portal. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your account contact information current.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Portal at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Portal. We also reserve the right to modify or discontinue all or part of the Program on the Portal without notice at any time. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Portal.

We cannot guarantee the Portal will always be available. We may experience hardware, software or other problems or need to perform maintenance on the Portal, resulting in interruptions, delays or errors. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Portal during any downtime or discontinuance.

There may be information on the Portal that may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Portal at any time without prior notice.

16. Assignment

You may not assign your rights or obligations or delegate your responsibilities hereunder without our prior written consent. If consent is given by MTN, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. MTN may, at any time, freely assign its rights, duties, and obligations hereunder without notice to you.

17. Indemnity

You shall indemnify MTN and its officers, directors, employees, servants, agents or contractors or other persons against any loss, damage, liability, claim or demand by third parties in relation to your breach of these Terms.

18. Governing Law

These Terms shall be governed by, subject to, and construed in accordance with the laws of the Federal Republic of Nigeria.

19. Dispute Resolution

In the event of a dispute or difference in connection with or in relation to these Terms or its performance, construction or interpretation, the party alleging the dispute shall provide a written notice, giving particulars of the dispute (“the Notice of Dispute”) to the other party. Dispute resolution shall be by negotiation, followed by mediation if unresolved by negotiation within fourteen (14) business days of service of the Notice of Dispute. If the dispute is still not resolved after fourteen (14) business days of it being referred to mediation, the dispute shall then be resolved by litigation.

20. Further Terms

MTN is neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, arising out of or relating in any way to your use of the Portal.

The Applicant confirms that neither it nor any of its officers, directors, employees, agents, or representatives have offered, given, solicited, or accepted any bribe, kickback, or other improper payment in connection with their application to or participation in the Program. The Applicant further warrants compliance with all applicable anti-bribery, anti-corruption, anti-money laundering, and trade sanctions laws, including the laws of the Federal Republic of Nigeria.

21. Severability

If any of the provision of these Terms is deemed not enforceable by law, all other provisions outlined in these Terms will still apply.

22. Contact Us

For any questions or concerns regarding the Program or these Terms, please contact us at:

📧 accelerator@MTN.ng

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MTN Nigeria Communications PLC. MTN Plaza, Falomo, Ikoyi, Lagos, Nigeria.