Annex II - Terms of Use

 

This document constitutes terms and conditions of Myanmar Microfinance Data Sharing Platform (MCIX) and forms an integral part of the Agreement between MMFA, ThitsaWorks and MFI User.

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Article 1. Use of MCIX

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1.1    Subject to compliance with these terms of use,  we hereby license the MCIX Portal and MCIX Mobile App to you as a User of MCIX to use by your employees in the course of your business. 

 

1.2     Only active members of Myanmar Microfinance Association (MMFA) can become users of MCIX.

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1.3    As a User, you agree that you will submit the basic data that will allow for the control and monitoring of client over-indebtedness as described in the separate “MFI data sharing protocol” document. You agree that the information you provide is accurate, truthful and complete.

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1.4    Only users who are submitting regular and complete data will have access to the data. The Administrator reserves the right to terminate access for an institution that is not submitting regular and complete data.

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1.5    As a user, you agree that we may provide notices to you in the following ways: (1) a banner notice on the Service; or (2) an email sent to an address you provided; or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

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1.6    As a user, you are responsible for your MCIX account. You agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; and (3) not transfer any part of your account to anyone. You are responsible for anything that happens through your account unless you close it or report misuse.

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1.7    As a User, you are responsible for the manner and purpose in which MCIX is used. A User shall not use the MCIX in a manner that violates Myanmar or other applicable law, or that causes a nuisance or disruption of the service to other customers of MCIX.

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1.8    Should a violation of the preceding article be noticed, the provider shall contact User and work together to find a solution. If no solution can be found or the violation is serious, MCIX committee under MMFA may take any reasonable action to end the violation.

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Article 2. Ownership of data and intellectual property

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2.1    All data uploaded by, stored by or processed by Users of MCIX ('User data') is and remains the property of the Users. Except to the extent permitted by Clause 2.2, MCIX is permitted only to store and use such data as strictly necessary for the making available of the MCIX, and then only for users of MCIX itself. MCIX shall adhere to a strict requirement of confidentiality regarding such data.

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2.2    The technical provider has the right to process data stored in the MCIX for purely anonymized statistical purposes and data analysis.

 

2.3    The technical provider shall forbid its personnel from accessing any users data, except and to the extent strictly necessary for the MCIX, the solving of problems associated therewith, the processing under Clause 2.2 or with the express permission of users. In such a case the personnel managing MCIX shall operate under strict obligations of confidence.

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2.4    The MCIX Portal and MCIX Mobile App, any updates or extensions thereto and any documentation provided by the technical provider is the intellectual property of the technical provider, including the interface design, business processes and methodologies within MCIX. A Member has no right to obtain a copy of the MCIX source code. 

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Article 3. Availability and maintenance

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3.1    MCIX shall use its best efforts to have MCIX Portal and MCIX Mobile App available at all times, but makes no guarantees as to availability except and to the extent agreed upon in the separate “Service Level Agreement” agreed in writing between the parties as part of the User Agreement.

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3.2    The provider shall use its best efforts to secure the MCIX Portal and MCIX Mobile App against unauthorized access by third parties and against theft or misuse of data. MCIX will host the data in the data center that deploy the highest level of security practices and technologies.

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Article 4. Consideration for the service

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4.1    In consideration for the license granted under article 1, User shall pay to MCIX the annual license fees specified in the User Agreement. The first payment of the fee is due on the date of contract signature with subsequent payments due on the anniversary of the contract signing.

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Article 5. Confidentiality obligations

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5.1    A party receiving confidential information from another party shall treat this as strictly confidential and use this solely in connection with its rights and obligations under the contract. 

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5.2    Confidential Information is defined as all information of which it can be assumed from the context that the issuing party would deem this to be confidential or of which the receiving party should reasonably have recognized its confidential nature from the content of the Information.

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5.3    Should a government authority demand access to confidential information, the receiving party is entitled to grant such access. However, to the extent permitted by applicable law the receiving party shall contact the disclosing party prior to doing so. The receiving party shall never be liable for granting access if legally obligated.

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Article 6. Limitation of liability

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6.1    MCIX shall use all reasonable care in the compilation of the information which forms any part of the Services. However, responsibility of the accuracy of information submitted by users rest with the submitting user. By using the Services, you may encounter information that might be inaccurate, incomplete, delayed or misleading. The information and data is provided on an “AS IS” and “AS AVAILABLE” basis. You agree that MCIX is not responsible for Users’ information or data or for any damages as result of your use of or reliance on it.

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6.2    If a force majeure event gives rise to a failure or delay in either party performing any obligation under this User Agreement, that obligation will be suspended for the duration of the force majeure event. "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and war.  In case of force majeure the affected party will use its best efforts to find a suitable remedy or alternative source to overcome said force majeure.

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Article 7. Duration and termination

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7.1    User may terminate the User Agreement at any time by providing six months' written notice to MCIX committee. No fees will be refunded. MCIX committee may terminate the contract on the end period specified in the contract, provided at least six months’ written notice is given to User. 
 
7.2    In case a party willfully or negligently fails to comply with any material obligations under the contract, the other party may terminate the contract at any time, but only after the party that failed to comply has not remedied the failure within a reasonable time period after having received a written notice of default that is adequate and as detailed as possible.

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Article 8. Changes in pricing or terms

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8.1    MCIX committee may change or add to these terms of use as well as the fees referred to above once every calendar year. Increases in fees may not exceed 8% per calendar year. Changes to the terms and fees will be approved by a MCIX committee appointed by MMFA. 

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8.2    MCIX must announce such changes in writing at least six months prior to the date such changes or additions are to have effect.

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8.3    Should Users disagree with the changes or addition; User may terminate the User Agreement at the moment the changes or additions are to have effect.