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Terms and Conditions

Prepaid

1. Definitions We, our or us – ATOM Myanmar Limited.

You or your - you, the customer.

Agreement - these conditions, your price plan and the price plan guide.

Charges - all charges for services, as published in our price plan or which we otherwise provide. These include the usage charges and any other charges for the services we provide to you or someone using your mobile equipment.

Mobile equipment - your mobile phone or other equipment and the SIM card used to access the services.

Network - the electronic communications systems we use to provide the services in Myanmar.

Price plan - the package of services you have chosen to receive which you can ask us for by calling 979, or by visiting our website.

Price plan guide - the terms and charges which apply for your price plan available by calling 979 or by visiting our website. We reserve the right to update the priceplan from time to time.

Services - the communications services you receive through the network and other services we may make available to you.

2.Prepaid SIM Lifecycle

After first SIM registration step, you require to make the first call, SMS, USSD or by topping-up within 180 days. If the SIM card is not activated within 180 days, the SIM card will move to “Cooling Stage” where both Inbound and Outbound calls are restricted. After successful SIM activation with First Voice Call or SMS or USSD or Top-up, your SIM will active for 60 days only and next recharge within 60days will extend your SIM and balance for 365 days validity from the date of recharge.

If a Top-up has not been made within 60 days after your first voice call or SMS or USSD initiation, your SIM will be in Suspend state (one-way block) starting from the 61st day after your first voice call or SMS or USSD initiation. In Suspend state (one-way block), the outgoing calls, SMSes and all other chargeable services of your SIM will be barred. If the SIM has been recharged (within 30 days in suspended state) then this SIM will move into ‘active’ state from ‘suspend’ state.

If a recharge has not been made within 30 days after the SIM goes into suspend state (one-way block), all calls (incoming/outgoing), SMSes, and all other chargeable services will be barred in disable state (two-way block) starting from the 31st day. However, if you make a recharge within 30 days after the number goes into suspend state (one-way block), your balance will valid, and SIM will active for 365 days from the date of recharge.

If a recharge has not been made within another 60 days after going into ‘disabled’ state (two-way block), all balance will be forfeited and the number will go into a ‘pool’ state (cooling state). In the Pool State (cooling state), all services of the SIM (phone number) will be disabled, and it will not be possible to make a recharge and move into “active” state. However, if you make a recharge within 60 days after the number goes into disable state (two-way block), your balance will be valid for 365 days from the date of recharge.

All numbers in ‘pool’ state (cooling state) will remain inactive for 60 days before being released for recycling.

Therefore, we would like to encourage you to regularly top-up and use your number to keep your ATOM line active. Everytime when you recharge your SIM, SIM validity will increase to 365 days period. But Your SIM card will be expired and moved to Suspend state (one way block) on the 366th days from the last recharge date. At this state, your SIM will be Suspended (one-way block) if you have not made the recharge within 365 days from the last recharge date.

***As per the Ministry of Transport and Communications’ Numbering Rules Section 15 (A)9, users must bring their number into service within 180 days in order to prevent number hoarding. Failure to do so may result in reallocating the inactive numbers to new users. ***

3. Services and coverage

3a. You agree to keep to this agreement, when:

  • you first top up your account with us; or
  • use the services whichever happens first.

3b. We aim to provide you with the services at all times. However, due to the nature of mobile technology, it is impossible to provide a fault-free service.

3c. We will use reasonable efforts to give you access to networks in other countries. We call this ‘roaming’. Overseas networks may be limited in quality and coverage. Any access to overseas networks will depend on the arrangements between us and the foreign operators. Please call 979 or visit our website for details.

4. Using the services

4a. You must keep to this agreement and our instructions on using the services. You are responsible for anyone who uses your mobile equipment.

4b. You must not use your mobile equipment or the services for any purpose we believe is abusive, illegal, fraudulent, a nuisance or for criminal activities.

4c. You must not sell to anyone else all or any part of the services.

4d. We will choose a number for you to use with your mobile equipment on the network. The number does not belong to you. We may need to change your phone number or other number. If you have registered with us, we will let you know if this is the case.

4e. The SIM card does not belong to you and we are licensing it to you to use with the services only. We may change your SIM card or tell you to return it at the end of this agreement. If you need a replacement SIM card, we will charge you the price set out in our most current price plan.

4f. You may use the services to access the internet but we accept no responsibility for any content or services you may access.

4g. You must only use mobile equipment which is legally approved for connection to the network.

4h. We may decide to refuse to provide any part of the services to you. For example, we may bar you from using overseas networks and from making international calls or premium-rate calls. If you feel that we should not bar you in this way, please call 979.

5. Payment

5a. You will pay for each call according to the rates set out in the relevant price plan. We will add calling credit to your account when we accept the top-up in line with the rules relating to the service or the price plan.

5b. You pay for the services by topping up your account with us. You do this by buying top-ups. We will not repay any top-ups you make or pay you any interest on any credit you have with us. Each time you use the services (or someone else uses them using your mobile equipment), it reduces your credit balance on your top-up account. Except in the case of an obvious mistake, our records show how much you have topped up your account and how much you have used the services.

5c. We will charge VAT if it applies. If you owe us any money and you do not pay this when it should have been paid, we may take this from any credit balance on your top-up account or from any debit or credit card details you have given us. We may also charge you interest on the unpaid amount. We charge interest daily at the rate of 4% above the base lending rate of the Central Bank of Myanmar.

6. Losing the mobile equipment

If your mobile equipment is stolen, damaged, destroyed or lost, we do not have to give you any refund for any services that you have paid for in advance or for the cost of the mobile equipment. You must contact us immediately so that we can prevent any further calls being made from your handset.

7. Suspension, disconnection and ending the agreement

7a. We can suspend (in other words bar), restrict or stop providing the services (all or part of them) in the following circumstances:

If we believe your mobile equipment or the services are being used in a way we do not allow under this agreement.

If we believe that the right to use any number or password used in relation to the services or your mobile equipment is or has been gained in an unauthorised, illegal, improper or fraudulent way.

You choose not to use the service for 180 days. Using this service means making any chargeable outbound calls (but not calls to our Customer Care number) or topping up your account. Your account will be suspended if you choose to not top up for 365 days.

If you do not keep to this agreement.

If we believe that when you have topped up (or have tried to top up) your service, you have paid or are trying to pay using a stolen or otherwise barred or false debit or credit card or if the debit or credit card transaction is at some time charged back to us. In these circumstances, we may also:

bar the mobile equipment for outgoing service; or

bar the mobile equipment number so that it is no longer available for use for top-ups with the top-up line or other electronic facility. We may remove the bar when we have been paid the amount you owe us.

If you tell us that your mobile equipment has been lost or stolen.

If you do anything (or allow anything to be done) which we think may damage or affect the operation or security of the network or the services.

If you become bankrupt or make any arrangement with your creditors or you go into liquidation or if an administration order is made or a receiver is appointed over any of your assets.

If we are permanently unable to provide the services to you.

If the emergency services or authorities require us to, or a law or regulation is passed which means we need to do so.

7b. We will, if you top up to your number that move into suspend state, within 30 days of the suspension (one-way block), reconnect the services and make available any previous credit held on your SIM/account at the time of the suspension.

If you have not kept to this agreement, and we disconnect your SIM, you will lose any remaining credit in your account. If you have not topped up your account within 30 days from suspension, we will disable (two-way block) your account. At this state, you will lose your number and remaining credit in your account.

There are two different state of SIM can reach to suspended (One-way block) state.

  • 1) After activation (within 60 days), subscriber need to top-up and get 365 days validity. Exceed 60 days without Top-up, subscriber SIM will move to suspended (One-way block) state.
  • 2) Already active with (365 days) validity, subscriber need to top-up and get 365 days validity. Exceed 365 days without Top-up, subscriber SIM will move to suspended (One-way block) state.

7c. We will try and tell you when we suspend, restrict or end your use, but we do not have to.

8. Variations

8a. We may change our charges or introduce new charges. If we increase our charges, we will give you at least 30 days’ notice in a way which we consider is reasonable, for example by sending messages using the services. If we believe any change in our charges will not disadvantage you, we may do so without informing you in advance.

8b. We may make changes to or withdraw services at any time and we can make changes to or introduce new terms to this agreement at any time. If possible we will give reasonable notice of these changes. The changes will apply when we publish details of them in a way which we consider is reasonable, for example by sending messages using the services.

8c. By continuing to use the services, you agree to these changes. If you are not happy with any of these changes, you do not have to continue to top up your account or use the services.

9. Legal responsibility and exclusions

9a. We will be legally responsible to you if our negligence causes death or personal injury. We will not be legally responsible to you for:

  • loss of income or profit;
  • loss of use of the services;
  • lost business or missed opportunities; or
  • any loss or damage that is not directly caused by us or which we did not reasonably expect at the time you entered into this agreement.

We will not be legally responsible to you if we cannot provide the services because of something outside our reasonable control.

9b. Unless our negligence causes death or personal injury, our liability to you will not be more than Kyats 500,000 for each claim or a series of related claims.

9c. If you are a consumer, the terms of this agreement will not affect any rights which you may have under any law and which we cannot exclude by agreeing it with you.

10. Personal information

10a. Including SIM registration process, we and our group companies may use your information to:

  • Manage your account, carry out customer-care activities and train our staff, including monitoring calls, emails or text messages that you send us;
  • Monitor the quality and security of the network and test and maintain our IT systems;
  • Analyse your use of the services for marketing purposes, including, but not limited to, the calls and messages you send and receive and your location at the time
  • these communications take place, as well as your browsing history and use of our websites;
  • Send to the emergency services (if you make an emergency call), including your approximate location;

Contact you with marketing messages if you have not objected. These messages may include marketing from other organisations, but we will not pass responsibility of your information to these other organisations. If you do not want to receive marketing messages from us, please contact us through our website or by calling 979.

10b. Your details may be published in any directory or directory-enquiry service we or third party service providers may offer. If you do not want to have your information included in these services, you should contact us.

10c. For more details on how we use your information, please read the privacy policy on our website.

11. General

11a. We may transfer this agreement to anyone else at any time. If you want to transfer your agreement with us, you can if we agree. We will not unreasonably refuse the request. If we agree, we will treat you as having accepted this agreement and being responsible for the mobile equipment, including any debt connected with it.

11b. If you or we fail to enforce rights under this agreement, it will not prevent you or us from taking further action.

11c. When you use your mobile equipment, your number may be shown to the equipment you are contacting. Your number will always be shown if contacting an emergency services.

11d. If you have a complaint, please contact us. We will do our best to sort out your issues. You or we may bring legal proceedings in a court in Myanmar to sort out a dispute under this agreement.

11e. This agreement is under Myanmar law.

Contact us by

Email : care@atom.com.mm

Phone : +95(0)9790097900 or 979 from ATOM customers.

Registered in Myanmar, number 387 FC/2013-2014.

Head Office: No.221, Level 17-22-23, Sule Pagoda Road, Kyauktada Township, Yangon, 11182 Myanmar.

Product

Definitions

We, our or us ATOM MYANMARMYANMAR LIMITED.

You or your means, you the customer.

Float means electronic top up.

PAYG Pay As You Go.

IVR means Interactive Voice Response, the system that can automatically answer a call and interact with the caller who can navigate through menus, get information and order products via input from the phone’s keypad.

USSD means Unstructured Supplementary Service Data, which can be used to send command and order products, by dialing a code as a string, such as *124#.

SIM card & Phone number

Start Up Kit

The Start Up Kit (SUK) includes your ATOM MYANMAR SIM card, your ATOM MYANMAR mobile number, a customer application form (CAF) and information about how to get started. Included benefits upon activation.

When buying a Start Up Kit (SUK), the SIM card may come with some benefits included. The validity of these benefits is detailed in the welcome SMS and details can be found at our points of sale or on our website www.atom.com.mm . The benefits may have a shorter validity than the main account itself.

SIM card

We offer SIM cards, which can be used as, micro or nano SIM. All points of sale will have SIM cards with and micro combo-SIMs. Nano SIM cards are available in select stores only. ATOM MYANMAR branded shops will offer replacement SIM cards if your SIM is lost or damaged. We cannot be held responsible if you have damaged the SIM card in an unauthorized manner. The replacement SIM card has a fee, which will be paid by you to the retailer. The price of SIM is only for the physical SIM that you will use to get access to the ATOM MYANMAR voice and internet services. The service fees you consume are not included when you buy the SIM card. You have to pay service fees separately when you get a SIM card.

Account Validity

Account refers to any account of a Customer with ATOM MYANMAR regarding any Telecommunication Service that related with SIM including recharge balance (or) data balance (or) any chargeable services balance. The validity of your account after first call activation is 60 days. After successful account top up (monetary recharge of account), your validity will be extended to 365 days from the date of top up. If you do not top up your account for 60 days, your account will be suspended (One-way block). When the account is suspended (One-way block), outgoing activity such as outgoing calls, outgoing SMS and internet access will be barred. Any counting of accumulated usage (such as remaining internet data plan/usage, bill amount) will be forfeited and cleared when the account is suspended. You will still be able to receive calls and SMS when your account is suspended. Upon successful top up within 30 days of entering suspended state, the account is reactivated and unbarred and validity will be renewed to 365 days from the date of the most recent top up.

If account is not topped up within 90 days of being suspended (One-way block), the account will be disabled (Two-way block). When the account is disabled both outgoing and incoming activity, such as outgoing calls, incoming calls, outgoing SMS, incoming SMS and internet access will be barred. Upon successful top up within 60 days of entering disabled state, the account is reactivated and unbarred and validity will be 365 days from the date of top up.

If account is not topped up for 60 days after being disabled (Two-way block), the account will be quarantined (Cooling). When the account is quarantined, any remaining account balance will be forfeited. We reserve the right to assign the mobile number to another customer after an additional 60 days.

Network services

ATOM MYANMAR ’s products and services are provided subject to network availability and functionality in the specific location of the customer at any given time. You are not entitled to any refund of charges incurred or any other compensation due to any unavailability, instability or malfunction of the mobile network.

Onnet, offnet and anynet

Within Myanmar, usage of services such as voice calls and SMS/MMS can be differentiated into onnet, offnet and anynet. Onnet refers to service both originating and terminating in ATOM MYANMAR’s network, such as calls made from one of our customers to another of our customers and SMS or MMS sent from one of our customers to another of our customers.

Offnet refers to services used from our customers to non-ATOM MYANMAR customers, such as calls made from one of our customers to a non-ATOM MYANMAR customer and SMS or MMS sent from one of our customers to a non-ATOM MYANMAR customer.

Anynet refers to use of service irrespectively of recipient’s network operator and would in the examples above include both offnet and onnet service usage.

SIM Tool Kit menu

ATOM MYANMAR SIM cards have a dynamic SIM tool kit menu (STK) embedded in the SIM card. On the device it may be accessed through different menus depending on the device type. The STK can be used on both prepaid and postpaid SIM cards and menu has both Myanmar and English language option. Using the STK menu is free of charge but some of the services that you subscribe through STK is charged as per the specific product or service terms and conditions.

Phone numbers

Number format

Our customers officially have an 11-digit number, which starts with 0979. In some instances customer may have to use only 10 digits (leaving out the 0). The 10 digit number can be dialed using a prefix of 0, +95 or 0095. Call charges will be the same no matter which format is used to initiate the call. For some devices, it is recommended to save number with both prefix +95 and with 0 in the phonebook to ensure the mobile phone can recognize who is calling. We cannot be held responsible for any misunderstanding due to the varieties in the number format in notifications and information sent to you.

Vanity & Choice number

We offer different categories of vanity numbers which each are priced according to the attractiveness of the number. A vanity number has to be chosen at the time of activation and additional charge shall be paid to the retailer at the time of SIM purchase. You might need special approval from us to take a certain number. Choice numbers are non-vanity numbers which are not in use and which the customers picks himself before the first time activation. Vanity and choice numbers are available at ATOM MYANMAR branded stores.

Top up & Balance

Top up card

We offer monetary top up (recharge) value on physical scratch cards in specific denominations. You can top up using either USSD code or IVR. To top up using USSD, press *123*Password# followed by the call button. To top up using IVR call 979 and follow the instructions. The new balance will be announced or sent via SMS after top up is successfully completed. Each top up card can be used one time. Purchased top up card credit is non-refundable and non-transferable. Top up card credit utilization is only valid for ATOM MYANMAR products and services such as voice, data, and content services. The top up card is valid until the date printed on the scratch card and has to be activated before this date. Following activation of the top up card, a validity will be applied to the credit as detailed in the balance notification.

Top up via Eload

Eload is an electronic top up which can be done from any ATOM MYANMAR outlet. You can visit any authorized ATOM MYANMAR retailer to top up your mobile account by giving your mobile number and paying directly to the retailer. The retailer will top up for you with his special Eload SIM card. You will get the updated balance once the top up process is completed. The value transferred through the Eload can be used only once. Purchased top up card credit is non-refundable. Top up credit utilization is only valid for our products and services such as voice, data and content services provided by ATOM MYANMAR or independent 3rd parties through our network.

Balance check

Balance check functionality is available to query information about account balance and received benefits. Main account balance can be queried through USSD command *124# which will display the main account balance in handset display. You can query subaccounts with free or prepaid benefits through the USSD command *124*1#. This extended balance is then shown as USSD or sent as SMS. Balance check functionality is subject to network and system availability. We cannot be held responsible for any loss incurred due to unavailability of the balance check functionality. The balance is shown in whole Kyat value for ease of use, but systems will keep track of exact decimal balance which can be queried through our call center.

Low balance notification

If your main account balance falls below 200 Ks, we will notify you to top up soon. The notification will come at the first call initiated after the balance falls below 200 Ks. Internet access will be automatically barred when balance reaches 200 Ks to ensure that you has enough balance to make a voice call.

Mobile Voice and SMS

General

Benefit buckets/ included units

Benefit buckets are used to hold benefits included in packs such as voice minute packs, SMS packs, data packs and other packs. The benefits included in a pack can be restricted to certain usage, e.g. Onnet SMS can only be used to send SMS to other ATOM MYANMAR numbers. Upon usage of a specific service the specific usage will be deducted from the benefit bucket rather than charged to the customer’s account. Upon depletion of the bucket, i.e. for any usage beyond the benefits included in the bucket, the usage will be charged as per the applied price plan and deducted from the main balance. You may not receive a notification when the pack is depleted. The benefit buckets must be used within the given validity. Any benefits remaining in the bucket after expire of validity will be forfeited and will not be refunded. Although the benefits have been used and the charging thus following the active price plan, a query of the active packs, e.g. through USSD menu, may still show packs as active, although they are empty and thus not applicable.

Auto-renewal

We may offer services which are auto-renewed after a period of time. In this case, the specific terms and conditions for the product will specify how the auto-renewal is done. For most services, you will receive an SMS notification one day before the service will be automatically renewed. If you do not unsubscribe at this time, the service will be automatically renewed and the price for the next period of time will be deducted from your main account. If you do not have enough balance in your account to renew a specific service, you will be unsubscribed from the service. Specific products may have a different auto-renewal procedure which will be detailed in the product specific terms and conditions.

3rd party use

Our SIM card is intended for private person use only and we reserve the right to disconnect customers who are using the connection for any 3rd party usage such as reselling our services or allowing any 3rd party to use the service regardless of terms.

Tax

We will have the right to pass end user government taxes to you. The price will always be communicated so it is clear which is the amount excluding and inclusive of tax.

Voice call

All our Voice SIM cards will be enabled to use voice services such as making calls to mobile, fixed or international numbers. Unless specified in the price plan otherwise calls are charged on a time basis in intervals of 20 seconds and are rounded up to the nearest multiple of 20 seconds. Different charging principles can apply for respective number groups (e.g. international calls, premium charged numbers). We do not charge a call setup fee and the call will only be charged when the connection has been successful.

It is not possible to make an anonymous call, i.e. it is not possible to prevent the receiver’s ability to see your number. The receiver’s ability to see your number is subject to functionality of the receiver’s handset.

Calls to Customer Center

You can call our Customer Center from any ATOM MYANMAR SIM by dialing 979. From abroad or from other numbers, you must call +95(0)9790097900. Calls to the Customer Center IVR are free of charge. If you choose personal assistance from a Call Center agent, you will be charged according to your price plan.

Post call notification

You can receive post call notifications as USSD notification which gives customer information about the most recently terminated call. The notification will contain the call cost, call duration and the remaining balance in your account. If you have any free minutes in your account, these will be used first and the call cost will be displayed as 0.00 Ks.

You must note that if an internet session is active on the handset while the call is being made, the system may automatically reserve some credit for the active session which will be indicated when the post call notification displays the main account balance. This may lead to an inaccurate account balance being displayed in the post call notification. Balance query through *124# USSD will at all times display the actual balance remaining in your account.

Peak/off peak hours

Some products and services may have different prices depending on the time of day or the day of the week. Specific products may define their peak and off-peak hours differently, which will be informed in the specific product or service’s price plan terms and conditions.

Default network services

Call hold

You can put an ongoing call on hold while answering another call. If you initiated the call, the charging of the initial call will continue as per applied price plan, while the second call is being answered. You can use this service without registering in advance, but actual functionality can be handset dependent and service is subject to handset support.

Conference call

We allow conference calls by adding additional callers into an ongoing call. Up to five people can join a conference call. If you add people to the conference call you will pay for each initiated call separately as per the applied Price Plan. You can use this service without registering in advance, but actual functionality can be handset dependent and service is subject to handset support. Conference call can only be made within Myanmar, not while roaming abroad.

Call divert

Call divert allows you to redirect incoming calls (which are not answered) to voicemail or a designated mailbox. See terms and conditions for Voicemail under VAS section. You may be charged for diverting the call. You can use this service without registering in advance, but actual functionality can be handset dependent and service is subject to handset support.

Call forwarding

Call forwarding allows you to forward your incoming calls to another phone number. You will be charged for the call forwarding in the same way as if you made the call. You can use this service without registering in advance, but actual functionality can be handset dependent and service is subject to handset support.

Messaging

SMS

Each SMS is charged on submission as per the applied price plan. An SMS is limited to 160 characters in English language or approximately 70 characters in Burmese language (SMS in languages other than English are handset dependent features). If an SMS will be more than 160 characters, it will be charged as one SMS for each 160 characters or part thereof. SMS are sent via the ATOM MYANMAR SMS central (SMSC). Our SMSC number is +959790000600 and will be stored automatically in the handset when using ATOM MYANMAR SIM card. If the customer manually changes this number, the SMS service will not work.

Internet

Internet service - pay as you go

The SIM is activated to use data services by default. Data is charged based on volume downloaded and is charged in intervals of 100KB and is rounded up the nearest whole 100KB. If you want to disable internet, you can send an SMS with ‘internet off’ to 500. If you wish to re-enable internet, you can send an SMS to 500 with ‘internet on’. You may need to restart your phone for the change to be effective.

Internet speed

The speed announced is a maximum speed and actual speed may vary depending on multiple factors such as total internet use by other customers on our network, servers accessed, distance to mobile network tower and handset/device used to access the network. We cannot guarantee service availability or a certain speed and cannot be held accountable if a certain speed is not delivered.

We use both 3G and 4G technology to deliver internet. In areas with only 3G coverage, the maximum speed is the maximum 3G speed.

Excessive data usage, peer to peer and VoIP data usage.

The data services are provided for personal use only and reselling or renting or otherwise offering to 3rd parties are not allowed. We reserve the right to block usage and/or disconnect you if usage is significantly above average usage of high end users (e.g. 1 GB per day). We may monitor or log usage for technical use. We may block access to tethering services, VoIP services and any content deemed illegal or inappropriate. We may block or throttle P2P traffic, excessive file sharing or FTP traffic. We may block or throttle certain traffic types at certain times to avoid network congestion.

Data packs

Data packs must be used within the given validity. Any data not used within the stated validity period will be forfeited and will not be refunded. When a data pack is exhausted or expired, you will return to your price plan internet charging unless the pack is automatically renewed (auto-renewed). If a pack is renewed automatically, you will be notified in advance before the auto-renewal will happen. A specific data pack can have a separate speed profile which can change the available speed for the customer to a speed that is higher or lower than the default product. If you buy more internet packs with same speed, they will stack up meaning the quota will be added. If you buy packs with different speeds, the pack with the highest speed will take preference and will be used before the pack with the lower speed. This can mean that the slower pack may expire while you are using the faster pack.

URL-based packs

A URL-based pack is a product where the data consumed using a specific app or through a specific URL is included in the subscription. Example could be a Facebook pack with a certain quota to be used within a certain time.

Internet settings

You must have the correct internet settings (APN) stored in your handset to be able to use ATOM MYANMAR internet service. New customers will receive settings automatically if the handset can support automatic settings. If not, then you will receive an SMS with instructions on how to set the APN manually. The APN for internet use is ‘internet’.

WAP

WAP is charged per data usage incurred as per the data price in the applicable price plan. WAP and internet traffic are charged at same rates.

International Services

International voice call and SMS

All ATOM MYANMAR customers can use international services such as making calls and sending SMS to international numbers. Charges apply as per destination list. Rates are charged on a time basis in intervals of 20 seconds. ATOM MYANMAR reserves the right to change the rates at its discretion. Updated rates will be available on our website www.atom.com.mm . All international services are offered subject to the availability of our services to the given destination as well as the availability of the destination network.

Barring/Unbarring

You may choose to bar international services by calling our call center. ID check might be required to perform these operations. We are entitled to dismiss such request in case ID check is not deemed satisfactory.

SMS will be charged per unit. We cannot be held responsible for SMS delivery failure to international networks, e.g. in case of a network fault at the recipient end. You will be charged upon submission of the SMS. You can receive calls and SMS from international numbers including credit card or app confirmations. Confirmation SMS depends on whether the sending party has an agreement with us to deliver traffic to our network.

International Roaming

As a default, you can use international roaming services. Charges apply as per destination list. Rates are charged on a time basis and are rounded up to the nearest whole minute. We reserve the right to determine whether or not you are eligible for and will be offered international roaming service. If we choose to offer postpaid price plans, you shall produce for inspection a valid passport upon application for the International Roaming Service. You may, at our discretion, be offered a credit limit in respect of charges incurred in using the International Roaming Service and/or International Direct Dial Service. You may request for a higher credit limit and we may grant the same at the subject to specific conditions defined by us.

You shall promptly and in any case within 24 hours, report to us any lost or stolen SIM Card or mobile phone. Until such a report has been received by us, you will be liable for all charges incurred.

We reserve the right to bar outgoing roaming activities if fair usage policy is not kept and excessive usage is reported. You may choose to bar roaming services by calling 979. ID check might be required to perform these operations, and we are entitled to dismiss such request in case ID check is not deemed satisfactory.

International Balance Transfer

With International Balance Transfer, ATOM MYANMAR subscribers can receive airtime transfer from subscribers of other selected networks outside of Myanmar (list of participating operators is non exhaustive).

We are not responsible if balance is sent to a wrong number. No refund will be provided by us. Our customers can only receive balance. It is not possible to transfer airtime from within Myanmar to other countries. Specific denominations will be offered at the sender’s end and a processing fee will be applied aligned with local conditions of the sender’s mobile operator. We are not charging any fee for receiving the airtime. We are not responsible for the charges applied to the sender.

Our subscribers are receiving credit for airtime purpose only. The airtime received via balance transfer is not redeemable as cash.

Value Added Services (VAS)

SMS-based Services

SMS-based Services are content pushed via SMS (e.g. news or sports updates). For Annual Subscription based VAS services, your weekly Installment payment amount (inclusive of tax) will be deducted from your account till you unsubscribe the service. You can cancel your subscription any time with FREE of cost. We are not responsible for the contents of the text based services.

The content provider is an independent third party to us and the content provider has the sole responsibility for the contents. We have the right to temporarily prevent access or terminate the SMS based services when necessary without notifying the subscribers in advance. We reserve the right to use the customer information obtained from such services for various purpose including but not limited to customer service, new service development, business intelligence, customer lifecycle management, promotion, marketing and advertisement of other services.

Missed Call Alert

You need to subscribe to Missed Call Alert service to use it. The service is free of charge.

You cannot subscribe to Voice Mail service, if you are already subscribed to Missed Call Alert. You must unsubscribe from Missed Call Alert before subscribing to Voicemail service.

If you are roaming, the availability of Missed Call Alert service varies subject to the capabilities of the foreign network to which you are connected.

Domestic Balance Transfer

If you are the sending party for Balance Transfer, you will pay a processing fee which will be deducted from your main account in addition to the transferred amount. Balance transfer can be done even if you are outside Myanmar and using roaming.

You agree to use the balance transfer service for lawful purpose only. We reserve the right to change the service model, fee, access channel of the service at any time without prior notice. There will be a minimum and maximum amount which can be transferred through Balance Transfer. We reserve the right to limit attempts of balance transfer or actual balance transfers done by you in a given period. You can only transfer balance to another of our subscriber, and not to subscribers of other operators.

Call Me Back

Call Me Back service is a USSD based service to request a call from another party when you are out of balance. The Call Me Back service sends an SMS to a specific phone number requesting the user to call you back. We reserve the right to block access to the service for you if usage is above a certain limit per day or per week or per month.

You agree to use the Call Me Back service for lawful purpose only. The service is free of charge. The party calling you back will incur charges as per agreement with that party’s operator. We reserve the right to change the service model, fee, access channel of the service at any time without prior notice. We will not be responsible if the receiving party does not call back or does not receive the SMS in a timely manner.

USSD menu

You agree to use USSD service to activate and/or subscribe to other services. We reserve the right to change any service on the USSD menu at any time without prior notification. You agree to pay for the services in USSD menu as decided by us or as per applicable price plan. We reserve the right to change prices of any service in USSD menu at any time. You access the USSD menu by dialing *979#.

Device & Handset

Handset bundle

We may provide device product bundles which gives you benefits in terms of free units from us when buying select devices through ATOM outlets. Benefits will be paid out deferred every month for a period of time depending on the bundle. Within 72 hours of taking the phone in use with ATOM SIM card, first activation of bundle will be delivered. Only the 1st paired ATOM SIM card ATOM SIM card will get bundle benefits for consecutive 6 months. A month will be counted from the 1st bundle paired date; not as calendar month. Free units will not be transferable to next month.

After sales & support

Devices bought in our outlets will be covered by a warranty which means that you will receive service and after sales support in case there is a problem with the device. In some cases our designated service partner may choose to repair or replace the phone depending on the specific case.

Warranty card is included in the box with device and/or accessories. Warranty card Terms & Conditions for device after sales service will apply. You can visit any repair service center available for customers as mentioned in the warranty card.

The above terms and conditions apply to both Prepaid and Postpaid otherwise separately mentioned under Postpaid only terms and conditions below.

Postpaid

SIM card & Phone number

Account Validity

The validity of your account is subject to your payment of your invoices. The monthly invoice is made after the end of each bill cycle. The invoice is due by the 21st day after the invoice is made. We reserve the right to charge a late payment fee, if you have not paid the bill by the due date.

If you have not made a payment by the end of the next bill cycle, your outgoing services and any chargeable services, such as outgoing calls, outgoing SMS, internet access, VAS services, incoming roaming, will be barred.

If the payment is not made before the 60th day of the invoice date, the account will be disabled and both outgoing and incoming services such as outgoing calls, incoming calls, outgoing SMS, incoming SMS, internet access and any chargeable services will be barred. If payment is not done on the 90th day from the invoice day, the account and phone number will be closed. After the 90th day, the customer is not able to get the same phone number again and has to register again for the services.

Vanity & Choice number

Choosing a vanity or choice number is only possible when activating a prepaid number, but a prepaid vanity or choice number can be converted to postpaid.

Top up, Balance and Credit Limit

Balance check

Balance check functionality is available to query information about credit balance and received benefits. Credit balance can be queried through USSD command *124# which will show the available credit in handset display. You can query subaccounts with free or postpaid benefits through the USSD command *124*1#. This extended balance is then shown as USSD or sent as SMS. Balance check functionality is subject to network and system availability. We cannot be held responsible for any loss incurred due to unavailability of the balance check functionality. The balance is shown in whole Kyat value for ease of use, but systems will keep track of exact decimal balance which can be queried through our call center.

Security deposit

At any time before or during the provisioning of the service, you are required to pay a security deposit to us to activate the postpaid services which is refundable upon termination of the agreement after deduction of any outstanding invoices. The amount of the Security Deposit shall be any amount required by us.

Credit Limit

When you activated your postpaid number, a credit limit will have been applied to your account. This credit limit is one of the conditions of your account, and is the total amount you are allowed to spend on your account without additional payment. You will be notified via SMS when you have used 80% and 90% of your credit limit. Once you reach your credit limit, you will not be able to make any chargeable activity such as outgoing call, outgoing SMS or internet access until next bill cycle starts. However, if you have benefits such as free minutes, data or monetary, you will be able to make calls or use the internet.

Mobile Voice and SMS

General

Benefit buckets/ included units

Benefit buckets are used to hold benefits included in packs such as voice minute packs, SMS packs, data packs and other packs. The benefits included in a pack can be restricted to certain usage, e.g. onnet SMS can only be used to send SMS to other ATOM MYANMAR numbers. The benefit may also be a monetary value that can be used for chargeable activities. Upon usage of a specific service, the specific usage will be deducted from the benefit bucket rather than charged to the customer’s account. Upon depletion of the bucket, i.e. for any usage beyond the benefits included in the bucket, the usage will be charged as per the applied price plan and deducted from the credit balance. You will receive a notification when the pack is depleted. The benefit buckets must be used within the given validity and will be refreshed every bill cycle. Any benefits remaining in the bucket after expire of validity will be forfeited and will not be refunded. Although the benefits and packs have been used and charged according to the active price plan, a query of the active packs, e.g. through USSD menu, may still show packs as active although they are empty.

Auto-renewal

We may offer services that are auto-renewed after a period of time. In this case, the specific terms and conditions for the product will specify how the auto-renewal is done. For most services, you will receive an SMS notification one day before the service will be automatically renewed. If you do not unsubscribe at that time, the service will be automatically renewed and the price for the next period of time will be deducted from your credit balance. If you do not have enough credit in your account to renew a specific service, your service will be suspended until there is sufficient credit. Specific products may have a different auto-renewal procedure.

Post call notification

You can receive the post-call notifications as USSD notification which gives customer information about the most recently terminated call. The notification will contain the call cost, call duration, and the available credit. If you have any free minutes in your account, these will be used first and the call cost will be displayed as 0 Kyats.

You must note that if an internet session is active on the handset while the call is being made, the system may automatically reserve some credit for the active session which will be indicated when the post-call notification displays the main account balance. This may lead to an inaccurate account balance being displayed in the post-call notification. Balance query through *124#, USSD will at all times display the actual balance remaining in your account.

Internet

Data packs

Data packs (also called internet packs) must be used within the given validity. Any data not used within the stated validity period will be forfeited and will not be refunded. When a data pack is exhausted you will return to your normal default internet charging until 30 days from the time of subscription where the pack is automatically renewed (auto-renewed). You can only subscribe to one internet pack at a time. The internet pack will automatically be renewed after 30 days from the time of subscription and this cycle may not follow your monthly bill cycle. If you use up your existing internet pack and want to subscribe to a new internet pack before 30 days from the time of subscription where the pack is auto-renewed, please contact our Call Center. To change to a different internet pack or to unsubscribe from your existing internet pack, please contact our Call Center.

CAF Form

This is the Customer Application Form (CAF) mandatory for all customers to fill in advance of buying an ATOM MYANMAR SIM card. When you sign up for an ATOM MYANMAR SIM card, you need to also provide original NRIC/Passport (only for foreigners).

ATOM MYANMAR branded shops and point of sale at major cities are offering/availability of digital registration for Customer sign up with original NRIC/Passport (only for foreigners). Please contact us through the website or 979 from ATOM MYANMAR number or 9790097900 from other operator numbers for stores location details.

You can register your sim card with original NRIC/Passport (only for foreigners). SIM Registration can be done with no charges at all. Ask the point of sale if you have any doubts or queries.

Terms and Conditions of ATOM MYANMAR Payment Services

The use of ATOM MYANMAR Payment Services by the Customer shall be subject to acceptance of the terms and conditions of ATOM MYANMAR Payment Service. The terms and conditions of ATOM MYANMAR Payment Services are as detailed herein below (“Terms and Conditions”). By applying for use of ATOM MYANMAR Payment Services, we understand that the Customer has read, understood and agrees to be bound and abide by these Terms and Conditions.

1. Definitions

1.1 I, We, our, ATOM MYANMAR, the Company mean ATOM MYANMAR LIMITED.

1.2 Customers, You means including without limitation of the customers who use ATOM MYANMAR’s telecommunication services and any pre-paid, post-paid customers and broadband customers who subscribe for ATOM MYANMAR’s mobile telephone services.

1.3 Confidential information means the bank account information, information of the bank account number and Mobile Wallet account, Visa, MPU including debit card/ credit card, Mastercard and other national and international payment systems.

1.4 Equipment means any mobile device for the purpose of using the ATOM MYANMAR Payment Services that stores online payment channel information.

1.5 ATOM MYANMAR Payment Services means electronic payment process for ATOM MYANMAR phone bill top-up and other ATOM MYANMAR payment services through online payment channel.

1.6 Online Payment Channel means Visa, Mastercard, MPU, Mobile Wallet and any payment channel available under ATOM MYANMAR Payment.

2. Rights/Obligations and Labilities of Customers of ATOM MYANMAR Payment Services

2.1 You acknowledge and agree that as a condition for you to access and use the ATOM MYANMAR Payment Services, you are required to accept all these Terms and Conditions including any amendments to these Terms and Conditions that ATOM MYANMAR may in its discretion from time to time make.

2.2 You acknowledge and accept that in relation to the Online Payment Channel for the ATOM MYANMAR Payment Services by credit/debit card, internet banking and Mobile Wallet, ATOM MYANMAR is only a connection to the system or website of commercial banks and/or card issuers and/or online payment channel service providers only. Any actions required for payment settlement from any credit/debit card are between the cardholder and commercial banks and/or card issuers and/or e-payment service providers.

2.3 In case of insufficient funds in your online payment channel accounts (Credit/debit cards and internet banking, mobile wallet), the transaction will be rejected, and the payment will be unsuccessful.

2.4 You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the ATOM MYANMAR Payment Services.

2.5 You shall be responsible for ensuring the proper performance of your Equipment. ATOM MYANMAR shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall ATOM MYANMAR be responsible for any Phone virus or related problems that may be associated with the use of the ATOM MYANMAR Payment Services and the Equipment.

2.6 You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by the Company concerning the use of ATOM MYANMAR Payment Services.

2.7 You agree and acknowledge that you shall be solely responsible for maintaining the confidentiality and safekeeping of your user ID, password, online payment channel information and other confidential information from time to time have to access any of your ATOM MYANMAR Payment Services.

2.8 You shall ensure that your confidential information and access to ATOM MYANMAR Payment service do not become known or come into possession of any unauthorized person. The Company shall not be liable for any disclosure of your confidential information to any third parties and you hereby agree to indemnify and hold the Company harmless from any losses resulting from any disclosure of confidential information.

2.9 You shall take all reasonable precautions to detect any unauthorized use of the ATOM MYANMAR Payment Services. You shall immediately inform to the Company if:

- You have reason to believe that access details to ATOM MYANMAR Payment Services is or may be known to any person not explicitly authorized to know the same and/or has been compromised;

- You have reason to believe that unauthorized use of ATOM MYANMAR Payment Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised; and/or

- If your equipment is lost, stolen or compromised

2.10 You confirm and warrant that you are the true credit/debit cardholder, or otherwise, granted permission to use such credit/debit card.

2.11 You will not use the ATOM MYANMAR Payment Services for any purposes including
(a) conduct electronic spamming;
(b) perform unlawful or immoral or illegal activities;
(c) engage in any other activities deemed inappropriate by ATOM MYANMAR. ATOM MYANMAR reserve all rights to suspend the service immediately based on suspicion of such events.

3. Rights/Obligations and ATOM MYANMAR’s Reserved Rights

3.1 ATOM MYANMAR reserve the right to change, add or remove any feature or functionality of the ATOM MYANMAR Payment Services without prior notice. ATOM MYANMAR will assume to accept such changes if customer continue to use the ATOM MYANMAR Payment Services.

3.2 ATOM MYANMAR as the service provider reserves the right to cancel or suspend all service transaction via Online Payment if the information of the customer/user is invalid or if the customer enters incorrect information.

3.3 If ATOM MYANMAR finds that the Customer is involved with illegal transactions and/or violate any or all provisions of this Terms & Conditions, ATOM MYANMAR is entitled to immediately terminate services with this Customer.

4. Privacy/ Security

4.1 You hereby grant a consent to ATOM MYANMAR and/or the Online Payment Channel service provider to access your personal information in order for the service provider to be able to compile and process your personal information as necessary as prescribed by law for the benefit of operation, improvement and/or management of telecommunication business and/or provision of telecommunication service and/or e-payment services including analysis and determination of any marketing plan and activity as well as co-provision of service with any person as ATOM MYANMAR deems suitable, appropriate under relevant Laws. You also grant a consent to ATOM MYANMAR and/or the Online Payment Channel service providers to disclose, transmit and/or transfer your Personal Information to any third party (either domestically or internationally) who has the same standard of data protection only for such purposes. “Personal Information” includes information (correctly or not), which may identify, enable contact or locate to you. Personal Information may include your name, email address, billing address, phone number, online payment channel information and credit/debit card information, including name of cardholder, credit/debit card number, issuing bank, country of issuing and expiration date.

4.2 ATOM MYANMAR may store your Online Payment Channel Services information to facilitate efficient future payments if you elect this option. For security reasons, Online Payment Channel services information will be stored in the system of the online payment channel providers in accordance with its application guidelines, laws and regulations. Nonetheless, if you do not elect for this option, your credit/debit card and online payment channel information will not be stored, and you will be required to provide the credit/debit card information yourself for future use.

5. Limited Liability

5.1 ATOM MYANMAR shall not be responsible for the following events:

5.1.1 any indirect, punitive, special, consequential or incidental loss/damages, including without limitation, lost profits or loss of revenue, loss of information or loss of programme(s) or damage to data arising out the usage of the Service and related equipment;

5.1.2 any loss of business or opportunities;

5.1.3 any damage caused by any act of other persons violating or damaging to the Customer;

5.1.4 ATOM MYANMAR shall not be responsible for intentionally act or negligence of a third party e.g. telecommunication operators, internet providers and hardware or software service providers or any circumstance beyond control of ATOM MYANMAR or force majeure events e.g. fire, flood, natural disasters, war, riot, public protest, equipment defect, computer virus, interruption of electric or telecommunication systems, etc.

5.2 Customer need to inform ATOM MYANMAR in writing within 30 calendar days with complete evidence if online payment transaction has not been completed but deduction of the billing amount has been made from Customer’s online payment channel accounts (Credit/debit cards and internet banking, mobile wallet). You may not request for a return of any payment unless ATOM MYANMAR has investigated and approved that such an event has occurred and that the event is under the responsibility of ATOM MYANMAR in accordance with these Terms & Conditions.

5.3 If ATOM MYANMAR finds the Customer’s request under section 5.2 to be correct and concludes that this is under the responsibility ATOM MYANMAR then ATOM MYANMAR will directly provide the original transaction amount to the customers relevant ATOM MYANMAR product/account, e.g. debiting phone bill, debiting top-up payment, etc. without further activities needed by the Customer. ATOM MYANMAR shall not be liable or responsible for any changes in prices for any product from the original transaction took place until the amount is debited to the Customer’s ATOM MYANMAR product/account.

6. Intellectual Property

6.1 Customer acknowledge that the intellectual property rights in ATOM MYANMAR Payment Services are owned by ATOM MYANMAR. Customer do not acquire any ownership interest in any ATOM MYANMAR services by virtue of these Terms & Conditions or Customer’s use of any services, or any other rights thereto other than to use the services in accordance with the license explicitly granted (if any and as applicable), and subject to all terms, conditions, and restrictions, under these Terms & Conditions.

6.2 You may not use our or any third-party proprietary marks available on any ATOM MYANMAR Services (“Proprietary Marks”) without our prior explicit written permission, of which may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on or within our Services. Any third-party names, trademarks and service marks are property of their respective owners.

6.3 You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights in connection with your use of our Services, or any other harm incurred by us as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using our Services (including any Proprietary Marks).

7. Amendments to these Terms and Conditions

7.1 T ATOM MYANMAR may update these Terms and Conditions at any time for any reason. You will be notified in a way and time reasonable to ATOM MYANMAR. ATOM MYANMAR will assume that you agree to any changes in these Terms and Conditions if you continue to be using our services.

8. General Provisions

8.1 ATOM MYANMAR shall have the right to transfer and assign this Agreement at any time.

8.2 This Agreement and the provision of the Services shall be governed by applicable Myanmar laws.

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