- This Code shall have effect notwithstanding anything to the contrary in any agreement between a Customer and a Service Provider.
- Notwithstanding anything contained in this Code, nothing herein contained shall operate so as to limit or exclude, or is intended to operate so as to limit or exclude, any legal rights or remedies of any Consumer or the access of any Consumer to the Courts or to any other appropriate dispute resolution forum.
- Nothing in this Code shall remove or restrict the effect of, or reliance on
- any written law or approved guidelines that imposes on the Service Provider a duty stricter than that imposed under this Code
- any term in any agreement in writing between a Customer and a Service Provider to the extent that the term
- imposes a stricter duty on the Service Provider than that imposed under this Code;
- provides a remedy more advantageous to the Customer than the remedies provided under this Code.
- This Code shall have effect notwithstanding any contract term that applies, or purports to apply, the law of another country where the term appears to the MCMC to have been imposed wholly or mainly for the purpose of enabling the party imposing it to evade the operations of this Code.
Objectives of the Code
The objectives of the Code are:
To provide model procedures for:
- reasonably meeting Consumer requirements
- the handling of customer complaints and disputes
- the creation of an inexpensive mediation or process other than the court and procedures for compensation of the customers in case of a breach of the consumer code
- the protection of consumer information
- to endeavour to achieve the relevant national policy objectives of the CMA 1998;
- to provide benchmarks for the communications and multimedia Service Providers for the benefit of consumers
- to promote a high level of consumer confidence in service delivery from the industry.
- to provide guidelines for self-regulation among the industry
Scope Of The Code
- This Code and any Sub-codes developed pursuant to this Clause 6 will bind the following as provided under the CMA 1998:
- all licensed Service Providers, as far as their licensed activities are concerned,
- all non-licensed Service Providers who are members of the Consumer Forum.
- This Code is of general application. Sub-codes will be developed to address specific industry needs, where relevant. This Code will govern all Sub-codes unless expressly otherwise provided for in the Sub-codes.
- This Code shall come into effect upon registration in accordance with the CMA 1998. However, Service Providers shall be granted a grace period of six (6) months, or such period as may be extended by the Council of the Communications and Multimedia Consumer Forum to comply with the provisions of this Code.
- The Consumer Forum will administer all Codes developed by this Forum.
- At the commencement of the Code, and periodically, the Consumer Forum will publicise the Code and its objectives to members of the Consumer Forum and the public.
- “Advertising Materials” means advertising and promotional materials in relation to Services including, without limitation to:
- television advertisements;
- radio advertisements;
- press and magazine advertisements;
- direct mailer;
- other point of sale material;
- packaging materials;
- price tags;
- cinema advertisements;
- promotional videos;
- website materials;
- media releases;
- electronic mail;
- electronic news groups;
- still messages and inserts;
- information kiosks.
- “Consumer” means a person who receives, acquires, uses or subscribes to services relating to communications and multimedia within the meaning of CMA 1988. This includes a Customer.
- “Customer” means a person who, for consideration, acquires or subscribes to services relating to communications and multimedia within the meaning of the CMA 1988.
- “Disclaimer” means words used in Advertising Materials, which qualify, disclaim or add to the principle message of Advertising Materials.
- “Door-to-door sale” means a sale, offer or negotiation to sell a Service where conducted at the place of residence; or employment, of a Consumer, but excludes where there has been an unsolicited request by a Consumer to a Service Provider to enter into negotiations for supply of a Service at the place of residence, employment or business of the Consumer.
- “Forum Participant” means all licensed Service Providers, non-licensed Service Providers public interest groups and other NGOs who are members of the Consumer Forum.
- “Personal Information” means information collected by the Service Provider from the Customer and that which identifies the Customer.
- “Product” means a physical item that is provided, or caused to be provided by the Service Provider as an integral part of the Services.
- “Savings Claim” means a statement to the effect that the Consumer will spend less money by taking a particular Service or using a particular Service Provider than they would otherwise have to spend.
- “Services” means services provided in the course of the provision of the communication and multimedia services within the meaning of the CMA 1998 including where relevant, Products.
- “Service Provider” means a provider of communication and multimedia services, within the meaning of the CMA 1998.
- “Sub-code” means codes that are developed to address specific industry needs pursuant to Part 1-5.