MTN shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any person who accesses or uses this website ("the User") as a result of the User accessing this website, utilising any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
1.1 errors or discrepancies in the information provided
1.2. any unauthorised access of this website by third parties
1.3. any breakdown or failure of any equipment or medium of access to this website
1.4. any failure or unavailability of any of MTN’s or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website
1.5. the destruction or accessing of the User’s data or equipment
1.6. any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.
The User hereby indemnifies MTN against any demand, claim or action against MTN relating to or in connection with the User’s use or accessing of this website whether directly or indirectly for any reason whatsoever.
MTN reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
Unless expressly stated to the contrary MTN owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.
Use of this website is entirely at your own risk.
3.1. The following terms shall have the corresponding meanings assigned to them:
3.1.1. “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by MTN on or in connection with this website.
3.1.2. “Know-How" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by MTN in connection with this website, as well as, all available information regarding marketing and promotion of the products and services described in this website, as well as all and any modifications or improvements to any of them.
3.1.3. “MTN” means Mobile Telephone Networks (Proprietary) Limited, its affiliates, subsidiaries and their subsidiaries. (See About MTN Group of Companies). Any reference to MTN will include the employees, officers, advisers, service providers, suppliers and content providers of MTN.
3.1.5. “Trade Marks” means those trade marks owned by MTN and any other trade marks, designs, logos, style names and slogans which MTN owns or has the right to use or any derivative service offerings of, and applications for, any of same.
3.1.6. “Website Material” means the contents of this website, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this website.
4.1. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
4.2. A copy of ECTA can be viewed and downloaded here.
OTHER TERMS AND CONDITIONS
WEBSITE MATERIAL – SCOPE OF PERMITTED USE
6.2. You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Website Material.
6.4. You may not link to any page on this website or frame this website or any of the pages on this website in any way whatsoever without the prior written permission of MTN. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
6.5. This website is Copyright © 2007 MTN. All rights reserved. You must get MTN's prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any Website Material, whether electronically or otherwise. Unless the relevant additional terms and conditions provide otherwise, requests for approval must be submitted to firstname.lastname@example.org. MTN is entitled, in its sole discretion, to withhold or grant consent and may also impose any conditions on any consent which is granted.
6.6. To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Website Material may be expressly permitted by MTN (such permission to be interpreted in its most restrictive sense) you may do so, provided that all Trade Marks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original are retained and displayed without alteration or modification and not in any manner obscured or removed.
6.7. You may not print any part of the website or the Website Material, except where MTN expressly states that you may do so. When printing the website or the Website Material, you must ensure that the following copyright notice appears prominently on every page that is printed: Copyright © 2007 Mobile Telephone Networks. All rights reserved.
6.8. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by downloading that Website Material or by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Website Material where permitted to do so.
6.10. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of this website.
YOUR BEHAVIOUR WHEN USING THIS WEBSITE
7.1. You may not use this website to obtain or distribute:
7.1.1. copyrighted material or material protected by laws relating to intellectual property rights without the permission of MTN;
7.1.2. material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
7.1.3. material which is defamatory, unlawful or contains hate speech; or
7.1.4. bulk e-mail, whether solicited or unsolicited.
7.2. You must not interfere with or jeopardise the functionality or the operation of any part of this website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this website or of the Website Material.
7.3. You are strictly prohibited from using this website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming".
7.4. You may not intercept any information transmitted to or from MTN or this website which is not intended by MTN to be received by you.
7.5. You must respect other users of this website at all times.
8.1. This website is Copyright © 2007 Mobile Telephone Networks. All rights reserved.
8.2. The Intellectual Property is owned by MTN or used under license or with permission. Trade Marks displayed on this website are either trade marks owned by MTN or belong to their respective owners. You may not copy, reproduce, display or use any Intellectual Property in any manner whatsoever without MTN’s prior written permission and nothing contained on this website should be construed as granting any licence or right of use of any Intellectual Property.
8.3. Where any of the Website Material have been licensed to MTN or belong to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such terms and conditions. MTN LOADED
9.1. SECURITY - USE OF PASSWORDS:
9.1.1. You may choose or be allocated a password in order to enable you to gain access to certain parts of this website or the Website Material ("your Password"). MTN may, in its sole discretion, at any time and for any reason revoke your Password and consequently your access to certain parts of this website or the Website Material.
9.1.2. You must keep your Password secret and confidential. You must immediately notify MTN in writing if the secrecy or confidentiality of your Password is compromised or if your Password is disclosed to any unauthorised person. This website's administrator may be contacted at email@example.com.
9.1.3. You must only use your Password in order to use this website for the permitted use.
9.1.4. MTN may, in its sole discretion, at any time and for any reason change your Password or require you to change your password. You will be notified of any changes made or required to your Password on this website.
9.1.5. You will be responsible and wholly liable for any use or misuse of your Password. Any actions or omissions committed through the use of your Password will be considered to have been committed by you. You specifically indemnify MTN for any claim, liability, damage or loss arising as a result of the use or misuse of your Password.
9.2. COOLING OFF PERIOD:
9.2.1. In terms of Section 42 of ECTA, all goods available via MTN LOADED are exempt from Section 44 (i.e. there is no cooling off period) as they are goods that by reason of their nature cannot be returned and services that have begun with your consent before the end of the seven-day cooling off period referred to in section 44(1).
9.3. REFUND And EXCHANGE POLICY:
9.3.1. Please note that MTN does not provide any refund or exchange policy in respect of any purchase of content via MTN LOADED as the goods and services are of a highly personal nature and are not capable of being returned by you.
9.4. GUARANTEES And WARRANTIES:
9.4.1. Please note that due to the nature of the goods and services provided via MTN LOADED, MTN does not provide any guarantee or warranty in respect of the goods or services purchased via MTN LOADED.
9.5.1. Once you have completed your transaction on MTN LOADED, you will be advised as to how and when your purchase/s will be delivered.
9.6. DURATIONOF AGREEMENT:
The duration of the agreement you enter into in respect of a transaction via MTN LOADED will depend on the nature of the goods or services that you have purchased in a particular transaction:
9.6.1. If you have purchased a once-off purchase, the transaction is concluded when the content is delivered to you.
9.6.2. If you have purchased a subscription, the duration of the subscription agreement will depend on the duration stated in the description of that subscription content.
9.7. USE OF PERSONAL INFORMATION:
CHANGES TO THE WEBSITE And REMOVAL OF ACCESS
MTN may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, product, service or information contained on this website at any time without any prior notice to you. MTN may also impose limits on certain features and services or restrict your access to any or all of the website or Website Material without notice or liability.
DISCLAIMERS And LIMITATIONS OF LIABILITY
11.1. Your use of this website and reliance on any Website Material or services available on this website is entirely at your own risk. This website, including all Website Material, is provided “as is” and MTN will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this website or the Website Material for any reason whatsoever.
11.2. MTN does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through this website or the Website Material. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. MTN reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website and the Website Material.
11.3. Information, ideas and opinions expressed on this website and in the Website Material should not be regarded as professional advice or the official opinion of MTN and you are strongly advised to seek professional advice before taking any course of action related to them. More specifically, certain information such as share price data, interest rates and exchange rates constitute guidelines only and the provision of this data may be delayed by a period of time. Accordingly, you are strongly advised to consult MTN or your professional adviser before trading or acting on such information. Calculators supplied on this website are for indicative values only and MTN shall not be responsible or liable for any inaccuracies or miscalculations arising out of defects or incorrect use.
11.4. Subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and to the fullest extent permissible by law, MTN disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this website and the Website Material. MTN does not warrant that the functions contained in this website or the Website Material will meet your requirements; will be uninterrupted, timely, secure or error free; will meet your requirements or operate in every combination selected by you for use; that any defects or errors will be corrected; or that this website or the Website Material or the server that makes them available is free of viruses or other harmful components. MTN does not warrant that this website or the Website Material will provide specific results from use of this website or the Website Material or any content, search or link within them or that the results that may be obtained from the use of this website will be accurate or reliable.
11.5. Whilst MTN takes reasonable precautions in its operation of the website, neither MTN nor its agents or representatives will assume any responsibility and neither MTN nor its agents or representatives (in whose favour this constitutes a stipulatio alteri) shall be liable for any damages to or for viruses that may infect your computer equipment or other property on account of your access to, use of or browsing of this website or the Website Material or your downloading of any materials, data, text images, video or audio from this website or the Website Material. Any material downloaded or otherwise obtained through the use of this website or the Website Material is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
11.6. To the extent that information displayed on this website relates to any stock exchanges, financial markets, financial products, securities, derivatives, units, funds, currencies and/or exchange rates, you acknowledge that this information may not be accurate or complete. You further acknowledge that any assessment or reflection of the performance of any security, unit, fund, product, stock exchange, derivative or financial market does not mean that such performance will be repeated or should be relied upon in any way.
11.7. You agree that under no circumstances whatsoever, including as a result of MTN’s negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law MTN may be liable, shall MTN or its servants, agents or contractors or other persons for whom in law MTN may be liable (in whose favour this constitutes a stipulatio alteri) be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the website or the Website Material.
Links to and from this website to other websites belonging to or operated by third parties do not constitute an endorsement by MTN of such linked websites or their contents nor do they constitute any association by MTN with their owners or operators. MTN has no control over such linked websites and is not responsible or liable for any content, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such linked websites. You agree that where you access linked websites, you do so entirely at your own risk.
DEALINGS WITH THIRD PARTIES
Your interaction, correspondence or business dealings with third parties which are referred to or linked to or from this website entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party. You agree that MTN shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third parties.
FEES AND CHARGES
VARIATION OF CERTAIN DEEMING PROVISIONS IN ECTA
16.1.1. the agreement will be treated as if it was concluded at MTN's physical address detailed in clause 19.1 below on the date on which you first made any use of this website;
16.1.3. any data message sent by you to MTN will be deemed to have been sent from MTN’s physical address detailed in clause 19.1 below if neither your usual place of business nor residence is located within the Republic of South Africa;
16.1.4. any data message sent by MTN to you will be deemed to have been received by you at MTN's physical address detailed in clause 19.1 below if neither your usual place of business nor residence is located within the Republic of South Africa;
16.1.5. a data message sent by you to MTN will only be treated as having been received by MTN when an acknowledgement of receipt is sent by an individual who had authority to act on behalf of MTN in respect of that data message; and
16.1.6. this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa.
17.1. In the event that any claim, matter or dispute arises between you and MTN arising out of or in connection with your use of any banking services or products that is not governed by the Code of Conduct, then such claim, matter or dispute must be referred to the Customer Services Department of the relevant MTN company (see About MTN Group of Companies). Should the Customer Services Department fail to resolve same within 5 (five) business days of the referral then the claim, matter or dispute may be finally resolved in accordance with the provisions of clause 17.2.
17.4. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or (in the case of MTN) to collect any outstanding debts due and payable by you to MTN.
LEGAL SERVICE OF DOCUMENTS AND NOTICES
19.1.1. Postal Address:
Private Bag 9955
Republic of South Africa
19.1.2. Physical Address:
216 - 14th Avenue
Republic of South Africa
19.1.3. current fax no: 011-912-3001
19.1.4. All notices to MTN must be marked for the attention of MTN Commercial Legal Department All notices of a legal nature or relating to legal proceedings must be delivered by registered post to MTN’s above postal address and also either delivered by hand to MTN’s above physical address or sent to MTN’s above fax number.
19.1.5. Notices given to the above addresses will only be deemed to have been duly given:
188.8.131.52. 14 days after posting, if posted by registered post to MTN's postal address;
184.108.40.206. 3 days after delivery, if delivered by hand to MTN's physical address;
220.127.116.11. 3 days after confirmed successful transmission, if sent to MTN's fax number.
21.2. You agree that we shall be entitled to send "cookies" from this website to your computer. You acknowledge that a “cookie” is simply a message given by our website to your browser which is stored on your computer and contains information to personalise your experience on our website by being relayed to our server each time your browser requests a page from our website.
MONITORING OF COMMUNICATIONS
22.1.1. to maintain the integrity and security of our websites and our information technology systems;
22.1.2. to investigate and detect any unauthorised use of our websites and our information technology systems; and
22.1.3. as an inherent part of and to secure the effective operation of our websites and our information technology systems.