MTN Chat Terms and Conditions
These Terms and Conditions have been varied or amended as of 15 May 2019. Clauses 2.1, 2.2, 3.1, 4.1, 4.3, 5.1, 5.2, 5.7, 5.10 and 5.11 have been changed.
A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Proprietary) Limited (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against MTN and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and MTN may also have claims and other rights against you.
B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
C. Please read these Terms and Conditions carefully. Participation in this Promotion will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Promotion.
SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE:
Clauses:2, 3, 4, 5, 6, 7.1 and 11
Customers will be able to sign up for this service, be able to buy products, and check their balance on WhatsApp (“the Service”).
2. Service Period
2.1 The Service will be available from the 11 March 2019 and until MTN in its sole and absolute discretion elects to discontinue the service.
2.2 Notwithstanding the Service Period, MTN may, in its sole and absolute discretion, amend the duration of the Service Period to a shorter or longer period, or withdraw the Service in its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.
3. Qualifying Customers
3.1 The Service is currently available to the following:
All MTN customers – prepaid, postpaid, hybrid, and converged (the “Qualifying Customers”).
4. What does the Service entail?
4.1 Customers wishing to use MTN Chat need to register for the service in order to opt-in to receive messages from MTN through WhatsApp.
4.2 Customers will receive a notification from MTN or WhatsApp with a link to register for the aforementioned WhatsApp service.
4.3 Customers will only need to provide their debit and credit card details if they want to purchase a product.
4.4 They will be able to save the card for future use, or enter the card details each time if they prefer.
4.5 Customers can use other services (initially they will be able to check their balance; later, other self-service or customer care options), without loading their credit or debit card details.
4.6 The service is free to the Customer, aside from the cost of purchasing MTN’s products and the data used.
4.7 Customers can only buy products for MTN users.
5. Terms and Conditions:
5.1 Customers will have the option to opt-out by responding “opt out” or “stop” within WhatsApp to MTN Chat.
5.2 MTN will send informational and utility-driven messages to customers.
5.3 MTNSA takes every reasonable practical method to ensure that the Customers’ personal information is secured. MTN will be collecting personal information (name, address, contact details, payment details) and transactional / behavioral data.
5.4 Customers will use the app at their own discretion.
5.5 It is not mandatory for customers to save their card details.
5.6 To prevent others accessing WhatsApp on a different device, customers should enable two-step verification on WhatsApp.
5.7 Customers are responsible for management of their saved card details should they choose to change their numbers.
5.8 If a customer does not receive their product, a reversal of their payment will be automatically done within 24 hours.
5.9 Customer information will be used by MTN for internal analytics.
5.10 Non-MTN customers who will use the Service will also be able to opt-out by messaging the keywords “opt out” or “stop” in the chat.
6. Modification of Terms and Conditions
6.1 See www.mtn.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the abovementioned website or elsewhere in any media.
6.2 MTN reserves the right at any time to modify, suspend or discontinue the Service (on notice to you), with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the Service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the Service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.
6.3 Any changes will be posted on www.mtn.co.za, and your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is your responsibility to review these Terms and Conditions regularly.
7. Limitation of Liability
7.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect)
7.2 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or
7.3 Clause 7.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
8.1 MTN is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services or the Service.
8.2 MTN reserves the right, in its sole and absolute discretion, to terminate or suspend your participation in the Service or the network services where MTN suspects abuse of its network, the Service, any of its services, fraud, criminal activity or where your participation in the Service is placing an unreasonable constraint on the MTN network which may impact the experience of other MTN customers.