A. The following Terms and Conditions contain assumptions of risk and/or liability by Customers and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks Proprietary Limited (“MTN”) will have towards Customers and other persons.
B. These Terms and Conditions also limit and exclude Customers rights and remedies against MTN and place various risks, liabilities, obligations and legal responsibilities on the Customer.
C. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and MTN may also have claims and other rights against the Customer.
D. 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 CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. 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 CPA are complied with.
E. Please pay special attention to all the clauses. These Terms and Conditions are subject to and must be read together with your Product/Service Terms and Conditions.
F. These Terms and Conditions must be read in conjunction with the following subscriber agreement (https://www.apps.disneyplus.com/subscriberagreement/za/eng) , and information privacy policy (https://privacy.thewaltdisneycompany.com/en/current-privacy-policy/emea-privacy-rights/)
1.1. MTN South Africa is the telecommunications partner of the Disney+ Basic Plan with exclusive bundled offerings for MTN customers, providing subscribers access to a streaming home for entertainment from Disney, Pixar, Marvel, Star Wars, National Geographic, Hulu and ESPN.
1.2. These terms and conditions govern the relationship between the customer, MTN, and WDC (Walt Disney Company) regarding the Disney+ subscriptions and related features (the Service).
1.3. The use of the Disney+ Service is also governed by the MTN Privacy Policy.
1.4. These Terms & Conditions must be read in conjunction with the following documents:
1.4.1 Disney+ Subscriber Agreement available here: https://www.apps.disneyplus.com/subscriberagreement/za/eng
1.4.2 Disney+ EMEA Privacy Rights available here: https://privacy.thewaltdisneycompany.com/en/current-privacy-policy/emea-privacy-rights/ which shall take preference in the event of a conflict with these Terms & Conditions.
1.5. The Disney+ bundles provide MTN customers with video streaming data to stream Disney+ content on disneyplus.com or the Disney+ application (disneyplus.com/app) when subscribing to the Service. Applications can be found here:
1.5.1 Android: https://play.google.com/store/apps/details?id=com.disney.disneyplus
1.5.2. Apple: https://apps.apple.com/app/disney/id1446075923
1.6. The use of Disney+ Service requires an Internet connection to download the Disney+ app and stream content on the Disney+ service.
1.7. The Disney+ Service is available to all MTN prepaid, postpaid, residential and top-up customers.
1.8. The Disney+ subscription will be billed at the rate accepted at the time of charging the subscription to an MTN bill or purchased with airtime, and could be either Disney+ Basic, Disney+ Basic Pass, Disney+ Premium), or any other amount accepted if bundled with data propositions from MTN.
1.9. This Service will be made available to eligible customers from the 2nd of August 2023 until MTN, in its sole and absolute discretion, elects to discontinue the service.
1.10. MTN may, in its sole and absolute discretion, amend the duration, or withdraw the Disney+ service in its entirety, with reasonable notice to customers. Visit www.mtn.co.za regularly for notices, updates, and/or changes to services.
2.1 Disney+ will be available to all new and existing MTN prepaid, post-paid, residential and top up customers in South Africa through the following channels:
2.2. To purchase and access Disney+ via self-service channels (MTN Play, USSD, MTN App):
2.2.1.Customers can subscribe to Disney+ through MTN self-service sales channels and pay for the subscription using airtime, or by adding it to their monthly contract bill.
2.2.2. The customer must have an MTN number to purchase a Disney+ subscription via MTN self-service channels.
2.2.3. Users will be identified as an MTN Customer when they sign into MTN Play, use the MTN App, or by dialling USSD *123#
2.3. To purchase and access Disney+ via Assisted Sales (MTN Stores, Telesales, Call Centre):
2.3.1. Customers can subscribe to Disney+ through MTN assisted sales channels and pay for it by adding it to their monthly contract bill.
2.3.2. Residential and Mobile-Broadband (MBB) customers will need to supply an alternative number (any network) to activate their Disney+ subscription via OTP validation.
2.4. A non-MTN customer will not be able to purchase a Disney+ subscription via MTN.
2.5. Current subscription rules and relevant credit checks apply for purchase of these products when adding the subscription to an existing contract subscription bill.
2.6. Only MTN customers within the Republic of South Africa may subscribe to the Disney+ service.
3.1. Customers can subscribe to Disney+ via the following self-service channels:
3.1.1. By dialling *123# for recurring plans
3.1.2. By logging into MTN Play for recurring plans
3.1.3. By dialing *136# for non-recurring planslogging into the MTN App ;
3.1.4 By logging into the Momo App for non-recurring plans
3.2. Customers can subscribe to Disney+ via the following assisted sales channels:
3.2.1. By calling 135 and speaking to an MTN Agent.
3.2.2. By going into an MTN store.
3.3. Existing Disney+ customers will need to cancel their existing subscription and re-subscribe to the Disney+ Service through MTN to qualify for the MTN bundled offers.
3.4. MTN prepaid and post-paid customers will be able to purchase exclusive MTN Disney+ MobileBasic and Premium offers using their airtime or by adding to their contract subscription bill, at the exclusive prices offered and advertised
3.4.1. Residential customers using MTN Home Internet services can only purchase Disney+ Premium subscriptions.
3.5. Customers who have subscribed to any of the Disney+ subscriptions through MTN self-service channels will receive a confirmation SMS with a unique link to the Disney+ portal to complete activation/app. Customers can also check for active subscriptions on USSD *123#, play.mtn.co.za/myaccount and MTN App.
3.6. Customers who have subscribed to any of the Disney+ subscriptions through MTN assisted sales channels will receive a confirmation SMS once their line is activated on the MTN network. Customers can check for active subscriptions by dialing 135, visiting their nearest MTN store or by viewing in My Subscriptions on MTN Play
3.7. Once subscribed, Disney+ can be accessed by clicking on the unique link sent via SMS for new users without an account. Existing users can log into the app or web portal with their email or phone number.
3.8. Disney+ subscriptions purchased via MTN Play, Onepin, *123# or added to bill are recurring, and auto-renewed on a monthly basis until a customer chooses to cancel. The day on which a customer subscribes and activates their Disney+ subscription becomes the subscription anniversary date.
3.9 Disney+ subscriptions purchased via *136#, Momo or retail channels are non-recurring and automatically expire at the end of the validity period.
3.10. The subscription process (and terms and conditions) required for Disney+ shall at all times be applicable and shall constitute an agreement between the MTN customer and Disney+. MTN shall not be liable for any unavailability, fault glitches, bugs or technical issues within the Disney+ application and/or browser. Furthermore, MTN shall not be held liable for any damage or loss whatsoever arising that you may suffer due to use of the Disney+ application and/or browser.
4.1.The T&Cs and Privacy Policy must be read and agreed for users to subscribe.
4.2.MTN customers can only have one Disney+ subscription activated at a time on their MTN number.
4.3. If you are an existing Disney+ subscriber, and you take up a Disney+ bundle through MTN, then the onus is on you as the customer to cancel your Disney+ subscription independently and directly with Disney+ Customer Support through help.disneyplus.com.
4.4.You acknowledge that any purchased subscriptions in error will be billed. For your protection, we ask you to confirm all purchases.
4.5. You acknowledge that you will only be able to access the Service once your Disney+ paid or gift subscription has been activated which will be communicated to you via SMS sent to the eligible MTN number.
4.6. Basic Plan (including Basic Pass) subscribers can stream content on any 1 device however they can be logged in on 10 devices at any given time. Logging into any additional devices will result in the user getting an error ‘Log-in pending. Device limit reached’ and prompt the user to either log out of one of the existing logged-in devices or to Upgrade their plan to ‘Premium’.
4.7. Premium Plan subscribers can stream content on any 4 devices simultaneously however they can be logged in on 10 devices at any given time. Logging into any additional device over and above the 10 devices will result in the user getting an error ‘Login pending. Device limit reached’ and prompt the user to logout of one of the previously logged in devices.
4.8. By accepting these terms and conditions, you as the customer give us consent to provide you/them with various messages about/based on your interaction with the Service. These messages will be delivered to the customer in the form of text messages sent to their mobile-device using the MTN number identifying the customer as the MTN Subscribed customer of the Service. These messages include, but are not limited to:
4.8.1. Periodic messages to encourage, or remind you to browse or access the service,
4.8.2. Messages inviting you to try alternate versions of the Service based on MTN’s knowledge of the device you are using to access the Service,
4.8.3. Confirmation messages relating to your subscribing for, or cancellation of the Service,
4.8.4. Messages relating to gift subscriptions and promotions.
4.9. Customers may opt out of the messages above but cannot opt out of system messages which are mandatory for us to correctly administrate your use of the Service.
5.1. Disney+ subscriptions that are recurring, are auto-renewed every thirty days until customer chooses to cancel. The day the customer subscribes, the subscription becomes the subscription anniversary date.
5.2. Customers will be able to purchase the Disney+ subscription using their airtime or by adding it to their existing MTN contract bill subject to credit checks being conducted. The subscription fee amount will be settled in the debit order for that account.
5.3. If the subscription renewal billing is not processed for reasons such as payment failure due to insufficient funds, then MTN will cancel the subscription. The customer will have to resubscribe to the Service.
5.4. No grace period will be applied for billing cycles. Subscription cancellation notifications due to unsuccessful billing will be sent.
5.5. If a customer effects a contract price plan migration or upgrade, whilst they have an existing active Disney+ Service, the Service shall be carried over to the new price plan with the activated MTN mobile number.
6.1. The Disney+ Basic and Disney+ Basic Pass subscriptions are subject to the following product features:
6.1.1. Only 10 devices can be logged in
6.1.2. Only 1 concurrent stream can be viewed
6.1.3. Playback is on all devices
6.1.4. High Definition (HD) quality streams only (720p)
6.1.5. Casting is enabled, but downloads of Disney+ content is disabled.
7.1. MTN customers can cancel their subscription at any time. If the need arises, you can cancel your subscription:
7.2. If you purchased your subscription via self-service channels you can cancel:
7.2.1. By play.mtn.co.za/myaccount where you can unsubscribe
7.2.2. By dialling *123# and following the menu to deactivate content service.
7.2.3. By using MTN Whatsapp chat.
7.3. If you purchased your subscription via assisted sales channels you can cancel:
7.3.1. By calling 135
7.3.2. Or speaking to an agent in an MTN store
7.4. Customers who cancel mid-way through their current subscription period will not be refunded. Billing will stop, and the customer will still have access to the Service for the remainder of the subscription period.
7.5. If a customer closes their MTN account, the subscription will be cancelled immediately.
8.1. Streaming or downloading of Disney+ content will deplete the data from the internet connectivity that is being used to access the Service. Data will be charged at standard data rates as per your subscriber tariff plan.
8.2. Customers can use general data to watch Disney+ with, or purchase video streaming data bundles. Dial *136# to purchase your data bundles via USSD or connect to the MTN App.
8.3. Where applicable, video streaming data is bundled and automatically allocated with the purchase of a Disney+ Basic subscription.
8.4. The MTN video streaming bundle is a data bundle that will give customers access to streaming and downloading of specific video content from service providers. This bundle is separate from your regular data and is dedicated to video streaming content only.
8.5. The data allocation will renew automatically on the anniversary date of your Disney+ subscription.
8.6. If the data allocation runs out before the next anniversary date, streaming will continue with “out of bundle” data unless the customer tops up the video streaming data separate to their Disney+ bundle subscription by purchasing additional video streaming bundles from MTN.
8.7. Customers acknowledge that MTN reserves the right to offer promotional MTN data, other MTN data, promotions or prizes on a discretionary and promotional basis and this can change at MTN’s discretion at any time.
9.1. The customer can change their subscription by cancelling their existing subscription first, and then re-subscribing to the new subscription plan. Customers must ensure that the cancelled subscription is reflecting as cancelled on their account before attempting to resubscribe (processing of cancellations can take up to 24 hours). The new subscription will take effect on the anniversary date.
10.1. MTN may from time to time offer Disney+ gift subscriptions to new and existing customers. These Disney+ gift subscriptions will not include video streaming data bundles and will only cover the Disney+ subscription.
10.2. Customers acknowledge, understand and agree that the Disney+ subscription does not guarantee any prizes or rewards from the Service.
10.3. Disney+ gift subscriptions can be identified as “On Us” or “Promo” which refers to the gift subscription at no cost to MTN subscriber until the cycle expires or is migrated to a paid subscription.
10.4. Where applicable, rewards and vouchers may not be substituted or transferred.
10.5. Rewards and vouchers can only be earned by MTN customers.
10.6. The subscribers account must remain in good standing for the duration of the promotional subscription period. In the event that the customer fails to make payment on their MTN account, their promotion subscription will be cancelled and the remaining period on the promotion will be forfeited.
10.7. Only the qualifying MTN number can earn rewards or vouchers.
10.8. In the event that you leave the MTN Network, you accept that you forfeit the use of any unused rewards or vouchers as well as receiving future rewards and vouchers.
10.9. Conditional gift subscriptions (with renewal) require upfront agreement to recurring billing after the promotional period.
10.10. If a customer redeems a gift subscription, the video streaming data bundle (where applicable) will activate on the renewal of your paid subscription after the promotion period ends.
10.11. Once a non-conditional gift subscription period ends, the customer will be able to re-subscribe to a paid subscription if they want to continue with the service. If the customer chooses not to do so, the subscription is cancelled automatically.
10.12. Customers cannot redeem more than 1 voucher at a time- vouchers cannot be stacked or simultaneously accumulated.
10.13. Customers can only receive a reward or voucher once per MSISDN.
10.14. MTN and Disney+ subscriptions are not linked- so if you are already paying for a subscription with Disney+, the voucher from MTN is not linked to that existing subscription or even your MTN paid subscription, and the Disney+ subscription subscribed to with Disney must be independently cancelled in order to benefit from the MTN offers.
10.15. If a customer receives more than one gift subscription, the first one to be redeemed will be activated, and the remaining gift subscriptions will not be redeemable and will expire.
10.16. Customers who redeem a gift subscription cannot change their subscription until the gift subscription cycle expires.
10.17. Gift subscriptions can only be redeemed against the allocated MTN number and cannot be shared, except in the case where MTN requests an alternative number
10.18. Targeted promotions may require a user to activate a Disney+ gift subscription via a redemption process
10.19. By redeeming a voucher, a customer is agreeing to activate a Disney+ subscription
10.20. To check the status of a gift subscription, customers can
10.20.1. Visit play.mtn.co.za/myaccount
10.20.2. Dial *123# and following the menu to deactivate content service
10.20.3. Checking your subscriptions on the MTN chat on Whatsapp.
10.21. In line with ICASA regulations, by subscribing customers allow MTN to send service notifications and reminders about their subscription.
11.1. 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.
11.2. MTN reserves the right at any time to modify, suspend or discontinue the Offer (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 Offer, 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 Offer. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.
11.3. MTN reserves the right from time to time to vary the charges of the Offer as may be deemed necessary in its discretion.
11.4. Any changes will be posted on www.mtn.co.za, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.
12.1. 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 and Disney+ will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect)
12.1.1. If MTN and Disney+ does not supply or deliver any device or SIM card/s on the required date or time; or
12.1.2. If the MTN network or Disney+ services are interrupted, suspended, or cancelled, for whatever reason; or
12.1.3. If MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or
12.1.4. If the loss or damage was caused by any negligent act or failure to act by MTN or Disney+, its employees or agents; or
12.1.5. as a result of the use of any device supplied to you by MTN relating to this service.
12.1.6. This clause 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 and Disney+ 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.
13.1. MTN and Disney+ are not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services or the Offer.
13.2. You will be solely responsible for all products and services contained in the Offer from delivery of the Offer to you. Accordingly, MTN and Disney+ take no responsibility for any loss or damage of any of the contents of this Offer including the SIM card, where applicable, or any MTN Internet bundle credits associated with the SIM card. In the event of theft or loss of your device and/or SIM card, such items must be replaced at your own cost; you are obliged to report such loss or theft to the South African Police Services immediately, and to request MTN to suspend such SIM Card.
13.3. MTN and Disney+ reserve the right, in their sole and absolute discretion, to terminate or suspend your participation in the Offer or the network services where MTN or Disney+ suspects abuse of its network, the Offer, any of its services, fraud, criminal activity or where your participation in the Offer is placing an unreasonable constraint on the MTN network which may impact the experience of other MTN Customers.
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