Facebook Auto Flex Terms and Conditions
NOTE:
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, Registration Number 1993/001436/07 (“MTN”) and Facebook will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies 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 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 Offer 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 Offer.
D. Please note that these Terms and Conditions are subject to your Subscriber Contract Terms and Conditions.
SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: 2, 3, 4, 5, 9 and 10
1 Introduction
1.1 MTN South Africa presents the launch of an enhanced Facebook Auto Flex. Facebook Auto Flex will provide customers with capability to access basic Facebook as displayed below when customer’s account has zero balance (no data bundles and no airtime) (“the Offer/Offering”).
2 Offer Period
2.1 The Offer will be available from the 5 July 2018 and until MTN in its sole and absolute discretion elects to discontinue the service.
2.2 Notwithstanding the Offer Period, MTN may, in its sole and absolute discretion, amend the duration of the Offer Period to a shorter or longer period, or withdraw the Offer 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 Offering is available to the following MTN Customers:
3.1.1 New Users
New MTN and Facebook customers created less than 30 days (will have access to Free Text & Photos for 7 days only, but Videos and other functionalities will be not be available)
3.1.2 Existing Users
Existing MTN and Facebook customers created more than 30 days, and logged in to Facebook in the last 30 days (Free Text, but Photos, Videos and other functionalities will be not be available)
3.1.3 Dormant Users
Existing MTN and Facebook customers but not logged in to Facebook in the last 30 days (Free Text & Photos, but Videos and other functionalities will be not be available).
3.1.4 (the “Qualifying Customers ”).
4 What does the Offer entail?
4.1 All MTN South Africa customers who opt-in to use the product upon having a zero balance in their account (no data and no airtime).
4.2 Facebook Auto Flex will provide customers with capability to access basic Facebook as displayed below when customer’s account has zero balance (no data bundles and no airtime):
| 1. Free Facebook Service Opt-In | 2. Free Facebook with Photos for 7 days | 3. Free Facebook without Photos (Text only Facebook) | Facebook Messenger |
|---|---|---|---|
| MTN South African customers will have to Opt-in to the Facebook Auto Flex before they can enjoy the Free service: | Eligible for customers created less than 30 days or; Existing customers that have not logged in to Facebook in the last 30 days. | • Existing MTN customers created more than 30 days, and logged in to Facebook in the last 30 days or; | All customers will have access to messenger on Flex Free Mode. On free Mode Customers will only be able to: |
• New and Existing Facebook users will be prompted by Facebook to Opt-in to Free Facebook Auto-Flex before they can enjoy the free service | • Offer includes zero-rated app download and on-boarding • Photos are free (7 days) • Videos are paid (If a user clicks on a video, then a standard pop-up message will be displayed.) | • Photos are paid (If a user clicks on a photo, then a standard pop-up message will be displayed.) • Videos are paid (If a user clicks on a video, then a standard pop-up message will be | Send and Receive text • Send (Already downloaded) and Receive stickers |
• Facebook will display Opt-in pop-up prompt when new and existing users clicks on Facebook with zero balance. | • Regular paid Facebook mode comes into effect, as soon as positive balance is detected • Photo uploads | • Videos are paid (If a user clicks on a video, then a standard pop-up message will be displayed.) • Regular paid Facebook mode comes into effect, as soon as positive balance is detected | Only on Paid mode, will customers be able to: • Make and receive voice calls • Send and Receive videos/call • Send and Receive voice notes • Send and Receive Attachments |
5 Terms and Conditions
5.1 MTN Customers subscribing to all subscriber types shall have access to the Offer.
5.2 MTN Customers subscribing to all subscriber types shall not be provided with the functionality to toggle between text-only experience (zero balance) and Full Facebook (positive balance)
5.3 Facebook Auto Flex shall solely provide the functionality to automatically switch customers to text-only Facebook Experience when Facebook is accessed with Zero balance.
5.4 MTN Customers will not incur data charges for usage generated via the Facebook text-only experience.
5.5 Facebook Flex is automatically switched back to paid mode once the customer has a positive balance in their account.
5.6 Customer can opt-out of this offer by having a positive account balance.
6 RICA
6.1 In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate you as a customer on the MTN network.
6.2 MTN is obliged by law not to activate your SIM card on the MTN network if you have not complied with the RICA registration requirements.
6.3 By law, if a SIM card is lost, stolen or damaged, you are required to immediately notify the South African Police Services in writing. You will also have to immediately notify MTN and request the SIM card to be suspended.
6.4 If you wish to transfer/sell your SIM card to another person (other than a family member), you are required to contact your Service Provider to report such a transfer to MTN, and MTN is required by law to deactivate the SIM card. Before the new holder of the SIM card can use the SIM card, they must provide proof of their full names, surname, Identity Document number and residential address to an approved MTN RICA officer to register them as a customer on the MTN network. Once they have complied with RICA, and the RICA information is received by MTN, MTN will reactivate the SIM card.
6.5 If you change ownership to a third party, the Offer is not transferable.
6.6 Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact your service provider or see www.mtn.co.za for details.
7 Cancellation or Opt-out
7.1 How do I opt-out or disable the Facebook Text Only Mode?
7.2 Qualifying Customers may cancel their Offer by contacting the MTN stores or call centres.
7.3 Qualifying Customers are bound to the cancellation provisions contained in their Qualifying Customer Contract Terms and Conditions, which includes, but is not limited to, the liability of cancellation charges.
8 Modification of Terms and Conditions
8.1 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.
8.2 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.
8.3 MTN reserves the right from time to time to vary the charges of the Offer as may be deemed necessary in its discretion.
8.4 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.
9 Limitation of Liability
9.1 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):-
9.1.1 if MTN does not supply or deliver any device or SIM card/s on the required date or time; or
9.1.2 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or
9.1.3 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or
9.1.4 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or
9.1.5 as a result of the use of any device supplied to you by MTN relating to this service.
9.1.6 Clause 10.1 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.
10 General
10.1 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 Offer.
10.2 You will be able to access services only when you are in the Republic of South Africa in an area covered by the MTN network.
10.3 You will be solely responsible for all products and services contained in the Offer from delivery of the Offer to you. Accordingly, MTN takes 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.
10.4 MTN reserves the right, in its sole and absolute discretion, to terminate or suspend your participation in the Offer or the network services where MTN 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.