MTN Daily Data Bundles Terms and Conditions: Please note that as of 08 March 2021 these Terms and Conditions have been amended and the provisions of clause 4.1 have been amended.

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”) 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 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 offering 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 offering.

D. Please note that these Terms and Conditions are subject to your Subscriber Contract Terms and Conditions (applicable to MTN Contract, MTN TopUp and My MTNChoice customers) or your MTN PayAsYouGo price plan terms and conditions (applicable to MTN PayAsYouGo Customers).

SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE:

Clauses: 1.2, 2.2, 3, 7.3, 7.4, 7.5, 7.7, 8.1.3, 8.2.2, 8.2.3, 9, 10, 11.2, 16, 17 and 18.

1. Introduction

1.1 The MTN Daily bundles are data bundle that customers will be provisioned with a Daily Internet Bundle from the time of purchase and is valid until 23:59 on the same day.

1.2 Further to the standard MTN Internet product and service terms and conditions (found on www.mtn.co.za), the terms and conditions detailed herein will apply to the Bundles.

2. Offer Period

2.1 The Offer will be available from 01 March 2015 until such time as advised by MTN (the “Offer Period” ).

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 Bundles in its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

3. Who is Eligible

3.1 The MTN Daily Bundles are available to:

3.1.1 MTN PayAsYouGo customers

4. The MTN Daily Bundles

4.1 The MTN Daily data bundles are as follows:

4.2 All costs above are inclusive of value added tax (VAT).

5. How to Purchase the MTN Daily Bundles

5.1 These bundles will be available to all MTN (PayAsYouGo) customers through standard bundle purchase as follows:

5.1.1 USSD by dialling * 136 *2#;

5.1.2 MTN App;

5.1.3 M-Charge;

5.1.4 Eazi Recharge;

5.1.5 Xtra Time;

5.1.6 Momo;

5.1.7 MTN BRC Stores and; and

5.1.8 Selected Retail Stores.

6. Validity Period and Allocation of Data Value

6.1 Customers who purchase the Daily bundles, will be rewarded with a bundle that expires on the same day at midnight; 23:59.

7. Rules of the MTN Internet Bundles

7.1 In the event that the Customer exceeds/reaches the inclusive value of the MTN Internet Bundle, the Customer will be billed at the associated out of bundle rates, as detailed in the table in clause 4 above or will deplete any promotional data value (if applicable).

7.2 In the event that the Customer does not have an MTN Internet Bundle loaded, the Customer’s data usage will be charged at either the standard out of bundle rate applicable to the MTN Internet Bundle loaded or applicable price plan out of bundle rate applicable to the MTN Internet Bundle loaded, as detailed in the table above.

8. Once-Off (Adhoc) MTN Internet Bundles

8.1 The Once-Off Internet Bundles are additional bundles that Customers buy as and when they need them. These Bundles do not recur.

8.2 Once-Off Internet Bundle value will be provisioned immediately upon purchase.

9. Out Of Bundle Rates

9.1 Customers may opt-in to or opt-out of out-of-bundle (OOB) data billing, at any time.

9.2 Customers can exercise their choice through the following service channels;

9.2.1 Any MTN Branded Retail Channel Store

9.2.2 The Call Centre

9.2.3 MyMTN App and;

9.2.4 USSD

9.3 Customers who have opted in to OOB data billing will be charged for out of bundle data usage at standard price plan OOB rates.

9.4 Customers who have Opted out of OOB data billing, or have not indicated a choice, will not be able to use data services once they have depleted all active bundles.

10. Data Share Service

10.1 The service is available to MTN PayAsYouGo and Post-paid Customer on certain price plans.

10.2 The customer must read the Data Share terms and conditions, which are available on the MTN website.

11. Depletion Rules

11.1 The depletion order of the value is as follows:

11.1.1 Promotional or free value;

11.1.2 Loyalty bundles;

11.1.3 Paid for bundles;

11.1.4 Earliest expiry first;

11.1.5 Once-Off bundles;

11.1.6 Recurring bundles;

11.1.7 Usage Limit;

11.1.8 Airtime; and

11.1.9 Customers will receive depletion notices at intervals of 50%, 80% and 100% of usage.

12. Cancellation of the MTN Internet Bundles

12.1 Customers are cannot cancel Once-Off Internet Bundles.

12.1.1 These Customers will be able to use the inclusive value available to the existing MTN Internet Bundle, until the inclusive value has been exhausted or the bundle has expired.

12.1.2 Upon the next recurrence date, the Customer will no longer receive that denomination of the cancelled MTN Internet Bundle.

12.2 Customers can cancel a Recurring Internet Bundle through the self-service channels.

13. Migration

Customers who migrate between MTN price plans during the Validity Period of the MTN One Time Internet Bundle shall retain the existing data value on their Bundle and shall continue to receive any remaining Bundle value until the expiry of the Validity Period.

14. Data Roaming

14.1 If you wish to go out of the Republic of South Africa and use the Internet, you will be billed according to the Zoned Data roaming rates and roamed usage will not be billed against the inclusive data received on the Bundle.

14.2 The tariffs and guide on how to manage your data while roaming (outside of the Republic of South Africa) can be found on www.mtn.co.za

15. MTN 1-4-1 Loyalty Points

15.1 Customers registered to the MTN 1-4-1 Loyalty Points programme will be able to earn loyalty points for further out-of-bundle usage in accordance with existing loyalty rules. That is, 1 (one) point for every R1.00 (one Rand) spent.

15.2 Customers shall earn MTN 1-4-1 Loyalty Points on the subscription cost of the Bundles.

15.3 Customers will not earn MTN 1-4-1 Loyalty Points on the use of the inclusive Applicable Data Value.

15.4 The MTN One Time Internet Bundles are not available for purchase through the MTN 1-4-1 Loyalty Points catalogue.

16. Mobile Number Portability (“MNP”)

This gives you the ability to move to another mobile network and still retain your cellphone number. A Caller Line Identity (“CLI”) validation will need to be done to ensure that the number being ported is in your possession. You will lose any unused airtime and Internet bundle or promotional credits, and your voicemail messages when you port. MNP regulations and terms and conditions apply. See www.mtn.co.za for further information.

17. Connection of SIM card

MTN reserves the right to change the period within which customers are required to connect the SIM card to the MTN network from time to time, at MTN’s sole discretion. MTN Access4Life rules and MTN Number4Life rules apply to all MTN services. See www.mtn.co.za

18. SIM Swap

18.1 The SIM swap service allows you to keep your old preferred MTN cellphone number, subject to certain conditions. After you have registered your details in compliance with RICA, you will be able to initiate the SIM swap process by following the steps explained in this booklet on your MTN cellphone. A SIM swap from the new cellphone number to your old MTN cellphone number will be allowed if you are RICA compliant, if the old MTN cellphone number is active and still available on the MTN network, has not been recycled and is not in use by another customer, according to MTN’s systems. A SIM swap will only be allowed for one cellphone number at any given time. If the new cellphone number has been active/used to make calls for more than 24 (twenty-four) hours, a SIM swap cannot be performed. The old cellphone number must be deactivated/cut off from the network before the new cellphone number can be activated. Customers will be able to keep their airtime balance from their old SIM card/cellphone number and any credits or subscriptions they had once a SIM swap is performed.

18.2 Customers with an active/valid MTN One Time Internet Bundle performing a SIM swap shall retain the value associated with their Bundle.

19. Value Added Services

All value added services depend on the discretion of MTN and MTN may withdraw them at any time with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

20. Modification of Terms and Conditions

20.1 MTN reserves the right, at any time, to change these Terms and Conditions and any rules relating to its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.

20.2 MTN may, in its sole and absolute discretion amends the rates, including but not limited to the out-of-bundle rates noted in the table above.

20.3 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.

20.4 MTN reserves the right at any time to modify, suspend or discontinue the services, 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.

20.5 MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.

20.6 As 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.

21. Limitation of Liability

21.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 22.2 and 22.3 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):

21.1.1 if MTN does not supply or deliver any device or SIM card/s on the required date or time; or

21.1.2 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or

21.1.3 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or

21.1.4 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or

21.1.5 as a result of the use of any device supplied to you by MTN relating to this service.

21.2 Clause 21.1 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.

21.3 Clause 21.1 does not limit or exempt MTN from liability for any loss directly or indirectly attributable to the gross negligence of MTN or any person acting for or controlled by MTN to the extent that the law does not allow this. Clause 21.1 also does not limit or exclude the liability of MTN for death or personal injury caused to you through an act or omission of MTN subject to section 61(1) of the Consumer Protection Act, to the extent that the law does not allow this. Clause 22.1 also does not require you to assume risk or liability for these kinds of losses to the extent that the law does not allow this.

22. MTN Access4Life Extender

22.1 If you wish to go out of the Republic of South Africa and not use your SIM card for a certain period, then you may extend the MTN Access4Life period by paying R20.00 (twenty Rand) and add an additional 90 (ninety) days to the period/life span of the SIM card. Once the initial 90 (ninety) days have elapsed, the additional 90 (ninety) days will be added, keeping your cellphone number connected to the MTN network.

22.2 Call 135 to “activate” the service and load sufficient airtime into your wallet (that means the airtime will be allocated to your particular cellphone number) to cover the period. The service will continuously deduct R20.00 (twenty Rand) from your wallet for every 90 (ninety) days that elapses while the service is active.

22.3 You will need to cancel the service upon your return to the Republic of South Africa; if failing to do so, the service will continue to deduct R20.00 (twenty Rand) every 90 (ninety) days until it is cancelled.

22.4 In the event that you do not have enough airtime in your wallet to enable the MTN Access4Life Extender, the service will be automatically cancelled.

23. General

23.1 MTN is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services.

23.2 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 in the Republic of South Africa.

23.3 You will be solely responsible for all products and services relating to your use of the Bundles. Accordingly, MTN takes no responsibility for any loss or damage suffered by your use of the Bundles. 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.