MTN Dual SIM Locked Device Promotion Terms and Conditions
NOTE:
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 "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.
E. The Customer must read these Terms and Conditions. The use of this product/service will constitute as agreement to comply with these Terms and Conditions.
F. Please pay special attention to all the clauses. Please note that these Terms and Conditions must be read together with the standard MTN Internet product and service Terms and Conditions.
1. Introduction
1.1 The MTN Dual SIM Locked Device offer provides PayAsYouGo Customers who purchase any Dual SIM Locked Device on the Network for a period of 12 months.
1.2 The offer is available from 21st of October 2020 until such time as MTN in its sole and absolute discretion elects to discontinue the Offer (the “Offer Period”).
1.3 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.
2. Qualifying Customers
2.1 The Offer is available to all New and Existing PayAsYouGo Customers who purchases any Dual SIM locked device on a “new” MTN SIM.
2.2 New MTN PayAsYouGo customers, who successfully activate the cell phone number, in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 as amended and any regulations thereto (“RICA”). RICA may be done at any selected MTN Store (the “Qualifying Customers”).
3. The Offer
3.1 The MTN Dual SIM Locked Device offering allows customers to purchase any Dual SIM locked device on the network.
3.2 The device will be locked on MTN's network for a period of 12 months
3.3 Customers can purchase an unlock code after 12 months charged at a fee of R100.
3.4 An active MTN SIM must be inside the device
3.5 Port 1 will be locked on the MTN network and can only use active MTN SIMs.
3.6 Port 2 can be used for other network SIMs.
3.7 MTN reserves the right to downgrade technology on the second sim slot, depending on the technology of the primary SIM.
3.8 The Locked Devices offering comes with a “new” MTN PayAsYouGo SIM Card.
4. Terms of Use
4.1 MTN reserves the right, in its sole and absolute discretion, to terminate or suspend the customers from using this product or the network services where MTN suspects abuse of its network, the service, any of its services, fraud, criminal activity or where the customer’s use of the service is placing an unreasonable constraint on the MTN network which may impact the experience of other MTN Customers.
5. RICA
5.1 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.
5.2 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.
5.3 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.
5.4 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.
5.5 If you change ownership to a third party, the Offer is not transferable.
5.6 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.
6. Mobile Number Portability (“MNP”)
6.1 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 the customer’s 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.
7. Cancellation
7.1 Qualifying Customers may cancel their Offer by contacting the MTN stores or call centres.
7.2 Qualifying Customers are bound to the cancellation provisions contained in their MTN 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 MTN reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Offer, its s, its products and services and to modify its s, its products and services at its discretion, with notice to you.
8.2 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.
8.3 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.
8.4 MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.
8.5 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.
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 10.2 and 10.3 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):
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 9.1 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.
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.