MTN Yellow Trader LTE Device 30GB Once Off Promotion Terms and Conditions (“Terms and Conditions”)
NOTICE: PLEASE NOTE THAT AS OF 24 MARCH 2017, THESE TERMS AND CONDITIONS HAVE BEEN AMENDED:
THE PROVISIONS OF CLAUSE 5.13 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 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 Promotional 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 Promotional 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, 6, 7, 8, 9, 10, 11 and 12
1 The MTN Yellow Trader LTE Device 30 GB Once Off Promotional Offering
1.1 The MTN Yellow Trader LTE Device 30GB Once Off Promotion provides new Customers and Upgrade customers with 30GB Free data value once off when a qualifying priceplan is taken out with an LTE device (handset, tablet, router & modem) (the "Promotional Offer/Promotional Offering”).
2 Promotional Offer Period
2.1 The Promotional Offer will be available from 2017-11-01 until 2018-01-31 (the “Promotional Offer Period”).
2.2 Notwithstanding the Promotional Offer Period, MTN may, in its sole and absolute discretion, amend the duration of the Promotional Offer Period to a shorter or longer period, or withdraw the Promotional 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 Promotional Offer is available to the following MTN customers:
3.1.1 new MTN contract customers who subscribe to the following price plans:
3.1.1.1 My MTN Choice
3.1.1.2 My MTN Choice Flexi
3.1.1.3 My MTNChoice Talk+
3.1.1.4 My MTNChoice +
3.1.1.5 My MTNChoice Data
3.1.1.6 My MTN Sky Lite
3.1.2 existing MTN customers who are eligible for an upgrade (that is, from month 21 of the customer’s contract) and perform an upgrade to the Promotional Offer (the “Qualifying Customers”).
4 The Promotional Offer
FREE 30GB LTE Data Bundle once off.
5 Terms and Conditions
5.1 Further to the MTN Subscriber Contract Terms and Conditions, the following specific terms and conditions will apply to the Promotional Offer:
5.2 The FREE promotion is to be awarded when a customer takes up a qualifying contract that is paired with a LTE device.
5.3 Qualifying Customers will not be charged for the FREE additional 30GB LTE Data Bundle when loaded / provisioned (once off).
5.4 This promotion is only available to “new” and “upgrade” customers who take a LTE device on a qualifying priceplan:
5.4.1 My MTN Choice
5.4.2 My MTN Choice Flexi
5.4.3 My MTNChoice Talk+
5.4.4 My MTNChoice +
5.4.5 My MTNChoice DataMy MTN Sky Lite.
5.5 This promotion is only available to MTNSP customers (Yello Trader LTE Device Deals)
5.6 The FREE 30GB LTE Data Bundle once off will be valid for 30 days from activation.
5.7 The FREE 30GB LTE Data Bundle is once off and will not recur
5.8 The customer can only receive the FREE 30GB LTE Data Bundle once off per Contract, per cell phone number.
5.9 This FREE 30GB LTE Data Bundle once off value is available as summary balance enquiries via USSD.
.10 FREE 30GB LTE Inclusive Data Value will deplete first before Purchased Inclusive Value.
5.11 There is no Out Of Bundle Rate associated with the FREE 30GB LTE Data Bundle.
5.12 Once the FREE inclusive data value (30GB) has been depleted, customers will be charged their Base Priceplan Out Of Bundle Data Rates from their Airtime or deplete their Data Bundle (if one is loaded).
5.13 The FREE 30GB LTE Data Bundle once off is available on detailed balance enquiry through USSD, *136*1#.
5.14 Customer can only have one of the FREE LTE Data Bundles Promo’s loaded. If they already have had a FREE 10GB LTE Data Bundle per month for 3 months or the FREE 30GB LTE Data Bundle loaded, they will not qualify for the new FREE 30GB LTE Data Bundle once off and vice versa.
5.15 The new FREE 30GB LTE Data Bundle once off will not be prorated. The customer will get the full value regardless of their bill run.
5.16 Customers will receive their free promotional value within 14 working days from the processed / activation date of their price plan.
5.17 Subscribers will keep their FREE 30GB LTE Data Bundle once off value when doing a price plan migration to a qualifying price plan. For example, moving from MTN Made For Me S to MTN Made For Me M.
5.18 Subscribers will forfeit their FREE 30GB LTE Data Bundle once off value when doing a subtype migration (postpaid to prepaid).
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 Promotional 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 Mobile Number Portability (“MNP”)
7.1 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.
8 Data Roaming
8.1 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 Promotional Offer.
8.2 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.
9 Cancellation
9.1 Qualifying Customers may cancel their Promotional Offer by contacting the MTN stores or call centres.
9.2 Qualifying Customers are bound to the cancellation provisions contained in their MTN Subscriber Contract Terms and Conditions, which includes, but is not limited to, the liability of cancellation charges.
10 Modification of Terms and Conditions
10.1 MTN reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotional Offer, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.
10.2 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.
10.3 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.
10.4 MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.
10.5 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.
11 Limitation of Liability
11.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 11.2 and 11.3 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):-
11.1.1 if MTN does not supply or deliver any device or SIM card/s on the required date or time; or
11.1.2 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or
11.1.3 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or
11.1.4 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or
11.1.5 as a result of the use of any device supplied to you by MTN relating to this service.
11.1.6 Clause 11.1 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.
12 General
12.1 MTN is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services.
12.2 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.
12.3 You will be solely responsible for all products and services contained in the Promotional Offer from delivery of the Promotional Offer to you. Accordingly, MTN takes no responsibility for any loss or damage of any of the contents of this Promotional 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.