MTN “FREE 20 GB” data bundle Promotion For Selected Price Plans Terms and Conditions (“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 (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against 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 Promotion 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 Promotion.
SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES: 2, 9, 10 AND 11.
1. Introduction
MTN introduces the Free 20GB Data Bundle Promotion for selected price plans where new customers that sign-up for selected MTN contract (My MTNChoice Data, My MTN Sky, MTN Sky VIP, My MTN Choice Flexi, MTN Made For Home, MTN Made For Business & MTN Made For Me), will get 20GB Free for 1 month (the “Promotion”).
2. Promotion Period
2.1 The Promotion will be available from 1 October 2018 until 30 September 2019 (the “Promotion Period”).
2.2. Notwithstanding the Promotion Period, MTN may, in its sole and absolute discretion, amend the duration of the Promotion Period to a shorter or longer period, or withdraw the Promotion 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
The Promotion is open to all MTN contract customers who sign up for new or upgrade on selected contracts listed in clause 4 below at MTN branded stores, telesales and online channel (the “Customers”).
4. How to Qualify
In order to qualify for the Promotion, Customers must sign-up or upgrade to My MTN Made For Me, MTN Made For Home, My MTNChoice Data, My MTNChoice Flexi, MTN Made For Business, My MTN Sky or MTN Sky VIP price plan during the Promotion Period.
5. Benefits for the Promotion
Customers who fulfil the requirements of clauses 3 and 4 above will receive 20GB of data for FREE, valid for 30 days (the “FREE 20GB Data Bundle”).
6. Depletion of the FREE 20GB Data Bundle
6.1 The FREE 20GB Data Bundle value will deplete first before purchased inclusive value, as per current business rules available atwww.mtn.co.za.
6.2 Once the FREE 20GB Data Bundle has been depleted, Customers will be charged their base price plan data rates from their airtime or deplete their data bundle (if one is loaded).
7. Rules
7.1 This Promotion is only available to new and upgrade MTN contract customers who sign up to My MTNChoice Data, My MTN Sky, MTN Sky VIP, My MTN Choice Flexi, MTN Made For Business, MTN Made For Me and MTN Made For Home Price plans.
7.2 The qualifying Customers will not be charged for the FREE 20GB Data Bundle when loaded or provisioned.
7.3 The FREE 20GB Data Bundle will be received on the next day after activation with the exception of Friday, Saturday, Sunday where it will be received on the following Monday. With regard to a Public Holiday, it will be received on the next working day.
7.4 The FREE 20GB Data Bundle is valid for 30 days from date of activation. Any unused data will not be carried over.
7.5 The FREE 20GB Data Bundle will be once-off.
7.6 There is no out-of-bundle rate associated with the FREE 20GB Data Bundle.
7.8 Bundles deals and/or Laptop deals on any of the selected price plans will also qualify for the FREE 20GB Data.
7.9 2-for-1 deals with qualifying price plans also qualify for the FREE 20GB Data Promo, but only one device will receive the 30GB Free data. i.e. The device that is associated to the activation/upgrade.
8. Migration
Customers may move between qualifying (My MTNChoice Flexi, My MTNChoice Data, Made For Me, My MTN Sky, MTN Sky VIP, MTN Made For Business and MTN Made For Home) price plans and will not lose their existing FREE 20GB Data Bundle.
9. Modification of Terms and Conditions
9.1. MTN reserves the right, at any time, to change these Terms and Conditions and any rules relating to its products and services, and to modify its products and services at its discretion.
9.2. 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.
9.3. MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.
9.4. 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 website or elsewhere in any media.
10. Limitation of Liability
10.1. 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):
10.2 if MTN does not supply or deliver any device or SIM card/s on the required date or time; or
10.3 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or
10.4 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or
10.5 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or
10.6 as a result of the use of any device supplied to you by MTN relating to this service.
10.7 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.
10.8 Clause 10.1 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 10.1 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 10.1 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.
11. General
11.1. MTN is not responsible for a call being interrupted and/or failing for any reason or for any interruption in the network services.
11.2. The decision of MTN in respect of disputes arising out of this Promotion will be dealt with by MTN in terms of these Terms and Conditions. The decision of MTN in this regard will be final.
11.3. MTN shall be entitled to prohibit or terminate any Customer’s participation in the Promotion if such Customer is involved in any fraudulent activity or suspended fraudulent activity.
11.4. MTN reserves the right, in its sole discretion and without liability to the entrants, to cancel, modify or suspend the Competition in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised.