Please note that as of 20 November 2019 these Terms and Conditions have been amended the provision of clause 1.1, 4.1 and 6.2 have been amended.

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, Registration Number 1993/001436/07 (“MTN”) will have towards Customers and other persons. These Terms and Conditions also limit and exclude Customers rights and remedies MTN and place various risks, liabilities, obligations and legal responsibilities on you. 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 Customers.

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 Promotion will constitute Customers agreement to comply with these Terms and Conditions. If Customers do not agree with these Terms and Conditions, please do not participate in this Promotion.

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, 7,8,9,10,11,12 and 13.

1. Introduction

1.1 MTN Night Express data bundles are available to MTN customers, to surf the internet and connect to social media platforms. Allocation of data value to be used between 00:01 – 04:59 as detailed in these Terms and Conditions (the “MTN Night Express Internet Bundles”/ “Bundles”).

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 October 2014 until such time as MTN in its sole and absolute discretion elects to discontinue the Offer.

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 Qualifying Customers

3.1 The MTN Night Express Data Bundles Suite is available to MTN PayAsYouGo, MTN TopUp, MTN Contract and My MTNChoice customers (the “Customers”).

4 The MTN Night Express Internet Bundles offers

4.1 The MTN Night Express Daily Data Bundles offer are:

5 How to Purchase the MTN Night Express Data Bundles

5.1 Customers may purchase the Bundles through:

5.1.1 IVR – by dialling 136;

5.1.2 USSD – by dialling *136*2#;

5.1.3 MTN Stores or their service provider;

5.1.4 MyMTNza;

5.1.5 MTN.co.za; and

5.1.6 MTNAPP.

6 Validity Period and Allocation of Data Value

6.1 The MTN Night Express Monthly Data Bundles:

6.1.1 The MTN Night Express Daily bundles are available in a 250MB (two-hundred and fifty megabytes) and 1GB (one-gigabyte) denomination whereas the Monthly Data Bundles are available in denominations of 100MB (one hundred megabytes), 300MB (three hundred megabytes), 500MB (five hundred megabytes), 1GB (one gigabyte), 2GB (two gigabytes), 5GB (five gigabytes), 10GB (ten gigabytes) or 20GB (twenty gigabytes) (referred to in these Terms and Conditions as the ”Applicable Data Value”)

6.1.2 The MTN Night Express Daily bundles are valid for 1 day and the Monthly Data Bundles are valid for a period of 30 days, from the date it is loaded by the Customer (the “Validity Period”).

6.2 The Applicable Data Value may be used between the hours of 00h01 and 04h59 only, within the Republic of South Africa (the “Eligible Hours”).

6.3 Any Internet usage before and after the Eligible Hours shall deplete from the Customer’s MTN Data Bundles loaded (if any) or at the Base Priceplan Data Rate.

6.4 At the end of the Validity Period, and in the event that the Customer does not have a recurring Bundle, the Customer’s data usage will follow MTN’s standard Internet usage rules (that is, be billed against any available MTN Data Bundles or be charged the standard out of bundle rate) for usage during the Eligible Hours.

7 Cancellation

7.1 Once off (Adhoc) and Recurring (Daily and Monthly) MTN Night Express Data Bundles.

7.2 Customers may load multiple (that is, more than 1)5(five) MTN Night Express Daily and Monthly Data Bundle, at any given time per validity, subject to clause

7.3 below. Customers will only be able to buy a maximum of 5 (five) MTN Night express bundles per validity. i.e.) A customer can purchase 5(five) MTN Night Express Daily Bundles per day however customers will only be able to purchase 5 (five) MTN Night Express Monthly bundles for 30 days.

7.3 Customers may purchase once-off (Adhoc) MTN Night Express Daily and Monthly Data Bundles up to a maximum of 45GB (forty-five gigabytes), at any given time.

7.4 Customers subscribing to a recurring (Daily or monthly) MTN Night Express Daily or Monthly Internet Bundle shall receive the Applicable Data Value, daily or monthly, in accordance with the date on which the first MTN Night Express Daily or Monthly Data Bundle is loaded. For example, if a customer loads a recurring MTN Night Express Internet Bundle on 20 November, the Bundle will be provisioned again to the Customer on 20 December and 20 January and so forth.

8 Out of Bundle Rates and Carry-Over Rules

8.1 In the event that the Customer exceeds/reaches the inclusive Applicable Data Value, the Customer will be billed at their Base Priceplan Data Rate or in terms of any MTN Internet bundle loaded (if any).

8.2 Any unused inclusive Applicable Data Value will expire at the end of the Validity Period. There is no carry-over of unused inclusive Applicable Data Value.

9 Add-On Bundles and Depletion Rules

9.1 In the event that the Customer has depleted/reached the inclusive Applicable Data Value and the Customer has a recurring Bundle, the Customer may load another MTN Night Express Internet Bundle or any of MTN’s Internet Bundles to use until the next recurrence date.

9.2 Customers may load MTN SKY Bundles while they have an existing MTN Night Express Internet Bundle.

9.3 Customer’s data usage shall deplete in the following order:

9.3.1 MTN SKY Uncapped Bundle (if loaded);

9.3.2 Promotional data value (if any) / BlackBerry® BIS / BlackBerry® Tiered Services;

9.3.3 inclusive Applicable Data Value;

9.3.4 other MTN Internet Bundles.

9.4 If Customers have existing MTN Data Bundles or load other MTN Internet Bundles, the lowest/best out of bundle rate relevant to the last activated once-off Internet bundle, valid recurring Internet bundle or price plan out of bundle rate will apply.

10 Cancellation of the MTN Night Express Internet Bundles

10.1 Customers are unable to cancel a once-off MTN Night Express Data Bundle.

10.2 Customers may cancel a recurring MTN Night Express Data Bundle. These Customers shall not receive the Applicable Data Value on the recurrence date (that is, the next month).

11 Migration

11.1 Customers who migrate between MTN PayAsYouGo price plans during the Validity Period of the MTN Night Express Data 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.

11.2 Customers who do a subtype migrate (MTN PayAsYouGo to Contract or TopUp to My MTN Choice), shall forfeit (that is, lose) the MTN Night Express Data Value.

12 Data Roaming

12.1 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.

12.2 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.

13 MTN 1-4-1 Loyalty Points

13.1 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.

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

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

13.4 The MTN Night Express Data Bundles are not available for purchase through the MTN 1-4-1 Loyalty Points catalogue.

14 Mobile Number Portability (“MNP”)

14.1This 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.

15 Connection of SIM card

15.1MTN 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.

16 SIM Swap

16.1 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.

16.2 Customers with an active/valid MTN Night Express Data Bundle performing a SIM swap shall retain the value associated with their Bundle.

17 Value-Added Services

17.1All 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.

18 Modification of Terms and Conditions

18.1 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.

18.2 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.

18.3 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.

18.4 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.

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

18.6 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.

19 Limitation of Liability

19.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 19.2 and 19.3 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).

19.1.1 If MTN does not supply or deliver any device or SIM card/s on the required date or time or

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

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

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

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

19.2 Clause 19.1 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.

19.3 Clause 19.1 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 19.1 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 19.1 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.

20 MTN Access4Life Extender

20.1 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.

20.2 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.

20.3 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.

20.4 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.

21 General

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

21.2 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.

21.3 You will be solely responsible for all products and services available this off through this offering. Accordingly, MTN takes no responsibility for any loss or damage caused by your access through the Bundles, 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.

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