MTN SMS Porting 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 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 Service 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 Service.
1. Introduction
Mobile Telephone Networks (Proprietary) Limited, Registration Number: 1993/001436/07 (“MTN”) offers potential customers the ability to send an SMS to MTN in order to be ported to the MTN network (the “Service”).
2. Duration
2.1. The Service is available to customers from 08 July 2013 (the “Duration”).
2.2. Notwithstanding the Duration, MTN may, in its sole and absolute discretion, amend the Duration of the Service to a shorter or longer period, or withdraw the Service in its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to the Service.
3. Who Qualifies
3.1. The Service is open to potential customers, in their individual capacity, who request a port to MTN (the “Potential Customers”).
3.2. The Service is only open to prepaid Potential customers.
4. How to Access the Service
4.1. Potential Customers may access the Service following the steps below:
4.1.1. buy an MTN SIM pack (at any MTN store or participating retail outlet);
4.1.2. upon purchase of the MTN SIM pack, you must RICA the MTN SIM card in-store (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);
Please do not insert your MTN SIM card into your mobile device yet
4.1.3. write down the Kit number recorded on the back of the MTN SIM pack. From your current operator SIM card, SMS the phrase “PORTME#” followed by the Kit number to 083 767 8287;
4.1.4. MTN will send you 3 (three) confirmation messages to advise you of the status of your request to port;
4.1.5. upon receiving the third confirmation message from MTN, remove your current operator SIM card from your handset/device;
4.1.6. insert your MTN SIM card into your handset/device. Your MTN SIM card will now be active,
(the “Criteria”).
4.2. Standard network SMS rates apply. Errors will be billed.
5. General Rules
5.1. The Service is available Mondays to Sundays.
5.2. Potential Customers acknowledge and accept that they will forfeit any remaining airtime and bundles which they have on their current operator SIM card when they join the MTN network.
5.3. MTN shall process the Potential Customer’s request within 24 (twenty four) hours of receipt of a port request.
5.4. In the event that the cellphone number is incorrect or does not match the cellphone number from which the port request is sent, MTN shall notify the Potential Customer by SMS. Errors will be billed, in accordance with clause 4.2 above.
5.5. Potential Customers may request a port for a prepaid cellphone number on their handset and/or their tablet PC.
6. Fraud
Potential Customers who fraudulently submit information or are suspected of fraudulent activity shall be reported to the South African Police Service by MTN.
7. Modification of Terms and Conditions
7.1. See www.mtn.co.za for Service 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.
7.2. MTN reserves the right at any time to modify, suspend or discontinue the Service, 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 your SIM card, 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 the Service.
7.3. MTN reserves the right from time to time to vary the charges (if any) of the Service, as may be deemed necessary in its discretion.
7.4. Any amended Terms and Conditions published in any media, or on the MTN website www.mtn.co.za will form part of the Terms and Conditions of the Service, to which terms the Potential Customers agree to be bound.
8. Limitation of Liability8.1. Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to the provisions of clause 8.2 and clause 8.3 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):-
8.1.1. if the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or
8.1.2. if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or
8.1.3. if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents.
8.2. Clause 8.1 does not limit or exclude any warranties or obligations which are implied into the Promotional Offer 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.
8.3. Clause 8.1 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 8.1 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 8.1 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.
9. General9.1. MTN is not responsible for the Service being interrupted and/or failing for any reason or for any interruption in the network services.
9.2. You will be solely responsible for all access to the Service. Accordingly, MTN takes no responsibility for any loss or damage suffered by you in your use of the Service.
9.3. The decision of MTN in respect of disputes arising out of this Service will be dealt with by MTN in terms of these Terms and Conditions. The decision of MTN in this regard will be final.
9.4. All Potential Customers indemnify MTN and their directors, officers, employees and agents, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever in connection with their participation in any way whatsoever in the Service.
9.5. MTN shall be entitled to prohibit or terminate any Potential Customer’s participation in the Service if such Potential Customer does not meet the criteria detailed herein and/or if the Potential Customer is involved in any fraudulent activity or suspected fraudulent activity.
9.6. Customers may contact the MTN Customer care centre on 135 (from an MTN number) or 083 135 (from a non-MTN number) for further information.