MTN Traveller Data Bundles 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 MTN Traveller Bundles are monthly data bundles that allow MTN tourists customers to communicate with their family, friends and business associates whilst visiting South Africa. These bundles will be available in the selected MTN Branded Retail Channel Stores at the 3 major International Airports namely O.R Tambo International, King UShaka airport and Cape Town International Airport.

2. Offer Period

2.1 The Offer will be available on the 25th February 2020 until such time as advised otherwise by MTN (the “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 Offer is exclusive to all new MTN Prepaid Tourists customers with valid travel documents as follows:

3.1.1 Passport;

3.1.2 Flight seat number; or

3.1.3 Flight number.

4. The Promotional Offer

4.1 MTN Traveller Bundles consist of two data offers as follows:

5. Terms and Conditions

5.1 The MTN Traveller Bundles are exclusive to all new MTN Prepaid Tourists customers with a valid passport.

5.2 The MTN Traveller Bundles are available in the following MTN Retail Stores:

5.2.1 MTN Store at OR Tambo International Airport;

5.2.2 MTN Store at Cape Town International Airport; and

5.2.3 MTN Store at King UShaka International Airport.

5.3 The MTN Traveller Bundles will expire after the 30th day of activation of the bundles.

5.4 The MTN Traveller Bundles are available as once off bundles.

5.5 Data offers consists of Anytime data bundle and Night Express bundles.

5.6 Night Express bundles will be valid for use between 00:00 – 04:59 daily.

5.7 The Qualifying customer will only be able to use the bundles in the Republic of South Africa in an area covered by the MTN Network.

5.8 All other existing data bundles and night express data business rules apply as published on www.mtn.co.za apply.

6. Migration Rule

6.1 Customers who migrate between MTN Prepaid price plans will retain any unused bundles value on the MTN Traveller Bundles.

6.2 Customers who have deactivated their MTN cellphone number off the MTN network will forfeit or lose any remaining MTN Traveller Bundles. MTN will not reinstate the remaining MTN Traveller Bundles value should the Customer reactivate their MTN cellphone number on the MTN network.

7. Sim Swap Rule

7.1 Customers with an active/valid MTN Traveller Bundles performing a SIM swap will retain the value of the Internet Bundle.

8. Depletion Rule

8.1 Once the bundle is depleted, the customer will be billed at their applicable price plan rate associated with that bundle usage

9. Data Share Service

9.1 The MTN Traveller Bundles will not be transferrable via Me2u or Data Share as these are discounted bundles.

10. Data Roaming

10.1 Roaming on MTN Traveller Bundles will not be available.

11. Limitation of Liability

11.1 MTN shall not be responsible for the subscription being interrupted and/or failing for any reason or for any interruption in the network services or handset compatibility.

11.2 MTN, their respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of a person's participation and/or the terms and conditions of this Promotional Offer. Furthermore, you will be solely responsible for all products and the subscription used by you. Accordingly, MTN takes no responsibility for any loss or damage, or any MTN airtime or data associated with the SIM card and/or cellphone number. In the event of theft or loss of your cell phone, airtime, data and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately. All persons using the subscription hereby expressly indemnify MTN in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.

11.3 MTN reserves the right, at any time, to change these terms and conditions and any rules relating to this Promotional Offer, its products and the subscription, and to modify the subscription at its discretion.

11.4 MTN reserves the right at any time to modify, suspend or discontinue the subscription or the Promotional Offer, 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 subscription 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 thereof visit www.mtn.co.za regularly for notice, updates and/or changes to the subscription.

11.5 MTN reserves the right from time to time to vary the charges of the subscription as may be deemed necessary in its discretion.

11.6 See www.mtn.co.za for the Promotional Offer 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.

11.7 MTN shall be entitled to terminate the subscription of any subscriber, if such a subscriber is involved in any fraudulent activity or suspected fraudulent activity. 12. RICA

12.1 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 office when purchasing a SIM card. This is necessary to activate you as a customer on the MTN network.

12.2 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

12.3 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.

12.4 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.

12.5 If you change ownership to a third party, the Offer is not transferable.

12.6 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.

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 or the Offer.

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.

12.4 MTN reserves the right, in its sole and absolute discretion, to terminate or suspend your participation in the promotional offer or the network services where MTN suspects abuse of its network, the promotional offer, any of its services, fraud, criminal activity or where your participation in the promotional offer is placing an unreasonable constraint on the MTN network which may impact the experience of other MTN Customers.

12.5 All Qualifying Customer’s 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 promotional offer.