MTN WOW Bonus Promotion Terms and Conditions (“Terms and Conditions”)

NOTICE: PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEN AMENDED AS OF 30 JULY 2015. THE PROVISIONS OF CLAUSES 2.1 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5, 4.2.6, 4.3, and 5.2 HAVE BEEN AMENDED.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEM AMENDED AS OF 21 DECEMBER 2016. THE FOLLOWING CLAUSES HAVE BEEN AMENDED: CLAUSES 2.1, 2.2.1 and 2.2.2

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: 2.2, 9, 10, 11 and 12.

1. Introduction

MTN PayAsYouGo and MTN TopUp customers, who opt-in to this promotion and use a minimum MTN airtime value of R7.00 (seven Rand) up to R15.00 (fifteen Rand), shall receive giveback MTN airtime as well as a bonus MTN data value, dependent on their usage and promotion opted-in to. The giveback airtime may be used for local MTN-to-MTN voice calls and MTN-to-MTN SMSs, as well as local data usage, as detailed in these Terms and Conditions (the “MTN WOW Bonus Promotion” / the “Promotion”).

2. Promotion Period

2.1 MTN-to- MTN (On-net) WOW will be available from 01 August 2015 until 31 January 2017.

2.2. The Promotion shall commence on 15 August 2014 until:

2.2.1. 31 March 2017, for MTN TopUp customers; and

2.2.2. 31 March 2017, for MTN PayAsYouGo customers, (the “Promotion Period”).

2.2.3. 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

3.1. The MTN WOW Bonus Promotion is open to all:

3.1.1. MTN PayAsYouGo customers; and

3.1.2. MTN TopUp customers (please refer to clause 2 for Promotion Period), (the “Customers”).

3.2. For the avoidance of doubt, the MTN WOW Bonus Promotion is not available to MTN Contract customers or My MTNChoice customers.

4. How to Qualify

In order to qualify for the MTN WOW Bonus Promotion, Customers must:

4.1. opt-in to the Promotion, by dialling:

4.1.1 *130*509# for the R3.00 (three Rand) MTN-to MTN & Data usage WOW Bonus Promotion

4.1.2 *130*510# for the R4.00 (four Rand) MTN-to-MTN & Data usage WOW Bonus Promotion

4.1.3 *130*511# for the R5.00 (five Rand) MTN-to-MTN & Data usage WOW Bonus Promotion

4.1.4 *130*512# for the R6.00 (six Rand) MTN-to-MTN & Data usage WOW Bonus Promotion

4.1.5 *130*513# for the R7.00 (seven Rand) MTN-to-MTN & Data usage WOW Bonus Promotion

4.1.6 *130*514# for the R9.00 (nine Rand) MTN-to-MTN & Data usage WOW Bonus Promotion

4.1.7. *130*501# for the R7.00 (seven Rand) usage WOW Bonus Promotion;

4.1.8. *130*502# for the R9.00 (nine Rand) usage WOW Bonus Promotion;

4.1.9. *130*503# for the R11.00 (eleven Rand) usage WOW Bonus Promotion;

4.1.10. *130*504# for the R16.00 (sixteen Rand) usage WOW Bonus Promotion;

4.1.11. *130*506# for the R21.00 (twenty one Rand) usage WOW Bonus Promotion; or

4.1.12. *130*507#; for the R26.00 (twenty six Rand) usage WOW Bonus Promotion, (the “MTN WOW Bonus Tiers”); and

4.2. use a minimum amount of:

4.2.2 R4.00 (four Rand) MTN-to MTN calls & Data usage only (International calls, International SMSs and MMS do not apply to this), per day, for the R4.00 usage WOW Bonus Promotion

4.2.3 R5.00 (five Rand) MTN-to MTN calls & Data usage only (International calls, International SMSs and MMS do not apply to this), per day, for the R5.00 usage WOW Bonus Promotion

4.2.4 R6.00 (six Rand) MTN-to MTN calls & Data usage only (International calls, International SMSs and MMS do not apply to this), per day, for the R6.00 usage WOW Bonus Promotion

4.2.5 R7.00 (seven Rand) MTN-to MTN calls & Data usage only (International calls, International SMSs and MMS do not apply to this), per day, for the R7.00 usage WOW Bonus Promotion

4.2.6 R9.00 (nine Rand) MTN-to MTN calls & Data usage only (International calls, International SMSs and MMS do not apply to this), per day, for the R9.00 usage WOW Bonus Promotion

4.2.7. R7.00 (seven Rand) MTN airtime (International Calls ,International SMSs and MMS do not apply to this), per day, for the R7.00 usage WOW Bonus Promotion;

4.2.8. R9.00 (nine Rand) MTN airtime (International Calls ,International SMSs and MMS do not apply to this), per day, for the R9.00 usage WOW Bonus Promotion;

4.2.9. R11.00 (eleven Rand) MTN airtime (International Calls ,International SMSs and MMS do not apply to this), per day, for the R11.00 usage WOW Bonus Promotion;

4.2.10. R16.00 (sixteen Rand) MTN airtime (International Calls ,International SMSs and MMS do not apply to this), per day, for the R16.00 usage WOW Bonus Promotion;

4.2.11. R21.00 (twenty one Rand) MTN airtime (International Calls ,International SMSs and MMS do not apply to this), per day, for the R21.00 usage WOW Bonus Promotion; or

4.2.12. R26.00 (twenty six Rand) MTN airtime (International Calls ,International SMSs and MMS do not apply to this), per day, for the R26.00 usage WOW Bonus Promotion, (the “Minimum Airtime Usage Value”).

4.3. Please note: The Wow Airtime Value does not apply to recharges only. Customers must use the Minimum Usage Value of MTN airtime (Excludes International Calling, SMS and MMS) depending on the MTN WOW Bonus Tier opted-in to by the Customer. Usage of any free airtime (including MTN loyalty airtime) does not qualify.

5. The Wow Airtime Value and Use

5.1 Customers who fulfil the requirements of clauses 3 and 4 above will receive a giveback MTN airtime value, as well as a bonus data value (the “Wow Airtime Value”), as detailed in the table below:

 

 

5.2: Customers who fulfil the requirements of clauses 3 and 4 above for MTN-to-MTN calls and Data usage, will receive a giveback MTN airtime value, as well as a bonus data value (the “Wow Airtime Value”), as detailed in the table below

 

All pricing above is inclusive of value added tax (VAT).

5.2 The Wow Airtime Value may only be used for:

5.2.1 local MTN-to-MTN voice calls;

5.2.2 local MTN-to-MTN SMSs; and

5.2.3 local data usage.

5.3 The Wow Airtime Value cannot be used for local SMSs to other networks, International SMSs or calls, video calls, premium rated and content related purchases or International roaming.

6. Billing / Depletion of the Wow Airtime Value

6.1 The rates in the table detailed in clause 5.1 above are applicable.

6.2 Local MTN-to-MTN voice calls are billed on a per minute basis.

6.3 Each SMS is calculated in units of 160 (one hundred and sixty) characters or part thereof.

6.4 Data usage applies to local data usage and is billed per megabyte.

6.5 For MTN PayAsYouGo Customers, the Wow Airtime Value depletes before the Customer’s recharge airtime.

6.6 For MTN TopUp Customers, Wow Airtime Value depletes before the Customer’s inclusive Rand value and recharge airtime.

6.7 If the Customer has an SMS bundle loaded, then the SMS bundles will deplete first, then the Wow Airtime Value will deplete second and then the Customer’s normal airtime.

6.8 If the Customer has an MTN Internet Bundle loaded, then the data usage will deplete first from the Customer’s Wow Airtime Value, before any other available data bundle.

6.9 MTN Zone Per Second discounts do not apply to the Wow Airtime Value.

6.10 MTN Talk Free billing does not apply to the Wow Airtime Value.

6.11 Customers on the MTN Pulse price plan will not earn Wow Airtime Value on the usage of MTN airtime for MTN Pulse to Pulse calls. Customers on the MTN Pulse price plan will be eligible to earn the Wow Airtime Value when calling other MTN numbers (that is, those numbers not on the MTN Pulse price plan) or other networks.

7. Rules

7.1 The Wow Airtime Value may only be received / earned once daily, upon the Customer using the Minimum Airtime Usage Value, applicable to the MTN WOW Bonus Tier opted-in to.

7.2 Customers may only be active on 1 (one) MTN WOW Bonus Tier or MTN WOW Bonus promotion at a time. That is, if a Customer has opted-in to any MTN WOW Bonus Tier or MTN WOW Bonus and then opts-in to a different MTN WOW Bonus Tier or MTN WOW Bonus promotion, the Customer will automatically be opted-out of their existing MTN WOW Bonus Tier or MTN WOW Bonus promotion.

7.3 Customers who have received any other MTN WOW Bonus Promotion giveback for the day, and then move to this Promotion, will not receive the giveback of this Promotion on the same day.

7.4 Customers must opt-in to the Promotion in order to receive the Wow Airtime Value. Customers will not earn Wow Airtime Value on usage of MTN airtime before opting-in to the Promotion.

7.5 If a Customer moves from one MTN WOW Bonus Tier to another MTN WOW Bonus Tier, in the same day, the Customer’s airtime usage will not be reset. Any airtime usage on that day will still be applicable, until 23h59 on that day. Examples:

7.5.1 If a Customer opts-in to the R11.00 usage WOW Bonus Promotion and has used R9.00 for the day, but moves to the R9.00 usage WOW Bonus Promotion, the Wow Airtime Value will only be awarded on the next qualifying usage of at least 1c (one cent);

7.5.2 If a Customer opts-in to the R9.00 usage WOW Bonus Promotion and has used R7.00 for the day, but moves to the R10.00 usage WOW Bonus Promotion, the Customer’s R7.00 airtime usage will still be valid and the Customer will need to use R3.00 more to receive the Wow Airtime Value.

7.6 Usage of the Wow Airtime Value does not count toward the Customer’s MTN 141 Loyalty Points balance.

7.7 The Wow Airtime Value may not be used to purchase MTN airtime, SMS or Internet bundles or any products/services on the MTN 141 Loyalty Points Catalogue.

7.8 The Wow Airtime Value may not be transferred via MTN Me2U.

7.9 Recipients of MTN Me2U airtime do not qualify for the Wow Airtime Value.

7.10 Sending MTN Me2U transfers does not qualify as usage of MTN airtime and will not qualify for the Wow Airtime Value.

7.11 Dialling of premium-rated numbers and USSD codes (including but not limited to *120* USSD codes) does not qualify as usage and will not qualify for the Wow Airtime Value.

7.12 Purchase and use of MTN SMS bundles, MTN Internet Bundles or any other MTN Bundles (for example MTN PAYG Bundles) does not qualify as usage and will not qualify for the Wow Airtime Value.

7.13 Customers may view their Wow Airtime Value balance by dialling *141#.

7.14 Customers may opt out from the:

7.14.1 R7.00 (seven Rand) usage WOW Bonus Promotion, by dialling *130*501*1#;

7.14.2 R9 (nine Rand) usage WOW Bonus Promotion, by dialling *130*502*1#;

7.14.3 R11 usage WOW Bonus Promotion, by dialling *130*503*1#;

7.14.4 R16 usage WOW Bonus Promotion, by dialling *130*504*1#;

7.14.5 R21 usage WOW Bonus Promotion, by dialling *130*506*1#; and

7.14.6 R26 usage WOW Bonus Promotion, by dialling *130*507*1#.

8. Expiry of the Wow Airtime Value

8.1 The Wow Airtime Value shall expire at 23h59 on the day it is allocated to the Customer’s airtime account.

8.2 Any unused Wow Airtime Value does not carry-over and will be lost/forfeited.

9. Migration

9.1 Customers may move between MTN PayAsYouGo price plans or MTN TopUp price plans and will not lose their existing Wow Airtime Value.

9.2 Upon migration to an MTN Contract or My MTNChoice price plan, the Wow Airtime Value will be forfeited/lost.

10. Modification of Terms and Conditions

10.1. 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.

10.2. 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.

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

10.4. 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.

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.

11.2. 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.

11.3. Clause 11.1 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 11.1 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 11.1 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.

12. General

12.1. MTN is not responsible for any calls and/or services being cut off due to your airtime or Internet bundle credit having expired for any reason. MTN will, however, endeavour to contact you to advise you that your airtime minutes are depleted, prior to it running out.

12.2. MTN does not warrant or guarantee that it will notify you at that time or at all, and you agree that MTN is not liable for any loss you or any other person may suffer, allegedly as a result of MTN not contacting you at that time or at all.

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

12.4. You will be able to make and receive calls only when you are in the Republic of South Africa in an area covered by the MTN network in the Republic of South Africa. You will also be able to make or receive calls while you are outside the Republic of South Africa, subject to MTN’s roaming terms and conditions. The tariffs and guide on how to manage calls while roaming (outside of the Republic of South Africa) can be found on www.mtn.co.za.

12.5. You will be solely responsible for all products and services used by you. Accordingly, MTN takes no responsibility for any loss or damage, or any MTN airtime associated with the SIM card/cellphone number. In the event of theft or loss of your cellphone, airtime 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.

12.6. 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.

12.7. MTN shall be entitled to prohibit or terminate any Customer’s participation in the Promotion if such Customer does not meet the criteria detailed herein and/or if the Customer is involved in any fraudulent activity or suspected fraudulent activity.

12.8. Customers may contact the MTN Customer Care Centre 135 for further information.