MTN WOW VOICE Bundles 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, Registration Number 1993/001436/07 (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies 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 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 Offer 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 Offer.
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: 2.1, 2.2,4, 5, 9, and 16
1 The MTN WOW VOICE Bundles Offer
1.1 MTN Customers that purchase daily, weekly or monthly MTN WOW Voice bundles will receive additional MTN-to-MTN minutes (the Offer”).
2 Offer Period
2.1 The Offer will be available from 22 September 2017 or until such time as MTN in its sole and absolute discretion elects to discontinue the Offer (the “Offer Period”).
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 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 available to the following MTN customers:
3.1.1 New and existing MTN prepaid customers (except or MTN customers on the MTN Pay Per Second Price plan) (the “Qualifying Customers”).
3.1.2 All MTN Postpaid classic, Converged (My MTN Choice) and Hybrid (Top Up) customers are excluded from participating in the Offer.
4 The Offer
4.1 Qualifying Customers that purchase the following voice bundles and can receive the following:
Table 1: Offer
| Description | Validity | Cost per Bundle | Any time On-Net Minutes/ Added Value | Direct Code |
|---|---|---|---|---|
| WoW Daily Voice R3 | 24 Hours | R3.00 | 7 | *141*2*1# |
| WoW Daily Voice R7 | 24 Hours | R7.00 | 20 | *141*2*1# |
| WoW Daily Voice R10 | 24 Hours | R10.00 | 35 | *141*2*1# |
| WoW Daily Voice R15 | 24 Hours | R15.00 | 60 | *141*2*1# |
| WoW Weekly Voice R30 | 1 Week | R30.00 | 140 | *141*2*1# |
| WoW Weekly Voice R50 | 1 Week | R50.00 | 250 | *141*2*1# |
| WoW Weekly Voice R100 | 1 Week | R100.00 | 550 | *141*2*1# |
| WoW Monthly Voice R150 | 1 Month | R150.00 | 1000 | *141*2*1# |
| WoW Monthly Voice R200 | 1 Month | R200.00 | 1700 | *141*2*1# |
| WoW Monthly Voice R300 | 1 Month | R300.00 | 3000 | *141*2*1# |
5 Terms and Conditions
5.1 Further to the MTN Prepaid Terms and Conditions, the following specific terms and conditions will apply to the Offer.
5.1.1 The Offer has the following options available for purchase:
5.1.1.1 Daily Voice Bundles;
5.1.1.2 Weekly Voice Bundles; and
5.1.1.3 Monthly Voice Bundles.
5.1.2 The Daily Voice Bundles are shall be available on a once-off basis.
5.1.3 The Weekly and Monthly Voice Bundles shall be available on a once-off and recurring basis.
5.1.4 The Added Value can only be used on MTN to MTN voice calls in South Africa. Calls to other networks, International Roaming, International Calling and Premium rate calls are excluded from the Offer and the Added Value.
5.1.5 The following expiry rules applies to the Offer:
5.1.5.1 Daily Voice Bundle:
5.1.5.1.1 MTN Daily Bundle will expire 24 hours after the initial provisioning.
5.1.5.1.2 On expiry the entire contents of the Daily Voice bundle wallet will be depleted.
5.1.5.2 Weekly Voice Bundle:
5.1.5.2.1 The Weekly Bundle will expire at 23:59:59 on the 7th day of purchase. For clarity if a Subscriber purchases a Weekly bundle at 23:00 on 1 July 2017, the bundle will expire at 23:59:59 on 7 July 2017.
5.1.5.2.2 On expiry the entire contents of the Weekly bundle wallet will be depleted.
5.1.5.3 Monthly Voice Bundle:
5.1.5.3.1 The MTN Monthly Bundle will expire at 23:59:59 on the monthly anniversary of the day of purchase. For clarity if a Subscriber purchases a Monthly bundle at 23:00 on the 1st July 2017, the bundle will expire at 23:59:59 on the 1th August 2017.
5.1.5.3.2 On expiry the entire contents of the Monthly bundle wallet will be depleted.
5.1.6 Once the Voice bundle balance has been depleted the Subscriber will be charged his applicable price plan rate for any addition usage.
5.1.7 Qualifying Customers are be able to purchase the Offer via:
5.1.7.1 USSD (dialing *141*2#); or
5.1.7.2 the MyMTN App
5.1.8 The following carry over rules applies to the Offer:
5.1.8.1 For Daily Voice Bundle/s:
5.1.8.1.1 The wallet balance of the daily bundle will not be allowed to be carried over beyond the 24 hour expiry time.
5.1.8.1.2 The contents of the daily bundle will not be extended by the purchase of another daily bundle or any other voice bundle.
5.1.8.2 For Weekly Voice Bundle/s:
5.1.8.2.1 weekly bundle will not be allowed to carry over beyond 23:59:59, 7 days after the initial bundle provisioning.
5.1.8.2.2 The contents of the weekly bundle will not be extended by the purchase of another weekly bundle or any other voice bundle.
5.1.8.3 Monthly Voice Bundle/s:
5.1.8.3.1 The wallet balance of the monthly Bundle will not be allowed to carry over beyond 23:59:59 one month after the initial bundle provisioning.
5.1.8.3.2 The contents of the monthly bundle wallet will not be extended by the purchase of another Monthly Voice bundle or any other Voice Bundle.
5.1.9 The purchase of the Voice Bundles in terms of this Offer will count towards loyalty points at the current loyalty reward rules.
5.1.10 Where a Qualifying Customer performs a SIM Swap, the Qualifying Customer will not forfeit any values that the Qualifying Customer retained prior to the SIM Swap.
5.1.11 MTN may, in its sole and absolute discretion, amend the prices and/or Added Value noted in the table above.
5.1.12 Qualifying Customers who migrate or move from one qualifying prepaid price plan to another qualifying price plan will keep their remaining Added Value and Voice Bundle as per the existing expiry rules, however, reoccurrence of the carried over bundle will only be allowed if the new price plan supports these Voice Bundles.
6 Depletion Rules
6.1 The following depletion rules applies to the Offer:
6.2 All Voice Bundle balances forming part of the Offer will be depleted based on the expiry date of the bundle.
6.3 Bundle balances expiring first will be depleted first.
6.4 The Voice bundle forming part of the Offer minutes will be depleted on a per minute basis .i.e. 60:60.
10 Mobile Number Portability (“MNP”)
10.1 This gives you the ability to move to another mobile network and still retain your cell phone number. A Caller Line Identity (“CLI”) validation will need to be done to ensure that the number being ported is in the customer’s 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.
13 Modification of Terms and Conditions
13.1 MTN reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Offer, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.
13.2 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.
13.3 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.
13.4 MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.
13.5 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.
14 Limitation of Liability
14.1 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):-
14.1.1 if MTN does not supply or deliver any device or SIM card/s on the required date or time; or
14.1.2 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or
14.1.3 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or
14.1.4 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or
14.1.5 as a result of the use of any device supplied to you by MTN relating to this service.
14.1.6 This clause 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.
15 General
15.1 MTN is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services.
15.2 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.
15.3 You will be solely responsible for all products and services contained in the Offer from delivery of the Offer to you. Accordingly, MTN takes no responsibility for any loss or damage of any of the contents of this 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.