MyMTN App 1GB Bundle Promotion 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 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 Promotional 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 Promotional 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, 3, 4, 5, 6 , 7 and 8
1. The MyMTN App 1GB Bundle Promotional Offering
The MyMTN Customers that download the App for the first time will receive a free 1 GB additional data (the "Promotional Offer/Promotional Offering”) within 24 hours of a successful App download and log in
2. Promotional Offer Period
2.1 The Promotional Offer will be available from 1 August 2018 until 31 December 2018
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 Promotional Offer is available to the following MTN customers:
3.1.1 All MTN customers who are on PayAsYouGo, TopUp, My MTNChoice and Contract plans, using Android and iOS devices, and that have not downloaded and used the MyMTN App previously.
3.1.2 To qualify for the free 1GB allocation, you must download the latest version of the MyMTN App for Android and iOS devices, you need to use the downloaded MyMTN App, and you must be a first time user of the MyMTN App (the “Qualifying Customers”).
4. The Promotional Offer
4.1 Free 1 GB data, valid for 1 day, i.e. expires at 23:59 on the day of allocation.
5. Terms and Conditions
5.1 Further to the MTN Subscriber Contract Terms and Conditions, the following specific Terms and Conditions will apply to the Promotional Offer:
5.1.1 The Free 1GB data promotion is valid for 1 Day up to 23:59 on the day, including the day of allocation.
5.1.2 The 1GB Free data promotion can take up to 24hrs after you have used the downloaded MyMTN App for the first time.
5.1.3 To qualify for the offer you must have a valid MTN SIM card.
5.1.4 The 1GB Free data offer will be allocated in full with no pro-ration.
5.1.5 The 1GB Free offer will only be allocated once per device and per SIM..
5.1.6 There is no carry-over of unused bundles after expiry.
5.1.7 This is a consumer data product and may only be used by an end-user that is a natural person.
5.1.8 MTN reserves the right to vary offers as deemed necessary.
5.1.9 The 1GB Free data cannot be transferred.
5.1.10 The 1GB Free data offer cannot be used for data roaming.
5.1.11 Once the 1GB Free data has been depleted or expired the applicable out of bundle rates apply (subject to your tariff plan).
5.1.12 To check your balance log in to the MyMTN App, or dial *136*#
5.1.13 MTN reserves the right to suspend the service in the event of suspected abuse where non-compliant devices as specified by the regulating body ICASA are being used on the MTN network.
6. Data Roaming
6.1 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 Promotional Offer.
6.2 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.
7. Modification of Terms and Conditions
7.1 MTN reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotional Offer, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.
7.2 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.
7.3 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.
7.4 MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.
7.5 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.
8. Limitation of Liability
8.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 8.2 and 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 MTN does not supply or deliver any device or SIM card/s on the required date or time; or
8.1.2 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or
8.1.3 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or
8.1.4 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or
8.1.5 as a result of the use of any device supplied to you by MTN relating to this service.
8.1.6 Clause 8.1 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.
9. General
9.1 MTN is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services.
9.2 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.
9.3 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.