New 100% BONUS Recharge Starter Pack Proposition 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 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, 3, 4, 5, 9,10,11,12 AND 14.

1 Introduction

1.1 Customers buying and activating a new 100% Bonus Recharge SIM / starter pack, migrating from postpaid to prepaid and customers porting in from other networks will qualify for the new 100% airtime reward giveback, for a period of 6 months from date of acquisition.

1.2 Customers shall receive 100% airtime back when recharging with amounts of R5 or more, valid until 23:59 on the day of recharge.

(“ the Offer/Offering”).

2 Offer Period

2.1 The Offer will be available to the market from 26 March 2018

2.2 The Offer will be available until such time as the MTN in its sole and absolute discretion elects to discontinue the service

(“ Offer Period”).

2.3 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 Offering is available to the following:

3.1.1 All new prepaid customers.

3.2 Postpaid TopUp, Hybrid and Converged and Postpaid classic customers will be excluded from this Promotional Offer.

4 What does the Offer Entail?

4.1 All new MTN Prepaid customers shall, by default, be provisioned on the MTN Base Priceplan.

4.2 New MTN Prepaid customers includes customers:

4.2.1 Purchasing and activating a new 100% Bonus Recharge SIM / Starter pack.

4.2.2 Customers migrating from MTN Postpaid to MTN prepaid.

4.2.3 Customers porting in to MTN Prepaid from other networks.

4.3 Customers buying and activating a new 100% Bonus Recharge SIM / starter pack, migrating from Postpaid to prepaid and customers porting in from other networks will qualify for the new 100% airtime reward giveback, for a period of 6 months from date of acquisition.

4.4 Customers shall receive 100% airtime back when recharging with amounts of R5 or more, valid until 23:59 on the day of recharge

4.5 MTN free minutes shall be used to call all local networks.

4.6 An SMS notification shall be sent to notify customers of the reward and reward expiry.

4.7 Customers shall be able to view the balance of the reward via all Prepaid channels (MTN App, USSD, IVR, MTN.co,za etc.).

4.8 The 100% giveback promo value shall not be transferrable via Me2U.

4.9 Airtime value in the 100% giveback promo wallet shall not be allowed to be shared between MSISDNs.

4.10 Usage / depletion of airtime in the 100% giveback promo wallet shall count towards Access4Life.

4.11 Airtime in the 100% giveback promo wallet shall not be allowed to be used to purchase any other MTN products e.g., Data, SMS and Voice bundles.

4.12 Airtime obtained from Xtra-Time shall not receive the 100% giveback bonus. This is to ensure that customers do not receive a double bonus when they recharge with airtime to repay the Xtra-Time debt.

4.13 Bonus airtime shall not be allowed to be used to repay MTN Xtra time debt or service fees.

4.14 From date of implementation, all new MTN prepaid customers shall not be allowed to opt in to any WoW tier giveback promotion. (To avoid confusion customers cannot opt in to the WoW giveback promo e.g. use R7 and get 55minutes)

4.15 These customers shall still be allowed to purchase MTN WOW Voice and MTN Value 4 Me bundles.

5 Provisioning Rules

5.1 New MTN Prepaid customers shall be provisioned with the 100% Bonus Recharge promo while they are on the MTN Base priceplan.

5.2 Customers with the 100% Bonus Recharge promo who recharge with R5 or more shall be provisioned with bonus airtime to the value of their recharge amount.

Examples:

5.3 Recharges of less than R5 shall not qualify to receive the bonus airtime value.

5.4 Each recharge instance shall be evaluated separately, cumulative recharge values which equal to or exceed R5 for the day shall not qualify for the bonus airtime unless each recharge amount is equal to or exceeds R5.

Example:

5.5 The bonus airtime shall be limited to a maximum giveback value of R500 per day.

Example:

5.6 Customers who receive ME2U transfers shall not qualify for the bonus airtime on the Me2U transfer.

5.7 The 100% bonus airtime shall only be for the first 6 calendar months from date of SIM activation.

6 Expiry Rules

6.1 All accumulated Bonus airtime shall expire at 23:59 on the day of recharge and bonus allocation/ provisioning.

7 Carry Over Rules

7.1 There is no carry over rules applicable.

8 Sim Swap Rules

8.1 Value carry over, where a subscriber performs a SIM Swap, the Subscriber will not forfeit any values that the Subscriber retained prior to the SIM Swap.

9 What are the Migration Rules?

9.1 Customers who migrate out of MTN Base shall no longer qualify for the 100% giveback promo.

9.2 Customers who migrate out of the MTN base Priceplan to another prepaid Priceplan shall lose the balance of their 100% giveback wallet.

9.3 Customers who perform a customer type migration (from prepaid to postpaid / hybrid / converged) shall lose the balance of the 100% giveback wallet on migration.

9.4 MTN Prepaid Customers who migrate in to the MTN Base Priceplan shall qualify for the 100% giveback promo should the prepaid SIM activation date be within the 6-month validity period specified in rule.

10 What are the Depletion Rules?

10.1 Bonus airtime value shall be allowed to be depleted by:

10.1.1 Local On Net Voice calls;

10.1.2 Local Off Net Voice calls;

10.1.3 Local On Net Video calls;

10.1.4 Local Off Net Video calls;

10.1.5 Local On Net SMS;

10.1.6 Local Off Net SMS;

10.1.7 Local On Net MMS;

10.1.8 Local Off Net MMS; and

10.1.9 Local Data (surfing the net).

10.2 Bonus airtime value shall be depleted at the same rate as the MTN Base priceplan Rate i.e. when initially provisioned:

10.2.1 Local On Net Voice calls (R1.50 per minute);

10.2.2 Local Off Net Voice calls (R1.50 per minute);

10.2.3 Local On Net Video calls (R3.00 per minute);

10.2.4 Local Off Net Video calls (R3.00 per minute);

10.2.5 Local On Net SMS (R0.50 per SMS);

10.2.6 Local Off Net SMS (R0.50 per SMS);

10.2.7 Local On Net MMS (R0.90 per MMS);

10.2.8 Local Off Net MMS(R0.90 per MMS); and

10.2.9 Local Data (R1.50 per MB).

10.3 Bonus airtime value shall be depleted at per minute billing increments for voice and video calls.

10.4 Bonus airtime shall be depleted at the customers’ applicable out of bundle rate. This means that should the customer opt in to an alternative out of bundle data rate or if one is automatically provided for him.

10.5 Bonus airtime value shall be depleted before paid for airtime.

10.6 Airtime with the closest expiry date shall be depleted first.

10.7 The bonus airtime balance shall be visible when a customer performs a balance enquiry.

10.8 The bonus airtime balance and expiry date and time shall be displayed when a customer performs a detailed airtime balance enquiry.

11 RICA

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

11.2 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.

11.3 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.

11.4 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.

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

11.6 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 Cancellation

12.1 Qualifying Customers may cancel their Offer by contacting the MTN stores or call centres.

12.2 Qualifying Customers are bound to the cancellation provisions contained in their Qualifying Customer Contract Terms and Conditions, which includes, but is not limited to, the liability of cancellation charges.

13 Modification of Terms and Conditions

13.1 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.

13.2 MTN reserves the right at any time to modify, suspend or discontinue the Offer (on notice to you), 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 Offer, 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 Offer. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.

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

13.4 Any 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 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 Clause 14.1.1 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.

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 or the Offer.

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.

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