No Data Facebook Terms and Conditions (“Terms and Conditions”)
NOTICE: PLEASE NOTE THAT AS OF 24 MARCH 2017, THESE TERMS AND CONDITIONS HAVE BEEN AMENDED:
THE PROVISIONS OF CLAUSE 1, 4.1.1 and 4.5 HAVE BEEN AMENDED.
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 offering 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 offering. It is your obligation to review these Terms and Conditions regularly.
SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: 2.2, 6, 7 and 8
Clauses:
1. Introduction
Mobile Telephone Networks (Proprietary) Limited (“MTN”) introduces a promotion to all MTN customers, whereby MTN customers will be allowed to access their Facebook account, post, browse and view their feeds on their mobile phone by dialing *156*325# as detailed in these Terms and Conditions (the “Offering”).
2. Offer Period
2.1 The Offering is available from 15 December 2014 until such date as advised by MTN.
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 Offering 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 Offering is available to all:
3.1.1 MTN PayAsYouGo customers;
3.1.2 MTN TopUp customers;
3.1.3 MTN Contract customers; and
3.1.4 My MTNChoice customers;
(the “Customers”)
4. This Offering is at all times subject to these Terms and Conditions:
4.1 The Customer must:
4.1.1 Dial *156*325# to activate their subscription to Facebook;
4.1.2 On being prompted, submit their Facebook username and password;
4.1.3 Following successful login, the Customer will be presented with the Facebook menu;
4.1.4 Thereafter select the Facebook menu option;
4.1.5 Will be prompted to agree to the subscription charges;
4.1.6 Once the subscription charges are accepted, the Customers service will be activated.
4.2 The offering provides the Customer access to User Generated Content (UGC) by their friends on Facebook.
4.3 Charges applicable:
4.3.1 Standard charges apply, ie, 20c (twenty cents) per second; and
4.3.2 Daily subscription charges of 50c (fifty cents) per day; or
4.3.3 Weekly subscription charges of R2.50 (two Rand and fifty cents) per week; or
4.3.4 Monthly subscription charges of R8.50 (eight Rand and fifty cents) per month.
4.4 This Offering:
4.4.1 is accessible from all handsets and the Customer does not need internet on their phone.
4.4.2 this product uses the USSD (Unstructured Supplementary Service Data) broadcast channel, which is supported by all GSM devices and doesn’t require additional data connectivity
4.4.3 cannot be used without a Facebook account.
4.5 Customers can unsubscribe from this service by dialing *156*325*22# or by going to the unsubscribe option in *156#.
5. Migration
5.1. Customers who move between the same type of price plans (such as, from an MTN PayAsYouGo price plan to another MTN PayAsYouGo price plan or from an MTN TopUp price plan to another MTN TopUp price plan or from a My MTNChoice price plan to another My MTNChoice price plan), the Customer shall retain (that is, keep) the benefit of this Offering.
6. Modification of Terms and Conditions
6.1. Participation in this Offering and any benefit awarded in terms of the Offering are subject to these terms and conditions. In so far as it is necessary, required by law or beyond the reasonable control of MTN, MTN reserves the right to vary the nature of the Offering or these terms and conditions, or cancel this Offering upon notice in this regard being published on www.mtn.co.za or in another appropriate medium.
6.2. MTN reserves the right at any time to modify, suspend or discontinue the Offering 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.
6.3. MTN reserves the right from time to time to vary the charges of the Offering as may be deemed necessary in its discretion.
6.4. 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.
6.5 The Customer indemnifies MTN, Facebook 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 this Offering.
7. Limitation of Liability
7.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 7.2 and 7.3 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):-
7.1.1 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or
7.1.2 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or
7.1.3 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or
7.1.4 as a result of the use of any device supplied to you by MTN relating to this service.
7.2 Clause 7.1 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.
7.3 Clause 7.1 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 7.1 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 7.1 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.
8. General
8.1 MTN is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services.
8.2 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 in the Republic of South Africa.
8.3 You will be solely responsible for all products and services accessed through the Offering. Accordingly, MTN takes no responsibility for any loss or damage caused by your access through the Offering. 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.
8.4 The decision of MTN in respect of disputes arising out of this offering will be dealt with by MTN in terms of these Terms and Conditions. The decision of MTN in this regard will be final.
8.5 MTN shall be entitled to prohibit or terminate any Customer’s participation in the offering 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.
8.6 Customers may contact the MTN Customer Care Centre for further information.