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MTN Summer Digital Surprises Terms and Conditions

MTN Twitter Summer Digital Surprises 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 (“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:

Clauses:

1. Introduction

Mobile Telephone Networks (Proprietary) Limited (“MTN”) introduces a promotion to all MTN customers, whereby MTN customers may receive a random Prize of either MTN-to-MTN voice minutes, data value or MTN-to-MTN SMS bundles as detailed in these Terms and Conditions (the “Offering”).

2. Offer Period

2.1.1 The MTN.co.za, MTN online and Mobile Shop Offering, MTN Blog and MTN Play Offering is available from 30 October 2014 until 13 November 2014.

2.1.2. Twitter Offering is available from 3 November 2014 until 24 November 2014.

(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 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 Classic Contract customers;

3.1.4 My MTNChoice customers; and

3.1.5 MTN Sky customers.

(the “Customers”)

3.2 For avoidance of doubt, the Offering is not available to MTN Community payphone customers or MTN Telemetry customers.

4. How to Qualify

4.1 In order to qualify for the Offering, Customers must:

4.1.1 Be an MTN subscriber as stated in 3.1 above; and

4.1.2 Look out for game banners from MTN on MTN.co.za, shop.mtn.co.za, MTN Blog, MTN Play and @MTNza Twitter handle daily, for duration of the Offer Period;

4.1.3 Some Customers may be able to view game banners on their personal device or personal computer; and

4.1.4 If game banners are sent to the Customers personal device or personal computer, the Customer must click on “surprise me now” in order to activate the game;

4.1.5 Game banners will be sent randomly.

4.2 For the MTN online and Mobile Shop, MTN.co.za, MTN Blog and MTN Play Offering, Customers must:

4.2.1 Enter his/her name and cellphone number on the game banner;

4.2.2 Once this has been done, the Customer will qualify to receive a random prize;

4.2.3 The prize voucher code will be sent via SMS to the Customer’s cellphone number provided in the game.

4.2.4 For Customers playing on the MTN online shop, MTN.co.za and MTN Blog Offering the next task will be to fill in cell phone numbers of his/her 4 (four) friends in the 30 (thirty) seconds. The friends that are nominated as such will also receive a random prize which will be delivered to their cell phone number.

4.2.5. For Customers playing on the MTN Mobile Shop and accessing MTN Blog Offering from their mobile device the next task will be to fill in cell phone numbers of his/her 2 (two) friends in 30 (thirty) seconds. The friends that are nominated as such will also receive a random prize which will be delivered to their cell phone number.

4.2.6 A Customer is only allowed to play and win a prize once a day, however they can participate by playing and winning daily during the Offer Period.

4.3. For Twitter Offering, Customers must:

4.3.1 Follow @MTNza on Twitter and look out for tweets from MTN asking him/her to tweet “#SiyaWinaMzala summer phrase” and to upload Twitter Avatar image. Customers will have 30 (thirty) minutes to complete the task as described in the tweet.

4.3.2 The winners will be selected randomly from the received qualifying entries in the 30 (thirty) minutes. The first 30 (thirty) entrants to tweet “#SiyaWinaMzala summer phrase” and who upload Twitter Avatar image in 30 (thirty) minutes will receive a prize voucher PIN code via direct message on Twitter.

4.3.3 To redeem the prize the winner will have to dial *141*voucher code# to receive the prize.

4.3.4 The competition will run twice a day, with the total of 60 (sixty) prizes per day.

4.3.5 Should the customer not wish to redeem the prize, he/she may transfer the prize to another MTN number

5. The Prizes

5.1 Customers who fulfil the requirements of clauses 3 and 4 above shall qualify to receive a random Prize listed below:

5.1.1 R5 (five Rand) to R30 (thirty Rand) MTN-to-MTN voice calls; or

5.1.2 5 MB (five megabytes) to 500 MB (five hundred megabytes) local data value; or

5.1.3 1 GB (gigabyte) or 2 GB (two gigabytes) local data value; or

5.1.4 30 (thirty) or 50 (fifty) SMS Bundles.

(the “Prizes”)

5.2 Please note that the Prizes are subject to change.

5.3 The Customer must redeem the prize within 24 (twenty four) or 48 (forty eight) hours from receipt of the Prize.

5.4 Each Prize will be valid as follows: (the “Validity Period”).

Prize

Value

Validity

Airtime

R5 MTN-to-MTN Airtime

MTN-to-MTN Voice calls valid for 1 day from redemption of the Prize.

Airtime

R10 MTN-to-MTN Airtime

MTN-to-MTN Voice calls valid for 1 day from redemption of the Prize.

Airtime

R15 MTN-to-MTN Airtime

MTN-to-MTN Voice calls valid for 1 day from redemption of the Prize.

Airtime

R30 MTN-to-MTN Airtime

MTN-to-MTN Voice calls valid for 1 day from redemption of the Prize.

Data Bundle

5MB

MTN 5MB Internet Bundle valid for 1 day from redemption of the Prize.

Data Bundle

75MB

MTN 75MB Internet Bundle valid for 1 day from redemption of the Prize.

Data Bundle

100MB

MTN 100MB Internet Bundle valid for 1 day from redemption of the Prize.

Data Bundle

300MB

MTN 300MB Internet Bundle valid for 1 day from redemption of the Prize.

Data Bundle

500MB

MTN 500MB Internet Bundle valid for 1 day from redemption of the Prize.

Data Bundle

1GB

MTN 1GB Internet Bundle valid for 2 days from redemption of the Prize.

Data Bundle

2GB

MTN SMS Bundle valid for 2 days from redemption of the Prize.

SMS Bundles

30 SMS

MTN SMS Bundle valid for 1 day from redemption of the Prize.

SMS Bundles

50 SMS

MTN SMS Bundle valid for 2 days from redemption of the Prize.

5.5 Any unused value/balance of the Prize will expire at the end of the Validity Period and will not carry over.

5.6 The Prize cannot be cancelled once received. It will expire in accordance with the Validity Period.

5.7 The winners can send/forward the SMS with the voucher code to another person to redeem the won prize, within its validity period.

6. Migration

6.1. 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), while the Customer has an existing Prize, the Customer shall retain (that is, keep) the remaining Validity Period and value associated with the Prize.

6.2 When a Customer migrates to another type of price plan (such as from MTN PayAsYouGo to MTN TopUp), the Customer will lose his / her value / benefit of the Prize.

7. Cancellation of the Prize

7.1 Customers are unable to cancel the Prize once it is redeemed.

7.2 Customers who have deactivated their MTN cellphone number off the MTN network will forfeit/lose their Prize. Should a Customer reinstate their MTN cellphone number on the MTN network, MTN is unable to reinstate the Prize.

8. Depletion Rules

8.1 During the Validity Period, Customers who have received a Prize shall deplete the Prize value first, before the Customer’s inclusive value, that is existing data bundles, voice minutes or airtime.

8.2 Prizes will deplete first unless there are other bundles / airtime that have an earlier expiry.

8.3 The Customer’s price plan rates and benefits shall apply when the Prize has depleted.

9. Modification of Terms and Conditions

9.1. 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.

9.2. 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.

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

9.4. 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.

9.5 The Customer indemnifies MTN 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.

10. Limitation of Liability

10.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 10.2 and 10.3 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):-

10.1.1 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or

10.1.2 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or

10.1.3 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or

10.1.4 as a result of the use of any device supplied to you by MTN relating to this service.

10.2 Clause 10.1 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.

10.3 Clause 10.1 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 10.1 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 10.1 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.

11. General

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

11.2 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.

11.3 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.

11.4 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.

11.5 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.

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

11.7 By entering the Competition all entrants give their consent to receive various marketing and promotional material from MTN. Entrants will be provided with an opportunity to “Opt Out” of receiving such communications, which may be via the relevant medium that such marketing communication was received.

International Calling Promotion Terms and Conditions

MTN International Calling Subscription 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 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.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEM AMENDED AS OF 26 OCTOBER 2015. THE FOLLOWING CLAUSES HAVE BEEN AMENDED: CLAUSES 2.1 AND 4.2, 4.4, 4.6, 4.9, 5,3, 5, 5.5, 6.1, 6.3, 7, 8.2, 10.2 and 18.

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

SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE:

Clauses: 2.2, 3, 4.2, 4.3, 4.6, 4.9, 5.1, 6.3.2, 7, 8.2.2, 9.1, 10.2, 11.2, 12.2, 16.2, 17 and 18.

1. MTN International Calling Subscription

The MTN International Calling Subscription gives customers access to discounted voice call rates to predetermined international calling destinations, at any time of the day, as detailed in these Terms and Conditions (the “International Calling Subscription” / the “Offering”).

2. Offer Period

2.1 The MTN International Calling Subscription is available from 29 October 2014 until 31 March 2017 (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 period, or withdraw the service in its entirety, with reasonable notice to you. Visitwww.mtn.co.za regularly for notices, updates and/or changes to services.

3. Who is Eligible

3.1 The MTN International Calling Subscription is available to the following MTN customers:

3.1.1 MTN PayAsYouGo price plans;

3.1.2 MTN TopUp price plans;

3.1.3 MTN Contract price plans; and

3.1.4 My MTNChoice price plans,

(the “Customers”).

3.2 The MTN International Calling Subscription is not available to Community pay phones.

4. The MTN International Calling Subscription

 

Price

Recurring Subcription

MTN International Calling Subscription

R5.00 per month

Recurring (monthly)

4.1.1 allows Customers to access, International calls at discounted rates; and

4.1.2 is available as a recurring (that is, monthly) subscription.

4.2 The MTN International Calling Subscription rates apply to voice calls to specific international destinations only. The latest destinations and rates can be found at https://www.mtn.co.za/everyday_services/RoamingInternational/Pages/MakingInternationalCalls.aspx or by dialing *111*2#.

4.3 The MTN International Calling In-Subscription benefits do not apply to:

4.3.1 local calls;

4.3.2 video calls;

4.3.3 local or International SMSs;

4.3.4 local or International MMSs; or

4.3.5 local or roaming data usage.

4.4 Calls are billed based on the billing method of the price plan, i.e international calling will be billed per second where the price plan is billed on a per second basis.

4.5 Customers may dial *111*2# to query the rates applicable to countries or visit www.mtn.co.za .

4.6 Customers may dial *141*1# to view their detailed balance.

4.7 MTN reserves the right to, in its sole and absolute discretion, amend the rates and/or countries listed on the link referred to in clause 4.2 above, by removing or adding countries or increasing or decreasing the standard rate or the MTN International Calling Subscriptions rate. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

5. Activation of the MTN International Calling Subscription

5.1 Customers must first activate the International Calling service on their mobile number. The International Calling service is activated by default for MTN PayAsYouGo, MTN TopUp and My MTNChoice customers. MTN Contract customers who have not already activated the International Calling service may contact their service provider to activate the International Calling service.

5.2 The MTN International Calling Subscription is available as a recurring (monthly) subscription.

5.3 MTN PayAsYouGo, MTN TopUp, MTN Contract and My MTNChoice customers may purchase the recurring (monthly) MTN International Calling Subscription by dialing *141*2*427#, or by dialing 141 and following the prompts.

5.4 MTN TopUp, MTN Contract and My MTN MTNChoice Customers may also purchase the recurring (monthly) MTN International Calling Subscription through their service provider.

6. Provisioning of the MTN International Calling Subscription

6.1 For MTN PayAsYouGo, the recurring (monthly) MTN International Calling Subscription is valid for a period of 1 (one) calendar month from the time it is loaded by the Customer, and will automatically recur every month, in accordance with the date on which the first MTN International Calling Subscription is activated (the “Monthly Anniversary Date”), until cancelled by the Customer.

6.2 For MTN Contract, MTN TopUp and My MTN Choice will recur on the monthly bill run date

6.3 MTN PayAsYouGo Customers:

6.3.1 shall receive access to the discounted international calling rates immediately upon purchase of the international calling subscription; and

6.3.2 the recurring (monthly) MTN International Calling Subscription shall automatically recur every Monthly Anniversary Date.

6.4 MTN TopUp, MTN Contract and My MTNChoice Customers:

6.4.1 shall receive access to the discounted international calling rates immediately upon provisioning of the international calling subscription;

6.4.3 all subsequent activations of the recurring (monthly) MTN International Calling Subscription shall coincide with the Customer’s bill run date.

7. Carry over and Expiry Rules

7.1 The MTN International Calling Subscription will be valid until the next bill run date for MTN Contract, My MTN Choice and MTN TopUp Customers or the Monthly Anniversary date for MTN PayAsYouGo Customers.

8. Billing

8.1 MTN PayAsYouGo Customers:

8.1.1 The MTN International Calling Subscription fee shall be deducted from the MTN PayAsYouGo Customer’s MTN airtime account.

8.1.2 In the event that an MTN PayAsYouGo Customer does not have sufficient MTN airtime for the recurring (monthly) MTN International Calling Subscription, then:

8.1.2.1 the recurring (monthly) MTN International Calling Subscription shall be removed from the Customer’s profile;

8.1.2.2 the Customer’s recurring (monthly) MTN International Calling Subscription shall cancelled; and

8.1.2.3 the Customer will no longer receive the benefits of the subscription.

8.2 MTN TopUp, MTN Contract and My MTNChoice Customers:

8.2.1 The MTN International Calling Subscription fee shall be invoiced to the Customer and shall form part of their monthly bill.

8.2.2 Customers may not use their monthly inclusive value to purchase an International Calling subscription.

8.2.3 Customers shall be charged a pro-rata portion of the recurring (monthly) International Calling subscription fee for the first month, based on the day the subscription is activated.

9. Deactivation/Cancellation of the MTN International Calling subscription

9.1 Customers who deactivate the International Calling service will forfeit (that is, lose) the MTN International Calling subscription benefits.

9.2 The MTN International Calling subscription: 9.2.1 Customers with an active MTN International Calling subscription who cancel the subscription shall retain the benefits of the MTN International Calling subscription until the subscription expires.

9.2.2 Upon the next Monthly Anniversary Date, the Customer will no longer be charged for the MTN International Calling subscription and will forfeit (that is, lose) all benefits associated with the MTN International Calling subscription.

10. Migration

10.1 Customers who migrate between those eligible MTN PayAsYouGo price plans, MTN TopUp price plans, MTN Contract price plans or My MTNChoice price plans (for example, from one MTN PayAsYouGo price plan to another MTN PayAsYouGo price plan, etc), as detailed in clause 3.1 above, while the Customer has an existing MTN International Calling subscription, shall retain (that is, keep) the subscription.

10.2 Customers who migrate to a different type of price plan (for example, from an MTN PayAsYouGo price plan to an MTN TopUp price plan) or to an MTN price plan detailed in clause 3.1 above, while the Customer has an existing MTN International Calling subscription, shall forfeit (that is, lose) the subscription.

11. MTN 1-4-1 Loyalty Points

11.1 Customers registered on the MTN 1-4-1 Loyalty Points programme will be able to earn loyalty points for calls made which qualify for the discounted international calling rates (that is, “paid for” usage) in accordance with existing loyalty rules. That is, 1 (one) point for every R1.00 (one Rand) spent.

11.2 Loyalty Points shall be awarded on the purchase of the MTN International Calling subscription.

11.3 The MTN International Calling subscription is unavailable for purchase on the MTN Loyalty Product Catalogue.

12. Roaming

12.1 If you wish to go out of the Republic of South Africa, you will be billed according to MTN’s roaming rates and roamed voice usage will not attract the MTN International Calling Subscriptions benefits.

12.2 The tariffs and guide on how to manage your usage while roaming (outside of the Republic of South Africa) can be found on www.mtn.co.za.

13. Value Added Services

All value added services depend on the discretion of MTN and MTN may withdraw them at any time with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

14. MTN Access4Life Extender

14.1 If you wish to not use your SIM card for a certain period, then you may extend the MTN Access4Life period by paying R20.00 (twenty Rand) and add an additional 90 (ninety) days to the period/life span of the SIM card. Once the initial 90 (ninety) days have elapsed, the additional 90 (ninety) days will be added, keeping your cellphone number connected to the MTN network.

14.2 Call 173 to “activate” the service and load sufficient airtime into your wallet (that means the airtime will be allocated to your particular cellphone number) to cover the period. The service will continuously deduct R20.00 (twenty Rand) from your wallet for every 90 (ninety) days that elapses while the service is active.

14.3 You will need to cancel the service upon your return to the Republic of South Africa; if failing to do so, the service will continue to deduct R20.00 (twenty Rand) every 90 (ninety) days until it is cancelled.

14.4 In the event that you do not have enough airtime in your wallet to enable the MTN Access4Life Extender, the service will be automatically cancelled.

14.5 Subscription costs of the MTN International Calling Subscriptions shall count toward the Customer’s MTN Access4Life rules.

15. SIM Swap

15.1 The SIM swap service allows you to keep your old preferred MTN cellphone number, subject to certain conditions. After you have registered your details in compliance with RICA, you will be able to initiate the SIM swap process by following the steps explained in this booklet on your MTN cellphone. A SIM swap from the new cellphone number to your old MTN cellphone number will be allowed if you are RICA compliant, if the old MTN cellphone number is active and still available on the MTN network, has not been recycled and is not in use by another customer, according to MTN’s systems. A SIM swap will only be allowed for one cellphone number at any given time. If the new cellphone number has been active/used to make calls for more than 24 (twenty-four) hours, a SIM swap cannot be performed. The old cellphone number must be deactivated/cut off from the network before the new cellphone number can be activated. Customers will be able to keep their airtime balance from their old SIM card/cellphone number and any credits or subscriptions they had once a SIM swap is performed.

15.2 Customers with an active/valid MTN International Calling subscription performing a SIM swap shall retain the benefit associated with their MTN International Calling subscription.

16. Modification of Terms and Conditions

16.1 MTN reserves the right, at any time, to change these Terms and Conditions and any rules relating to its promotions, products and/or services and to modify its products and services at its discretion, with notice to you.

16.2 See www.mtn.co.za for promotions, products 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.

16.3 MTN reserves the right at any time to modify, suspend or discontinue its promotions and 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 promotion or service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.

16.4 MTN reserves the right from time to time to vary the charges of its products and/or services as may be deemed necessary in its discretion.

16.5 As changes will be posted on www.mtn.co.za , your continued use of the promotion, products and/or services with the amended rules will be deemed to be accepted by you. It is your responsibility to review these Terms and Conditions regularly.

17. Limitation of Liability

17.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 17.2 and 17.3 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):-

17.1.1 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or

17.1.2 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or

17.1.3 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or

17.1.4 as a result of the use of any device supplied to you by MTN relating to this service.

17.2 Clause 17.1 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.

17.3 Clause 17.1 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 17.1 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 17.1 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.

18. General

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

18.2 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.

18.3 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, including the SIM card, where applicable. 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.

18.4 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.

18.5 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.

18.6 Customers may contact the MTN Customer Care Centre on 173 or 808 for further information.

MTN Pay4Me Terms and Conditions

MTN Pay4Me 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 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 service.

SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE:

Clauses: 1.2, 2.2, 3, 4.2, 4.3, 4.4, 4.6, 4.7.3, 4.8, 4.9, 5.2, 6.2, 10, 11 and 12.

1. MTN Pay4Me

1.1. The MTN Pay4Me service allows MTN customers to initiate a local voice call to another MTN customer who will sponsor (that is, pay for) the call initiated, as detailed in these Terms and Conditions (the “MTN Pay4Me” / the “Service”).

1.2. Please note: The MTN Pay4Me service is, at all times, subject to these Terms and Conditions as well as your price plan terms and conditions or your MTN Subscriber Contract terms and conditions.

2. Offer Period

2.1 The MTN Pay4Me service will be available from 22 October 2014 until such time as advised by MTN (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 period, or withdraw the service in its entirety, with reasonable 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 Pay4Me service is available to:

3.1.1 MTN PayAsYouGo customers;

3.1.2 MTN TopUp customers;

3.1.3 My MTNChoice customers; and

3.1.4 MTN Classic Contract customers,

(the “Customers”).

3.2 For the avoidance of doubt, the MTN Pay4Me service is not available to:

3.2.1 least cost routers;

3.2.2 community payphone customers;

3.2.3 Customers who are roaming; or

3.2.4 Non-MTN customers.

4. The MTN Pay4Me Service

Customer A:

Dials:

Customer B:

Cost:

initiates the local voice call

127 Customer B number

Accepts call

R0.99 per minute, billed per second

4.1 The MTN Pay4Me Service allows a Customer (Customer “A”) to initiate a local voice call to another MTN customer (Customer “B”). Customer B can elect to sponsor (that is, pay for) the call initiated by Customer A or to reject the initiated call.

4.2 The Service is only available to customers who are both on the MTN network (that is, MTN-to-MTN calls).

4.3 The Service is only available to voice calls which are made locally.

4.4 Please note: the Service does not apply to video calling, international calling and/or roaming calls.

4.5 The MTN Pay4Me Service is available to Customers automatically. Customers do not need to register for the Service.

4.6 Customer A may initiate the call by either:

4.6.1 dialing the prefix 127 before Customer B’s cellphone number (for example: 127083xxxxxxx); or

4.6.2 dialing *127*083xxxxxxx#.

4.7 Customer B may:

4.7.1 accept the call, in which case Customer B will be billed for the call; or

4.7.2 reject the call, in which case Customer A will receive an SMS to notify Customer A that the call was rejected; or

4.7.3 miss the call, in which case Customer B will receive an SMS to notify them of the missed MTN Pay4Me call, and Customer A will receive an SMS to try again later. Please note: the call will not be routed to Customer B’s voicemail service.

4.8 The MTN Pay4Me Service does not work if Customer A has blocked his/her caller identity and attempts to dial 127 before Customer B’s number. Such Customers will be requested to unblock their blocked caller identity before using the Service. The MTN Pay4Me Service will work if Customer A has blocked his/her caller identity and dials *127*083xxxxxxx#.

4.9 Customers (Customer A and/or Customer B) who have been suspended by MTN will not be able to use the Service.

5. Adding and Blocking of Contacts to the MTN Pay4Me Service

5.1 Upon activation of the MTN Pay4Me Service, Customer B may add up to 10 (ten) MTN numbers (contacts) to their MTN Pay4Me Service list.

5.2 The selected numbers (contacts) must be on the MTN network.

5.3 Customers may add or swap MTN numbers (contacts) by dialing *141*5# or *127# and following the prompts.

5.4 The same list of numbers (contacts) may be transferred to Customer B’s MTN Cliq5 list, or from Customer B’s MTN Cliq5 list to the MTN Pay4Me list.

5.5 Customer B may also access the MTN Pay4Me menu by dialing *141*5# or *127# and list a number (contact) to their MTN Pay4Me “blocked list”. This may be applicable to Customers who are abusing the Service toward Customer B.

6. Billing

6.1 Upon Customer B accepting the request to connect with Customer A, Customer B will be billed for the call.

6.2 Calls are charged at a rate of R0.99 (ninety nine cents) per minute. Calls are billed on a per second basis.

6.3 Please note: MTN Zone Per Second discounts, MTN Talk Free cyclic billing, MTN Pulse rates, free minutes and any paid minutes do not apply. The MTN Pay4Me Service uses the Rand value or the usage limit available in the Customer’s account.

7. MTN 1-4-1 Loyalty Points

7.1 Customers registered to the MTN 1-4-1 Loyalty Points programme will be able to earn loyalty points for “paid for” usage, in accordance with existing MTN 1-4-1 Loyalty Points’ rules. That is, 1 (one) point for every R1.00 (one Rand) spent.

7.2 Customer B will be able to earn MTN 1-4-1 Loyalty Points for the cost of MTN Pay4Me calls which have been accepted.

8. Roaming

8.1 If you wish to go out of the Republic of South Africa and use your MTN SIM card, you will be billed according to MTN’s roaming rates. The MTN Pay4Me Service does not apply to roaming calls.

8.2 The tariffs and guide on how to manage your usage while roaming (outside of the Republic of South Africa) can be found on www.mtn.co.za.

9. Value Added Services

All value added services depend on the discretion of MTN and MTN may withdraw them at any time with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

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 promotions, its products and services and to modify its products and services at its discretion, with notice to you.

10.2 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.

10.3 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.

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

10.5 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.

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 the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or

11.1.2 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or

11.1.3 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or

11.1.4 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 a service being interrupted and/or failing for any reason or for any interruption in the network services.

12.2 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.

12.3 You will be solely responsible for all products and services accessed through the Service. Accordingly, MTN takes no responsibility for any loss or damage caused by your access through the Service. 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.

12.4 The decision of MTN in respect of disputes arising out of this Service will be dealt with by MTN in terms of these Terms and Conditions. The decision of MTN in this regard will be final.

12.5 MTN shall be entitled to prohibit or terminate any Customer’s participation in the Service 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.

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

MTN Huawei Retail Data Promotional Package Terms and Conditions

MTN Retail Data Promotional Package 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 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: 2.1, 2.2, 3, 4.1, 6.2, 9, 10 and 12.

1. Introduction

MTN is conducting a promotion that provides customers, who purchase a Huawei E3531 handset with an MTN PayAsYouGo starter pack, a free data value benefit, as detailed in these Terms and Conditions (the “Promotional Offer”).

2. Offer Period

2.1 The Promotional Offer will be available from 01 October 2014 until 30 September 2015 or until stocks last (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 Promotional Offer its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

3. How to Qualify

3.1. Customers must, during the Offer Period:

3.1.1 purchase a prepaid Huawei E3531 with an MTN PayAsYouGo starter pack, from any MTN Retailer; and

3.1.2 successfully activate their SIM card in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 as amended and any regulations thereto (“RICA”).

3.2 Please note that this Promotional Offer is only available to those customers who have purchased the Huawei E3531 device and activated the SIM card during the Offer Period.

3.3 For the avoidance of doubt, this Promotional Offer is NOT open to existing customers with this handset or existing MTN PayAsYouGo price plans.

3.4 This Promotional Offer is only applicable as a new MTN PayAsYouGo package. For avoidance of doubt, this Promotional Offer is not applicable to postpaid packages/SIM cards or to customers migrating into this Promotional Offer .

4. The Promotional Offer

4.1 The Promotional Offer is available on a first-come, first-serve basis, as stock is limited

Promotional Offer

Handset

Huawei E3531

Data Value

1GB (in month 1) + 1GB (in month 3)


4.2 Customers who have purchased the Huawei E3531 device and activated the SIM card, at an MTN Retail store or MTN store shall receive:

4.2.1 a 1GB (one gigabyte) data value in month 1 (one); and

4.2.2 a 1GB (one gigabyte) in month 3 (three), from date of activation of the SIM card.

4.3 The free data value is subject to standard MTN carry-over rules and standard out-of-bundle rates apply. See clause 6 for more information.

5. Migration

6.1. In the event that the customer migrates to any other MTN PayAsYouGo price plan during the first 3 (three) months of activation of this Promotional Offer, the customer shall retain the free data value.

6.2. In the event that the customer migrates to an MTN TopUp, MTN Contract or My MTNChoice price plans, the customer shall forfeit (that is, lose) the free data value.

6. Billing

Once the free data value is depleted/exhausted, customers will be billed for data usage from their MTN Internet Bundle loaded (if any) or will be charged according to the standard out of bundle rate. Visit www.mtn.co.za or ask in-store for rates.

7. MTN 1-4-1 Loyalty Points

All customers registered to the MTN 141 Loyalty Programme will be able to earn loyalty points for further out-of-bundle usage in accordance with existing loyalty rules. That is, 1 (one) point for every R1.00 (one Rand) spent.

8. RICA

8.1 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.

8.2 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.

8.3 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.

8.4 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.

8.5 If you change ownership to a third party, this promotion is not transferable.

8.6 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.

9. Limitation of Liability

9.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 9.2 and 9.3 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):-

9.1.1 If the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or

9.1.2 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or

9.1.3 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or

9.2 Clause 9.1 does not limit or exclude any warranties or obligations which are implied into the Promotional Offer 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.

9.3 Clause 9.1 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 9.1 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 9.1 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.

10. Modification of Terms and Conditions

10.1 MTN reserves the right, at any time, to change these Terms and Conditions and any rules, including but not limited to pricing, relating to its promotions, its products and services and to modify its promotions, 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/promotional pricing or offering 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 abovementioned website or elsewhere in any media.

11. Value Added Services

All value added services depend on the discretion of MTN and MTN may withdraw them at any time, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

12. General

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

12.2 MTN do 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 You will be solely responsible for all services used in terms of the Promotional Offer. Accordingly, MTN takes no responsibility for any loss or damage incurred by your use of the 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.

Retail Q4 Generic Voice Promotion Terms and Conditions

Retail Q4 Generic Voice 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 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, 2.2, 3, 3.2, 3.3, 4.1, 5.3, 5.4, 5.5, 5.6, 9, 10 and 11.

1. Introduction

1.1. MTN introduces a promotion to qualifying MTN customers who have purchased and activated an MTN handset from any MTN or Retail store nationwide. Qualifying Customers (as detailed in clause 3 below) must then recharge with R10.00 (ten Rand) to receive R10.00 (ten Rand) free airtime benefit once in a month for 3 (three) consecutive months, as detailed in these Terms and Conditions (the “Promotional Offer”).

1.2. These Terms and Conditions must also be read together with the customer’s MTN price plan terms and conditions, which may be found on www.mtn.co.za

2. Offer Period

2.1 The Promotional Offer will be available from 01 October 2014 until 31 January 2015 (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 Promotional Offer in its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

3. How to Qualify

3.1. Customers must:

3.1.1 be a new MTN (MTN PayAsYouGo) customer who has purchased one of the following handsets from any MTN or Retail store nationwide:

3.1.1.1 Nokia 105;

3.1.1.2 Samsung E1205;

3.1.1.3 AG Thetha; or

3.1.1.4. ZTE P16; and

3.1.2 have successfully activated the handset in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 as amended and any regulations thereto (“RICA”), through any MTN or Retail store, and have recharged with a minimum accumulative amount of R10.00 (ten Rand) MTN airtime from any MTN or Retail store. (referred to as the “Qualifying Customers”).

3.2 Please note that this Promotional Offer is only available to those Qualifying Customers who have purchased and activated the MTN prepaid handset and successfully activated their handset in terms of RICA and have recharged with a minimum accumulative amount of R10.00 (ten Rand) MTN airtime from any MTN or Retail store.

3.3 MTN will SMS Qualifying Customers throughout the Offer Period to notify such Qualifying Customers of the Promotional Offer.

4. The Promotional Offer Qualifying Customers who have:

4.1. purchased any device listed in clause 3.1 above;

4.2. and activated the SIM card in terms of RICA; and

4.3. who loads a minimum value of R10.00 (ten Rand) MTN airtime (accumulative recharges) during the Offer Period, shall receive free R10.00 (ten Rand) MTN airtime once in a month for 3 (three) consecutive months (the “Free Airtime”).

5. Rules For The Free Airtime

5.1 The Free Airtime expires after 30 (thirty) days of being provisioned/allocated to the Qualifying Customer’s account.

5.2 Unused Free Airtime will not be carried over.

5.3 Free Airtime depletes before the Qualifying Customer’s recharge airtime and is billed at the price plan’s rates.

5.4 Free Airtime may be used for MTN-to-MTN calls only.

5.5 Free Airtime may not be used for premium-rated purchases or content-related purchases.

5.6 Free Airtime may not be transferred via MTN Me2U.

6. Migration / Porting

6.1 In the event that the Qualifying Customer migrates to any other MTN PayAsYouGo price plan during the Offer Period, the Qualifying Customer shall retain the Free Airtime.

6.2 In the event that the Qualifying Customer ports to another service provider during the Offer Period, the Qualifying Customer shall lose the Free Airtime.

7. MTN 1-4-1 Loyalty Points

7.1 All Qualifying Customers registered on the MTN 1-4-1 Loyalty Points program will be able to earn loyalty points for further out-of-bundle usage in accordance with existing loyalty rules. That is, 1 (one) point for every R1.00 (one Rand) spent.

7.2 Customers will not earn loyalty points on use of the Free Airtime.

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 the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or

8.1.2 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or

8.1.3 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or

8.2 Clause 8.1 does not limit or exclude any warranties or obligations which are implied into the Promotional Offer 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.

8.3 Clause 8.1 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 8.1 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 8.1 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.

9. Modification of Terms and Conditions

9.1 MTN reserves the right, at any time, to change these Terms and Conditions and any rules, including but not limited to pricing, relating to its promotions, its products and services and to modify its promotions, its products and services at its discretion.

9.2 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.

9.3 MTN reserves the right from time to time to vary the charges/promotional pricing or offering of these services as may be deemed necessary in its discretion.

9.4 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 abovementioned website or elsewhere in any media.

10. Value Added Services 

All value added services depend on the discretion of MTN and MTN may withdraw them at any time, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

11. General

11.1 MTN is not responsible for any services being cut off due to your airtime or Internet bundle credit having expired for any reason. MTN will, however, endeavor to contact you to advise you that your airtime or Internet bundle credits are depleted, prior to it running out.

11.2 MTN do 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.

11.3 You will be solely responsible for all services used in terms of the Promotional Offer. Accordingly, MTN takes no responsibility for any loss or damage incurred by your use of the Promotional Offer, including the SIM card, where applicable, or any MTN airtime 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.

11.4 For queries, customers may contact the MTN call centre on 173 (or 083 173 from a non-MTN number).

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