MTN International Calling Subscription Terms and Conditions (“Terms and Conditions”)
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,
3.2 The MTN International Calling Subscription is not available to Community pay phones.
4. The MTN International Calling Subscription
R5.00 per month
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.
8.1 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:
18.104.22.168 the recurring (monthly) MTN International Calling Subscription shall be removed from the Customer’s profile;
22.214.171.124 the Customer’s recurring (monthly) MTN International Calling Subscription shall cancelled; and
126.96.36.199 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.
10.1 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.
12.1 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.
18.1 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.