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MTN Hello Doctor Service Terms and Conditions

MTN Hello Doctor Service

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 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.

1. Introduction

1.1. Hello Doctor is an innovative mobile health company that provides personal medical advice from a doctor to its subscribers. (the “Service”).

2. Duration

2.1. Hello Doctor is available from 1 July 2014.

3. Who is Eligible

3.1. Hello Doctor is available to all MTN customers (the “Customers”).

4. How does Hello Doctor Work

4.1 Customers who have downloaded and installed the Hello Doctor application via the SMS prompts, shall be able to sign in, modify its profile, get latest news, articles and television show program information for free.

4.2 Before purchase, “Text A Doctor” and “House Call” sections shall be locked and clearly indicated on the application interface.

4.3 When the Customers click on “Text A Doctor” and “House Call” button, instructions shall be clearly indicated on: price, payment method and product offerings.

4.4 Payment can be made via MTN airtime or credit card.

4.5 Once Customers are subscribed to any of the Services, the Service shall remain valid until the next week or month from the date of purchase of the Service.

4.6 SMS notifications will be sent to subscriber’s MSISDN to confirm the purchase.

4.7 The Service shall be applicable to Mobile Telephone Network (Pty) Ltd international roaming Customers and out of bundle data or voice will be charged accordingly.

4.8 All subscribers have access to activate Digital Doctor or House Call through the Hello Doctor application Interfaces.

4.9 One SMS reminder shall be sent a day prior to expiry, for the weekly and monthly Service.

4.10 If no opt-out command is received, auto-renewal shall occur and an SMS notification will be sent after successfully charging.

4.11 Un-subscribing can occur at any time through the application interface. An SMS notification shall be sent after successful un-subscription.

5. Cost

Both Digital Doctor and House Call provide two types of charging cycles, ie, weekly and monthly

 
Digital doctor
House call
Weekly
R6.50
R17.50
Monthly
R25
R60

 

• If the Customer is pre-registered, then it will already be in one of the four payment options. Options are mutually exclusive.

 

• The Customer has two options to change from Digital Doctor to House Call and vice versa:

1. upgrade from Digital Doctor to House Call (and previous Service will be deactivated automatically)

2. Customers will have to wait until their current registration ends before opting into another Service.

6. How can Customers unsubscribe from the Service

6.1 After 7 (seven) days (weekly) or 30 (thirty) days (monthly) from the date of purchase of the Service, the Customer will be charged the full amount (depending on which Service and charging cycle it is subscribed for). If the Customer does not have sufficient airtime balance the Service will be deactivated.

When a Customer opts out, it will still have access to the subscribed Service until expiry.

7. General

7.1. MTN is not responsible for a Service being interrupted and/or failing for any reason or for any interruption in the network Services.

7.2. You will be solely responsible for all products and Services used by you. Accordingly, MTN takes no responsibility for any loss or damage, or any MTN airtime associated with the SIM card/cellphone number. In the event of theft or loss of your cellphone, airtime and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately.

8. Modification of Terms and Conditions

8.1. MTN reserves the right, at any time, to change these Terms and Conditions and any rules relating to its products and Services, and to modify its products and Services at its discretion.

8.2. MTN reserves the right at any time to modify, suspend or discontinue the Service, 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.

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

8.4. 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.

8.5. Customers indemnify MTN , its associated companies, advertising and promotion agencies, 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 their participation in any way whatsoever in the Service.

8.6. MTN shall be entitled to terminate the Service of any Customer, if such Customer is involved in any fraudulent activity or suspected fraudulent activity.

 

Airtime/Network Marketing Programme Terms and Conditions

Airtime/Network Marketing Programme Terms and Conditions

1. Programme Description

Mobile Money Network Marketing Programme, also called “Make Money with Mobile Money” (the Programme) is aimed at promoting the purchase of airtime through Mobile Money.

The Programme works by encouraging Mobile Money customers to show others (Contacts) how easy it is to buy airtime anytime using Mobile Money, thus allowing customers to earn a Cash Reward for successful airtime purchases by friends and family that meet the required criteria, subject to the terms and conditions outlined herein.

Mobile Money is brought to you by Mobile Telephone Networks (Pty) Ltd (“MTN”), a product of The South African Bank of Athens (“SABA”) and is operated by Tyme, an authorised distribution channel of SABA (“We/ Us”).

2. Programme Period

The Programme commences in October 2013 and will be valid for an indefinite period, until terminated by Us at our own discretion and without notice.

3. Who may participate?

All Mobile Money customers are eligible to participate in the Programme.

4. How to participate

  1. Mobile Money customer who wishes to participate dials the Mobile Money USSD string (*120*668#) and registers as an Airtime Promoter (“Promoter”).
  2. On successful registration, a unique Promoter Code is allocated and SMS’d to such a Promoter.
  3. The Promoter Code is the means to making Cash Rewards in this Programme. Each Promoter uses their Promoter Code by encouraging their Contacts to SMS the Promoter Code to 44335. Contacts can be any qualified Mobile Money customer, both new and existing. By SMSing the Promoter code, the Promoter’s Contacts thereby receive R5 from Mobile Money, credited to the Contact’s Mobile Money account and accessible on his/her cell phone. The R5 can be used to demonstrate buying airtime on Mobile Money.

5. The Cash Reward

  1. Every time a Promoter Code is used when buying airtime using Mobile Money, for the first R100 that is bought by each person, the Promoter will receive a 20% Cash Reward, deposited into their Mobile Money account. This limit is subject to change at Our discretion. Therefore,
    1. If the Contact uses his/her free R5 to purchase airtime on Mobile Money, the Promoter will receive R1 Cash Reward.
    2. If the Contact makes a R25 purchase of airtime on Mobile Money, the Promoter will receive R5 Cash Reward.
  2. After the Contact’s first R100 of airtime purchases on Mobile Money, the Promoter no longer earns a Cash Reward (“Value Cap”).
  3. A Promoter is eligible to earn Cash Reward on airtime purchases by Contacts who are linked to the Promoter’s code for a period of 90 days once the Contact has successfully SMS’d the Promoter’s code and linked his/her account to the Promoter. This 90 day period limitation applies in conjunction with the Value Cap.
  4. Airtime purchased by a Contact who is linked to a Promoter after the 90 day period referred to above is not subject to a Cash Reward regardless of whether the Value Cap has been reached or not.
  5. Contacts’ airtime purchases through Mobile Money with respect to all networks are qualified for the Promoter to earn a Cash Reward.
  6. The qualifying airtime purchase can be for one or more recipients’ cell phone numbers.
  7. There is no maximum Cash Reward limit applicable in respect of all qualifying purchases.
  8. The Promoter earns the Cash Reward at the time of the airtime purchase transaction and payment of the Cash Reward earned is near real time and per transaction, credited into the Promoter’s Mobile Money account.

6. General

  1. A Promoter will not be able to sign up a customer who is already linked to another Promoter within a given Programme.
  2. A Contact may not delink from a Promoter. If a Contact has been linked to a Promoter, such Contact may not be linked to another Promoter notwithstanding that the Contact did not purchase airtime and the 90 day period has elapsed since such Contact’s SMS was sent with the Promoter’s code.
  3. A Promoter may be linked to as many Contacts as they wish; there is no maximum Contact limit applicable.
  4. Two Promoters may be linked to each other.
  5. If a Promoter has less than 10 airtime purchases from linked Contacts per month, this will be considered insufficient activity and the Promoter’s status will be changed from Active to Inactive. The number of airtime transactions by linked Contacts will be counted on the 1st of each month in respect of the preceding month.
  6. A Promoter with a Closed status and/or an Inactive status may not re-register as a Promoter.
  7. A Promoter will be notified by SMS if the Promoter’s status changes to Inactive or Closed.
  8. If there are no airtime purchases from linked Contacts within the first 14 days after registration as a Promoter, then the Promoter’s status will be changed from Active to Inactive.If a Contact who is linked to a Promoter (promoter 1) registers as a Promoter themself (promoter 2), the original Promoter (promoter 1) will not earn any Cash Rewards on airtime purchases linked to the newly registered Promoter (promoter 2). The original Promoter (promoter 1) will, however, continue to earn Cash Rewards on the airtime purchases of promoter 2, until such time as promoter 2 purchases reach the value cap or the 90 day limit is applicable.
  9. We reserve the right to terminate Promoters at any time and at Our own discretion. Termination will be communicated through SMS to the affected Promoter using the cell phone number linked to his/her Mobile Money account.

Notifications

Notifications

Further to the MTN Subscriber Contract Terms and Conditions, the following VAS Terms and Conditions shall apply.

Expressions used in these VAS Terms and Conditions shall bear the same meaning as they do in the MTN Subscriber Contract Terms and Conditions to which these VAS Terms and Conditions are attached, unless expressly provided to the contrary.

1. Usage Notifications

1.1. There are two notifications which a Subscriber shall receive:

1.1.1. an SMS notification upon the Subscriber reaching the predefined usage alert value. The Subscriber selects the amount at which the SMS notification must be triggered. The default value is R10.00 (ten Rand) and may be changed by calling or dialing 141 or via www.mtn.co.za. The R10.00 (ten Rand) represents the amount remaining for use before reaching the usage limit; and

1.1.2. an SMS notification will also be sent when the Subscriber’s usage limit is 100% (one hundred percent) depleted. Upon the Subscriber reaching the usage limit amount, the Subscriber will not be able to make calls, send SMSs or use Data services, unless the Subscriber has an applicable Add-On Bundle balance available. To resume services, the Subscriber must perform an airtime recharge or increase their usage limit through their Service Provider.

2. Promotion Notification

This is a notification sent upon the Subscriber receiving a promotional giveback.

3. Wallet Balance Notification

3.1. This is a notification sent to a Subscriber upon 100% (one hundred percent) depletion of SMS or Data wallets.

3.2. A notification will also be sent when Subscribers are credited with their monthly allocation of inclusive minutes, airtime, Data and/or SMS.

4. Data Wallet Usage Notification

4.1. This is a notification sent upon 50% (fifty percent) depletion of their wallet, to highlight that a Subscriber is halfway through their Data credits.

4.2. A notification will also be sent to Subscribers 2 (two) days before their wallet expires, reminding them to use any unused Data credits.

4.3. While using the Data services, Subscribers will only receive the 50% (fifty percent) and 100% (one hundred percent) depletion notification (where applicable) when the Subscriber has closed the Data session.

SMS Add-On Bundle

SMS Add-On Bundle

Further to the MTN Subscriber Contract Terms and Conditions, the following terms and conditions shall apply.

Expressions used in these terms and conditions shall bear the same meaning as they do in the MTN Subscriber Contract Terms and Conditions to which these terms and conditions are attached, unless expressly provided to the contrary.

1. The Subscriber may choose to load the Add-On Bundles either as:

1.1. a recurring bundle – the recurring bundle will be charged to Subscriber’s account monthly, for the duration of the contract, which may be cancelled at any time; or

1.2. a once-off bundle – purchase of a once off bundle will deplete the usage limit and recharge airtime, unless paid for upfront.

2. Applicable base price plan rates will apply upon depletion of the SMS Add-On Bundle.

3. Any combination and number of once-off SMS Add-On Bundles may be loaded onto a Subscriber’s account, including multiples of the same or different denomination bundles.

4. Once-off Bundle Expiry

4.1. Once-off Bundles expire 2 (two) calendar months after the Subscriber activates it.

4.2. In the event that the Subscriber purchases and activates a further once-off bundle, of the same bundle type, irrespective of the denomination, the expiry date of all previously loaded and unexpired once off bundles of the same bundle type will move to the expiry date of the once off bundle loaded last in time.

4.3. There is no limit on the value which may be carried over on the once-off Bundles.

5. Recurring Bundle Expiry

5.1. The carry-over value on recurring bundles is limited to 2 x (two times) the bundle value.

5.2. Once a recurring bundle is cancelled, the carry over value will not expire in the bill cycle within which it is cancelled, but on the next bill cycle.

5.3. Where there are multiple recurring bundles and only one is cancelled, the carry-over value shall not expire, except in the case where it exceeds the carry-over value referred to in clause 5.1 above.

6. Migration

6.1. Should a subscriber wish to migrate their existing price plan to a My MTNChoice Price Plan, they must enquire in-store to confirm that they are eligible.

6.2. Subscribers who are able to successfully migrate to the My MTNChoice Price Plans shall retain accumulated/accrued SMSs (the “carry-over value”), where a similar wallet exists in the My MTNChoice price plan migrated to. The carry-over value will be added to the respective wallet and thereafter follow the carry-over rules pertaining to that wallet.

7. Loyalty Points

7.1. The Subscriber may use their accrued loyalty points to purchase available Add-on Bundles.

7.2. In the event that the Subscriber migrates from their existing price plan to the My MTNChoice Price Plan, the Subscriber’s existing loyalty points will be carried over to the My MTNChoice Price Plan.

7.3. Loyalty points are only earned by the usage of recharge airtime and not the loading of airtime.

7.4. No loyalty points will be earned on products loaded through the redemption of loyalty points. For further information, see www.mtn.co.za.

8. Usage Limits

8.1. MTN may set a limit on the amount of the total Charges which a Subscriber may incur in any Month and may change this limit from time to time. The limit on a Subscriber’s Charges is determined by MTN in accordance with the credit-vetting of the Subscriber’s Order as set out in MTN Subscriber Contract Terms and Conditions and the Subscriber may request MTN to disclose this limit to the Subscriber (the “MTN Usage Limit”).

8.2. Subscribers may request their service provider to set a usage limit on their behalf (the “Subscriber Usage Limit”), in accordance with the MTN Subscriber Contract Terms and Conditions. The Subscriber Usage Limit can be equal to or less than the MTN Usage Limit.

8.3. Upon the Subscriber successfully activating a Subscriber Usage Limit, the Subscriber shall not incur any usage Charges which exceed the Subscriber Usage Limit, in any given Month.

8.4. Subscribers who choose to not activate a Subscriber Usage Limit may incur Charges in accordance with the amount which they have been credit vetted for.

9. Notifications

There are two usage notifications which a Subscriber will receive:

Please note that these notifications are compulsory on the My MTNChoice Price Plans. Subscribers may not opt-out of these notifications.

9.1. an SMS notification upon the Subscriber reaching the predefined usage alert value – this represents the amount remaining for a Subscriber to use before reaching the usage limit. The Subscriber selects the amount at which the SMS notification must be triggered. The default value is R10.00 (ten Rand) and may be changed by calling or dialling 141 or via www.mtn.co.za; and

9.2. an SMS notification will also be sent when the usage limit is 100% (one hundred percent) depleted/exhausted. Upon the Subscriber reaching the usage limit amount, the Subscriber will not be able to make calls, send SMSs or use Data services, unless the Subscriber has an applicable Add-On Bundle balance or recharge airtime available. To resume services, the Subscriber must perform an airtime recharge or increase their usage limit through their service provider.

10. General

Premium rated services do not deplete Add-On Bundles on the My MTNChoice Price Plans.

MTN Insurance Handset Policy

EQUIPMENT INSURANCE POLICY

In consideration the payment of the premium the Insurer agrees to indemnify or compensate the Subscriber by payment or at the option of the Insurer by replacement, reinstatement or repair in respect of the Insured Events occurring during the period of insurance and as otherwise provided for in terms of this Policy up to the sums insured, limits of indemnity, compensation and other amounts specified.

DEFINITIONS

The following terms shall have the following meaning when used in this policy.

1. The Insurer shall mean Guardrisk Insurance Company Limited

2. The Administrator shall mean MTN (PTY) LTD Reg. No 1993/001436/07 216, 14th Avenue, Fairland 2195, appointed and mandated to act on behalf of the Insurer in respect of all claims and policy administration.

3. The Subscriber (hereinafter referred to as You/ Your /Yourself) shall mean the Subscriber and Policy Holder as stated in the Application

4. The Equipment shall mean the Handset and SIM Card (if selected on the Application) described on the Application

a. The Handset

The digital cellular telephone, as described in the application or any other cellular telephone as agreed to by the Insurer in writing and which is used together with the SIM Card as defined.

b. The Sim Card

The SIM Card issued in terms of a current Subscriber Contract between You and the Company and linked to the specific MSISDN as stated in the Application and shall exclude any pre-paid SIM Cards or any SIM Cards of any other Network

5. Approved Repairer – shall mean a repairer nominated and authorized by the Administrator on behalf of the Insurer.

6. Period of Insurance shall mean each billing month for which an insurance premium has been paid by or on your behalf to the Insurer.

7. Territorial Limits - Republic of South Africa, Swaziland and Lesotho provided that cover is extended worldwide for a maximum of 90 days in any one calendar year where the Equipment is operable outside the Territorial Limits or any longer period of time agreed to in writing by the Insurer.

8. Annual Period – shall mean a consecutive 12 month period from the inception, annual renewal or in the case of a cancelled policy the reinstatement date.

9. Exchange – shall mean repairable Equipment to be exchanged as per MTN policy where the damaged repairable Equipment is exchanged with Equipment of similar specification and manufacturer

INSURED EVENT

Loss or damage to the Equipment by any cause not hereinafter excluded occurring during the period of insurance within the Territorial Limits.

PROVISIONS

1. FIRST AMOUNT PAYABLE

The amount payable by you in respect of lost or stolen or un-repairable damaged handset claim in terms of this policy. This excess structure will apply separately for each Annual Period.

a) The first R350 (three hundred and fifty Rand) in respect of the first claim in any one Annual Period

The first R750 (Seven Hundred and Fifty Rand) in respect of the second claim in any one Annual Period

The first R1000 (One Thousand Rand) in respect of the third claim in any one Annual Period

b) An additional excess of R300 will be payable by You in respect of any claim occurring within 60 days of the inception date.

The amount payable by you in respect of repairable damaged handset claim in terms of this policy. This excess structure will apply separately for each Annual Period.

c) The first R150 (one hundred and fifty Rand) in respect of the first claim in any one Annual Period

The first R300 (three Hundred Rand) in respect of the second claim in any one Annual Period

The first R350 (three hundred and fifty Rand) in respect of the third claim in any one Annual Period

An additional excess of R300 will be payable by You in respect of any claim occurring within 60 days of the inception date.

2. INTERPRETATION

The schedule and any endorsement thereto and the policy wording shall be read together and any word or expression to which a specific meaning has been given in any part thereof shall bear such meaning wherever it may appear.

3. LIMIT OF INDEMNITY

In the event of loss or damage of the Equipment the maximum amount payable by the Insurer shall be limited to the maximum amount stated on the Application.

4. The handset shall not be used in conjunction with any other MSISDN without express authorisation of the Administrators and an update of the policy conditions

5. If Your account is in arrears Your claim will not be processed until all outstanding amounts have been settled

6. You are solely responsible to ensure that the Administrator is informed of any change to the Equipment listed

7. If replacement is necessary following loss or damage as insured in respect of this policy the Insurer will replace the Equipment with Equipment of similar specification, value and availability at the time of indemnification

CONDITIONS

1. You must take all reasonable precautions to safeguard the Equipment including but not limited to ensuring that:

1.1 The handset is safeguarded whilst being charged

1.2 The handset is not left exposed in a public place, place of recreation, office, mall or social occasion where it is vulnerable for easy removal or damage

1.3 The handset is safeguarded and locked away when not in use

2. MISREPRESENTATION, MISDESCRIPTION AND NON DISCLOSURE

This policy shall be voidable if;

2.1 There is misrepresentation, misdescription or non-disclosure of any material particular to the policy;

2.2 There is alteration after the commencement of this insurance;

2.2.1 Whereby Your interest ceases except by operation of law unless such alteration has been agreed to by the Insurer.

2.2.2 The risk of accident or misfortune, loss or damage is increased unless such alteration has been agreed to by the Insurer.

2.2.3 You breach any warranty or condition.

3. NO CESSION

You shall not be entitled, in any circumstances, without the written consent of the Insurer having been first had and obtained, to cede, assign, make over or in any way dispose of any of Your rights against the Insurer arising out of, or in respect of, this insurance policy, which rights shall at all times be personal to You, whether now or in the future.

4. ARBITRATION

If any difference shall arise as to the amount to be paid under this policy (liability being otherwise admitted) such difference may be referred to arbitration in accordance with the statutory provisions in force at the time. Where any difference is by this Condition referred to arbitration the making of an award shall be a condition precedent to any rights of action against the Insurers or You.

5. V.A.T.

All limits reflected within the policy are agreed to be V.A.T. inclusive unless otherwise stated.

6. Adjustments, other than day-to-day tuning or repairs to the Equipment shall be carried out by an Authorised Repairer.

7. The Insurer shall take full advantage of any manufacturer’s guarantee or warranty given on the Equipment and its component parts.

8. All cellular phones listed as stolen shall be blacklisted on the GSM Network.

9. If at the time of any claim there shall be any other insurance covering the same Equipment, the Insurer shall not be liable to pay or contribute more than their rateable proportion of indemnity.

10. The insurance provided in terms of this policy is personal to You and is not assignable except with the written consent of the Insurer.

11. You and the Insurer are entitled to cancel this insurance by giving 30 days written notice to the other, by registered post, successfully received facsimile, or delivered email (delivery notification required in any dispute). Any notice shall be deemed to have been served seven days after it was posted.

12. The premium is payable on or before the instalment date and if it is not received by the Insurer on the instalment date this insurance shall be deemed to have been cancelled at midnight on the last day of the preceding period. The Insurer shall not be obliged to accept premium tendered to it after the inception date provided that premiums due with effect from the second month of the currency of this policy will be accepted if paid within 15 days of the instalment date.

13. Claims

You must submit a completed claim form to the Administrator within a period of 30 days from the date of the incident. If the claim form is not submitted within this period all benefits under this insurance will be forfeited.

HOW TO CLAIM

Please comply with all the following procedures to obtain authorisation with the minimum delay. Failure to observe these procedures could invalidate the claim.

13.1 In the event of damage to or breakdown of the Equipment:

13.1.1 Immediately notify the Administrator on telephone number 808 and obtain details to the nearest Technical Repairs Centre

13.1.2 The Administrator shall issue You with a claim form for completion; Once this has been completed fax the completed claim form and any additional documentation that may be required to the Administrator to the fax number provided on the claim form,

13.1.3 The Repairer will ascertain the nature of the fault and will notify the Administrator.

13.1.4 Once the Repairer has ascertained the nature of the fault, the Administrator will assess the claim and authorize any repair or exchange or replacement if applicable.

13.2 In the event of Theft or Loss:

13.2.1 Immediately notify the Administrator on telephone number 808 who will temporarily deactivate the airtime connection to avoid unlawful calls.

13.2.2 Report the theft to the South African Police within 24 hours and obtain an incident report number.

13.2.3 The Administrator will issue a claim form for your completion fax the completed claim form and any additional documentation that may be required to the Administrator to the fax number provided on the claim form.

13.3 Once the completed claim form and any requested documentation have been received, the Administrator will assess the claim and authorize any payment or replacement if applicable.

13.4 Prescription Period In the event of a claim being repudiated or rejected You have 180 (one hundred and eighty) days after such repudiation or rejection to make representation to the Insurer in respect of this repudiation or rejection. If the dispute has not been resolved and You have not commenced legal action within one calendar month after this period; all benefit afforded under this policy shall be forfeited.

13.5 If any claim made under this policy is fraudulent in any respect and furthermore if any fraudulent means or device is used by You or any person acting on Your behalf to obtain any benefit under this insurance; all benefit hereunder shall be forfeited.

13.6 The Insurer shall be entitled, after settling your claim, if they so desire, to prosecute in Your name for their own benefit any claim for indemnity and shall have full discretion over all proceedings. You shall give all necessary information and assistance as the Administrator and Insurers may require.

13.7 The Administrators on behalf of the Insurer shall have sole authority in the conduct of all claims and You shall not make any admissions of liability in respect of any claim for which the Insurer may be liable under this Insurance except with the prior consent of the Administrators.

14. The observance and fulfilment of the conditions herein by You insofar as they relate to anything to be done or observed by You shall be a condition precedent to the Insurers’ liability in relation to any loss or damage insured in respect of this policy.

15. Jurisdiction and governing law

The insurance provided by this policy shall be governed by the laws of the Republic of South Africa, whose courts shall have jurisdiction in any dispute arising hereunder, and any summons or notice or process to be served upon the Insurer for the purpose of instituting any legal proceedings against them in connection with this insurance shall be served upon Guardrisk Insurance Company Limited, 2nd Floor, 115 West Street, Sandton.

EXCLUSIONS

The Insurer shall not be liable for:

1. Any damage caused or incurred either by or in the process of installing the Equipment.

2. The cost to repair or replace any damaged external casings or cosmetic fittings, control knobs or buttons or loss of or breakage to any batteries or aerials forming part of or attached to the Equipment.

3. The cost of modification where the parts necessary for repair are no longer available or are out of manufacture and as a result modification of the Equipment is necessary to effect repair.

4. Loss, damage or breakdown caused by:

a) wear and tear, atmospheric or climatic conditions or any gradual operating cause;

b) alterations, maintenance, repairs or any process of cleaning or restoring;

c) delay, confiscation or detention by order of any government or public authority;

d) Scratching or chipping of painted or polished surfaces

5. Consequential loss of any description as a result of loss of or damage to the Equipment

6. Any loss or damage

a) caused directly or indirectly by or through or in consequence of any occurrence for which a fund has been established in terms of the War Damage Insurance and Compensation Act, 1976 (No. 85 of l976) or any similar Act operative in any of the territories to which this policy applies

b) directly or indirectly caused by or contributed to by or arising from:-

I. Ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel:

II. The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

7. The cost of repairs and maintenance carried out by anyone other than an Approved Repairer.

8. Loss, Damage or Breakdown caused by negligence, abuse or misuse in respect of the Equipment including but not limited to:-

9. Loss of or damage to the Equipment whilst it is being used in conjunction with any other MSISDN unless authorized by the Administrator and such authorization has been noted in the policy

I. Failure to use or site the Equipment in accordance with manufacturer’s instructions or failure to follow maintenance recommendations.

II. The use of accessories or equipment not approved by the manufacturers or incorrect connections of signal leads or application of incorrect electrical supply.

III. Faulty software or programming or electrical power surge or fluctuation.

IV. Failure to ensure that the handset is safeguarded and locked away when not in use.

10. Any claim in respect of Equipment located or used outside of the Territorial Limits unless such loss or damage has occurred within the 90 days as specified or any further period agreed to in writing by the Insurer

11. Any claim resulting from the Equipment being left on any roof, bonnet or boot of a motor vehicle.

12. Any claim in respect of Equipment left in any unattended vehicle unless such claim is following forcible entry to the vehicle, which necessitates repairs to such vehicle. A copy of the Repairer’s account for such damage must be supplied upon submission of the claim.

13. Theft, loss, or damage to the Equipment whilst You are in or on any form of public conveyance, unless arising as a result of violence or threat of violence directed against You.

14. Any airtime costs incurred.

15. Resulting from political or non-political riot, strike, or civil commotion, public disorder, war, invasion, terrorism or public violence, or which is insurable by SASRIA (South African Special Risks Insurance Association).

16. Notwithstanding any provision of this policy including any exclusion, exception or extension or other provision not included herein which would otherwise override an exception, this policy does not cover loss of or damage or expense of whatsoever nature directly or indirectly caused by, arising out of or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any sequence to the loss, damage or expense. For the purpose of this exception ,an act of terrorism includes, without limitation, the use of violence or force or the threat thereof whether as an act harmful to human life or not, by any person or group of persons, whether acting alone or on behalf of or in connection with any organization or government, committed for political, religious, personal or ideological reasons or purposes including any act committed with the intention to influence any government or for the purpose of inspiring fear in the public or any section thereof. If the Insurer alleges that, by reason of this exception, loss or damage is not covered by this policy, the burden of proving the contrary shall rest on the insured.

17. Notwithstanding any provision of this policy including any exclusion, exception or extension or other provision not included herein which would otherwise override a general exception, this policy does not cover:

a) loss or destruction of or damage to any property whatsoever (including a computer) or any loss or expense whatsoever resulting or arising there from;

b) any legal liability of whatsoever nature;

c) any consequential loss;

directly or indirectly caused by or contributed to by or consisting of or arising from the incapacity or failure of any computer, correctly or not at all

i) to treat any date as the correct date or true calendar date, or correctly or appropriately to recognize, manipulate, interpret, process, store, receive or to respond to any data or information, or to carry out any command or instruction, in regard to or in connection with any such date, or

ii) to capture, save, retain or to process any information or code as a result of the operation of any command which has been programmed into any computer, being a command which causes the loss of data or the inability to capture, save, retain or correctly process such data in regard to or in connection with any such date, or

iii) to capture, save, retain or process any information or code due to programme errors, incorrect entry or the inadvertent cancellation or corruption of data and/or programmes, or

iv) To capture, save, retain or process any data as a result of the action of any computer virus, or other corrupting, harmful or otherwise unauthorised code or instruction including any Trojan horse, time or logic bomb or worm or any other destructive code, media or programme or interference.

A computer includes any computer, data processing equipment, microchip, integrated circuit or similar device in computer or non-computer equipment or any computer software, tools, operating system or any computer hardware or peripherals and the information or data electronically or otherwise stored in or on any of the above, whether the property of You or not.

STATUTORY NOTICE – SHORT TERM INSURANCE

IMPORTANT – PLEASE READ CAREFULLY

DISCLOSURE AND OTHER LEGAL REQUIREMENTS

(This notice does not form part of the insurance contract or any other document)

As a short-term insurance policyholder, or prospective policyholder, you have the right to the following information:

1. Intermediary

Name: MTN (PTY) LTD

Physical Address: Innovation Centre 216 14th Ave Fairland Roodepoort

Postal Address: Private Bag 9955 Cresta 2118 Johannesburg

Telephone Number: 083 123 6084

Facsimile: 011 912 5122

Email Address: insurancequeries@mtn.co.za

Registration No: 1993/001436/07

Authorized Financial Service Provider FSP No: 44774

Legal Status: We, MTN (PTY) LTD, are a company incorporated in terms of South African company legislation.

We are in possession of Professional Indemnity Policy and IGF cover in terms of Regulation 4, Section 45 of Short Term Insurance Act of 1998.

MTN (PTY) LTD has a contractual relationship with Guardrisk Insurance Company in terms of which MTN (PTY) LTD may market insurer’s products of Short Term Insurance Personal and Commercial Lines. MTN (PTY) LTD has no contractual relationship with any other Service Provider.

MTN (PTY) LTD does not hold more than 10% of the product supplier’s Shares, Guardrisk Insurance Company, nor does it hold any other financial interest in that company.

MTN (PTY) LTD does not receive more than 30% of total remuneration, including commission, from Guardrisk Insurance Company.

In the event of a claim contact the administrators:

Administrator:

Name: MTN (PTY) LTD

Physical Address: Innovation Centre 216 14th Ave Fairland Roodepoort

Postal Address: Private Bag 9955 Cresta 2118 Johannesburg

Telephone Number: 083 123 6084

Facsimile: 011 912 5122

Email Address:insurancequeries@mtn.co.za

Registration No: 1993/001436/07

Authorized Financial Service Provider FSP No: 44774

2. Details of Insurer

Name: GUARDRISK INSURANCE COMPANY LIMITED

Physical Address: 2nd Floor, 115 West Street, Sandton

Postal Address: PO Box 786015, Sandton, 2146

Telephone Number: (011) 669-1000

Facsimile: (011) 669-1931/2

Compliance Officers: (011) 669-1039

Email Address:compliance@guardrisk.co.za

Name, class or type of policy involved: Refer to attached policy schedule

Registration No: 1992/001639/06

Authorized Financial Service Provider FSP No: 26/10/75

3. Details of ISS Compliance

Name: Intermediary Support Services SA (Pty) Limited

Compliance Officer: Roy Bank

Physical Address: 1st Floor President Place Corner Bolton Road and Jan Smuts Ave Rosebank

Postal Address: PO Box 1563 Randburg 2125

Telephone Number: (011) 447-9899 or 0861 Comply (266759)

Facsimile: 086 504 4119

Email Address: iss@fais.co.za

Web Address: www.isssa.co.za

4. Other Matter of Importance

a) You must be informed of any material changes to the information referred to in paragraphs 1 and 2

b) If the information in paragraphs 1 and 2 was given orally, it must be confirmed in writing within 30 days

c) If any compliant to the intermediary or insurer is not resolved to your satisfaction; you may submit the complaint to the Registrar of Short term Insurance

d) Polygraph or any lie detector test is not obligatory in the event of a claim and the failure thereof may not be the sole reason for repudiating a claim

e) If premium is paid by debit order:

(i) It may only be in favour of one person and may not be transferred without approval;

and

(ii) The insurer must inform you at least 30 days before the cancellation thereof in writing, of its intention to cancel such debit order

f) The insurer and not the intermediary must give reasons for repudiating your claim

g) Your insurer may not cancel your insurance merely by informing your intermediary. There is an obligation to make sure the notice has been sent to you

h) You are entitled to a copy of the policy free of charge

5. Warning

Do not sign any blank or partially completed application form.

Complete all forms in ink.

Keep all documents handed to you.

Make a note as to what is said to you.

Don’t be pressurised to buy the product.

Incorrect or non-disclosure by you of relevant facts may influence an insurer on any claims arising from your contract of insurance.

6. Particulars of FAIS Ombud who is available to advise you in the event of claim problems that are not resolved to you satisfaction by the insurance intermediary and/or the insurer

Physical Address: Eastwood Office Park, Baobad House, Ground Floor, Cnr Lynwood Road and Jacobson Drive, Lynwood

Telephone Number: (012) 470-9080

Facsimile Number: 086 618 4053

Email Address: info@faisombud.co.za

Website Address: www.faisombud.co.za

7. Particulars of Short-term Insurance Ombud who is available to advise you in the event of claim problems that are not resolved to you satisfaction by the insurance intermediary and/or the insurer

Physical Address: Sunnyside Office Park, 5th Floor, Building D, 32 Princess of Wales Terrace, Parktown

Postal Address: PO Box 32334, Braamfontein, 2107

Telephone Number: (011) 726-8900

Facsimile Number: (011) 726-5501

Email Address: info@osti.co.za

Website Address: http://osti.co.za

8. Particular of Registrar of Short-term Insurance

Financial Services Board

Postal Address: PO Box 35655, Menlo Park, 0102

Telephone Number: (012) 428-8000

Facsimile Number: (012) 347-0221

(You may be required to sign a copy of this document)

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