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99C Data Promo on Classic Contracts

MTN Voice Contract 99c/MB Adhoc Data Promotion Terms and Conditions (“Terms and Conditions”)

NOTICE: PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEN AMENDED.

AS OF 31 AUGUST 2014, THE PROVISIONS OF CLAUSES 1.1 AND 2.1 HAVE BEEN AMENDED AND THE PROVISIONS OF CLAUSE 3.1.12 HAS BEEN DELETED.

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.

C. Please read these terms and conditions carefully. Your use of this service will constitute your agreement to comply with these Terms and Conditions.

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

Clauses: 1.2, 2.2, 3, 5.2, 6 and 7.

1. Introduction

1.1. All existing and new MTN Anytime, MTN Off-Peak and My MTNChoice customers will receive a reduced standard rate on data usage, in accordance with these Terms and Conditions (the “Offering”).

1.2. These Terms and Conditions must be read together with your MTN Subscriber Contract Terms and Conditions.

2. Duration

2.1. The Offering is available from 01 June 2014 until 30 September 2014 (the “Duration”).

2.2. Notwithstanding the Duration, MTN may, in its sole and absolute discretion, amend the Duration, 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 new and existing MTN customers on the below packages/price plans:

3.1.1. MTN Anytime 50;

3.1.2. MTN Anytime 100;

3.1.3. MTN Anytime 200;

3.1.4. MTN Anytime 350;

3.1.5. MTN Anytime 500;

3.1.6. MTN Anytime 750;

3.1.7. MTN Anytime 1200;

3.1.8. MTN Anytime 1500;

3.1.9. MTN Off Peak 50;

3.1.10. MTN Off Peak 100;

3.1.11. MTN Off Peak 200;

3.1.12. My MTNChoice 25

3.1.13. My MTNChoice 50;

3.1.14. My MTNChoice 100;

3.1.15. My MTNChoice 200

3.1.16. My MTNChoice 350;

3.1.17. My MTNChoice 500; and

3.1.18. My MTNChoice 1000,

(the “Customers”).

4. The Offering

4.1. From 01 June 2014, the Customers shall receive a standard rate of R0.99 (ninety nine cents) on data usage.

5. General Rules

5.1. The Offering is only available to the above Customers.

5.2. The standard rate for data applies when Customers do not load data bundles. If the Customer has loaded a data bundle, data usage will deplete according to the data bundle loaded, where after the out of bundle will apply (if the validity period of the data bundle has not expired). Upon the data bundle being depleted and the validity period of the data bundle having expired, Customers shall receive the standard data rate.

6. Modification of Terms and Conditions

6.1. 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.

6.2. 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.

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

6.4. See www.mtn.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media.

7. Limitation of Liability

7.1. Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 7.2 and 7.3 below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):-

7.1.1. if MTN does not supply or deliver any device or SIM card/s on the required date or time; or

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

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

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

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

7.2. Clause 7.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

7.3. Clause 7.1 does not limit or exempt MTN from liability for any loss directly or indirectly attributable to the gross negligence of MTN or any person acting for or controlled by MTN to the extent that the law does not allow this. Clause 7.1 also does not limit or exclude the liability of MTN for death or personal injury caused to you through an act or omission of MTN subject to section 61(1) of the Consumer Protection Act, to the extent that the law does not allow this. Clause 7.1 also does not require you to assume risk or liability for these kinds of losses to the extent that the law does not allow this.

8. General

8.1. For any customer queries, customers may dial 173 for MTN PayAsYouGo customers and 808 for MTN TopUp customers.

8.2. MTN is not responsible for any calls and/or services being cut off due to your airtime or Internet bundle credit having expired for any reason. MTN will, however, endeavour to contact you to advise you that your airtime minutes are depleted, prior to it running out.

8.3. MTN does 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.

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

8.5. You will be able to make and receive calls only when you are in the Republic of South Africa in an area covered by the MTN network in the Republic of South Africa. You will also be able to make or receive calls while you are outside the Republic of South Africa, subject to MTN’s roaming terms and conditions. The tariffs and guide on how to manage calls while roaming (outside of the Republic of South Africa) can be found on www.mtn.co.za.

8.6. 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.

My MTN Choice + Terms and Conditions

My MTNChoice + 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 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.

D. Please note that these Terms and Conditions are subject to your Subscriber Contract Terms and Conditions.

NOTICE: PLEASE NOTE THAT AS OF 3 APRIL 2017, THESE TERMS AND CONDITIONS HAVE BEEN AMENDED:

THE PROVISIONS OF CLAUSES 5.1.6 HAVE BEEN INSERTED.

SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE

IMPORTANT TO NOTE: 2, 3, 4, 5.1.3, 5.1.5, 5.1.6, 6, 8, 10 and 11

1 The My MTNChoice + Offering (the “Offering”)

1.1 The My MTNChoice+ provides Customers enhanced inclusive data value, anytime voice minutes as well as SMS's in one solution (the Offer/ Offering/ My MTNChoice +”).

2 Offer Period

2.1 The Offering will be available from 17 November 2015 until such time as MTN in its sole and absolute discretion elects to discontinue the Offering (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 Offer in its entirety, with notice to you. Visit www.mtn.co.zaregularly for notices, updates and/or changes to services.

3 Qualifying Customers

3.1 The Offering is available to the following MTN customers:

3.1.1 new My MTNChoice + customers;

3.1.2 existing MTN customers who are eligible for an upgrade (that is, from month 21 of the customer’s contract) and perform an upgrade to the My MTNChoice + Offer; and

3.1.3 existing MTN customers migrating into the My MTNChoice + Offer, (the “Qualifying Customers”).

4 The Offering

4.1 The Offering contains the following:

Table 1: Offering Plans and Details

 

 

Calls

 

 

SMSs

 

 

 

Price

 

Offering

 

To any

 

 

To any

 

Data

Smartphone

 

 

 

 

 

 

 

 

 

 

 

 

 

Network

 

 

Network

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

My MTNChoice+ S

100

 

100

 

2GB

Yes

R299

 

 

 

 

 

 

 

 

 

 

My MTNChoice+ M

350

 

350

 

5GB

Yes

R699

 

 

 

 

 

 

 

 

 

 

My MTNChoice+ L

500

 

500

 

7GB

Yes

R999

 

 

 

 

 

 

 

 

 

 

 

 

All pricing above is a monthly cost/subscription and is inclusive of value added tax.

5 Terms and Conditions

5.1 Further to the MTN Subscriber Contract Terms and Conditions, the following specific terms and conditions

will apply to the Offering:

5.1.1 The Offering is available on a variable length contract, that is, a 6 (six), 12 (twelve), 18 (eighteen) or 24 (twenty four) month contract basis.

Qualifying Customers shall benefit from the Offering for the duration of their contract period.

5.1.2 The pricing for the Offering with a device, is dependent on the device that the Qualifying Customer

chooses. The Pricing applicable to the Sim only deals is dependent on the Service Provider through

which the Qualifying Customer subscribes to, migrates into or upgrades to.

5.1.3 Qualifying Customers may subscribe to, migrate into or upgrade to the Offering through any MTN store during the Offering Period.

5.1.4 MTN may, in its sole and absolute discretion, amend the prices and/or Fair Use Value noted in the table above.

5.1.5 Voice, Data, SMS, International Calling and Smartphone services add-ons, amongst others, may be loaded onto the My MTNChoice+ range of Price Plans (the “Add-On Bundles and Services”), subject to:

5.1.5.1 The Add-On Bundles and Services may be subscribed to as recurring Add-On Bundles and Services or as once-off Add-On Bundles;

5.1.5.2 All Customers on the My MTNChoice+ range of Price Plans have the ability to recharge at any time through various mediums; and

5.1.5.3 My MTNChoice+ Price Plan enables Customers to use their inclusive value for making voice calls, sending SMSs and browsing the internet. Voice calls on this Price Plan are billed at per second rates. For details regarding Add-On Bundles and Services, please see www.mtn.co.za.

5.1.6 Roaming, International Calling and all Premium rated services will be depleted from recharge airtime and Subscriber Usage Limit (“SUL”).

5.1.6.1 Roaming usage that depletes recharge airtime and Subscriber usage limit are: SMS and Data only.

5.1.6.2 Voice Roaming usage does not deplete recharge airtime and subscriber usage limit.

5.1.7 MTN Contract and MTN TopUp Customers who are eligible to migrate to the My MTNChoice+ Offering

shall retain the accumulated/accrued (inclusive or Add-On Bundle) Rand value, minutes, SMSs or Data (the “carry-over value”), where a similar wallet exists in the My MTNChoice+ Offering migrated to. The carry-over value will be added to the respective wallet and the expiry/carry-over rules related to that wallet will apply. However, off peak minutes shall be migrated to the MTN to MTN wallet.

5.1.8 The Qualifying Customer may use their accrued loyalty points to purchase available once-off Bundles. In the event that the Qualifying Customer migrates from their existing price plan to the My MTNChoice+ Offering, the Qualifying Customer’s existing loyalty points will be carried over to My MTNChoice+ Offering. For further information, see www.mtn.co.za.

6 RICA

6.1 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.

6.2 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.

6.3 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.

6.4 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.

6.5 If you change ownership to a third party, the Offering is not transferable.

6.6 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.zafor details.

7 Mobile Number Portability (“MNP”)

7.1 This gives you the ability to move to another mobile network and still retain your cellphone number. A Caller Line Identity (“CLI”) validation will need to be done to ensure that the number being ported is in the customer’s possession. You will lose any unused airtime and Internet bundle or promotional credits, and your voicemail messages when you port. MNP regulations and terms and conditions apply. See www.mtn.co.zafor further information.

8 Data Roaming

8.1 If you wish to go out of the Republic of South Africa and use the Internet, you will be billed according to the Zoned Data roaming rates and roamed usage will not be billed against the inclusive data received on the Offering.

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

9 Cancellation

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

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

10 Modification of Terms and Conditions

10.1 MTN reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Offering, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.

10.2 See www.mtn.co.zafor 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 nonavailability of the service. Visit www.mtn.co.zaregularly 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 MTN does not supply or deliver any device or SIM card/s on the required date or time; or

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

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

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

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

11.1.6 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.

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.

12.3 You will be solely responsible for all products and services contained in the Offering from delivery of the Offering to you. Accordingly, MTN takes no responsibility for any loss or damage of any of the contents of this Offering, 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.

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