MTN 1 Day Uncapped Internet Bundle Terms and Conditions (“Terms and Conditions”)
NOTICE: PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEN AMENDED. AS OF 1 DECEMBER
2014, THE PROVISIONS OF CLAUSE 2.1, HAVE BEEN AMENDED.
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
SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE
IMPORTANT TO NOTE:
Clauses: 1.2, 2.2, 3, 3.2, 5.2, 6, 7, 7.1 – 7.6, 7.9, 8.2, 9, 10, 11.2, 11.3, 16,
17 and 18.
1. MTN 1 Day Uncapped Internet Bundle
1.1. The MTN 1 Day Uncapped Internet Bundle provides customers with an uncapped
data, subject to the fair use policy, valid for 1 (one) day from the time it is
purchased, as detailed in these Terms and Conditions (the “MTN 1 Day Uncapped Internet
Bundle” / the “Offering”).
1.2. Please note: The MTN 1 Day Uncapped Internet Bundle 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 1 Day Uncapped Internet Bundle will be available from 31 January 2016
or until such time as MTN in its sole and absolute discretion elects to discontinue
the Offer (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 1 Day Uncapped Internet Bundle 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,
3.2 For the avoidance of doubt, the MTN 1 Day Uncapped Internet Bundle is not available
3.2.1 MTN Sky Contract customers;
3.2.2 Customers who have purchased the MTN 24 hour Internet Bundle;
3.2.3 Customers who have purchased any MTN Sky Uncapped Bundle (MTN Sky Ultimate
Uncapped Bundle, MTN Sky Super Uncapped Bundle and MTN Sky Daily Bundle); and
3.2.4 Least cost routers and community payphone customers.
4. The MTN 1 Day Uncapped Internet Bundle
MTN 1 Day Uncapped
MTN 1 Day Uncapped Internet Bundle
Uncapped (Fair Use Value of 150MB)
24 hours after activation
Pricing above is inclusive of value added tax (VAT).
*subject to MTN’s Fair Use Policy (see clause 9.1 below).
5. Activation of the MTN 1 Day Uncapped Internet Bundles
5.1 Customers may purchase an MTN 1 Day Uncapped Internet Bundle by dialing
5.2 Customers must activate the MTN 1 Day Uncapped Internet Bundle after purchase,
by dialing *141*5#. The MTN 1 Day Uncapped Internet Bundle does not automatically
5.3 Customers may only activate the MTN 1 Day Uncapped Internet Bundle if they have
sufficient airtime in their airtime account or using their usage limit (for My MTNChoice
customers). This excludes MTN Loyalty 1-4-1 Loyalty Points and any promotional airtime.
6. Validity of the MTN 1 Day Uncapped Internet Bundle
The MTN 1 Day Uncapped Internet Bundle is valid for a period of 24 (twenty four)
hours, after it is activated, in accordance with clause 5.2 above (the “Validity
7.1 The Internet Value may only be used during the Validity Period.
7.2 Customers may use the MTN 1 Day Uncapped Internet Bundle for local Internet
7.3 Customers may purchase more than 1 (one) MTN 1 Day Uncapped Internet Bundle,
per day (that is, between 00h00 and 23h59), during the Offer Period. Please note:
only one MTN 1 Day Uncapped Internet Bundle can be active at a time.
7.4 After the Validity Period ends, the MTN 1 Day Uncapped Internet Bundle will
expire (that is, after 1 hour). There is no carry-over of unused Internet Value
of the MTN 1 Day Uncapped Internet Bundle. Any unused Internet Value will be lost
/ forfeited when the MTN 1 Day Uncapped Internet Bundle expires.
7.5 There is no out of bundle rate applicable to the Internet Value.
7.6 If a Customer has an active MTN 1 Day Uncapped Bundle, the Customer will be
unable to load an MTN Internet Rush Hour Bundle.
7.7 Customers are able to load an MTN 1 Day Uncapped Internet Bundle on the same
day that they have loaded an MTN Internet Rush Hour Bundle. The MTN 1 Day Uncapped
Bundle can be activated after the MTN Internet Rush Hour Bundle expires. If the
Customer activates the MTN 1 Day Uncapped Bundle before the MTN Internet Rush Hour
Bundle expires, the Customer will forfeit (that is, lose) the value and validity
period of the MTN Internet Rush Hour Bundle.
7.8 Customers may view their remaining Validity Period by dialing *141*1#.
7.9 Please note: International Roaming Internet usage does not form part of the
MTN 1 Day Uncapped Internet Bundles will be charged at the applicable price plan
out of bundle rates.
8. Depletion Rules
8.1 During the Validity Period, the local Internet usage shall deplete off the Customer’s
MTN 1 Day Uncapped Internet Bundle.
8.2 When the Validity Period expires, the Customer’s Internet usage will be billed
at the Customer’s applicable price plan rate.
9. Fair Use Policy and Acceptable Use of the MTN 1 Day Uncapped Internet Bundles
9.1 Fair Use Policy
9.1.1 This Fair Use Policy outlines the acceptable and/or unacceptable behaviour
of Customers utilizing the MTN 1 Day Uncapped Internet Bundle.
9.1.2 This Fair Use Policy allows MTN to maintain the quality and reliability of
its network as well as to provide fair use of the MTN network to all Customers.
Abuse of this Fair Use Policy may impair the MTN network and ability of other customers
to enjoy the network.
9.1.3 MTN reserves the right, in terms of this Fair Use Policy, to take the necessary
action to prevent improper, excessive or abusive use of the MTN 1 Day Uncapped Internet
Bundle. Such action includes but is not limited to suspension or deactivation of
a Customer’s MTN 1 Day Uncapped Internet Bundle, where usage is deemed fraudulent
and/or in contravention of the law.
9.1.4 Customers with an active MTN 1 Day Uncapped Internet Bundle shall be able
to generate uncapped data usage, however, a fair use value/threshold as detailed
in the table in clause 4 above will apply for the duration of the Validity Period.
9.1.5 Should the Customer exhaust the fair use value, as detailed in the table in
clause 4 above, before the end of the Validity Period, the Customer’s data speeds
will be reduced to 128kbps for the remainder of the Validity Period and the Fair
Use Policy shall detailed in this clause 9 shall apply.
9.1.6 MTN further reserves the right to implement other measures and controls to
ensure that the integrity of its systems is maintained, including but not limited
to measures such as DPI (Deep Packet Inspection). DPI:
220.127.116.11 allows MTN to monitor aspects including, but not limited to, non-compliance
with its Fair Use Policy and restricted protocols, prevent attacks from computer
viruses/worms and identify SPAM. Such usage may be blocked or re-routed;
18.104.22.168 also allows MTN to throttle certain usage, such as peer to peer traffic;
22.214.171.124 shall also allow MTN to prioritize/filter certain activities, such as VoIP
traffic, over other activities which are burdensome on the MTN network (such as
126.96.36.199 in essence, this allows MTN to alleviate network congestion and improve
service to all MTN customers.
9.1.7 This Fair Use Policy may be amended by MTN, whether by clarifying, modifying,
adding to or deleting certain terms and conditions. This is subject to the Modification
of Terms and Conditions, including notice being provided to you, as detailed in
clause 16 below.
9.2 The MTN 1 Day Uncapped Internet Bundles are intended for consumer use only.
This means that the MTN 1 Day Uncapped Internet Bundles may not be used for commercial
use (which includes, but is not limited to the intention of promoting, enabling,
subscribing to, selling (directly or indirectly) the goods, services or image of
any person pursuing a commercial, industrial, craft, religious, charitable or political
activity or exercising a regulated profession).
9.3 The MTN 1 Day Uncapped Internet Bundles exclude use of the following services:
9.3.1 Least Call Routing (LCR);
9.3.2 Routing devices; and/or
9.3.3 Commercial use.
9.4 Use of the above services shall be deemed abuse and/or fraudulent use of the
MTN 1 Day Uncapped Internet Bundles and shall entitle MTN to immediately suspend
and/or deactivate the Customer’s access to the MTN 1 Day Uncapped Internet Bundles.
10. Cancellation of the MTN 1 Day Uncapped Internet Bundle
10.1 Customers are unable to cancel the MTN 1 Day Uncapped Internet Bundle. The
MTN 1 Day Uncapped Internet Bundle will expire at the conclusion of the Validity
10.2 Customers who have deactivated their MTN cellphone number off the MTN network
will forfeit / lose their MTN 1 Day Uncapped Internet Bundle. Should a Customer
reinstate their MTN cellphone number on the MTN network, MTN is unable to reinstate
the MTN 1 Day Uncapped Internet Bundle.
11.1. 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 MTN 1 Day Uncapped
Internet Bundle, the Customer shall retain (that is, keep) the remaining Validity
Period of the MTN 1 Day Uncapped Internet Bundle.
11.2. When a Customer migrates to another price plan where the MTN 1 Day Uncapped
Internet Bundle is not available (listed in clause 3.2 above), the Customer will
lose his / her value / benefit of the MTN 1 Day Uncapped Internet Bundle.
11.3. Customers migrating to another type of price plan (for example, from an MTN
PayAsYouGo price plan, an MTN TopUp price plan or a My MTNChoice price plan) or
to an MTN Contract shall forfeit / lose the valid / active MTN 1 Day Uncapped Internet
12. MTN 1-4-1 Loyalty Points
12.1 Customers registered to the MTN 1-4-1 Loyalty Points programme will be able
to earn loyalty points for out-of-bundle usage (that is, “paid for” usage) in accordance
with existing loyalty rules. That is, 1 (one) point for every R1.00 (one Rand) spent.
12.2 Customers shall also earn loyalty points on the subscription cost of the MTN
1 Day Uncapped Internet Bundle.
12.3 The MTN 1 Day Uncapped Internet Bundles are unavailable for purchase on the
MTN Loyalty Product Catalogue.
13.1 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 and roamed usage will
not be billed against the MTN 1 Day Uncapped Internet Bundle.
13.2 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 .
14. 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.
15. MTN Access4Life Extender
15.1 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.
15.2 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.
15.3 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.
15.4 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.
15.5 Usage of the MTN 1 Day Uncapped Internet Bundle shall count toward the Customer’s
MTN Access4Life rules.
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, its products and services and to modify its
products and services at its discretion, with notice to you.
16.2 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.
16.3 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.
16.4 MTN reserves the right from time to time to vary the charges of these 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 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.
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
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. 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 for further information.