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2014 Q4 Data Bundle Terms and Conditions

RETAIL Q4 DATA PROMO Terms and Conditions (“Terms and Conditions”)

NOTE:

A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Proprietary) Limited, Registration Number 1993/001436/07 (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies MTN and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and MTN may also have claims and other rights against you.

B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

C. Please read these terms and conditions carefully. Participation in this promotion will constitute your agreement to comply with these terms and conditions. If you do not agree with these terms and conditions, please do not participate in this promotion.

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

Clauses: 2, 2.1, 2.2, 2.3, 3, 3.2, 3.3, 4, 5, 6, 10 and 11.

1. Introduction

MTN introduces a promotion to qualifying MTN customers who have purchased and activated an MTN Smartphone from any MTN or Retail store nationwide. Qualifying Customers (as detailed in clause 3 below) will then receive varying FREE MTN data for a limited period, as detailed in these Terms and Conditions (the “Promotional Offer”).

2. Offer Period

2.1 The Promotional Offer will be available from 01 October 2014 until 31 January 2015 and SUBJECT TO STOCK AVAILABILTY OR WHILST STOCKS LAST (the “Offer Period”).

2.2 These terms and conditions must be read in conjunction with the MTN Pay Per Second price-plan.

2.3 Notwithstanding the Offer Period, MTN may, in its sole and absolute discretion, amend the duration of the Offer Period to a shorter or longer period, or withdraw the Promotional Offer in its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

3. How to Qualify

3.1. Customers must:

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

3.1.1.1 Mobicel Retro;

3.1.1.2 Samsung Galaxy Pocket Neo 5310i;

3.1.1.3 ZTE Switch X1;

3.1.1.4 Alcatel PIXI 2;

3.1.1.5 ZTE Switch X2;

3.1.1.6 Alcatel POP C2;

3.1.1.7 MTN STEPPA 2; or

3.1.1.8 MTN STEPPA 7” Tablet;

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

3.2 Please note that this Promotional Offer is only available to those Qualifying Customers who have purchased and activated the Smartphone and SIM card in terms of RICA and has been activated on the MTN network.

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

4. Benefit

Customers who fulfil the requirements of clauses 3 and 4 above will receive the following free MTN data (the “Free Data”) as detailed below:

4.1 The Free Data:

Smartphone

Free Data

Validity

Mobicel Retro

100MB x 6 months

30 days

Samsung Pocket Neo 5310i

100MB x 6 months

30 days

ZTE Switch X1

100MB x 6 months

30 days

Alcatel PIXI 2

100MB x 12 months

30 days

ZTE Switch X2  

200MB x 3 months

30 days

Alcatel POP C2

200MB x 3 months

30 days

MTN STEPPA 2

200MB x 12 months

30 days

MTN STEPPA 7” TABLET

200MB x 12 months

30 days

4.3 Once the Free Data has been loaded by MTN, it will expire within 30 (thirty) days.

4.4 Customers will receive varying amounts of data for a variable period which will be dependent on the device purchased, for example a customer who purchase a ZTE Switch X1 will receive 100MB (one hundred megabytes) Free Data for a period of 6 (six) consecutive months (the “Promotional Period”).

5. Rules

5.1 Standard out-of-bundle rates apply, where the Customer exceeds the Free Data.

5.2 There is no carry-over on Free Data.

5.3 The Promotional Offer will default on the MTN Pay Per Second price-plan.

6. Billing / Depletion of the Free Data

6.1 Any Promotional Internet Bundle including additional Free Data value shall be depleted first thereafter the inclusive Internet Bundle value.

7. Migration / Porting

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

8. MTN 1-4-1 Loyalty Points

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

9. Data Roaming

9.1. 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 Free Data received on the Promotional Internet Bundle.

9.2. 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.

10. Limitation of Liability

10.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 10.2 and 10.3 below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):-

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

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

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

10.2 Clause 10.1 does not limit or exclude any warranties or obligations which are implied into the Promotional Offer by the Consumer Protection Act (to the extent applicable) or which MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

10.3 Clause 10.1 does not limit or exempt MTN from liability for any loss directly or indirectly attributable to the gross negligence of MTN or any person acting for or controlled by MTN to the extent that the law does not allow this. Clause 10.1 also does not limit or exclude the liability of MTN for death or personal injury caused to you through an act or omission of MTN subject to section 61(1) of the Consumer Protection Act, to the extent that the law does not allow this. Clause 10.1 also does not require you to assume risk or liability for these kinds of losses to the extent that the law does not allow this.

11. Modification of Terms and Conditions

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

11.2 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.

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

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

12. 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.

13. General

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

13.2 MTN do not warrant or guarantee that it will notify you at that time or at all, and you agree that MTN is not liable for any loss you or any other person may suffer, allegedly as a result of MTN not contacting you at that time or at all.

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

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

MTN International Calling Subscription Terms and Conditions

MTN International Calling Subscription Terms and Conditions (“Terms and Conditions”)

NOTE:

A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Proprietary) Limited, Registration Number 1993/001436/07 (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against MTN and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and MTN may also have claims and other rights against you.

B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

C. Please read these Terms and Conditions carefully. Participation in this offering will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offering.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEM AMENDED AS OF 01 AUGUST 2016. 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.

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 30 November 2016(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 International Calling Subscription is available to the following MTN customers:

3.1.1 MTN PayAsYouGo price plans;

3.1.2 MTN TopUp price plans;

3.1.3 MTN Contract price plans; and

3.1.4 My MTNChoice price plans,

(the “Customers”).

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

4. The MTN International Calling Subscription

 

Price

Recurring Subcription

MTN International Calling Subscription

R5.00 per month

Recurring (monthly)

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

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

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

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

4.3.1 local calls;

4.3.2 video calls;

4.3.3 local or International SMSs;

4.3.4 local or International MMSs; or

4.3.5 local or roaming data usage.

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

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

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

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

5. Activation of the MTN International Calling Subscription

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

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

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

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

6. Provisioning of the MTN International Calling Subscription

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

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

6.3 MTN PayAsYouGo Customers:

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

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

6.4 MTN TopUp, MTN Contract and My MTNChoice Customers:

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

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

7. Carry over and Expiry Rules

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

8. Billing

8.1 MTN PayAsYouGo Customers:

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

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

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

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

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

8.2 MTN TopUp, MTN Contract and My MTNChoice Customers:

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

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

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

9. Deactivation/Cancellation of the MTN International Calling subscription

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

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

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

10. Migration

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

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

11. MTN 1-4-1 Loyalty Points

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

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

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

12. Roaming

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

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

13. Value Added Services

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

14. MTN Access4Life Extender

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

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

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

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

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

15. SIM Swap

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

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

16. Modification of Terms and Conditions

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

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

16.3 MTN reserves the right at any time to modify, suspend or discontinue its promotions and services, with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the promotion or service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.

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

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

17. Limitation of Liability

17.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 17.2 and 17.3 below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):-

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

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

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

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

17.2 Clause 17.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

17.3 Clause 17.1 does not limit or exempt MTN from liability for any loss directly or indirectly attributable to the gross negligence of MTN or any person acting for or controlled by MTN to the extent that the law does not allow this. Clause 17.1 also does not limit or exclude the liability of MTN for death or personal injury caused to you through an act or omission of MTN subject to section 61(1) of the Consumer Protection Act, to the extent that the law does not allow this. Clause 17.1 also does not require you to assume risk or liability for these kinds of losses to the extent that the law does not allow this.

18. General

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

18.2 You will be able to access services only when you are in the Republic of South Africa in an area covered by the MTN network in the Republic of South Africa.

18.3 You will be solely responsible for all products and services accessed through the Offering. Accordingly, MTN takes no responsibility for any loss or damage caused by your access through the Offering, including the SIM card, where applicable. In the event of theft or loss of your device and/or SIM card, such items must be replaced at your own cost, you are obliged to report such loss or theft to the South African Police Services immediately, and to request MTN to suspend such SIM Card.

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

18.5 MTN shall be entitled to prohibit or terminate any Customer’s participation in the Offering if such Customer does not meet the criteria detailed herein and/or if the Customer is involved in any fraudulent activity or suspected fraudulent activity.

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

MTN International Calling Bundle Terms and Conditions

MTN International Calling Bundle Terms and Conditions (“Terms and Conditions”)

NOTE:

A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Proprietary) Limited, Registration Number 1993/001436/07 (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against MTN and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and MTN may also have claims and other rights against you.

B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

C. Please read these Terms and Conditions carefully. Participation in this offering will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offering.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEM AMENDED AS OF 26 OCTOBER 2015. THE FOLLOWING CLAUSES HAVE BEEN AMENDED: CLAUSES 1, 2.1, 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 2.1SECTION 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 Bundle

The MTN International Calling Bundle gives Customers an inclusive value of R30.00 (thirty Rand), to use for International calls at the discounted rates to predetermined 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 Bundle 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 Bundle is available to the following MTN customers:

3.1.1 MTN PayAsYouGo price plans;

3.1.2 MTN TopUp price plans;

3.1.3 MTN Contract price plans; and

3.1.4 My MTNChoice price plans,

(the “Customers”).

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

4. The MTN International Calling Bundle and Rates

 

Price

Once-off or Recurring Bundles

MTN International Calling Bundle

R30.00 per bundle

Once-off (adhoc); and Recurring (monthly)

 

4.1.1 allows Customers to purchase a bundle, with an inclusive value of R30.00 (thirty Rand), to use for International calls at the discounted rates;

4.1.2 is available as a recurring (that is, monthly) bundle or a once-off (adhoc) bundle.

4.2 The MTN International Calling Bundle 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-Bundle rates 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.

4.5 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.

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

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

4.9 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 Bundles rate. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

5. Activation of the MTN International Calling Bundles

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 Bundle is available as a once-off (adhoc) or recurring (monthly) bundle. Customers may purchase more than 1 (one) MTN International Calling Bundle, per mobile number, as a once-off (adhoc) bundle or a recurring (monthly) bundle.

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

6. Provisioning of the MTN International Calling Bundles

6.2 MTN PayAsYouGo Customers:

6.2.1 shall receive access to the recurring (monthly) MTN International Calling Bundle immediately upon purchase; and

6.2.2 the recurring (monthly) MTN International Calling Bundle shall automatically activate every Monthly Anniversary Date.

6.3 MTN TopUp, MTN Contract and My MTNChoice Customers:

6.3.1 shall receive access to the recurring (monthly) MTN International Calling Bundle immediately upon purchase;

6.3.2 Shall receive a pro-rata value of the bundle, in the first month of activation, based on their bill run date; and

6.3.3 All subsequent activations of the recurring (monthly) MTN International Calling Bundle shall coincide with the Customer’s bill run date.

64. All Customers purchasing a once-off (adhoc) MTN International Calling Bundle will receive the full value of the bundle upon purchase.

7. Carry over and Expiry Rules

7.1 The once-off (adhoc) MTN International Calling Bundle will expire after one calendar month and any unused value will be depleted.

7.2 In addition to 7.1 above MTN PayAsYouGo, MTN TopUp or My MTNChoice Customer purchases multiple (that is, more than one) once-off (adhoc) MTN International Calling Bundle, the balance of the MTN International Calling Bundles shall be accumulated and the expiry date shall be based on the expiry of the last MTN International Calling Bundle purchased.

7.3 The recurring (monthly) MTN International Calling Bundle will recur every month until it’s expired and will carry over when not used for a maximum of 2 (two) months for MTN Contract customers and any unused value will be depleted.

7.4 The recurring (monthly) MTN International Calling Bundle will be capped when carried over and the value is 5 times the monthly R30 amount. In other words, it gets capped at R5x30=R150.00. When cancelled, it expires on the next bill-run (re-provision) date.

7.5 The recurring (monthly) MTN International Calling Bundle will carry over for a maximum of 5 (five) months for MTN PayAsYouGo, My MTN Choice and MTN TopUp customers and any unused value will be depleted.

7.6 However, if an MTN PayAsYouGo, MTN TopUp or My MTNChoice Customer purchases multiple (that is, more than one) once-off (adhoc) MTN International Calling Bundle, the balance of the MTN International Calling Bundles shall be accumulated and the expiry date shall be based on the expiry of the last MTN International Calling Bundle purchased.

8. Billing

8.1 MTN PayAsYouGo Customers:

8.1.1 The MTN International Calling Bundle 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 Bundle, then:

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

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

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

8.2 MTN TopUp, MTN Contract and My MTNChoice Customers:

8.2.1 The MTN International Calling Bundle 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 Bundle.

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

9. Deactivation/Cancellation of the MTN International Calling Bundle

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

9.2 The MTN International Calling Bundle (once-off or recurring):

9.2.1 Customers with an active MTN International Calling Bundle who cancel the bundle shall retain the benefits of the MTN International Calling Bundle until (whichever happens first):

9.2.1.1 the balance of the bundle reaches R0.00; or

9.2.1.2 the bundle expires.

9.2.2 For Customers who had subscribed to the recurring (monthly) bundle, upon the next Monthly Anniversary Date, the Customer will no longer be charged for the MTN International Calling Bundle and will forfeit (that is, lose) all benefits associated with the MTN International Calling Bundle.

10. Migration

10.1 Customers who migrate between 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 Bundle, shall retain (that is, keep) the bundle.

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 Bundle, shall forfeit (that is, lose) the bundle.

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 forout-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.

11.2 Loyalty Points will not be awarded on the purchase of the MTN International Calling Bundle.

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

12. Roaming

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

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 Bundles 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 Bundle performing a SIM swap shall retain the benefit associated with their MTN International Calling Bundle.

16. Modification of Terms and Conditions

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

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

16.3 MTN reserves the right at any time to modify, suspend or discontinue its promotions and services, with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the promotion or service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.

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

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

17. Limitation of Liability

17.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 17.2 and 17.3 below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):-

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

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

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

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

17.2 Clause 17.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

17.3 Clause 17.1 does not limit or exempt MTN from liability for any loss directly or indirectly attributable to the gross negligence of MTN or any person acting for or controlled by MTN to the extent that the law does not allow this. Clause 17.1 also does not limit or exclude the liability of MTN for death or personal injury caused to you through an act or omission of MTN subject to section 61(1) of the Consumer Protection Act, to the extent that the law does not allow this. Clause 17.1 also does not require you to assume risk or liability for these kinds of losses to the extent that the law does not allow this.

18. General

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

18.2 You will be able to access services only when you are in the Republic of South Africa in an area covered by the MTN network in the Republic of South Africa.

18.3 You will be solely responsible for all products and services accessed through the Offering. Accordingly, MTN takes no responsibility for any loss or damage caused by your access through the Offering, including the SIM card, where applicable. In the event of theft or loss of your device and/or SIM card, such items must be replaced at your own cost, you are obliged to report such loss or theft to the South African Police Services immediately, and to request MTN to suspend such SIM Card.

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

18.5 MTN shall be entitled to prohibit or terminate any Customer’s participation in the Offering if such Customer does not meet the criteria detailed herein and/or if the Customer is involved in any fraudulent activity or suspected fraudulent activity.

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

Shoprite CRM SMS 500MB Free data campaign Terms and Conditions

FREE MTN 500MB DATA with SHOPRITE Terms and Conditions (“Terms and Conditions”)

NOTE:

A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Proprietary) Limited, Registration Number 1993/001436/07 (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies MTN and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and MTN may also have claims and other rights against you.

B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

C. Please read these terms and conditions carefully. Participation in this promotion will constitute your agreement to comply with these terms and conditions. If you do not agree with these terms and conditions, please do not participate in this promotion.

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

Clauses: 2, 2.1, 2.2, 3, 4, 4.2, 4.3, 5, 6, 10 and 13.

1. Introduction

Mobile Telephone Networks (Proprietary) Limited (“MTN”) and Shoprite Checkers (Proprietary) Limited (“Shoprite Checkers”) are conducting a promotion to Qualifying Customers. Qualifying Customers (as detailed in clause 3 below) will receive 500MB (five hundred megabytes) of MTN data as a once-off Free Data benefit, as detailed in these Terms and Conditions (the “Offer”).

2. Offer Period

2.1 The Promotional Offer will be available from 03 November 2014 until 03 December 2014 (the “Offer Period”).

2.2 Notwithstanding the Offer Period, MTN may, in its sole and absolute discretion, amend the duration of the Offer Period to a shorter or longer period, or withdraw the Promotional Offer in its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

3. How to Qualify

3.1. Customers must be an existing MTN PayAsYouGo customer who:

3.1.1 purchased an MTN PayAsYouGo starter pack from Shoprite Checkers;

3.1.2 successfully activated their SIM card in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 as amended and any regulations thereto (“RICA”), through the Shoprite store;

3.1.3 is using a 3G Smartphone; and

3.1.4 have not used or using or loaded any MTN data bundle/s within the last 30 (thirty) days.

(referred to as the “Qualifying Customers”).

3.2 MTN will SMS Qualifying Customers throughout the Offer Period to notify them of the Promotional Offer.

4. Benefit

4.1 Customers who fulfil the requirements of clause 3 above will receive 500MB (five hundred megabytes) of MTN data (“Free Data”);

4.2 The Free Data will have the following Validity Period:

Free Data

Validity

500MB

60 Days

4.3 Once the Free Data has been loaded by MTN, it will expire within 60 (sixty) days from the day that it has been loaded (“Validity Period”).

4.4 For example, if the Free Data is loaded on Wednesday at 14h00, it will expire within 60 (sixty) days at 23:59.

4.5 If the inclusive Free Data is depleted before the Validity Period expires, customers will be charged an Out of Bundle Rate of R0.38 (thirty-eight cents) for any data usage for the remaining period of the 60 (sixty) days.

5. Depletion Rules

5.1 During the Validity Period, Customers who have received Free Data shall deplete the Free Data value first, before the Customer’s inclusive value, that is existing data bundles.

5.2 Free Data value will deplete first unless there are other bundles that have an earlier expiry.

5.3 The Customer’s price plan rates and benefits shall apply when the Free Data value has depleted.

6. Migration / Porting Rules

6.1 Customers who move between the same type of price plans (such as, from an MTN PayAsYouGo price plan to another MTN PayAsYouGo price plan or from an MTN TopUp price plan to another MTN TopUp price plan or from a My MTNChoice price plan to another My MTNChoice price plan), during the Offer Period, shall retain (that is, keep) the remaining Validity Period and value associated with the Free Data.

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

6.3 Customers porting to another service provider during the Offer Period, will lose existing Free Data.

7. MTN 1-4-1 Loyalty Points

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

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 Free Data received on the Promotional Internet Bundle.

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. Limitation of Liability

9.1. Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 9.2 and 9.3 below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):-

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

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

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

9.2 Clause 9.1 does not limit or exclude any warranties or obligations which are implied into the Promotional Offer by the Consumer Protection Act (to the extent applicable) or which MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

9.3 Clause 9.1 does not limit or exempt MTN from liability for any loss directly or indirectly attributable to the gross negligence of MTN or any person acting for or controlled by MTN to the extent that the law does not allow this. Clause 9.1 also does not limit or exclude the liability of MTN for death or personal injury caused to you through an act or omission of MTN subject to section 61(1) of the Consumer Protection Act, to the extent that the law does not allow this. Clause 9.1 also does not require you to assume risk or liability for these kinds of losses to the extent that the law does not allow this.

10. Modification of Terms and Conditions

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

10.2 MTN reserves the right at any time to modify, suspend or discontinue the services with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.

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

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

11. Value Added Services

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

12. General

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

12.2 MTN do not warrant or guarantee that it will notify you at that time or at all, and you agree that MTN is not liable for any loss you or any other person may suffer, allegedly as a result of MTN not contacting you at that time or at all.

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

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

MTN One Time Internet Bundles Terms and Conditions

MTN One Time Internet Bundles Terms and Conditions (“Terms and Conditions”)

NOTE:

A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Proprietary) Limited, Registration Number 1993/001436/07 (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies MTN and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and MTN may also have claims and other rights against you.

B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

C. Please read these Terms and Conditions carefully. Participation in this offering will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offering.

D. Please note that these Terms and Conditions are subject to your Subscriber Contract Terms and Conditions (applicable to MTN Contract, MTN TopUp and My MTNChoice customers) or your MTN PayAsYouGo price plan terms and conditions (applicable to MTN PayAsYouGo Customers).

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

Clauses:1.2, 2.2, 6.8, 7.2, 9, 17, 18 and 20.

1. The MTN One Time Internet Bundles

1.1. MTN introduces a range of One Time internet bundles, which provides a monthly allocation of anytime data value for a period of 6 (six) or 12 (twelve) months upon the customer paying the once-off subscription cost upfront, as detailed in these Terms and Conditions (the “MTN One Time Internet Bundles” / “Bundles”).

1.2. Further to the standard MTN Internet product and service terms and conditions (found on www.mtn.co.za), the terms and conditions detailed herein will apply to the Bundles.

2. Offer Period

2.1 The Offer will be available from 01 November 2014 until such time as advised by MTN (the “Offer Period”).

2.2 Notwithstanding the Offer Period, MTN may, in its sole and absolute discretion, amend the duration of the Offer Period to a shorter or longer period, or withdraw the Bundles 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 MTN One Time Internet Bundles are available to:

3.1.1 MTN PayAsYouGo customers;

3.1.2 MTN TopUp customers;

3.1.3 MTN Contract customers; and

3.1.4 My MTNChoice customers,

(the “Customers”).

4. The MTN One Time Bundles 

The MTN One Time Internet Bundles available are:

MTN One Time Bundles

Inclusive Anytime Data Value

Validity

Out of Bundle Rate

MTN One Time Internet Bundle 100MB

100MB

6 months / 12 months

R0.99

MTN One Time Internet Bundle 300MB

300MB

6 month / 12 months

R0.99

MTN One Time Internet Bundle 500MB

500MB

6 months / 12 months

R0.99

MTN One Time Internet Bundle 1GB

1GB

6 months / 12 months

R0.99

MTN One Time Internet Bundle 2GB

2GB

6 months / 12 months

R0.99

MTN One Time Internet Bundle 5GB

5GB

6 months/ 12 months

R0.99

MTN One Time Internet Bundle 10GB

10GB

6 months/ 12 months

R0.99

MTN One Time Internet Bundle 20GB

20GB

6 months/ 12 months

R0.99

MTN One Time Internet Bundle 60GB

60GB

6 months/ 12 months

R0.99

5. How to Purchase the MTN One Time Internet Bundles

5.1 Customers may purchase the Bundles through:

5.1.1 IVR – by dialing 141;

5.1.2 USSD – by dialing *141*2#;

5.1.3 Virtual channels (ATMs);

5.1.4 myMTNza application;

5.1.5 MTN stores or their service provider; or

5.1.6 MTN Online Store.

6. Validity Period and Allocation of Data Value

6.1 The MTN One Time Internet Bundles are available in denominations of 100MB (one hundred megabytes), 300MB (three hundred megabytes), 500MB (five hundred megabytes), 1GB (one gigabyte), 2GB (two gigabytes), 5GB ( five gigabytes), 10GB (ten gigabytes), 20GB ( twenty gigabytes), 30GB (thirty gigabytes) and 60GB ( sixty gigabytes) (referred to in these Terms and Conditions as the ”Applicable Data Value”)

6.2 The MTN One Time Internet Bundles are available in a:

6.2.1 6 (six) month option; or

6.2.2 12 (twelve) month option,

(the “Validity Period”).

6.3 Customers pay a once-off subscription cost upfront for the MTN One Time Internet Bundles. Upon the Customer activating the Bundle, the Applicable Data Value will be allocated to the Customer every month, for the duration of 6 (six) months or 12 (twelve) months.

6.4 For the duration of the Validity Period, Customers shall receive the Applicable Data Value, in accordance with the date on which the Bundle is activated (the “Month-a-versary”). For example, if a Customer loads a 100MB Bundle on 30 November, the Customer will receive 100MB on 30 November and another 100MB on 30 December and so forth, for the duration of the Validity Period.

6.5 The Applicable Data Value may be used at any time of day, within the Republic of South Africa only.

6.6 The Bundles are available as a once-off purchase only.

6.7 The once-off purchase will provide the Customer with the Applicable Data Value every month for the duration of the Validity Period.

6.8 Only 1 (one) active MTN One Time Internet Bundle is allowed at any given time.

6.9 MTN TopUp and MTN Contract customers loading the Bundles may receive a pro-rated value in the first month of loading the Bundle, depending on their bill cycle.

6.10 At the end of the Validity Period, the Customer’s data usage will follow MTN’s standard Internet usage rules (that is, be billed against any available Internet bundles or be charged the standard out of bundle rate).

7. Out of Bundle Rates and Carry-Over Rules

7.1 In the event that the Customer exceeds/reaches the inclusive Applicable Data Value, the Customer will be billed at an out of bundle rate of R1.00 (one Rand) per megabyte or in terms of any MTN Internet bundle loaded (if any).

7.2 Any unused inclusive Applicable Data Value will expire at the end of the Month-a-versary. There is no carry-over of unused inclusive Applicable Data Value.

8. Add-On Bundles and Depletion Rules

8.1 In the event that the Customer has depleted/reached the Customer’s inclusive Applicable Data Value, Customers may load any of MTN’s Internet bundles to use until the next Month-a-versary.

8.2 Customer’s data usage shall deplete in the following order:

8.2.1 promotional data value (if any) / BlackBerry® BIS / BlackBerry® Tiered Services;

8.2.2 inclusive Applicable Data Value;

8.2.3 other MTN Internet bundles.

8.3 If Customers have existing MTN Internet bundles or load other MTN Internet bundles, the lowest/best out of bundle rate relevant to the last activated once-off Internet bundle, valid recurring Internet bundle or price plan out of bundle rate will apply.

9. Cancellation of the MTN One Time Internet Bundles

Customers are unable to cancel a once-off MTN One Time Internet Bundle.

10. Migration

Customers who migrate between MTN price plans during the Validity Period of the MTN One Time Internet Bundle shall retain the existing data value on their Bundle and shall continue to receive any remaining Bundle value until the expiry of the Validity Period.

11. Data Roaming

11.1 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 Bundle.

11.2 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.

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 further out-of-bundle usage in accordance with existing loyalty rules. That is, 1 (one) point for every R1.00 (one Rand) spent.

12.2 Customers shall earn MTN 1-4-1 Loyalty Points on the subscription cost of the Bundles.

12.3 Customers will not earn MTN 1-4-1 Loyalty Points on the use of the inclusive Applicable Data Value.

12.4 The MTN One Time Internet Bundles are not available for purchase through the MTN 1-4-1 Loyalty Points catalogue.

13. Mobile Number Portability (“MNP”)

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 your 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.za for further information.

14. Connection of SIM card

MTN reserves the right to change the period within which customers are required to connect the SIM card to the MTN network from time to time, at MTN’s sole discretion. MTN Access4Life rules and MTN Number4Life rules apply to all MTN services. See www.mtn.co.za.

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 One Time Internet Bundle performing a SIM swap shall retain the value associated with their Bundle.

16. 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.

17. Modification of Terms and Conditions

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

17.2 MTN may, in its sole and absolute discretion amends the rates, including but not limited to the out-of-bundle rates noted in the table above.

17.3 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.

17.4 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.

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

17.6 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.

18. Limitation of Liability

18.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 18.2 and 18.3 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):-

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

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

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

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

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

18.2 Clause 18.1 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.

18.3 Clause 18.1 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 18.1 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 18.1 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.

19. MTN Access4Life Extender

19.1 If you wish to go out of the Republic of South Africa and 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.

19.2 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.

19.3 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.

19.4 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.

20. General

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

20.2 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.

20.3 You will be solely responsible for all products and services relating to your use of the Bundles. Accordingly, MTN takes no responsibility for any loss or damage suffered by your use of the Bundles. 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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