1. Mobicel X4 2. Mobicel V1 3. Tecno A52S Lite 4. Tecno AC32 5
Total Page:16
File Type:pdf, Size:1020Kb
MTN 3G & 4G Device Deals Value Adds Terms and Conditions (“Terms and Conditions”) A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Proprietary) Limited (“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. It is your obligation to review these Terms and Conditions regularly. SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: 2, 3, 4, 5, 6, 7, 8 and 9 Clauses: 1. Introduction MTN Device deals and bundle Promotion is designed to encourage new PayAsYouGo customers to purchase specific devices from us (MTN) and get FREE Data and Social Bundle (the “Offering”). 2. Offer Period 2.1 Promotion valid from the 01/01/2019 – until discontinued by MTN or while stock lasts, applicable to all new MTN prepaid customers who purchase the following devices: 3G Devices - 1GB WhatsApp valid (20 days) for 3 months and 100MB Anytime data valid for 7 days for 6 months 1. Mobicel X4 2. Mobicel V1 3. Tecno A52S Lite 4. Tecno AC32 5. Hisense U605 6. Karbonn Tab 7” 7. Mobicel Fame 8. Hisense U962 2019 4G Devices -1GB WhatsApp valid (20 days) for 3 months and 200MB Anytime data valid for 7 days for 6 months 1. Mobicel Trendy 2. Mobicel Hype 3. Mobicel R4 LTE 4. Mobicel E6 5. Nokia 1 Plus 6. Nokia C2 7. Nokia 2.3 8. Nokia 3.2 9. Nokia 5.1 Plus 10. Hisense E8 11. Hisense E30 SE 12. Hisense E30 Lite 13. Hisense E30 14. Samsung A01 15. Samsung A10 16. Samsung Galaxy A10s 17. Samsung Galaxy Tab A 8” 18. Samsung Galaxy A30s 19. Samsung Galaxy A20 20. Samsung Galaxy A21 21. Huawei Y5 Lite 22. Huawei Y5 2019 23. Huawei Y6 2019 24. Huawei Y7 2019 MTN Prepaid customers who purchase these devices will be provisioned with the below value for 6 months: 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 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 PayAsYouGo/ Prepaid customers who purchase a new device on a “new” PayAsYouGo MTN SIM. (the “Customers”). 3.2 The Customers must successfully activate the cell phone number, 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”). RICA may be done at any selected MTN Store. 3.3. This Offering is at all times subject to the Terms and Conditions of the Customer's individual price plan. 4. Business Rules 4.1. The promotion is to be awarded when a customer takes/buys up a specific device model with a “new” MTN PayAsYouGo Sim. 4.2 Qualifying Customers will not be charged for the FREE additional Data ((Weekly - 250 MB WhatsApp bundle, Weekly 500MB YouTube, weekly 100MB bundle) when provisioned. 4.3 Qualifying Customers will receive the FREE additional Data and Social Bundles per month for 6 months from SIM activation: 3G devices will receive the below value: o 1GB WhatsApp valid 20 days - Every month for 3 months o 100MB Anytime data (valid for 7 days - Every month for 6 months 4G devices will receive the below value: o 1GB WhatsApp valid 20 days - Every month for 3 months o 200MB Anytime data (valid for 7 days - Every month for 6 months 4.4 This provisioning to customers will repeat in this matter, each month for 3 and 6 months respectively to the customer. 4.5 Voice and video calls are prohibited on the WhatsApp bundle. 4.6 This promotion is only available to “new” MTN PayAsYouGo/ Prepaid customers. 4.7 The FREE or promotional Data Bundles will all have a 7 day/weekly validity. The WhatsApp Social bundles will have a 20-day validity. 4.8 The customer can only receive the offer once per MSISDN (new MTN PayAsYouGo SIM). 4.9 The FREE promo inclusive data value will always deplete 1st before any purchased inclusive data value. Once the FREE inclusive data value has been depleted, customers will be charged an Out of Bundle Rate (Base Priceplan Data Rate) from their Airtime or it will deplete their data bundle (if one is loaded). 5 RICA 5.1 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. 5.2 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. 5.3 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. 5.4 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. 5.5 If you change ownership to a third party, the Promotional Offer is not transferable. 5.6 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.za for details. 6 Modification of Terms and Conditions 6.1. Participation in this Offering and any benefit awarded in terms of the Offering are subject to these terms and conditions. In so far as it is necessary, required by law or beyond the reasonable control of MTN, MTN reserves the right to vary the nature of the Offering or these terms and conditions, or cancel this Offering upon notice in this regard being published on www.mtn.co.za or in another appropriate medium. 6.2. MTN reserves the right at any time to modify, suspend or discontinue the Offering 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. 6.3. MTN reserves the right from time to time to vary the charges of the Offering 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. 6.5 The Customer indemnifies MTN and their directors, officers, employees and agents, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever in connection with this Offering. 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 the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or 7.1.2 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or 7.1.3 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or 7.1.4 as a result of the use of any device supplied to you by MTN relating to this service.