Terms & Conditions

View the latest Terms and Conditions below:

 

PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEN

AMENDED AS OF 11 NOVEMBER 2013. THE PROVISIONS OF CLAUSE 13.2.1 HAVE BEEN

AMENDED AND CLAUSES A, B, 14 AND 15 HAVE BEEN INSERTED.

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 (Pty) Ltd

("MTN") will have towards you and other persons. These Terms and

Conditions also limit and exclude your rights and remedies against MTN and

place various risks, liabilities, obligations and legal responsibilities on

you. These Terms and Conditions may result in you being responsible for paying

additional costs and amounts and MTN may also have claims and other rights

against you.

B.To the extent that the Terms and Conditions or any goods

or services provided under the Terms and Conditions are governed by the

Consumer Protection Act, 2008 (the "Consumer Protection Act"), no

provision of the Terms are intended to contravene the applicable provisions of

the Consumer Protection Act, and therefore all provisions of the Terms and

Conditions must be treated as being qualified, to the extent necessary, to

ensure that the applicable provisions of the Consumer Protection Act are

complied with.

1.Standard MTN terms and conditions apply to this service:

see www.mtn.co.za. You accept that your use of this service is subject to all

the current terms and conditions as contained on that website.

2.myMTNza Features

  Allows MTN users to

check their airtime, internet and SMS bundle balances;

Viewing of MTN Zone discounts; and

Loading of airtime vouchers and purchases of internet and

SMS bundles.

 Please note that all

features might not be available on all mobile operating systems.

3MTN shall not be held responsible for any injury, loss,

expense or damage of any kind whatsoever, howsoever arising suffered or

incurred by any person who accesses, downloads or uses this myMTNza

Self-Service Application (the "User") or uses any services offered

via this software/application, or .mobi website or relies on any information

provided via this application or .mobi website, including but not limited to:

3.1errors or discrepancies in the information provided;

3.2any unauthorised access of this software/application or website

by third parties;

3.3any breakdown or failure of any equipment or medium of

access to this application or website;

3.4any failure or unavailability of any of MTN's or any

third parties' facilities or systems resulting in the inability to access this

software/Application, .mobi or website or process any transaction referred to

or offered via this application .mobi or website;

3.5the destruction or accessing of the User's data or

equipment;

3.6any alteration, modification, upgrade or update of this

software/application or .mobi website or any technology, hardware or

software/application modification that may form part of this application, or

.mobi website.

4.The User hereby indemnifies MTN against any demand, claim

or action against MTN relating to or in connection with the User's use or

accessing of this software/application or website whether directly or

indirectly for any reason whatsoever.

5.MTN reserves the right in its absolute discretion to

alter, modify, upgrade, update, suspend or withdraw this software/application

or .mobi website or any part hereof at any time.

6.Unless expressly stated to the contrary MTN owns the

intellectual property rights in and to this software/application or website and

the unauthorised use thereof is expressly prohibited.

7.When running the application for the first time, the User

might experience a few actions to determine what type of connection they have

present and to authorize their use of the application. If a User has been

detected using a Wi-Fi connection, they would be requested to enter the MTN

number they wish to log in with. Even if a User has their data and Wi-Fi

connection active, the application will choose to use the Wi-Fi connection as

this is the default connection type. So if a User does not know their MTN data

SIM number and wish to log in with that, they should turn off their Wi-Fi

connection and load the application again. It will then detect the data

connection as primary connection – and then the User will be automatically

logged in with their current MTN data connection. If the User is using another

networks’ SIM card, they will unfortunately not be able to log into the

application. Note that this will send an authentication notice to the device

that has the number entered in the login screen. So if the User’s mobile phone

number has been entered in the box, they will get a notice on that number to

authenticate the login on their number (so this can be another mobile handset

or the tablet device you are trying to login). MTN will not be responsible and

cautions the User that there may be a discrepancy in any amounts shown via this

software, modem or website, and the bill issued to the User at the end of the

particular billing month. The amount shown on the bill issued by MTN to the

User will be the amount owing by the User to MTN.

8.If Accept is chosen on the requested device, MTN will

proceed with the login and show the balances and all other account info to the

User. There are 4 (four) types of Users who can access this application and

each application will have different options. The four types of MTN Users are:

8.1MTN PayAsYouGo

 This application is

tailored for them and they will be able to perform all possible actions on the

application.

8.2MTN TopUp

 They will be able to

use most of the functions, but the purchasing of recurring bundles is not

available to them (they are not shown this option).

8.3MTN Contract Users with a Self Service Purchase limit

loaded by their Service Provider

 If a Contract User

has a Self Service Purchase limit enabled, they will be able to buy Internet

bundles.

8.4Contract Users without a Self Service Purchase limit

 If a Contract User

does not have their Self Service Purchase limit enabled, information on how

this can be set up will be displayed to them. They will be able to see all the

Internet bundles, but won’t be able to purchase any of them.

9.MTN does not guarantee continuous real-time provisioning

of the software/application or .mobi website or any other systems and shall not

be held responsible for any injury, loss, expense or damage of any kind

whatsoever suffered or incurred by the User due to such lack of real-time

provisioning.

10.The User agrees that MTN shall not be held responsible

for any injury, loss, expense or damage of any kind whatsoever suffered or

incurred by the User due to the delay of data being sent and received or any

data that may be lost, as the User is aware that the prevailing data transfer

technologies are of such a nature that data may be delayed or lost due to

reasons beyond the control of MTN. Causes of such delay may include but not

necessarily be limited to:

10.1the time of day the User will be receiving or sending

such data;

10.2the speed at which the data is sent or received;

10.3the weather and area;

10.4the type of device/s used to transfer such data; or

10.5the amount of Users on a particular network at a

location at any particular time.

11.Each screen is equipped with a "Help" function,

which will show the User how to use the functions available on that screen.

This is tailored for the type of Users as well Icon is only for advisory or

guidance purposes, and MTN shall not be responsible for any actions of the User

after accessing such information or advice.

12.Use of this software/application is 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

software/application or these Terms and Conditions, or cancel this software/application

upon notice in this regard being published on www.mtn.co.za or in another

appropriate medium.

13.MTN reserves the right to vary or amend any pricing or

charges relating to this software/application.

13.1Disclaimer

MTN will in no event be liable for lost or interrupted data,

messages, packets, or other information transmitted to or from third party

networks, if the loss or interruption takes outside of the MTN Network.

13.2Pricing

13.2.1  myMTNza App:

•MTN Users will be able to download the myMTNza

software/application from the Apple iOS App store, Android Users from the

Google Play Application store and Nokia users from Nokia Ovi store standard

data rates apply when downloading.

•Feature phones and Smartphone Users will also be able to

access the .mobi site using the following URL http://mymtnza.mtn.co.za and

http://mymtnza.mtn.mobi.

•Data charges may apply (on an average of R0,02 (two cents)

per session) when using the myMTNza app. Links within the app will also be

charged for.

•All charges / free of charge usage specified, is for local

use with in South Africa on MTN network.

•For roaming subscribers roaming data charges will apply.

14.MTNZone Widget (For Android handsets)

•MTNZone Widget is free but download data costs may apply

when downloading myMTNza from Google Play Store.

•The MTNZone Widget and myMTNza app will work only on

Android devices with 3.7’’ screen size and running Android 2.2 version or

higher.

•MTNZone Widget uses data to refresh the discount values

displayed. This data usage is free of charge while used inside South Africa in

MTN network.

•Roaming data rates will apply when used from outside South

Africa

•MTNZone Widget displays MTNZone discounts for local voice

and SMS.

•For MTNZone, product specific rules refer to the existing

terms and conditions on MTN website

https://shop.mtn.co.za/crs/siteInformation/staticPage.jsp?breadcrumb=TermsAndConditions&siteInformation=Zone

•All charges / free of charge usage specified, is for local

use with in South Africa on MTN network.

•For roaming subscribers roaming data charges will apply.

15.General

15.1All Customers indemnify 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.

15.2MTN reserves the right, at any time, to change these

Terms and Conditions and any rules relating to its products and services, and

to modify its products and services at its discretion.

15.3MTN 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.

15.4MTN reserves the right from time to time to vary the

charges of these services as may be deemed necessary in its discretion.

15.5See 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.

16.Licenses

16.1myMTNza .Mobi Site Open Source Solutions

16.1.1The myMTNza .mobi site makes use of the following open source solutions;

•Apache2;

•NginX;

•PHP;

•MySQL;

•Zabbix;

•ReviveAds;

•Piwik; and

•Git.

16.2myMTNza .Mobi Site Licenses

16.2.1Respective licenses for the open source solutions utilized by the myMTNza .mobi site are as follows;

•MIT: http://en.wikipedia.org/wiki/MIT_License

•GPL licenses: http://en.wikipedia.org/wiki/GNU_General_Public_License

•BSD-3-Clause: http://en.wikipedia.org/wiki/BSD_licenses

•LGPL-2.1: http://en.wikipedia.org/wiki/GNU_Lesser_General_Public_License

•PHP License: http://php.net/license/3_01.txt

•Symfony License: https://github.com/symfony/symfony/blob/2.5/LICENSE

•Rabbit MQ License: https://www.rabbitmq.com/mpl.html

•JQuery License: https://jquery.org/license/

16.3myMTNza App Open Source Solutions

16.3.1The myMTNza App makes use of the following open source solutions;

•The Android Open Source Project;

•jQuery;

•Swipe 2.0;

•AngularJS v1.2.20; and

•Highcharts JS v4.0.4.

16.4myMTNza App Licenses

16.4.1Respective licenses for the open source solutions utilized by the myMTNza App are as follows;

•Apache License, Version 2.0: https://www.apache.org/licenses/LICENSE-2.0.html

•MIT: http://en.wikipedia.org/wiki/MIT_License