B. To the extent that the Terms or any goods or services provided under the Terms are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms is intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms 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. The Online Shop Website
1.1. This website https://shop.mtn.co.za (the “Online Shop Website”) is owned and operated by Mobile Telephone Networks (Proprietary) Limited, Registration Number 1993/001436/07 (“MTN”), a company duly registered according to the laws of the Republic of South Africa.
1.3.3. OBF Policy;
2. Definitions and Interpretation
2.1. Unless otherwise specified or unless the context clearly indicates otherwise, the following terms shall have the following meanings ascribed to them:
2.1.1. “Business Day” means any day of the week other than Saturday, Sunday or public holiday in the Republic of South Africa;
2.1.2. “Calendar Day” means any day of the week, including Saturday, Sunday or public holiday in the Republic of South Africa;
2.1.3. “Direct Marketing” means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of (a) promoting or offering to supply, in the ordinary course of business, any goods or services to the person; or (b) requesting the person to make a donation of any kind for any reason;
2.1.4. “Intellectual Property" means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by MTN on or in connection with this Online Shop Website;
2.1.5. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by MTN in connection with this Online Shop Website, as well as, all available information regarding marketing and promotion of the Products and services described in this Online Shop Website, as well as all and any modifications or improvements to any of them;
2.1.6. “MTN” means Mobile Telephone Networks (Proprietary) Limited, Registration Number 1993/001436/07, its affiliates and their subsidiaries. Any reference to MTN will include the employees, officers, advisers, service providers, suppliers and content providers of MTN;
2.1.7. “OBF” means Out of Box Failure, which refers to a faulty device due to no fault of the customer, in accordance with MTN’s OBF Policy;
2.1.8. “Products” means post paid, pre paid, hybrid and/or top-up price plans and products, handsets and devices, accessories, content and virtual airtime products;
2.1.10. “Trade Marks” means those trade marks owned by companies within the MTN Group of Companies and any other trade marks, designs, logos, style names and slogans which MTN either owns or has the right to use or any derivative service offerings of, and applications for, any of same;
2.1.11. “Website Material” means the contents of this Online Shop Website, including without limitation, all and any information, data, documents, Intellectual Property, material, Products (including software) or services contained in, accessed through, or downloaded or obtained from this Online Shop Website.
2.2. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
2.2.3. A copy of ECTA can be viewed and downloaded at http://www.polity.org.za/article/electronic-communications-and-transactions-act-no-25-of-2002-2002-01-01;
3. Capacity to Contract
3.1. You hereby warrant to MTN that you have the required legal capacity to enter into and be bound by a contract, that is, you must be 18 (eighteen) years or older. If you are the age of 18 and over, you may browse and purchase Products from this Online Shop Website.
3.3. Minors may only browse on this Online Shop Website. Should you, as a minor, wish to purchase any Products from this Online Shop Website, your legal guardian must do so on your behalf.
5. Other Terms and Conditions
6. Login and Registration
6.1. MTN requires that all users register their details on this Online Shop Website in order to purchase any Products.
6.2. Online registration is free of charge.
6.3. MTN shall use all reasonable endeavours to protect your information submitted on this Online Shop Website.
6.5. You agree that:
6.5.1. you will keep your username and password safe, and will not share them with anyone;
6.5.2. you will not pass yourself off as someone else or create multiple, false accounts.
6.6. You acknowledge and accept that you are responsible for the correctness and accuracy of all information provided during the registration process.
6.7. You are responsible for keeping your registration information confidential and for any activity on your account. If you suspect a breach of this security you have to inform MTN, without delay and on receipt, MTN may reject any orders not yet executed and deactivate your access codes and account. MTN will not be responsible for any losses suffered by you due to the unauthorized use of your account.
6.8. Customers who wish to deregister their Online Shop Website account are required to contact the MTN Online Shop call centre.
7. Website Material - Scope of Permitted Use
7.2. You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Online Shop Website. This Online Shop Website is owned entirely, including but not limited to, all Intellectual Property rights, by MTN. All rights reserved. You must get MTN's prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any Website Material, whether electronically or otherwise. Unless the relevant additional terms and conditions provide otherwise, requests for approval must be submitted to firstname.lastname@example.org. MTN is entitled, in its sole discretion, to withhold or grant consent and may also impose any conditions on any consent which is granted.
7.4. You may not link to any page on this Online Shop Website or frame this Online Shop Website or any of the pages on this Online Shop Website in any way whatsoever without the prior written permission of MTN. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
7.6. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of this Online Shop Website.
8. Your Behaviour when using this Online Shop Website
8.1. You may not use this Online Shop Website to obtain or distribute:
8.1.1. hyperlinks and copyrighted Website Material or Website Material protected by laws relating to Intellectual Property rights without the permission of MTN;
188.8.131.52. MTN cannot screen or edit all the content available from the Online Shop Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform MTN of any content that may be offensive or illegal.
184.108.40.206. Hyperlinks provided on this Online Shop Website to non-MTN sites are provided on an “as is” basis and MTN does not necessarily agree with, edit or sponsor the content on such web pages.
8.1.2. material which is defamatory, unlawful or contains hate speech; or
8.1.3. bulk e-mail, whether solicited or unsolicited.
8.2. You must not interfere with or jeopardise the functionality or the operation of any part of this Online Shop Website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Online Shop Website or of the Website Material.
8.3. You are strictly prohibited from using this Online Shop Website for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.
8.4. You may not intercept any information transmitted to or from MTN or this Online Shop Website which is not intended by MTN to be received by you.
9. Disclaimer and Limitation of Liability on this Online Shop Website
9.1. Your use of this Online Shop Website and reliance on any Products or services available on this Online Shop Website offer is entirely at your own risk. This Online Shop Website, including all Products, is provided “as is” and MTN will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this Online Shop Website for any reason whatsoever.
9.2. MTN does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through this Online Shop Website. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. MTN reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Online Shop Website and the Products listed herein.
9.3. Calculations provided on this Online Shop Website are for indicative values only and MTN shall not be responsible or liable for any inaccuracies or miscalculations arising out of defects or incorrect use.
9.4. Subject to the provisions of ECTA and to the fullest extent permissible by law, MTN disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this Online Shop Website.
9.5. Whilst MTN takes reasonable precautions in its operation of the Online Shop Website, neither MTN nor its agents or representatives will assume any responsibility and neither MTN nor its agents or representatives (in whose favour this constitutes a stipulatio alteri) shall be liable for any damages to or for viruses that may infect your computer equipment or other property on account of your access to, use of or browsing of this Online Shop Website or your downloading of any materials, data, text images, video or audio from this Online Shop Website. Any material downloaded or otherwise obtained through the use of this Online Shop Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
9.6. You agree that under no circumstances whatsoever, including as a result of MTN’s negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law MTN may be liable, shall MTN or its servants, agents or contractors or other persons for whom in law MTN may be liable (in whose favour this constitutes a stipulatio alteri) be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the Online Shop Website or the Website Material.
10. Warranties and Indemnities
11. Governing Law
12. Whole Agreement
14.1. In the event that any claim, matter or dispute arises between you and MTN arising out of or in connection with your use of any banking services or products that is not governed by the Code of Conduct, then such claim, matter or dispute must be referred to the Customer Services Department of the relevant MTN company (see About MTN Group of Companies). Should the Customer Services Department fail to resolve same within 5 (five) Business Days of the referral then the claim, matter or dispute may be finally resolved in accordance with the provisions of clause 14.2.
14.4. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or (in the case of MTN) to collect any outstanding debts due and payable by you to MTN.
14.5. In addition to all remedies you may have in law, including in terms of the Consumer Protection Act, you will be entitled to refer any dispute between you and MTN relating to the availability of the network services, to any Telecommunications Representative who may be appointed by the Independent Communications Authority of South Africa (“ICASA”)
15. Address for delivery of notices
15.1.1. Postal Address:
Private Bag 9955
Republic of South Africa
15.1.2. Physical Address:
216 - 14th Avenue
Republic of South Africa
15.1.3. current fax no: 011-912-3001
15.1.4. All notices to MTN must be marked for the attention of MTN Commercial Legal Department. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to MTN’s above postal address and also either delivered by hand to MTN’s above physical address or sent to MTN’s above fax number.
15.1.5. Notices given to the above addresses will only be deemed to have been duly given:
220.127.116.11. 15 (fifteen) Business Days after posting, if posted by registered post to MTN's postal address;
18.104.22.168. 3 (three) Business Days after delivery, if delivered by hand to MTN's physical address;
22.214.171.124. 3 (three) Business Days after confirmed successful transmission, if sent to MTN's fax number.
16. Removal of Access
MTN may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, product, service or information contained on this Online Shop Website at any time with prior notice to you. MTN may also impose limits on certain features and services or restrict your access to any or all of the website or Website Material without notice or liability.
17. Using Third Party Services and Visiting Third Party Site
17.1. MTN employs other companies and/or individuals to perform functions on its behalf. Examples include receiving payments, fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing market assistance, providing search results and links (including paid listings and links), processing credit card payment, and providing customer service. These third parties have access to personal information required to perform their functions, but may not use it for any other purposes that have not been clearly defined by MTN. By using this Online Shop Website, you consent to MTN providing your personal information to these third party companies and/or individuals, in order to enable your use of this Online Shop Website.
17.2. When you interact with third party services available through MTN, MTN is not responsible for any actions or policies of such third parties and you should check all applicable policies of such party when providing personal information to them.
18. Business Transfers
18.1. As MTN continues to develop its business, it might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing policies (unless the customer consents otherwise). Also, in the unlikely event that MTN sells its assets, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
19. Intellectual Property Rights
All the content, trademarks and data on this Online Shop Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to MTN and as such are protected from infringement by local and international legislation and treaties.
20. Electronic Communications
You consent to receiving communications from MTN electronically and agree that all such agreements, notices, disclosures and other communications sent by MTN satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.
21.2. MTN will provide you with a process to opt-out of the Direct Marketing and promotional offers.
22. Functionality and Design
MTN does not warrant that the functions contained in this Online Shop Website or the Website Material will meet your requirements; be uninterrupted, timely, secure or error free; or operate in every combination selected by you for use; that any defects or errors will be corrected; or that this Online Shop Website or the server that makes them available is free of viruses or other harmful components. MTN does not warrant that this Online Shop Website will provide specific results from use of this Online Shop Website or any Website Material, search or link within them or that the results that may be obtained from the use of this Online Shop Website will be accurate or reliable.