Terms & Conditions of FLASH Campaign
A. The following Terms and Conditions contain assumptions of risk and/or liability by Customers and limit and exclude liabilities, obligations, and legal responsibilities which Mobile Telephone Networks (Pty) Ltd, registration number 1993/001436/07 (“MTN”) (“the Network”) and FLASH Mobile Vending (Pty) Ltd, registration number 2010/000777/07 (“FLASH”) (referred to as the “Promoter/s“) will have towards Customers and other persons. These Terms and Conditions also limit and exclude Customers rights and remedies against the Promoter/s and place various risks, liabilities, obligations, and legal responsibilities on Customers. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and the Promoter/s may also have claims and other rights against Customers.
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 offer will constitute the Customers agreement to comply with these Terms and Conditions. If the Customers do not agree with these Terms and Conditions, please do not participate in this offer.
SECTION 49 CONSUMER PROTECTION ACT NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES 1, 2, 3, 4 and 5.
1. Terms and Conditions:
1.1 It is important that you understand and agree to these terms and conditions for you to participate in the MTN / FLASH 100MB bundle for R27 promotion (the “Promotional Campaign”).
1.2 The Promotional Campaign is open to all the Network and FLASH Consumers who purchase a valid MTN 100MB data bundle for R27.
1.3 Directors, members, partners, employees or agents of or consultants to the Promoter/s or their sponsorship agency, or spouses, life partners, parents, children, brothers, sisters, business partners or associates of such persons are able to purchase an MTN 100MB bundle from a FLASH terminal for R27.
1.4 The Promotional Campaign will run from 01 June 2018 to 31 December 2018 or until 1 300 000 (one million, three hundred thousand) MTN 100MB data bundles have been sold from FLASH terminals (the “Promotional Campaign Period”). The Promotional Campaign shall terminate upon the occurrence of either one of the events referred to above, whichever event occurs first, and thereafter no further discounted bundles will be permitted for sale.
1.5 You understand that all information (including these terms and conditions) relating to the Promotional Campaign published on any promotional or advertising material or on our website at any time before or during the Promotional Campaign Period will form part of the terms and conditions of entry. The Promoter/s also has the right to withdraw the Promotional Campaign before the final draw.
1.6 No responsibility can be accepted for entries not received for whatever reason.
2.1 The reward period for the Promotional Campaign will be the Promotional Campaign Period as referred to above in paragraph 1.4.
2.2 You understand that no reward may be exchanged for cash. The Promoter/s reserve the right to substitute, change or exchange any reward with another reward of similar commercial value without notice, in their sole discretion. You will not have a claim against the Promoter/s in this event.
2.3 It is important that you understand that all participants in the Promotional Campaign indemnify the Promoter/s, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential, or otherwise, arising from its participation in the Campaign.
2.4 The Promoter/s decision in respect of all matters to do with the Promotional Campaign will be final and no correspondence will be entered into.
3. How to participate in the Promotional Campaign:
3.1 To participate in the Promotional Campaign, you must:
3.1.1 Purchase a valid MTN 100MB data bundle from a FLASH terminal.
3.1.2 The Promotional Campaign is open to all the Network and FLASH Consumers who purchase a valid MTN 100MB data bundle from a FLASH terminal.
4.1 The Customers stands to receive a discounted MTN 100MB data bundle.
4.2 The discounted bundle is only available to the first 1 300 000 (one million, three hundred thousand) consumers, purchasing the MTN 100MB data bundle.
5. Draw Date:
5.1 No Draw Applicable in the Promotional Campaign.
6.1 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 Network.
6.2 The Network is obliged by law not to activate your SIM card on the Network if you have not complied with the RICA registration requirements.
6.3 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 the Network and request the SIM card to be suspended.
6.4 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 the Network, and the Network 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 network RICA officer to register them as a customer on the network. Once they have complied with RICA, and the RICA information is received by the Network, the Network will reactivate the SIM card.
6.5 If you change ownership to a third party, the Promotional Campaign is not transferable.
6.6 Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact your service provider for more information.
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 8.2 and 8.3 below, the Promoter/s will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect) if:
7.1.2 the Network does not supply or deliver any device or SIM card/s on the required date or time; or
7.1.2 the Network services are interrupted, suspended, or cancelled, for whatever reason; or
7.1.3 the Network does not suspend the provision of the Network services to you after you have specifically requested the Network to do so; or
7.1.4 the loss or damage was caused by any negligent act or failure to act by the Network, its employees or agents; or
7.1.5 as a result of the use of any device supplied to you by the Network relating to this service.
7.2 Clause 7.1 does not limit or exclude any warranties or obligations which are implied into the Promotional Campaign by the Consumer Protection Act (to the extent applicable) or which the Network 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.
8.1 The Promoter/s is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services.
8.2 You will be able to access services only when you are in the Republic of South Africa in an area covered by the Network.
8.3 You will be solely responsible for all products and services contained in the Promotional Campaign from delivery of the Promotional Campaign to you. Accordingly, the Promoter/s take no responsibility for any loss or damage of any of the contents of the Promotional Campaign including the SIM card, where applicable, or any Network internet bundle 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 the Network to suspend such SIM Card.
Where you have, during the application process, given your consent in store, you agree to:
A. the processing of your personal information (including your name, surname, identity document number, telephone number, transactional information and any other information which may be required in terms of the Financial Intelligence Centre Act, 2002, “FICA”) or any other law) (“Personal Information”) by the Promoter/s, their agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep your Personal Information confidential and will only use your Personal Information for the purposes of providing information about products and services to you and to comply with legal and regulatory obligations;
B. the collection of your Personal Information from any other source to supplement the information which the Promoter/s has about you;
C. the retention of your Personal Information indefinitely, unless you object, in which case we will retain such information only for as long as legally permitted;
D. the use of your Personal Information to send you information about products, services and special offers offered by the Promoter/s and its commercial partners that may be of interest to you;
E. the use of your information for purposes required in terms of law, including FICA; and
F. a credit enquiry being conducted about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct your account, to credit risk management services and/or crime prevention agencies.
The provision of your Personal Information in terms of these terms and conditions is voluntary.
Subject to applicable law, you may access the Personal Information we have about you by contacting our call centre on 084 193 5274 / 083 903 5274 and request that applicable corrections be made.
If you are unhappy about the way we process your Personal Information, you should contact our call centre on 084 193 5274 / 083 903 5274. Alternatively, you may lodge a complaint to the Information Regulator.
The responsible party is the Promoter/s.
If you choose to be excluded from direct marketing campaigns in the future from the Promoter/s, you must advise the Promoter/s by contacting us on 084 193 5274 / 083 903 5274 or you can advise us in writing or register a block on any registry which we are bound by law to recognise.