Terms

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 ("MTN") and Huawei Technologies (Proprietary) Limited ("Huawei") together referred to as the ("Promoters") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoters 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 the Promoters 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 offer 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 offer.

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

Clauses: 2.1, 3.1, 4.5, 5 and 6.

1. Introduction

1.1. MTN Gamer+ is a game store optimized for mobile de usage that is accessible via WAP and a mobile application (available on Android only) (the “Gamer+ Service”).

2. Duration

2.1. The Gamer+ Service is available from 10 October 2015.

3. Who is Eligible?

3.1. The Gamer+ Service is available to all MTN customers (the “MTN Customers”).

4. How does Gamer+ work?

4.1 Access / Browsing

4.1.1 Subscribers on any network can access the Gamer+ WAP site or download the Gamer+ Application and browse available games that are compatible with their handsets. Zero data rates will apply to the browsing.

4.1.2 A WAP enabled handset with a minimum screen size of 320x240 is required to access the Gamer+ WAP site. The Gamer+ Application is available on Android devices only.

4.1.3 MTN Customers who subscribe to the Gamer+ Service will not be charged for data used for searching, browsing and downloading from his/her Gamer+ data bundle.

4.2 Subscribing

4.2.1 Only MTN Customers can subscribe to be eligible for subscriber benefits.

4.2.2 MTN Customers can subscribe to a weekly or daily package.

4.2.3 MTN Customers may subscribe via the Gamer+ WAP site or the Gamer+ Application.

4.2.4 The subscription will be regarded as successful when the Customer is successfully billed.

4.2.5 On successfully subscribing, the Customer will be credited with the associated data package valid for the Gamer+ Service only.

4.2.6 The Customer will receive an SMS confirming successful subscription to the Gamer+ Service, the price, the billing interval and the next billing date

4.2.7 MTN Customers cannot be subscribed to more than one Gamer+ Service subscription package at a time.

4.2.8 MTN Customers can migrate to a higher package (ie daily subscribers can migrate to weekly packages )

4.2.9 MTN Customers can migrate to a lower package. This will be effective from the renewal date.

4.2.10 The migration will be effected on the expiry of the current subscription package.

4.3 Downloading Games

4.3.1 A subscription to the Gamer+ Service is not required to download free games. Subscribers on any network can download free games.

4.3.2 The cost to play and the trial period for games with free trial periods and/or free downloads are to be displayed at the point of download.

4.3.2 Only MTN Customers can download paid for games.

4.3.3 Subscribers to the Gamer+ Service will have access to additional free games.

4.3.4 Game downloads for subscribers to the Gamer+ Service will be at a discounted rate if the game is not for free.

4.3.5 Zero data used for downloading games and Customers data bundle, airtime won’t be charged while using Gamer+ Service.

4.4 In-App Purchases

4.4.1 Subscription to the Gamer+ Service is not required for in - app purchases.

4.4.2 Only MTN Customers can purchase virtual currency, or other in app features that are paid for.

4.4.3. In-app purchasers for Gamer+ subscribers will be at a discounted rate.

4.5 Billing and Cost

4.5.1 All billing done will deplete the Customers airtime wallet. The following pricing is applicable:

Package

Cost

Description

No subscription

R0.00

No free data

Download free games

Access to Paid games

In app purchase

1 Day Pack

R3.03

Subscription valid for 1 day

Gamer+ Subscriber benefits

Weekly

R6.00

Subscription valid for 7 days

Gamer+ Subscriber benefits

Per Game Download

R0 to R50.00

Pay per download

(This will be an additional payment)

In app purchase

R1.00 to R100.00

Variable based on items purchasable in the game

(This will be an additional payment)

Defined by Games Developer

4.5.2 Subscribers to the Gamer+ Service will be billed on a recurring subscription, based on the subscription plan selected.

4.5.3 Subscribers on weekly packages will receive notifications before the expiry of their packages informing them of the next billing date and of successful billing.

4.5.4 In the case of unsuccessful billings due to insufficient funds, Subscribers will enter a suspend period and will receive an SMS notifying the Subscriber of the same.

4.5.5 The suspend period for subscribers on daily or weekly subscriptions (7 day subscriptions) will be 3 days.

4.5.6 If at the end of the suspend period, the subscriber still cannot be billed, the subscription will be cancelled and the Customer will receive an SMS notification informing him of the cancellation.

4.5.7 MTN Customers can change their Gamer+ Service subscription plan at any time, but the new plan will be effective on the next renewal date.

4.6 Unsubscribing

4.6.1 Subscribers may unsubscribe by SMSing STOP to 0839301144.

4.6.2 Upon unsubscribing, the subscriber will receive subscriber benefits until the end of the subscription period

i.e. should a Customer on a weekly package, unsubscribe on day 5, they will be able to access the product for the remainder of the 7 days.

4.6.3 Upon unsubscribing, MTN Customers will receive an SMS confirming that they have been unsubscribed.

5. General

5.1. The Promoters are not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services or handset compatibility.

5.2. The Promoters, their respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of a persons participation of the Gamer+ Service and/or the terms and conditions of this Competition. Furthermore, you will be solely responsible for all products and services used by you. Accordingly, the Promoters takes no responsibility for any loss or damage, or any MTN airtime associated with the SIM card and/or cellphone number. In the event of theft or loss of your cellphone, airtime and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately. All persons using the Gamer+ Service hereby expressly indemnify the Promoters in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.

5.3. MTN reserves the right, at any time, to change these Terms and Conditions and any rules relating to its products and Gamer+ Services, and to modify its products and Gamer+ Services at its discretion.

5.4. MTN reserves the right at any time to modify, suspend or discontinue the Gamer+ Service, with notice, without liability to you or any third party. The Promoters will under no circumstance be liable to you for any error, delay, failure or non-availability of the Gamer+ Service, and you indemnify the Promoter 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 Gamer+ Service. Visit www.mtn.co.za regularly for notice, updates and/or changes to Gamer+ Services.

5.5. MTN reserves the right from time to time to vary the charges of these Gamer+ Services as may be deemed necessary in its discretion.

5.6. See www.mtn.co.za for product and Gamer+ 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.

5.7. MTN shall be entitled to terminate the Gamer+ Service of any Customer, if such Customer is involved in any fraudulent activity or suspected fraudulent activity.