DISCLAIMER
1. MTN shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any person who accesses or uses this website ("the User") as a result of the User accessing this website, utilising any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
1.1. errors or discrepancies in the information provided
1.2. any unauthorised access of this website by third parties
1.3. any breakdown or failure of any equipment or medium of access to this website
1.4. any failure or unavailability of any of MTN’s or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website
1.5. the destruction or accessing of the User’s data or equipment
1.6. any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.
2. 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 website whether directly or indirectly for any reason whatsoever.
3. MTN reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
4. Unless expressly stated to the contrary MTN owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.
TERMS OF USE
ACCEPTANCE OF TERMS OF USE – WARRANTY OF CAPACITY TO CONTRACT
Use of this website is entirely at your own risk.
This website (www.mtncycling.co.za) is made available to you by Mobile Telephone Networks (Proprietary) Limited (“MTN”) conditional upon your acceptance, without modification, of these Terms of Use as amended from time to time.
The terms and conditions set out below apply to every person who uses, accesses, refers to or views this website (“you” or “your”). Your access to and use of this website constitutes your agreement to and acceptance of these Terms of Use.
You hereby warrant to MTN that you have the required legal capacity to enter into and be bound by a contract. Minors must be assisted by their legal guardians when reading these terms and conditions. If you are unsure whether you have the legal capacity to enter into contracts, please ask someone to assist you with this information before continuing to use this website. If you do not agree with any provision contained in these Terms of Use, please stop using or accessing this website immediately.
MODIFICATION OF TERMS OF USE
MTN reserves the right, in its sole discretion, to amend (including without limitation, by the addition of new terms and conditions) these Terms of Use at any time and from time to time without notice to you. Any such amendments shall come into effect immediately and automatically. You undertake to review these Terms of Use regularly prior to use of this website for any such amendments.
DEFINITIONS
3.1. The following terms shall have the corresponding meanings assigned to them:
3.1.1. “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 website.
3.1.2. “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 website, as well as, all available information regarding marketing and promotion of the products and services described in this website, as well as all and any modifications or improvements to any of them.
3.1.3. “MTN” means Mobile Telephone Networks (Proprietary) Limited, its affiliates, subsidiaries and their subsidiaries. (See About MTN - http://www.mtn.co.za/AboutMTN/Pages/default.aspx). Any reference to MTN will include the employees, officers, advisers, service providers, suppliers and content providers of MTN.
3.1.4. “Terms of Use” means these terms of use.
3.1.5. “Trade Marks” means those trade marks owned by MTN and any other trade marks, designs, logos, style names and slogans which MTN owns or has the right to use or any derivative service offerings of, and applications for, any of same.
3.1.6. “Website Material” means the contents of this 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 website.
INTERPRETATION
4.1. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
4.1.1. defined in these Terms of Use will bear the same meaning throughout these Terms of Use;
4.1.2. not defined in these Terms of Use but defined in ECTA will bear the same meaning given to them in ECTA.
4.2. A copy of ECTA can be viewed and downloaded here - http://www.info.gov.za/gazette/acts/2002/a25-02.pdf.
4.3. The headings used in these Terms of Use are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the whole or any part of these Terms of Use.
4.4. No term or provision contained in these Terms of Use is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 to any natural person who enters or intends entering into an electronic transaction with MTN on this website.
4.5. References to "writing" or notices "in writing" by MTN in these Terms of Use only includes writing on paper signed in ink by an authorised representative of MTN and specifically excludes any writing which may be in electronic form.
4.6. Any reference in these Terms of Use to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
OTHER TERMS AND CONDITIONS
Certain products and/or services offered on this website may be subject to additional terms and conditions as indicated on that part of the website and your use of those products and/or services will also be subject to those additional terms and conditions governing those relevant products and/or services. To the extent that those additional terms and conditions conflict with these Terms of Use, then those additional terms and conditions shall take precedence.
WEBSITE MATERIAL – SCOPE OF PERMITTED USE
6.1. Subject to the provisions of these Terms of Use, you may only download, view and print the Website Material restrictively for your own personal use and only for non-commercial purposes. This permission does not extend to the source code of this website or to the source code of any software or computer program that forms part of the Website Material.
6.2. 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 Website Material.
6.3. You may not use this website or the Website Material for any illegal or unlawful purposes or as prohibited by these Terms of Use.
6.4. You may not link to any page on this website or frame this website or any of the pages on this 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.
6.5. This website is Copyright © 2009 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 webmaster@mtncycling.co.za. MTN is entitled, in its sole discretion, to withhold or grant consent and may also impose any conditions on any consent which is granted.
6.6. To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Website Material may be expressly permitted by MTN (such permission to be interpreted in its most restrictive sense) you may do so, provided that all Trade Marks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original are retained and displayed without alteration or modification and not in any manner obscured or removed.
6.7. You may not print any part of the website or the Website Material, except where MTN expressly states that you may do so. When printing the website or the Website Material, you must ensure that the following copyright notice appears prominently on every page that is printed: Copyright © 2009 Mobile Telephone Networks (Pty) Limited. All rights reserved.
6.8. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by downloading that Website Material or by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Website Material where permitted to do so.
6.9. You may not transfer any rights or obligations in terms of these Terms of Use to any other person or entity.
6.10. 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 website.
YOUR BEHAVIOUR WHEN USING THIS WEBSITE
7.1. You may not use this website to obtain or distribute:
7.1.1. copyrighted material or material protected by laws relating to intellectual property rights without the permission of MTN;
7.1.2. material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
7.1.3. material which is defamatory, unlawful or contains hate speech; or
7.1.4. bulk e-mail, whether solicited or unsolicited.
7.2. You must not interfere with or jeopardise the functionality or the operation of any part of this 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 website or of the Website Material.
7.3. You are strictly prohibited from using this website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming".
7.4. You may not intercept any information transmitted to or from MTN or this website which is not intended by MTN to be received by you.
7.5. You must respect other users of this website at all times.
7.6. Any reference in these Terms of Use to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
INTELLECTUAL PROPERTY
8.1. This website is Copyright © 2009 Mobile Telephone Networks (Pty) Limited. All rights reserved.
8.2. The Intellectual Property is owned by MTN or used under license or with permission. Trade Marks displayed on this website are either trade marks owned by MTN or belong to their respective owners. You may not copy, reproduce, display or use any Intellectual Property in any manner whatsoever without MTN’s prior written permission and nothing contained on this website should be construed as granting any licence or right of use of any Intellectual Property.
8.3. Where any of the Website Material have been licensed to MTN or belong to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such terms and conditions.
9.1. SECURITY - USE OF PASSWORDS:
9.1.1. You may choose or be allocated a password in order to enable you to gain access to certain parts of this website or the Website Material ("your Password"). MTN may, in its sole discretion, at any time and for any reason revoke your Password and consequently your access to certain parts of this website or the Website Material.
9.1.2. You must keep your Password secret and confidential. You must immediately notify MTN in writing if the secrecy or confidentiality of your Password is compromised or if your Password is disclosed to any unauthorised person. This website's administrator may be contacted at webmaster@mtn.co.za.
9.1.3. You must only use your Password in order to use this website for the permitted use.
9.1.4. MTN may, in its sole discretion, at any time and for any reason change your Password or require you to change your password. You will be notified of any changes made or required to your Password on this website.
9.1.5. You will be responsible and wholly liable for any use or misuse of your Password. Any actions or omissions committed through the use of your Password will be considered to have been committed by you. You specifically indemnify MTN for any claim, liability, damage or loss arising as a result of the use or misuse of your Password.
9.2. COOLING OFF PERIOD:
9.2.1. In terms of Section 42 of ECTA, all goods available via this website are exempt from Section 44 (i.e. there is no cooling off period) as they are goods that by reason of their nature cannot be returned and services that have begun with your consent before the end of the seven-day cooling off period referred to in section 44(1).
9.3. REFUND And EXCHANGE POLICY:
9.3.1. Please note that MTN does not provide any refund or exchange policy in respect of any purchase of content via this website as the goods and services are of a highly personal nature and are not capable of being returned by you.
9.4. GUARANTEES And WARRANTIES:
9.4.1. Please note that due to the nature of the goods and services provided via this website, MTN does not provide any guarantee or warranty in respect of the goods or services purchased via this website.
9.5. DELIVERY:
9.5.1. Once you have completed your transaction on this website, you will be advised as to how and when your purchase/s will be delivered.
9.6. DURATIONOF AGREEMENT:
The duration of the agreement you enter into in respect of a transaction via this website will depend on the nature of the goods or services that you have purchased in a particular transaction:
9.6.1. If you have purchased a once-off purchase, the transaction is concluded when the content is delivered to you.
9.6.2. If you have purchased a subscription, the duration of the subscription agreement will depend on the duration stated in the description of that subscription content.
9.7. USE OF PERSONAL INFORMATION:
For details regarding the use of your personal information, please see MTN’s Privacy Policy - http://www.mtn.co.za/Support/Legal/Pages/PrivacyPolicy.aspx.
CHANGES TO THE WEBSITE And 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 website at any time without any 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.
DISCLAIMERS And LIMITATIONS OF LIABILITY
11.1. Your use of this website and reliance on any Website Material or services available on this website is entirely at your own risk. This website, including all Website Material, is provided “as is” and MTN will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this website or the Website Material for any reason whatsoever.
11.2. 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 website or the Website Material. 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 website and the Website Material.
11.3. Information, ideas and opinions expressed on this website and in the Website Material should not be regarded as professional advice or the official opinion of MTN and you are strongly advised to seek professional advice before taking any course of action related to them. More specifically, certain information such as share price data, interest rates and exchange rates constitute guidelines only and the provision of this data may be delayed by a period of time. Accordingly, you are strongly avised to consult MTN or your professional adviser before trading or acting on such information. Calculators supplied on this 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.
11.4. Subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002 (“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 website and the Website Material. MTN does not warrant that the functions contained in this website or the Website Material will meet your requirements; will be uninterrupted, timely, secure or error free; will meet your requirements or operate in every combination selected by you for use; that any defects or errors will be corrected; or that this website or the Website Material or the server that makes them available is free of viruses or other harmful components. MTN does not warrant that this website or the Website Material will provide specific results from use of this website or the Website Material or any content, search or link within them or that the results that may be obtained from the use of this website will be accurate or reliable.
11.5. Whilst MTN takes reasonable precautions in its operation of the 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 website or the Website Material or your downloading of any materials, data, text images, video or audio from this website or the Website Material. Any material downloaded or otherwise obtained through the use of this website or the Website Material 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.
11.6. 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 website or the Website Material.
INDEMNITY
You hereby indemnify MTN and its officers, directors, employees, servants, agents or contractors or other persons for whom in law MTN may be liable (in whose favour this constitutes a stipulatio alteri) from any loss, damage, damages, liability, claim or demand due to or arising out of your use of this website or the Website Material or your breach of these Terms of Use.
LINKS
Links to and from this website to other websites belonging to or operated by third parties do not constitute an endorsement by MTN of such linked websites or their contents nor do they constitute any association by MTN with their owners or operators. MTN has no control over such linked websites and is not responsible or liable for any content, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such linked websites. You agree that where you access linked websites, you do so entirely at your own risk.
DEALINGS WITH THIRD PARTIES
Your interaction, correspondence or business dealings with third parties which are referred to or linked to or from this website entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party. You agree that MTN shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third parties.
FEES AND CHARGES
Your acquisition of products and/or use of services offered on this website may be subject to fees and charges (which fees and charges are incorporated into these Terms of Use by way of reference) and you authorise MTN to charge such fees and charges to you.
VARIATION OF CERTAIN DEEMING PROVISIONS IN ECTA
16.1. By using this website, you agree that these Terms of Use create a binding agreement between MTN and you, even though these Terms of Use are wholly or partly in the form of a data message. You agree specifically that:
16.1.1. the agreement will be treated as if it was concluded at MTN's physical address detailed in clause 19.1 below on the date on which you first made any use of this website;
16.1.2. an electronic signature is not required by you or MTN for purposes of agreeing to these Terms of Use. You agree that by using this website or the Website Material this will be sufficient evidence of your agreement to these Terms of Use;
16.1.3. any data message sent by you to MTN will be deemed to have been sent from MTN’s physical address detailed in clause 19.1 below if neither your usual place of business nor residence is located within the Republic of South Africa;
16.1.4. any data message sent by MTN to you will be deemed to have been received by you at MTN's physical address detailed in clause 19.1 below if neither your usual place of business nor residence is located within the Republic of South Africa;
16.1.5. a data message sent by you to MTN will only be treated as having been received by MTN when an acknowledgement of receipt is sent by an individual who had authority to act on behalf of MTN in respect of that data message; and
16.1.6. this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa.
DISPUTES
17.1. 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). 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 17.2.
17.2. In the event that any claim, matter or dispute arises between you and MTN arising out of or in connection with your use of this website, the Website Material or these Terms of Use on any matter that does not fall within the ambit of clause 17.1 and is not governed by the Code of Conduct then the claim, matter or dispute may be finally resolved in accordance with the Commercial Rules of the Arbitration Foundation of South Africa by an arbitrator or arbitrators appointed by that foundation. The arbitration shall be held at Johannesburg in the English language and shall be held immediately with a view to be completed within 21 (twenty one) days after it is demanded. You agree that the decision of the arbitrator in the arbitration proceedings shall be final and binding on you and may be made an order of court.
17.3. MTN reserves the right to deal with the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms of Use. You agree that MTN is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms of Use or your use of the website or of the Website Material, in any Magistrates' Court in the Republic of South Africa having jurisdiction over you, even though the cause of action in question exceeds the jurisdiction of that court.
17.4. 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.
GOVERNING LAW
This website is hosted, controlled and operated from the Republic of South Africa. The parties agree that these Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. To the extent that a court has jurisdiction over any matter between the parties arising out of or in connection with these Terms of Use, the parties submit themselves to the exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand).
LEGAL SERVICE OF DOCUMENTS AND NOTICES
19.1. MTN chooses the below addresses for service for all purposes under these Terms of Use, whether in respect of court process, notices or other documents or communications of whatsoever nature:
19.1.1. Postal Address:Private Bag 9955, Cresta, 2118, Republic of South Africa
19.1.2. Physical Address:216 - 14th Avenue, Fairland, Roodepoort, 2195, Republic of South Africa
19.1.3. current fax no: 011-912-3001
19.1.4. 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.
19.1.5. Notices given to the above addresses will only be deemed to have been duly given:
19.1.5.1. 14 days after posting, if posted by registered post to MTN's postal address;
19.1.5.2. 3 days after delivery, if delivered by hand to MTN's physical address;
19.1.5.3. 3 days after confirmed successful transmission, if sent to MTN's fax number.
SEVERABILITY
Any provision in these Terms of Use which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of Terms of Use, without invalidating the remaining provisions of these Terms of Use.
PRIVACY POLICY AND SECURITY PROCEDURES
21.1. You acknowledge that you have read and understood MTN’s Privacy Policy and Payment Security Procedures, the terms of which are incorporated into these Terms of Use.
21.2. You agree that we shall be entitled to send "cookies" from this website to your computer. You acknowledge that a “cookie” is simply a message given by our website to your browser which is stored on your computer and contains information to personalise your experience on our website by being relayed to our server each time your browser requests a page from our website.
MONITORING OF COMMUNICATIONS
22.1. You expressly give your consent for us to monitor your internet and e-mail traffic on our various website servers and domains. You acknowledge that MTN monitors internet and e-mail traffic on these various website servers and domains primarily to ensure that surfers and consumers are not acting illegally, unlawfully or in breach of these Terms of Use and:
22.1.1. to maintain the integrity and security of our websites and our information technology systems;
22.1.2. to investigate and detect any unauthorised use of our websites and our information technology systems; and
22.1.3. as an inherent part of and to secure the effective operation of our websites and our information technology systems.
TERMINATION
If you breach any of these Terms of Use, MTN may immediately, automatically and without notice to you, terminate your use of and access to MTN’s website, and/or prohibit your future access to use of MTN’s website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of MTN’s rights in this regard are expressly reserved.
COSTS
Any costs, including legal costs on the attorney and own client scale and value-added tax, incurred by MTN arising out of your Use of this website or the Website Material, or a breach of these Terms of Use, will be borne by you.
WHOLE AGREEMENT
25.1. These Terms of Use constitute the whole agreement between you and MTN relating to your access to use of this website.
25.2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms of Use which MTN may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms of Use nor shall it constitute a waiver by MTN of any of MTN’s rights and MTN shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
Company details
MOBILE TELEPHONE NETWORKS (PROPRIETARY) LIMITED
Registered in Pretoria, Registration No. 1993/001436/07
Postal Address:Private Bag 9955, Cresta, 2118, Republic of South Africa
Physical Address:216 - 14th Avenue, Fairland, Roodepoort, 2195, Republic of South Africa Postal Address:Private Bag 9955, Cresta, 2118, Republic of South Africa
Tel: 011 912 3000
Fax: 011 912 3131
PRIVACY POLICY
1. Introduction
1.1. This website, which is accessible at www.mtn.co.za, is made available by Mobile Telephone Networks (Pty) Limited ("MTN").
1.2. MTN respects the privacy of your personal information. We have prepared this privacy policy to let you know how we will treat any personal information that may be provided to us. We will take all reasonable measures to protect your personal information and keep it confidential.
2. What is personal information?
In order to provide you with the services offered on this website, you may be required to provide MTN with personal information. Personal information is information which identifies you as an individual, including but not limited to, your race, age, contact details, any identifying number assigned to you and any information relating to transactions in which you have been involved.
3. What we collect
3.1. On some web pages of this website, you may be requested to provide certain personal information. The types of personal information collected at these pages may include your name, handset details, contact and billing information, and transaction information.
3.2. In order to tailor our subsequent communications to you and continuously improve our products and services, we may also ask you to provide us with information regarding your personal or professional interests, demographics, experience with our products and this website, and more detailed contact preferences.
4. How we use your personal information and how we may contact you
4.1. MTN uses your information to better understand your needs and to provide you with better service. Specifically, MTN will use your personal information to contact you in relation to the goods and services that MTN provides to you.
4.2. MTN reserves the right to perform statistical analyses of user behaviour in order to measure interest in and use the various areas of the website, so long as such statistical analyses will not be linked to any registered person by a third party.
4.3. Because we don't want you to miss out on any of the deals and promotions that we may have, and if it is agreeable to you when you register with us or at any other time, we may use your personal information to contact you for market research.
4.4. MTN may send you promotional materials or details by SMS, e-mail or post in order to update you and keep you advised of any promotions, news, competitions or developments which we think may be of interest to you. We will always give you the opportunity to unsubscribe to the receiving of such direct communications.
4.5. Further, notwithstanding any such preference not to receive promotional information by the user, MTN reserves the right to contact the user regarding account status, changes to the terms and conditions and other matters relevant to the underlying services and/or the information collected.
4.6. MTN may sometimes permit third parties to offer subscription and/or registration based services through an MTN site. MTN is not responsible for any actions or policies of such third parties and users should check the applicable privacy policy of such party when providing personally identifiable information to them.
5. Protection of personal information
5.1. If you register on this website, we will not make your personal information available to anyone unless permitted or required to do so by law. We will therefore not sell, rent or provide your personal information to unauthorised entities or third parties for their independent use without your consent. We may, however, share your personal information with our affiliates within the MTN Group of companies.
5.2. We value the information which you provide to us and will therefore take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. We will ask for your express permission before we use your personal information for any purpose not disclosed above.
6. Correction of personal information
6.1. MTN strives to keep your personal information accurate. We will provide you with access to your personal information and make every effort to provide you with access to your registration data so that you may view, update or correct your information. To protect your privacy, we will also take steps to verify your identity before granting you access to your personal information.
6.2. You may also update or correct your personal information held by MTN by contacting MTN via the account section on this website or on 083 1 808 or 011 912 3000.
7. MTN uses cookies. When you visit a MTN website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie. Cookies enable this website to recognise the information you have consented to give to this website, such as the Lightboxes you have created, and help us determine what portions of this website are most appropriate for your professional needs. As a result, cookies will allow you to retrieve previous image search results, access Lightboxes with ease, and view your previous invoices. We do NOT use cookies to examine your surfing behaviour before or after leaving a MTN website. Cookies do not damage your system and do not collect your personal information.
8. Changes to this privacy policy
MTN reserves the right to amend this privacy policy at any time by posting the amended policy on the website. Unless otherwise stated, the current version will apply each time you access this website.
9. Which laws apply
This privacy policy will be governed by the laws of South Africa. You consent to the jurisdiction of the South African courts for any dispute which may arise out of this privacy policy.
If you can purchase content items via the mtncycling website, you must have:
SECURITY POLICY
It is necessary to prevent unauthorised access to credit card numbers, prepaid numbers and other confidential information that is required by, or available from this service via the Internet. A secure link, which encrypts the data transmitted over the Internet with a key from an associated security certificate is used between the user's web browser and the MTN Service Provider on the web server. This server certificate provides assurance that the user is connected to the MTN secure website, and allows decryption of the data by this site only.
The 128-bit Secure Socket Layer (SSL) encryption certificate used for this service, was issued by the VeriSign Certification Authority (CA) after they verified the credentials of the MTN Service Provider secure website. The SSL protocol with this level of encryption is also used by all of the major banks in order to ensure the security of transactions conducted via the Internet.
To view details of the certificate double-click on the Lock or Key icon in the status-bar of the browser. To connect to the VeriSign website and view the credentials of our security certificate please click on the VeriSign Secure Site Seal on the right.
Please note that older browsers which does not support 128-bit encryption will use the lower 40-bit encryption instead.
Content
All content including games (‘Content’) is licensed to you by Mobile Telephone Networks (Pty) Ltd (‘MTN’, also ‘we’ and ‘us’) subject to the following terms and conditions. ‘You’ means the user of the services provided by MTN and includes any person who we reasonably believe is acting with your authority or knowledge, including but not limited to use of your mobile phone.
1. Applicability
1.1. By accessing or downloading the Content, an agreement between you and MTN incorporating these terms and conditions will come into force at such time (‘the Agreement’). We reserve the right to introduce amendments to the terms and conditions and/or the Content as we shall from time to time deem necessary. By accessing or downloading Content following any such modification you will be deemed to accept such modification. It is your responsibility to keep up to date with any changes in the terms and conditions.
1.2. The general terms and conditions of your subscriber agreement (including post-paid and prepaid) shall also apply when accessing the Content. In the event of any conflict, this Agreement will prevail in respect of the Content only.
1.3. This Agreement is governed by South African Law, and you agree to submit to the exclusive jurisdiction of the South African courts.
1.4. Nothing in this Agreement affects your statutory rights as a consumer.
2. Licence Grant
2.1. The Content and any copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) included in the Content is either owned by MTN or has been licensed to MTN by the rights owner(s).
2.2. You are only entitled to download Java Games once to your phone and store one copy of that Content in your phone's memory. You may make one copy of that Content for back-up purposes only.
2.3. All copies of Content remain the property either of MTN or the rights owner(s) from which the Content has been licensed.
2.4. MTN will not replace or refund any Content if such Content is deleted, damaged or otherwise removed from your mobile phone through no fault of ours.
2.5. You may only use the Content for private and personal purposes. You may not infringe the intellectual property rights of others. You must comply with all other reasonable instructions regarding use of the Content.
2.6. You may not, or attempt to, copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile (except to the extent expressly permitted by applicable law or as set out in this Agreement), or otherwise make available, any or all of the Content. You are expressly prohibited from forwarding Java Games (or any other Content that MTN may advise from time to time) to others.
2.7. You must be over 16 years of age, or else you must be able to demonstrate to MTN that you have obtained your parent's consent to access or download the Content. Additionally, you must obtain the permission of the person who pays for the mobile phone (including usage charges) before accessing and downloading the Content. This includes where your employer or parent pays for the mobile phone bill.
2.8. The user of any SMS based or delivered Content must have a mobile phone that is capable of sending and receiving text messages, and your Service Provider must allow access to the Content and receipt of messages from us.
2.9. If you are using Java based Content, you must ensure that your device is listed as a supported device (either on our website or on any material provided to you), you can receive SMS messages and the WAP gateway you use is correctly configured.
2.10. You must not use the Content other than in accordance with the acceptable use policies of any connected networks.
2.11. Any attempt to use the Content in an unauthorised way or in a way likely to cause offence will be in breach of this Agreement, and we may suspend your use of the Content. In addition, you may be liable to MTN for damages, costs and expenses incurred by MTN as a result of your breach of this Agreement.
2.12. You are responsible for ensuring that no unauthorised access is obtained to the Content through your mobile phone. You will be entirely liable for all activities conducted through your mobile phone whether authorised by you or not, until such time as you notify MTN of such unauthorised use and we have stopped access to the Content from your mobile phone.
2.13. You must tell MTN immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Content, and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing. If you fail to stop the act or acts complained of, we may suspend your use of the Content.
2.14. If we suspend your use of the Content for contravention of any part of this Agreement, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention.
2.15. Indemnity by you: You agree to indemnify us, our licensors and your Service Provider against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by MTN or our licensors, as a result of any claim by a third party resulting from your use of the Content (or use of the Content by anyone who accesses the Content using your phone) caused by your breach or non-observance of this Agreement. We shall notify you of any claim received, and you hereby provide MTN with full authority to defend, compromise or settle such claims and shall provide MTN and/or our licensors with all reasonable assistance necessary to defend such claims, at your sole expense.
3. Delivery of the Content
3.1. You acknowledge that access to and delivery of the Content and performance and message transmission response times are subject to the enabling technology on which the Content is based and may be adversely affected by network performance and other operational factors beyond our control, including, without limitation, congestion, network coverage, dropped connections and the performance of wireless enabled devices.
3.2. MTN is not responsible for any failure to deliver Content to you if your mobile phone is not switched on or is not configured correctly, your answer is not in the correct format, your mobile phone is not within coverage or for any other reason cannot be reached, you have a bar on text/WAP/Java services, you are a prepaid subscriber and you have run out of calling credit, your message mail box or phone memory is full or for any other reason which is out of our control or out of the control of any third party delivering the Content.
3.3. We may vary the Content or the technical specification of the Content from time to time.
3.4. We may withdraw or change the Content at any time for technical, commercial, public interest or operational reasons. In the event that we permanently withdraw the Content, this will be advertised with as much notice as possible prior to the withdrawal of the Content. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice.
4. Warranty
4.1. MTN warrants that the Content will be substantially free from defects and fit for use on your phone provided that such phone is listed on MTN's website as supporting such Content.
4.2. Except as specifically provided herein and to the fullest extent allowed by applicable law, MTN expressly disclaims all other warranties, conditions and other terms, whether express or implied, written or oral, with respect to the Content including any warranty, condition or term of merchantability, fitness for a particular purpose, or non-infringement. If the Content you have bought is defective, your remedy is to seek a refund for the cost of that defective Content from the retailer where you purchased the Content. Content will not be considered defective due to problems arising solely from your mobile phone or your WAP connection.
4.3. To the fullest extent allowed by applicable law, MTN and any of the other parties involved in the provision of the Content will not be liable for direct, indirect, special or consequential damages arising out of your use of or inability to use the Content including but not limited to damages for loss of use, profits, data or the cost of procurement of substitute goods or services, whether such damages arise in contract, negligence, delict or otherwise.
4.4. Nothing in this Agreement shall affect your statutory rights as a consumer or act to exclude or limit our liability for (i) death or personal injury caused by our negligence, (ii) fraud or (iii) any other liability which may not be excluded or limited by applicable law.
5. Help, Queries
Our contact address is 216 Fourteenth Ave, Fairlands, Johannesburg.
Alternatively, contact us by sending an e-mail to webmaster@mtncycling.co.za or visit www.mtn.co.za.
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