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 #email@example.com or visit www.mtn.co.za.