Terms and Conditions
1. MTN SP is not responsible, in any manner, for the use or misuse of any party's password and/or PIN. The User understands that by authorising the
Dealer or a third party to perform functions or actions on his/her behalf, the User specifically indemnifies such Dealer and/or such party and MTN SP for any
claim, liability, damage or loss arising as a result of the use or misuse of the Dealer's and/or such party's password or PIN.
2. Exclusion of warranties and representations
- 2.1. Due to the nature of the Internet and the inherent difficulties associated with the transmission, exchange and storage of electronic
information, MTN SP does not make any representations nor does it give any warranty or guarantee of any nature whatsoever in respect of MTN Active, the MTN
Active Website, MTN SP's computer network, computer system, hardware, software or server computers, or their suitability for any purpose, whether that
purpose is notified to MTN SP or not. Without derogating from the generality of the aforegoing, MTN SP does not warrant or guarantee that MTN Active or the
MTN Active Website will be operational and available at any particular time during a certain period, and the User acknowledges that there are various
factors that may cause MTN Active or the MTN Active Website to be unavailable. Without limitation,MTN SP does not guarantee that the information transmitted
by and/or available to the User (whether via the Dealer or a third party or otherwise) by way of MTN Active or the MTN Active Website:
- 2.1.1. will be preserved or sustained in its entirety;
- 2.1.2. will be suitable for any purpose, including but not limited to a purpose for which the User intends to utilise the MTN Active or the MTN
- 2.1.3. will be free of inaccuracies, errors, defects, bugs or viruses of any kind, MTN SP assumes no liability, responsibility or obligations in
regard to any of the aforegoing exclusions.
3. Information available through MTN Active
- 3.1. The User acknowledges that the content of MTN Active or the MTN Active Website may be changed by MTN SP in its sole discretion and at any time.
- 3.2. MTN SP shall not be liable for direct or indirect loss or damage due to errors, inaccuracies or deficiencies in the content of MTN Active or the
MTN Active Website. MTN SP makes no representations or warranties, either express or implied, as to the accuracy, completeness or reliability of information
provided and shall not be bound in any manner by such information.
- 3.3. Notwithstanding anything to the contrary contained in this Agreement, MTN SP reserves the right in its absolute discretion and after the receipt
by MTN SP of any complaint from any governmental department, or any organisation or any other third party that any aspect of MTN Active or the MTN Active
Website is unlawful or contains information that infringes against any third party's rights in terms of any legislative enactment or regulation in force
from time to time, to immediately remove the offending information or any portion thereof from MTN Active or the MTN Active Website.
- 3.4. In order to conduct maintenance, repair and/or improvement from time to time on MTN Active, the MTN Active Website, MTN's or MTN SP's computer
network, computer system, hardware, software or server computers, the provision of MTN Active or the MTN Active Website may be suspended from time to time,
and all liability on the part of MTN SP for any loss or damage of whatsoever nature and/or howsoever arising thereby incurred or for any costs; claims or
demands of any nature arising therefrom, is excluded, and the provisions of clause 3.5 shall apply, mutatis mutandis to such exclusion.
- 3.5. Except as otherwise expressly provided herein to the contrary, MTN SP shall not be liable to any party for any claim, liability, loss or damage
of whatsoever nature and/or howsoever arising from the use of MTN Active or the MTN Active Website or this Agreement (including consequential or incidental
loss or damage such as without limitation, loss to property or of profit, business, goodwill, revenue or anticipated savings) and the User hereby
indemnifies MTN SP against such claims, liabilities, losses or damages.
- 3.6. The User shall have no claim or right against the Dealer or the authorised third party or MTN SP in respect of or arising out of MTN Active, the
MTN Active Website or the use, or failure thereof or any defect therein or damage caused thereby.
- 3.7. Without derogating from the generality of clause 3.5, MTN SP shall not be liable for any damage or loss arising from the loss of any of the
User's information, the loss or corruption of any data or the incompatibility of any party's Technology with that of MTN SP, save for damage or loss caused
by wilful conduct or gross negligence by MTN SP.