MTN Gifting Service Terms and Conditions

These terms and conditions govern the use of the MTN Gifting subscription service and related features (“the Subscription Service”).

The terms of this agreement (“Terms and Conditions”) govern the relationship between you, the billing service provider (MTN SA (Pty) Ltd and their respective affiliates) (“the Billing Partner”) and 3Way Marketing (Pty) Ltd (and its respective affiliates) (collectively hereinafter “Us” or “We”) regarding your use of the Subscription Service. 

3Way Marketing has agreements with a variety of deals providers (“Deals Providers”) and with local affiliates and other sellers ("Sellers") and with third party service providers (“Service Providers”) to provide the Subscription Service offering defined in clause 1. below.

1. Description of the Subscription Service
   1. Subscribers will be provided with access to discounted gift vouchers against payment of the subscription fee.
   2. A subscription fee of
      1. R5.00 per day (where the subscriber has selected the daily billing option) or,
      2. R15.00 per week (where the subscriber has selected the weekly billing option) or,
      3. R30.00 per month (where the subscriber has selected the monthly billing option)
      is payable on a recurring basis for this Subscription Service.
   3. The subscriber opts in by visiting gift.mtn.co.za.
   4. The Subscription Service is offered on a promotional basis and may be withdrawn from the market or changed at any time and at the Billing Partner/ 3Way Marketing’s discretion. Notwithstanding such withdrawal vouchers issued as part of the Subscription Service remain valid until expiry.
   5. The subscriber may cancel this service at any time without contractual penalty. If the subscriber does not cancel the service, it will endure on a daily, weekly or monthly basis until cancellation is received by the Billing Partner / 3Way Marketing. Notwithstanding such cancellation, vouchers issued as part of the Subscription Service remain valid until expiry.
2. Gifting services
   1. Subscribers will receive vouchers and coupons which can be gifted to third parties (including non-MTN subscribers). The vouchers and coupons made available may be amended from time to time.
   2. Additional terms and conditions may apply to the redemption of vouchers and coupons where these are imposed by Deals Providers. These will be communicated to the subscriber at the time of issuing the voucher or coupon.
   3. Vouchers will remain valid for the period set out in the Consumer Protection Act to the discounted value of the voucher. Coupons will remain valid for the period specified.
   4. Subscribers are limited to redeeming one voucher for each available deal per week.
3. Deals
   1. Vouchers and coupons are provided by Deals Providers.
   2. The validity and redemption process for each voucher or discount is determined by the Seller and specifically stated on the deal detail page on the MTN Gifting Service platform. 
   3. The onus is on the subscriber to familiarise themselves with the redemption process prior to redemption.
   4. No cash refunds will be issued for vouchers or coupons, or any unspent value attached to such.
4. Duration and Termination
   1. The Subscription Service will endure on a day-to-day basis from the start date until the Billing Partner / 3Way Marketing in its sole and absolute discretion elects to discontinue the promotion. The subscriber may cancel at any time during this term, without penalty. The subscriber is responsible for ensuring that cancellation of the service is actioned in accordance with clause 6 below.
   2. Should the subscriber incorrectly complete the cancellation process, the Billing Partner and 3Way Marketing will not be liable for any additional costs or compensation due to the error.
   3. The subscriber acknowledges that the Billing Partner / 3Way Marketing may terminate this agreement by written notice, including email or SMS, and without liability in the event of the termination of its agreement with a Content Provider or an upstream licensee relevant to the provision of any connectivity service.
5. Payment and Terms
   1. Where the subscriber has selected the daily billing option, a subscription fee of R5.00 per day will be deducted in full from the subscriber’s airtime balance on a daily basis from the date that the subscriber subscribes to the Subscription Service.
   2. Where the subscriber has selected the weekly billing option, a subscription fee of R15.00 per week will be deducted in full from the subscriber’s airtime balance on a weekly basis from the date that the subscriber subscribes to the Subscription Service.
   3. Where the subscriber has selected the monthly billing option, a subscription fee of R30.00 per month will be deducted in full from the subscriber’s airtime balance on a monthly basis from the date that the subscriber subscribes to the Subscription Service.
6. How to Stop the Recurring Subscription
   1. To cancel the service the subscriber should: dial *123#, reply 1 to Manage Subscriptions then reply 1 to View or cancel subscriptions, then follow the prompts on screen to select and cancel the Learn with Oxford subscription. The subscriber will receive an SMS notification confirming that the subscription has been successfully cancelled, or
   2. Login to the subscriber’s existing Gift account at gift.mtn.co.za and use the menu links to navigate to the My Account page. Click the Unsubscribe button to cancel.
7. Customer Support
   1. For MTN billing queries, dial 135 (free from your MTN SIM).
   2. For any other queries related to the Subscription Service, dial 135 (free from your MTN SIM) or email giftsupport@3waymarketing.co.za
8. Marketing, Notices, Disclaimer and Limitation of Liability
   1. 3Way Marketing is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. 3Way Marketing may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za
   2. The MTN Gifting Service is a subscription service charged at R5.00 per day or R15.00 per week or R30.00 per month. By using the service you agree that you are 18 years or older and have the bill payers' permission. Compatible handsets only. To unsubscribe dial *123# (see clause 6. above). For help call 135 (see clause 7. above).
   3. By using the service you agree to receive SMS alerts and promotional material relating to this and similar services. To opt out, visit the My Account page and update your communication preferences.
   4. Service provided by Billing Partner and 3Way Marketing, 4 Umvumvu Drive, Simbithi, Ballito 4390.
   5. This service must not be used
      1. to intentionally engage in illegal conduct,
      2. to knowingly create, store or disseminate any illegal content,
      3. to knowingly infringe copyright,
      4. to knowingly infringe any intellectual property rights, or
      5. to send spam or promote the sending of spam
   6. We have the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations, and we have the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.
   7. 3Way Marketing and Billing Partner accept no liability for any loss or damage to the property or equipment of the subscriber arising out of the provision of the product.
   8. Application for, use of and subscription of the product are at the sole risk of the subscriber or applicant.
   9. The subscriber is solely responsible for all actions authenticated by credentials associated with their account(s).
   10. 3Way Marketing and Billing Partner accept no liability for any loss or damage suffered by subscribers as a result of unauthorised use of the subscriber’s credentials.
9. Protection of Personal Information and Direct Marketing
   1. MTN and 3Way Marketing are committed to protecting the subscriber’s privacy and ensuring that their personal information is protected in accordance with data protection legislation and regulation in South Africa, including but not limited to the Protection of Personal Information Act 4 of 2013 (POPIA). Without limiting the generality of this commitment, these parties will:
      1. Only collect personal information as is necessary to provide the Subscription Service, including offering other products and services that may be of interest.
      2. Only process collected personal information for this purpose.
      3. Only transfer personal information where required for the provision of the Service and only then where an agreement is in place with the transferee to ensure continued compliance with POPIA.
      4. Take industry standard measures to secure personal information in their possession.
      5. Delete personal information where it is no longer required.
      6. Otherwise only release personal information where under a legal obligation to do so.
   2. The subscriber consents to the processing of his or her personal information as outlined above.
   3. The subscriber shall familiarise himself or herself with the Customer Privacy and Notice available on the MTN Website.

MTN Gift Airtime Competition Terms and Conditions

1. Introduction
   1. The Promoters are offering customers who subscribe to MTN Gift some exciting weekly airtime prizes (“the Competition”).
2. Duration
   1. Notwithstanding the Competition Period, the Promoters may, in their sole and absolute discretion, amend the duration of the Competition to a shorter or longer period, or withdraw the Competition in its entirety, with notice to Customers. Visit www.mtn.co.za regularly for competition rules, notices, updates and/or changes to services. Please visit https://gift.mtn.co.za/terms-conditions where the terms and conditions may be found.
3. Who may enter?
   1. The Competition is only open to people 18 years and older and limited to residents of South Africa.
   2. The following people shall not be eligible to participate in this Competition:
      1. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoters;
      2. People who are not legal residents and/or legal citizens of the Republic of South Africa; and
      3. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in clause 3.2.1. above.
   3. The Competition entrant must be a natural person.
4. How to enter
   1. Participants are required to subscribe to the MTN Gift product through the One Pin entry mechanism.
   2. The subscriber opts in by visiting https://gift.mtn.co.za/ or dialling *686*8713#. Daily subscription is charged at R5/day).
   3. Participants are to dial *123# to unsubscribe.
   4. In order to win, the participant must be an active subscriber for 5 consecutive days from date of subscribing and must be subscribed at the time of the draw.
   5. Winners will be determined by a pre-set algorithm in the Excel randomiser program. The number will be drawn after randomising 7 times.
   6. The Promoters confirm that they will ensure that an independent auditor conducts and verifies the draw (s), and this will be reported on audit reporting procedures.
5. The Prize
   1. Participants in this Competition stand a chance to win R60 (sixty Rand) in airtime. 10 (Ten) prizes will be drawn each week (“herein referred to as the “Prize/s”).
   2. Winners of the airtime Prizes will receive SMS notification of the airtime they have won on the subscribed cellular phone number. The only Prizes in this Competition are airtime Prizes.
   3. Airtime Prizes may only be redeemed by Pre-paid and Top Up account holders only.
   4. Airtime is available for the MTN network only.
   5. The airtime voucher code will be automatically loaded on the prepaid cellular phone number used to enter into the Competition.
   6. All potential winners who entered this Competition using a fixed/closed contract line or service provider not mentioned above do not qualify.
   7. Prizes are strictly MTN airtime Prizes. No other Prizes make up the Prize pool.
6. General
   1. The Promoters decision is final, and no correspondence will be entered into.
   2. The Prize is not transferable, and no substitution or cash redemption of the Prize is permitted. The Prize will not be handed/awarded to a third party, but only to the verified prize winner above.
   3. Winners are only eligible to win one Prize.
   4. The organisers of the Competition reserve the right, at their sole discretion, to substitute the Prize with any other prize of comparable or greater commercial value for whatever reason.
   5. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall at all times be entitled to decline the above request. Participants that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise and consent to the use of their image and other relevant personal information for the purposes of publicity for MTN Daily Deals. All publicity and other materials will be the sole property of the Parties.
   6. Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the participant, the Promoters and partnering agencies in terms of the Consumer Protection Act, 68 of 2008 ("the CPA").
   7. All participants participate entirely at their own risk. By reading and accepting these Rules, each participant gives consent to these risks and hereby indemnify and hold the Parties, their directors, employees, agents and contractors of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the Parties.
   8. The Parties, their directors, employees, contractors, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the participants, or accept any liability for any inability by the participant to use the Prize in part or at all.
   9. The Parties, their directors, employees, contractors, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any Prize nor in respect of any warranties or undertakings given in writing by any person other than the Parties.
   10. The organisers of the Competition reserve the right to terminate or extend the Competition at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Competition and acknowledge that they will have no recourse against the Parties.
   11. Participants undertake to expeditiously do all things necessary to enable the Parties to comply with their obligations under the CPA (if applicable) including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the participant. Should any participant refuse or be unable to comply with this requirement, the participant shall be deemed to have forfeited the prize.
   12. Notwithstanding anything to the contrary contained in these Rules, the organisers of the Competition reserve the right to amend, modify, change, postpone suspend or cancel this Competition, the Rules and any Prize (which has not yet been allocated), or any aspect thereof, on notice, for any reason which the Parties deem necessary.
   13. We respect your privacy and you voluntarily agree to abide by our privacy policy, which can be viewed at www.mtn.co.za.
   14. For further information or enquiries please email our consumer services on 135 for help.