Music Plus Terms and Conditions (Terms and

Conditions)
NOTICE: PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE
BEEN AMENDED AS OF 14 January 2016, THE PROVISIONS OF CLAUSE 2.1
HAVE BEEN AMENDED.

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) will have towards you and other
persons. These Terms and Conditions also limit and exclude your rights and remedies
against MTN 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 MTN 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 offering 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 offering. It is your
obligation to review these Terms and Conditions regularly.
D. Please note that these Terms and Conditions must be read in conjunction with the MTN
Subscription and Content Services Legal Content Terms and Conditions found at
https://www.mtn.co.za/pages/website_legal.aspx?termsid=445. Please also see
www.mtn.co.za for more information.
SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE
FOLLOWING TERMS ARE IMPORTANT TO NOTE: 2.2, 1.4, 6, 7, 8 and 9

1. Introduction

1.1. MTN Music Plus is a converged music streaming and download platform which is
optimized for mobile and online access offered (the Offering).
1.2. The Offering enables customers to use the service through (i) a mobile app (Android),
(ii) mobile web, and (iii) desktop web. Once a customer has subscribed and logged into the
service, the customer shall be able to preview an entire music library and stream music
online or offline.
1.3. The Offering also enables customers to download tracks and albums to own and use
across multiple devices.
1.4. Customers are able to stream music via a subscription package and for the validity
period chosen. The following subscription packages / fees shall apply:
1.4.1. registration and browsing: Free (30 second free preview of all tracks);
1.4.2. 1 day subscription: R3.50 inclusive of 50MB free data;
1.4.3. weekly subscription: R25.00 inclusive of 150MB free data;
1.4.4. price to download track to own: R1.00 to R10.00 per track;
1.4.5. price to gift a track: R1.00 to R10.00 per track;

2. Special Promotion Period

2.1 The Offering is available from 12 December 2016 until 31 January 2017 (the Special
Promotion Period).
2.2 All Customers who successfully purchase any data bundle (*141*2*999#) subscribe
and log into the service for the first time during the Special Promotion Period shall, upon
such subscription not be charged for data usage (free data) applicable only to
www.musicplus.mtn.co.za desktop version, mobile version and application.
2.3 For the avoidance of doubt, Customers who subscribe to the Offering during the Special
Promotion Period without an existing data bundle shall receive the inclusive data in the
subscription as per 1.4.2 and 1.4.3
2.4 In the event of cancellation of the subscription to the Offering, Customers shall not be
able take advantage of the Special Promotion again. For the avoidance of doubt, all
Customers who take advantage of the Special Promotion during the Special Promotion
Period shall only be able to do so on a once-off basis.
2.5 Please note: Subscription to the Offering during the Special Promotion Period shall not
automatically subscribe the Customer to the Offering following the Special Promotion
Period. Before the end of the Special Promotion Period, Customers shall receive an SMS

notification with details on how to subscribe to the Offering following the Special
Promotion Period. Should the Customer not subscribe to the Offering following the receipt
of the said SMS notification, the Offering shall automatically be cancelled.
2.6 Notwithstanding the Special Promotion Period, MTN may, in its sole and absolute
discretion, amend the duration of the Special Promotion Period to a shorter or longer
period, or withdraw the Offering in its entirety, with notice to you. Visit www.mtn.co.za
regularly for notices, updates and/or changes to services.

3. Who is Eligible
3.1 The Offering is available to all:
3.1.1 MTN PayAsYouGo customers;
3.1.2 MTN TopUp customers;
3.1.3 MTN Contract customers; and
3.1.4 My MTNChoice customers (the Customers).
3.2 For the avoidance of doubt, the Offering is available to all customers who have
subscribed to the MTN network.

4. This Offering is at all times subject to and must be

read in conjunction with Customer's price plan Terms
and Conditions.
");
4.1 The Customer will be charged for all other data usage at their price plan data rates or
data bundle rates.

5. Business Rules
5.1. Customers using smart phones shall access the Offering via Mobi App which the
Customer may download and install via the applicable device App Store.
5.2. 30 second previews of songs shall be available to all Customers (including non-MTN
customers).
5.3. Customers are able to "gift" songs to other MTN Customers only and the "gift" service
shall not be available to non-MTN customers.

5.4. Customers shall be able to share [downloaded] songs to their Facebook and/or Twitter
profile pages for free.
5.5. Customers wishing to make use of the "pay per track" functionality do not require an
active subscription.
5.6. Customers wishing to make use of the ringtone and ring back tones functionality do not
require an active subscription.
5.7. Customers who do not have an active subscription to the Offering can only preview
songs from the Music Plus platform. Non-MTN customers shall be able to preview songs
from the App. All data charges for song previews shall be deducted from the customer's
price plan at the applicable data rates or data bundle rates.
");
5.8. Upon expiry of the customer's subscription to the Offering, the customer shall be able
to stream songs for 30 seconds only until the subscription to the Offering has been renewed.
");

6. Modification of Terms and Conditions

6.1. Participation in this Offering and any benefit awarded in terms of the Offering are
subject to these terms and conditions. In so far as it is necessary, required by law or beyond
the reasonable control of MTN, MTN reserves the right to vary the nature of the Offering
or these terms and conditions, or cancel this Offering upon notice in this regard being
published on www.mtn.co.za or in another appropriate medium.
6.2. MTN reserves the right at any time to modify, suspend or discontinue the Offering with
notice, without liability to you or any third party. MTN will under no circumstance be liable
to you for any error, delay, failure or non-availability of the service, and you indemnify
MTN 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
service.
6.3. MTN reserves the right from time to time to vary the charges of the Offering as may be
deemed necessary in its discretion.
6.4. See www.mtn.co.za for product and 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.
6.5 The Customer indemnifies MTN and their directors, officers, employees and agents,
against any and all claims for any loss or damages, whether direct, indirect, consequential
or otherwise, arising from any cause whatsoever in connection with this Offering.

7. Limitation of Liability
7.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any
other applicable law and also subject to clauses 7.2 and 7.3 below, MTN will not be liable
to you or to any other person for any loss or damage suffered (whether it is direct or
indirect):
7.1.1 If the MTN network services are interrupted, suspended, or cancelled, for whatever
reason; or
7.1.2 if MTN does not suspend the provision of the MTN network services to you after you
have specifically requested MTN to do so; or
7.1.3 if the loss or damage was caused by any negligent act or failure to act by MTN, its
employees or agents; or
7.1.4 as a result of the use of any device supplied to you by MTN relating to this service.
7.2 Clause 7.1 does not limit or exclude any warranties or obligations which are implied
into this service by the Consumer Protection Act (to the extent applicable) or which MTN
gives under the Consumer Protection Act (to the extent applicable), to the extent that the
law does not allow them to be limited or excluded.
7.3 Clause 7.1 does not limit or exempt MTN from liability for any loss directly or
indirectly attributable to the gross negligence of MTN or any person acting for or controlled
by MTN to the extent that the law does not allow this. Clause 7.1 also does not limit or
exclude the liability of MTN for death or personal injury caused to you through an act or
omission of MTN subject to section 61(1) of the Consumer Protection Act, to the extent
that the law does not allow this. Clause 7.1 also does not require you to assume risk or
liability for these kinds of losses to the extent that the law does not allow this.

8. General
8.1 MTN is not responsible for a service being interrupted and/or failing for any reason or
for any interruption in the network services.
8.2 You will be able to access services only when you are in the Republic of South Africa in
an area covered by the MTN network in the Republic of South Africa.
8.3 You will be solely responsible for all products and services accessed through the
Offering. Accordingly, MTN takes no responsibility for any loss or damage caused by your
access through the Offering. In the event of theft or loss of your device and/or SIM card,
such items must be replaced at your own cost, you are obliged to report such loss or theft to
the South African Police Services immediately, and to request MTN to suspend such SIM
Card.

8.4 The decision of MTN in respect of disputes arising out of this offering will be dealt
with by MTN in terms of these Terms and Conditions. The decision of MTN in this regard
will be final.
8.5 MTN shall be entitled to prohibit or terminate any Customers participation in the
offering if such Customer does not meet the criteria detailed herein and/or if the Customer
is involved in any fraudulent activity or suspected fraudulent activity.
8.6 By agreeing to these Terms and Conditions you acknowledge that by use of the
Offering you may be exposed to content that is offensive and/or objectionable. MTN is not
responsible for such offensive and/or objectionable content and you must use your own
discretion in determining whether you wish to access such content.
8.7 Customers may contact the MTN Customer Care Centre for further information.

9. Prohibited Activities
The following activities by Customers and other third parties shall be specifically
prohibited:
9.1 commercial use of the Offering and content of the Offering and music service;
9.2 use of mechanisms, software or scripts in connection with the use of the Offering and/or
music service capable of affecting the operation of applications provided by MTN;
9.3 blocking, overwriting, copying or in anyway modifying unless required for the proper
use of the services (music or otherwise) provided on the website;
9.4 changing the source code or other constituents of the Offering and/or music service;
9.5 the use of prohibited software and other resources in order to permanently store,
change, copy or use in any other illegal manner the contents provided;
9.6 the dissemination and communication to the public of the contents of the Offering
and/or music service;
9.7 any activity capable of affecting the functionality of the music services infrastructure,
notably placing an excessive burden on it.
Customers and users in breach of these Terms and Conditions may be excluded from
participating or making use of the Offering and/or from using the music service on a
temporary or permanent basis.
The information contained in this web site is subject to change without notice.
Copyright 2012-2013 MTN. All rights reserved.

Welcome to the MTN Music Privacy Policy

When you use MTN Music services, you trust us with your information. This Privacy
Policy is meant to help you understand what data we collect, why we collect it, and what
we do with it. This is important; we hope you will take time to read it carefully.

Privacy Policy
Our Privacy Policy explains:
A What information we collect and why we collect it.
B How we use that information.
C The choices we offer, including how to access and update information.
Weve tried to keep it as simple as possible, but if youre not familiar with terms like
cookies, IP addresses, pixel tags and browsers, then read about these key terms first.

1 Information we collect
1.1 We collect information to provide better services to all of our users from figuring out
basic stuff like which language you speak, to more complex things.
1.2 We collect information in the following ways:
1.2.1 Information you give us. For example, many of our services require you to sign up for
a MTN Music Account. When you do, well ask for personal information, like your name,
email address, telephone number or facebook account to store with your account.
1.2.2 Information we get from your use of our services. We collect information about the
services that you use and how you use them. This information includes:
1.2.2.1 Device information
We collect device-specific information (such as your hardware model, operating system
version, unique device identifiers, and mobile network information including phone
number). We may associate your phone number with your MTN Music Account.
1.2.2.2 Log information
When you use our services or view content provided by MTN Music, we automatically
collect and store certain information in server logs.This includes:
1.2.2.2.1 details of how you used our service, such as your search queries.

1.2.2.2.2 telephony log information like your phone number, calling-party number,
forwarding numbers, time and date of calls, duration of calls, SMS routing information and
types of calls.
1.2.2.2.3 IP address.
1.2.2.2.4 device event information such as crashes, system activity, hardware settings,
browser type, browser language, the date and time of your request and referral URL.
1.2.2.2.5 cookies that may uniquely identify your browser or your MTN Music Account.
1.2.2.3 Location information
When you use MTN Music services, we may collect and process information about your
actual location. We use various technologies to determine location, including IP address.
1.2.2.4 Unique application numbers
Certain services include a unique application number. This number and information about
your installation (for example, the operating system type and application version number)
may be sent to MTN Music when you install or uninstall that service or when that service
periodically contacts our servers, such as for automatic updates.
1.2.2.5 Cookies and similar technologies
We use various technologies to collect and store information when you visit a MTN Music
service, and this may include using cookies or similar technologies to identify your browser
or device.
Information we collect when you are signed in to MTN Music, may be associated with your
MTN Music Account. When information is associated with your MTN Music Account, we
treat it as personal information. For more information about how you can access, manage or
delete information that is associated with your MTN Music Account, visit theTransparency
and choice section of this policy.

2 How we use information we collect

We use the information we collect from all of our services to provide, maintain, protect and
improve them, to develop new ones, and to protect MTN and our users.
We may use the name you provide for your Profile across all of the services we offer that
require a MTN Music Account. In addition, we may replace past names associated with
your MTN Music Account so that you are represented consistently across all our services.
If other users already have your phone number, or other information that identifies you, we
may show them your publicly visible MTN Music Profile information, such as your name
and photo.

When you contact MTN Music, we keep a record of your communication to help solve any
issues you might be facing. We may use your email address to inform you about our
services, such as letting you know about upcoming changes or improvements.
We use information collected from cookiesto improve your user experience and the overall
quality of our services.
We will ask for your consent before using information for a purpose other than those that
are set out in this Privacy Policy.

3 Transparency and choice

You may set your browser to block all cookies, including cookies associated with our
services, or to indicate when a cookie is being set by us. However, its important to
remember that many of our services may not function properly if your cookies are disabled.
For example, we may not remember your language preferences.

4 Information security
We work hard to protect MTN Music and our users from unauthorized access to or
unauthorized alteration, disclosure or destruction of information we hold. In particular:
4.1 We encrypt many of our services using SSL.
4.2 We offer you two step verification when you access your MTN Music Account.
4.3 We review our information collection, storage and processing practices, including
physical security measures, to guard against unauthorized access to systems.
4.4 We restrict access to personal information to MTN Music employees, contractors and
agents who need to know that information in order to process it for us, and who are subject
to strict contractual confidentiality obligations and may be disciplined or terminated if they
fail to meet these obligations.

5 When this Privacy Policy applies

Our Privacy Policy applies to all of the services offered by MTN Music, but excludes
services that have separate privacy policies that do not incorporate this Privacy Policy.

6 Compliance and cooperation with regulatory

authorities
We regularly review our compliance with our Privacy Policy. We also adhere to several
self-regulatory frameworks. When we receive formal written complaints, we will contact

the person who made the complaint to follow up. We work with the appropriate regulatory
authorities, including local data protection authorities, to resolve any complaints regarding
the transfer of personal data that we cannot resolve with our users directly.

7 Changes
Our Privacy Policy may change from time to time. We will not reduce your rights under
this Privacy Policy without your explicit consent. We will post any privacy policy changes
on this page and, if the changes are significant, we will provide a more prominent notice
(including, for certain services, email notification of privacy policy changes). We will also
keep prior versions of this Privacy Policy in an archive for your review.

8 Key terms
8.1 Application data cache
An application data cache is a data repository on a device. It can, for example, enable a web
application to run without an internet connection and improve the performance of the
application by enabling faster loading of content.
8.2 Cookies and similar technologies
A cookie is a small file containing a string of characters that is sent to your computer when
you visit a website. When you visit the website again, the cookie allows that site to
recognize your browser. Cookies may store user preferences and other information. You can
reset your browser to refuse all cookies or to indicate when a cookie is being sent.
However, some website features or services may not function properly without cookies.
Other technologies are used for similar purposes as a cookie on other platforms where
cookies are not available or applicable, such as the Advertising ID available on Android
mobile devices.
8.3 IP address
Every device connected to the Internet is assigned a number known as an Internet protocol
(IP) address. These numbers are usually assigned in geographic blocks. An IP address can
often be used to identify the location from which a device is connecting to the Internet.
8.4 Unique device identifier
A unique device identifier (sometimes called a universally unique ID or UUID) is a string
of characters that is incorporated into a device by its manufacturer and can be used to
uniquely identify that device (for example an IMEI-number of a mobile phone). Different
device identifiers vary in how permanent they are, whether they can be reset by users, and
how they can be accessed. A given device may have several different unique device
identifiers. Unique device identifiers can be used for various purposes, including security

and fraud detection, syncing services such as a users email inbox, remembering the users
preferences and providing relevant advertising.

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