TERMS AND CONDITIONS
Last modified on [25 June 2024]
Welcome to our Terms and Conditions of Use. They are important and affect your legal rights, so please read these and our Privacy Policy, carefully before you use our service.
1. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
1.1 This Service is made available to you by Mahala Minute (Pty) Ltd, incorporated and registered in South Africa, with registered company number 2024/064739/07, and with registered office at 770 Braam Pretorius Street, Montana, Pretoria, Gauteng (“we”, “us” or “our”).
1.2 By using the Service, you confirm that you accept these Terms and Conditions and our Privacy Policy and agree to abide by them. If you do not agree with these Terms and Conditions or do not understand (part of) them, you should cease using the Service immediately.
1.3 We have the right to change or modify these Terms and Conditions without prior notice to you. As a result, please always verify whether you have consulted the latest version of the Terms and Conditions. Your continued use of the Service constitutes your acceptance of the modified Terms and Conditions. The date on which the Terms and Conditions were last modified is indicated at the top of the document.
1.4 To use the Service, you must be at least 18 years of age (or such younger or older age as is necessary to be able to consent validly in your country). If you are younger and you wish to use the Service, you must get consent from your parent or guardian before doing so.
2. DESCRIPTION OF THE “SERVICE”
2.1 Mahala Minute service aims to promote the use of a free call service by raising brand awareness among customers who access the Service.
2.2 A Mahala Minute customer who wishes to use the Service:
- Dials the Mahala Minute USSD string (*120*735#) to register. Standard Rates Apply.
- Accepts these Terms of Service.
- After acceptance and successful registration, a user can place a free one-minute call by dialling the USSD string, including the destination number *120*735*cell_number#. Standard Rates apply.
- The user must, FIRST, listen to an audio advertisement and, once completed, a one-minute free call (sixty seconds) will be connected.
- After one minute (sixty seconds) the call will be automatically disconnected.
2.3 Mahala Minute reserves the right to limit the number of calls per requesting mobile number.
2.4 This service is open to any CellC, MTN, Telkom and Vodacom subscribers.
3. PROTECTION OF PERSONAL DATA
3.1 We respect your privacy. We will process any personal data collected or otherwise processed through your use of the app in accordance with our Privacy Policy.
3.2 By submitting your details, you hereby give consent to Mahala Minute Pty and their duly appointed agents to process my personal information as provided, for the purposes of direct marketing by means of electronic communication in respect of information and communications technology-related goods and services.
3.3 By accepting these Terms and Conditions:
3.3.1 you give Mahala Minute the necessary consent to use your demographic information to promote services, recommend new or existing services, and generate preference profiles for direct targeted marketing.
3.3.2 you are giving Mahala Minute the necessary consent to receive direct marketing or promotional messages.
3.3.3 you will be able to Opt-out from any further promotional or targeted direct messaging in the form of Short Message Services (SMS) or Email Marketing, from designated brands or companies.
4. PROPRIETARY RIGHTS
4.1 We own all trademarks, copyrights, database rights, and other intellectual property rights in the Service and all the underlying software code.
5. CONDITIONS OF USE
5.1 Except to the extent such cannot be prohibited by mandatory applicable law, you will not, neither will you allow third parties on your behalf to, (attempt to) copy, reproduce, distribute, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service, or create derivative works of the Service of any kind whatsoever.
5.2 You must not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously.
5.3 Your data will be verified upon registration. If it is found, at any stage, that you have misrepresented your identity, age, race, or gender, access to the service will be suspended immediately.
5.3.1 In the event that the user has won a competition, positive identification matching the details provided must first be supplied prior to confirmation of the prize being allowed.
5.4 You must not use the Service in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users.
5.5 You assume sole responsibility for results obtained from the use of the Service.
5.6 You acknowledge that access to and delivery of the Service, performance, and message transmission response times are subject to the enabling technology on which the service 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.
5.7 Mahala Minute Pty Ltd, nor, its agents or affiliates shall be responsible for any failure to deliver a call if the phone is not switched on or is not configured correctly, mobile phone is not within coverage or for any other reason cannot be reached or for any other reason which is out of our control or out of the control of any third party delivering the Service.
5.8 The Service is not to be used in emergency situations. For any emergency please dial the number for emergency services in your country. E.g. 10111, 112, 911, 999, etc.
5.9 Mahala Minute (Pty) Ltd reserves the right to block any MSISDN (“Mobile Station International Subscriber Directory Number”) from accessing the service.
5.10 Any fraudulent activity will be reported to the local law enforcement authorities.
6. AVAILABILITY
6.1 Due to the nature of the mobile service we cannot guarantee that your access to the Service will be uninterrupted, timely, or error-free. We may also occasionally need to carry out repairs or maintenance or introduce new facilities and functions, which results in the Service being unavailable. If the need arises, we may suspend access to the Service or close it indefinitely.
6.2 We do not accept any responsibility whatsoever for the Service’s unavailability, any difficulty or inability to download or access content, or any other communication system failure that may result in the Service’s unavailability.
6.3 Advert Requirement: The Mahala Minute service is contingent on the availability of branded audio adverts. The service operates by providing users with a free, one-minute phone call in exchange for listening to an audio advert up to 30 seconds in length.
6.4 Service Unavailability: In the event that no branded audio adverts are available, the Mahala Minute service will be unavailable. Users will not be able to make a free phone call during such times. We will make reasonable efforts to notify users when the service is unavailable due to the lack of adverts.
7. TERMINATION
7.1 Access to the Service may be suspended or terminated for you or all users temporarily or permanently at any time.
7.2 We may also terminate these Terms and Conditions immediately without court intervention if you breach any provisions of these Terms and Conditions.
8. LIMITATION OF LIABILITY
8.1 To the maximum extent permitted by the applicable law, the Service is provided to you “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Service, either expressly, implied, or statutory, including but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
8.2 We will in no event be liable for any damage, including any indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind including lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damage, except to the except such damage is caused directly by our gross negligence, wilful misconduct or fraud.
9. SEVERABILITY
9.1 Nothing in these Terms and Conditions intends to deprive you of any rights you may be granted under applicable mandatory laws (including mandatory consumer protection laws).
9.2 Each of the provisions of these Terms and Conditions operates separately. If any court or competent authority decides that any provision is illegal, invalid, or unenforceable, the other provisions will remain in full force and effect, and such provision will be replaced with a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the illegal, invalid, or unenforceable provision.
10. GOVERNING LAW AND COMPETENT COURT
Except to the extent where applicable law, if any, provides otherwise, these Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa without regard to its conflict of law rules, and the courts of the Republic of South Africa shall have exclusive jurisdiction over any dispute that may arise between you and us in relation to these Terms and Conditions or the Service.
