TERMS AND CONDITIONS

Terms and Conditions

NOTE: 

A. The following Terms and Conditions contain assumptions of risk and/or liability by Customers and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks Proprietary Limited (“MTN”) will have towards Customers and other persons. 

B. These Terms and Conditions also limit and exclude Customers rights and remedies against MTN and place various risks, liabilities, obligations and legal responsibilities on the Customer. 

C. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and MTN may also have claims and other rights against the Customer. 

D. 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 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.

E. The Customer must read these Terms and Conditions. The use of this product/service will constitute as agreement to comply with these Terms and Conditions. 

F. Please pay special attention to all the clauses. Please note that these Terms and Conditions must be read together with the standard MTN Internet product and service Terms and Conditions.

This legal agreement between you and MTN in collaboration with SayHi systems South Africa and One81 governs your use of the FabFit Service (The 'FabFit'). MTN and SayHi systems South Africa are the providers of the FabFit comprising an array of free and premium lifestyle offerings by third party providers. The FabFit service permits you to access premium content at a fee, a license for use of digital content for end user use only under the terms and conditions set forth in this Agreement.

Requirements for use of the FabFit

1. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws.
2. The FabFit is only available to registered subscribers on the MTN South Africa Network.
3. The use of the FabFit requires Internet access, may require periodic updates; and may be affected by the performance of these factors. The latest version of required software is recommended to access the FabFit and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.

Payment

1. The FabFit offers an all-day access upon subscription to premium content.
2. The ability to access the Portal is dependent upon having sufficient airtime credit on your account. You are therefore responsible for having sufficient airtime credit on your account in order to access the portal. MTN shall deduct the relevant fee for the daily subscription from your airtime credit prior to allowing access of the portal.
3. It is hereby acknowledged that subscription payment for the access to the portal is independent of the data browsing fees that may be applicable for using the service.
4. The cost of the service is R5.00/day
5. Daily - R5.00 for one day full access and each day thereafter should you choose to a daily subscription option. 

Refunds

MTN shall at its discretion offer a refund to you, if requested.

User License

The materials contained on the FabFit are protected by applicable copyright and trade mark law. Permission is granted to temporarily use the materials (information or software) on FabFit for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the service web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials or personal access credentials to another person or 'mirror' the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MTN at any time. Upon terminating your use of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

MTN does not claim proprietary rights for Content on the FabFit that originates from third parties. Accordingly, MTN makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MTN does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content, materials on the FabFit or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall MTN or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Content on FabFit. Furthermore, it is agreed that MTN's liability (if any) shall be limited to the amount paid for any subscription package.

Revisions

The content appearing on FabFit could include technical, typographical, or photographic errors. MTN does not warrant that any of the materials on FabFit are accurate, complete, or current. MTN or its suppliers may make changes to the materials contained on FabFit at any time without notice. MTN does not, however, make any commitment to update the materials.

Site Terms of Use Modifications

MTN may revise these terms of use for the FabFit at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to the FabFit shall be governed by the laws of the South Africa.

Termination

1. If you fail, or MTN suspects that you have failed, to comply with any of the provisions of this Agreement, MTN, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the FabFit (or any part thereof).
2. MTN reserves the right to modify, suspend, or discontinue the FabFit (or any part or content thereof) at any time with or without notice to you, and MTN will not be liable to you or to any third party should it exercise such rights.

Limitations on Use of the Service

1. You must be at least 18 years old to use the Service, or, if you are not at least 18, you may use the Service only with the permission of your parent or guardian.
2. The Service is available for your private, non-commercial use in the Territory only. You may only access and use the Service via your Device(s) in the Territory. You may not sell or levy any charge for the content or using any part of the Service or show any part of the Content in public to an audience, even if no charge is levied.
3. You must not access or use the Service for any improper or unlawful purpose or in any manner which infringes our rights or the use policies of any networks.
4. To access and use the Service you must:
5. Ensure that your Device meets the minimum hardware, systems and software requirements.
6. Ensure that you have access to either a suitable mobile or fixed broadband internet connection.
7. You may not download Content to your Device or transfer it to another Device.
8. The number of Devices on which you may access and use the Service and view the Content shall be limited, as determined by us in our sole discretion from time to time.
9. You must not copy, modify, reproduce, transfer, republish, post, broadcast or transmit the Content.
10. 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.
11. 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.
12. Nothing in this Agreement affects your statutory rights as a consumer.

Cost & Opt-Out

This service will be billed at R5.00/day. Dial *123# to quit. By using this service, you may be sent occasional related promotions. To end promotional marketing. SMS OPT-OUT.

Additional items:

1. MTN shall at its discretion offer a refund to you, if requested.
2. Additional network fees may apply. 
3. For HELP email customercare@mtn.com or dial 135.
4. In order to access the service, a user needs to have internet access and a HTML or HTML5 compatible device. 
5. SayHi 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. SayHi may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za
6. SayHi and/or MTN has 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.
7. SayHi has 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.
8. The service must not be used: 
9. to intentionally engage in illegal conduct
10. to knowingly create, store or disseminate any illegal content
11. to knowingly infringe copyright
12. to send spam or promote the sending of spam
13. The service includes the ability to perform an additional once-off purchase of R10 to access its health chatbot & triage nurse chat feature for 24 hours.