MTN WhereRU - Locating Mobile Phones...

Terms and Conditions

MTN together with its technology partner shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any person who accesses or uses this website or utilising any service offered on this website or relying on any information contained on this website or the services offered thereof for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

errors or discrepancies in the information provided
any unauthorised access of this website by third parties
any breakdown or failure of any equipment or medium of access to this website
any failure or unavailability of any of MTN's or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website.
any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.

Applicability
1. MTN and its partner are not responsible for a customer's failure to use or complete necessary steps in using the service. Subscription charges will apply regardless of whether you utilize the service or not. By subscribing you acknowledge that you are fully aware of all charges involved in subscription and usage of the service.
2. By accessing, downloading Content or subscribing to the service, an agreement between you and MTN incorporating these terms and conditions will come into force at such time ('the Agreement'). We reserve the right to introduce amendments to the terms and conditions and/or the Content as we shall from time to time deem necessary. By accessing or downloading Content following any such modification you will be deemed to accept such modification. It is your responsibility to keep up to date with any changes in the terms and conditions.
3. The general terms and conditions of your subscriber agreement (including post-paid and prepaid) shall also apply when accessing the Content. In the event of any conflict, this Agreement will prevail in respect of the Content only.
4. This Agreement is governed by South African Law, and you agree to submit to the exclusive jurisdiction of the South African courts.
5. Nothing in this Agreement affects your statutory rights as a consumer.

License Grant
1. The Content and any copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) included in the Content is either owned by MTN or has been licensed to MTN by the rights owner(s).
2. All copies of Content remain the property either of MTN or the rights owner(s) from which the Content has been licensed.
3. MTN will not replace or refund any Content if such Content is deleted, damaged or otherwise removed from your mobile phone through no fault of ours.
4. You may only use the Content for private and personal purposes. You may not infringe the intellectual property rights of others. You must comply with all other reasonable instructions regarding use of the Content.
5. You may not, or attempt to, copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile (except to the extent expressly permitted by applicable law or as set out in this Agreement), or otherwise make available, any or all of the Content. You are expressly prohibited from any illegal use of the website or the services thereof (or any other Content that MTN may advise from time to time).
6. You must over age restrictions, or else you must be able to demonstrate to MTN that you have obtained your parent's consent to access or download the Content. Additionally, you must obtain the permission of the person who pays for the mobile phone (including usage charges) before accessing and downloading the Content. This includes where your employer or parent pays for the mobile phone bill.
7. The user of any delivered Content must have a mobile phone that is capable of sending and receiving the Content.
8. If you are using Java based Content, you must ensure that your device is listed as a supported device (either on our website or on any material provided to you), you can receive SMS messages and the WAP gateway you use is correctly configured.
9. You must not use the Content other than in accordance with the acceptable use policies of any connected networks.
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. In addition, you may be liable to MTN and technology partner for damages, costs and expenses incurred by MTN or technology partner as a result of your breach of this Agreement.
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, until such time as you notify MTN of such unauthorised use and we have stopped access to the Content from your mobile phone.
12. You must tell MTN immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Content, and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing. If you fail to stop the act or acts complained of, we may suspend your use of the Content.
13. If we suspend your use of the Content for contravention of any part of this Agreement, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention.
14. Indemnity by you: You agree to indemnify us, our licensors and your Service Provider against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by MTN or our licensors, as a result of any claim by a third party resulting from your use of the Content (or use of the Content by anyone who accesses the Content using your phone) caused by your breach or non-observance of this Agreement. We shall notify you of any claim received, and you hereby provide MTN with full authority to defend, compromise or settle such claims and shall provide MTN and/or our licensors with all reasonable assistance necessary to defend such claims, at your sole expense.

Delivery of the Content
1. You acknowledge that access to and delivery of the Content and performance and message transmission response times are subject to the enabling technology on which the Content 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.
2. MTN is not responsible for any failure to deliver Content to you if your mobile phone is not switched on or is not configured correctly, your answer is not in the correct format, your mobile phone is not within coverage or for any other reason cannot be reached, you have a bar on text/WAP/Java services, you are a prepaid subscriber and you have run out of calling credit, your message mail box or phone memory is full or for any other reason which is out of our control or out of the control of any third party delivering the Content.
3. We may vary the Content or the technical specification of the Content from time to time.
4. We may withdraw or change the Content at any time for technical, commercial, public interest or operational reasons. In the event that we permanently withdraw the Content, this will be advertised with as much notice as possible prior to the withdrawal of the Content. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice.

Warranty
1. Except as specifically provided herein and to the fullest extent allowed by applicable law, MTN expressly disclaims all other warranties, conditions and other terms, whether express or implied, written or oral, with respect to the Content including any warranty, condition or term of merchantability, fitness for a particular purpose, or non-infringement.
2. To the fullest extent allowed by applicable law, MTN and any of the other parties involved in the provision of the Content will not be liable for direct, indirect, special or consequential damages arising out of your use of or inability to use the Content including but not limited to damages for loss of use, profits, data or the cost of procurement of substitute goods or services, whether such damages arise in contract, negligence, delict or otherwise.
3. You warrant that you are at least 18 years old. You hereby grant such Consent as may be necessary for MTN to verify this information with the appropriate entities.
4. You agree to comply at all times with each and every part of these terms and conditions in relation to Your use of the Service.
5. Your Username and PIN are personal to You and not transferable. As such, You shall not disclose same to a third party or to allow a third party to use the Service using Your Username.
6. You agree that all users who previously consented to be located have the right to withdraw their Consent at any time and that MTN shall be bound to comply with any such withdrawal of Consent with immediate effect.
7. This Service is only valid within the Republic of South Africa.
8. You acknowledge and accept that MTN and its partner do not guarantee the Accuracy of the Service and shall not be liable for any lack thereof. You acknowledge and accept that availability, quality and coverage of the Service may be limited from time to time and further, that the Services may from time to time be unavailable and/or adversely affected as a result of inter alia physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference.
9. Locatable Users will be given the option to opt out of the Service at any time via USSD or SMS.
10. You agree not to send a Location Request to or to locate or use this service with any person under the age of 18 years without the prior and express written consent of their legal guardian.

Help, Queries
Our contact address is 216 Fourteenth Ave, Fairlands, Johannesburg. Alternatively, contact us by details obtained by visiting www.mtn.co.za. Or call 083 173.