Terms and Conditions 

A.
These Terms and Conditions incorporate provisions which allocate risk and liability to you, and which limit or exclude the duties, obligations, liabilities and legal responsibilities of Yomo towards you and third parties. These Terms and Conditions restrict the rights and remedies available to you against Yomo and impose various risks, obligations and responsibilities upon you. In certain circumstances, you may be required to incur additional costs or expenses, and Yomo may acquire claims and other enforceable rights against you.

B.
Where these Terms and Conditions, or any products or services supplied under them, fall within the scope of the Consumer Protection Act, 2008 (the “CPA”), nothing in these Terms is intended to override or conflict with the CPA. All provisions must be interpreted as being subject to the CPA, to the extent necessary, to ensure full compliance with its requirements.

C.
Please read these Terms and Conditions carefully. By electing to participate in this Promotion, you will be deemed to have accepted, and to be bound by, these Terms and Conditions in their entirety. Should you not agree to be bound by these Terms and Conditions, you are expressly required to refrain from participating in this Promotion.

D.
Please note that these Terms and Conditions are subject to your Subscriber Contract Terms and Conditions, as provided by Pax Africana.


1. Definitions

1.1 On-net minutes means: minute allocations used by the subscriber to call other subscribers on the Cell C network.
1.2 Off-net minutes means: minute allocations used by the subscriber to call other subscribers outside of the Cell C network.
1.3 Anytime Data means: data that can be used by the subscriber anytime during the day or night.
1.4 Night Data means: data that can be used by the subscriber during 23:59 until 5:00.
1.5 A Business Customer means: a legal entity that is registered with CIPC including but not limited to a Sole Proprietor, Close Corporation, Private Company.
1.6 Corporate Consumers means: customers who purchase in their personal capacity and associate themselves with a Business Customer through employment.
1.7 Qualifying Customer and Customer means: Individuals part of the NYS programme.


2. Product Prepaid Bundles

2.1 Yomo introduces a range of Yomo bundles available to Qualifying Customers as detailed in these Terms and Conditions.


3. Product Business Rules

3.1 The Yomo bundles provide a range of voice, data and SMS prepaid options.
3.2 All bundles have a set expiry limit.
3.3 TopUp bundles shall be depleted as “earliest expiry first”.
3.4 Airtime can be used to purchase bundles.


4. Data Depletion

4.1 The data value is depleted at 50c.
4.2 The voice value is depleted at R1 per minute minimum bill increments.
4.3 The voice value cannot be used for international roaming or international calling.
4.4 The voice and data bundle cannot be transferred or shared.
4.5 There will be no carry-over of unused voice, data or SMS upon migrations or SIM swaps.
4.6 Once the voice, data and SMS has been depleted, out-of-bundle usage shall incur from the subscriber’s airtime.
4.7 Depletion notification at 90% will be sent to customers.


5. Value Added Services

5.1 All value-added services depend on the discretion of Yomo and may be withdrawn at any time with notice.


6. General Terms and Conditions

6.1 Qualifying Customers will be able to view their balances on the Yomo App and USSD.
6.2 Qualifying Customers may cancel their packages by contacting the Yomo call centres or via the Yomo App and USSD.


7. Promotional Terms and Conditions

7.1 The Promotional pricing is available as and when Yomo runs promotions during a specific duration.
7.2 A Customer may purchase the package at any time between the start date and end date.
7.3 Notwithstanding the Promotion Period, Yomo may, in its sole and absolute discretion, amend the duration of the Promotion Period to a shorter or longer period, or withdraw the Promotion in its entirety, with notice to you.


8. RICA

8.1 In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), the Qualifying Customer is obliged to provide proof of their full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate them as a customer on the Yomo network.
8.2 Yomo is obliged by law not to activate the Qualifying Customer’s SIM card on the Yomo network if they have not complied with the RICA registration requirements.
8.3 By law, if a SIM card is lost, stolen or damaged, the Qualifying Customer is required to immediately notify the South African Police Services in writing and immediately notify Yomo and request the SIM card to be suspended.
8.4 If the Qualifying Customer wishes to transfer/sell their SIM card to another person (other than a family member), they are required to contact their Service Provider to report such a transfer to Yomo, and Yomo is required by law to deactivate the SIM card. Before the new holder of the SIM card can use it, they must provide proof of their full names, surname, Identity Document number and residential address to an approved Yomo RICA officer to register them as a Customer on the Yomo network. Once they have complied with RICA, and the RICA information is received by Yomo, Yomo will reactivate the SIM card.
8.5 The Qualifying Customer is not allowed to change ownership to a third party as this Promotion is not transferable.
8.6 Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact the service provider for details.

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