Terms and Conditions of use for Amandla Mobile Services

Introduction

1.1 These Terms and Conditions are applicable to you when you make use of Amandla Mobile’s Services which are activated when your prepaid SIM Card is connected to the Amandla Mobile Network through the Apparatus.

1.2 By purchasing any of Amandla Mobile’s Services you automatically bind yourselves to these Terms and Conditions and acknowledge that these Terms and Conditions: 1.2.1 may limit the risk or liability of Amandla Mobile or a third party; and/or

1.2.2 may create risk or liability for you; and/or

1.2.3 may compel you to indemnify Amandla Mobile or a third party; and/or

1.2.4 serve as an acknowledgment, by you, of a fact.

Definitions

2.1 “Apparatus” means any mobile, transportable or portable cellular mobile terminal, handset, laptop, computer, modem or other apparatus which is approved by the Regulatory Authority and which is capable of connection by radio interface to the Network.

2.2 “Amandla Mobile” means Amandla Mobile RSA (Pty) Ltd (Registration Number 2017/252078/07), a private company with limited liability duly registered and incorporated in accordance with the company laws of the Republic of South Africa;

2.3 “Amandla Mobile Group” means Amandla Mobile and any of its subsidiary companies;

2.4 “Amandla Mobile Representative” means a person who is duly authorized to represent Amandla Mobile with the role and function of selling and activating Amandla Mobile SIM cards;

2.5 “Amandla Mobile Services” means the cellular telecommunications service provided by means of the Network as well as such other additional related services, equipment, Value Added Services and/or Financial Services;

2.6 “Network” means the public mobile telecommunications system operated and made available by Amandla Mobile or any other members of the Amandla Mobile Group;

2.7 “Regulatory Authority” means the Independent Communication Authority of South Africa (ICASA) or any similar authority that is established in the future to perform or take over the functions of ICASA;

2.8 “SIM Card” means the Subscriber Identity Module Card allocated to you to enable you to gain access to the Network by using the SIM Card in the Apparatus;

2.9 “Starter Pack” means the pack that includes the user guide and SIM Card;

2.10 “Subscriber Identity Module Card” means the SIM Card allocated to you which identifies your subscription to Amandla Mobile;

2.11 “Terms and Conditions” means these terms and conditions and any other terms and conditions which may be amended in the future and uploaded on the Amandla Mobile website (www.Amandla Mobile.com/termsandconditions); and

2.12 “Value Added Services” means and services provided by Amandla Mobile which are non-core services and are services beyond standard voice calls, the content of which may not have anything to do with Amandla Mobile’s mobile network and/or services.

Provision of the Amandla Mobile Services

3.1 In order to receive your new cellphone number and to activate your SIM Card found in your Starter Pack, you must register your SIM Card, in terms of the provisions of the Regulation of Interception of Communications and Provision of Communications Related Information Act, 2002 (“RICA”). The Amandla Mobile Representative selling the Starter Pack will assist you in ensuring the SIM Card has been correctly RICA’d and register you on the Network immediately subsequent to your purchase of the Starter Pack.

3.2 Once your SIM Card has been RICA’d, insert your SIM Card into your Apparatus and you will be connected to the Amandla Mobile Network and Amandla Mobile Services and receive your cellphone number.

3.3 Subject to the Terms and Conditions, Amandla Mobile will activate the SIM Card and maintain the availability of the Amandla Mobile Services to you whilst your SIM Card is active on the Network.

3.4 Amandla Mobile provides free access to the Amandla Mobile Services and platforms on the Amandla Mobile mobile application “(Amandla Mobile App)” which is free of charge for all registered Amandla Mobile users.

3.5 Amandla Mobile operates using a fair usage policy which grants each Amandla Mobile user 100MB (one hundred megabytes) of free data access per day to be used on the Amandla Mobile App. Should the Amandla Mobile user use more than the daily allotted 100MB (one hundred megabytes) on the Amandla Mobile App, Amandla Mobile reserves the right to charge the Amandla Mobile user for the additional data used.

3.6 Amandla Mobile reserves the right to adjust, amend or discontinue the Amandla Mobile Services, by giving advance notice where reasonably possible and dependent on the circumstances, based on the Amandla Mobile user’s use of the Amandla Mobile Services.

Cellphone Number Portability

4.1. Should you wish to port-in your cellphone number from your previous network provider you will be required to indicate this when the Amandla Mobile Representative is registering you on the Network. Should you qualify to port your cellphone number, an additional administration fee will be charged.

4.2. You may not port if:

4.3. Porting is not capable of taking place on Sundays or public holidays and can only be activated in the late evening on the port date you request, or the following day.

4.4. A port may be reversed on the instruction of the Amandla Mobile user but will only be permitted in the following circumstances:

4.4.1. Within 60 (sixty) days after the date that the number was ported from the Amandla Mobile user’s previous service provider; and

4.4.2. the Amandla Mobile user and their previous service provider agree to the reversal of the port.

Changing of Cellphone Number

5.1. It is possible for the Amandla Mobile user to change their Amandla Mobile cellphone number without the need to purchase a new SIM card.The process to be followed in order to change your Amandla Mobile cellphone number is available on the Amandla Mobile App.

Value Added Services

6.1. You acknowledge that should you subscribe to any of the Value Added Services, the provision of such Value Added Services will be subject to the terms and conditions applicable thereto which you undertake to make yourself familiar with.

Disclosure of Information

7.1. You consent that Amandla Mobile may, to the extent permitted by law, receive or disclose your personal information, documents, detailed call records, credit profile information and/or any other credit information from or to:

7.2. Despite any part of the Terms and Conditions that may indicate otherwise, Amandla Mobile shall be entitled to utilize your detailed call records for any lawful purpose including but not limited to tracing and/or collection purposes.

Acknowledgment

You acknowledge and agree that –

8.1. the service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic and Communications Act, 2005 (as amended) (“ECTA”) and the Regulatory Authority requirements. The Amandla Mobile Services may, from time to time, be adversely affected by such physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference; and

8.2. to the extent permitted by law, Amandla Mobile shall not be liable for non-availability of the Amandla Mobile Services.

Liability

9.1. You indemnify and hold Amandla Mobile and each company within the Amandla Mobile Group harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by you or any third party, which arises directly or indirectly out of a breach of these Terms and Conditions by you or by your use of the Amandla Mobile Services and/or the Apparatus, other than in respect of losses caused by the gross negligence or intentional misconduct of Amandla Mobile or any company within the Amandla Mobile Group or any of their respective employees, directors or agents.

9.2. Without affecting the generality of clause 8.1 above, Amandla Mobile shall not be liable to you for any breach of these Terms and Conditions or failure on Amandla Mobile’s part to perform any obligations as a result of technical problems relating to the Network, termination of any license to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Amandla Mobile.

Undertakings

You shall –

10.1. comply with all instructions issued by Amandla Mobile which concern your use of the Amandla Mobile Services, the Apparatus or related matters;

10.2. not be entitled to commercially exploit the Amandla Mobile Services in any manner whatsoever without Amandla Mobile’s prior written consent, including without limitation, the provision of telecommunication services to third parties;

10.3. provide Amandla Mobile with all such necessary information as Amandla Mobile may, in its sole discretion, reasonable and lawfully require;

10.4. only make use of an Apparatus which is approved for use in conjunction with the Network by Amandla Mobile; and

10.5. engage with Amandla Mobile, other members of the Amandla Mobile Group and their respective staff and agents in a courteous, cordial and respectful manner at all times.

Suspension/Disconnection

11.1. Amandla Mobile may from time to time, by giving you advance notice where reasonably possible and dependent on the circumstances, suspend the Amandla Mobile Services or disconnect your cellphone number from the Network for a period to be determined by Amandla Mobile, in any one of the following circumstances:

11.1.1. if the Amandla Mobile Services have not been used by you for a period in excess of 60 (sixty) days;

11.1.2. during any technical failure, modification or maintenance of the Network;

11.1.3. if you fail to comply with any of the Terms and Conditions;

11.1.4. if so directed by the Regulatory Authority; or

11.1.5. in any other instance specifically provided for in the Terms and Conditions.

11.2. Having regard to the circumstances at the time of the suspension, disconnection or reconnection, as the case may be, Amandla Mobile shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any reconnection.

11.3. At the time of disconnection should the Amandla Mobile user have any data or minutes in credit, same will not be able to be paid in any way to the Amandla Mobile user.

Communication

You hereby consent to the dispatch or transmission by Amandla Mobile of all and necessary communication in terms of ECTA or subsequently enacted and relevant legislation. You are entitled to inform Amandla Mobile if you do not wish to receive any communications for purposes of direct marketing and in this instance, Amandla Mobile will refrain from circulating any further such material to you.

Disputes

Any dispute relating to the Network may be referred to the ICASA or to the National Consumer Commission established under the Consumer Protection Act, 2008.

Lost or Stolen SIM Cards and/or Apparatus

14.1 You are responsible for the safekeeping of your SIM Card and/or Apparatus.

14.2 You must notify Amandla Mobile immediately if you realize that your SIM Card and/or Apparatus has been lost or stolen.

14.3 You must also, within 24 (twenty-four) hours of you realizing that your SIM Card and/or Apparatus has been lost or stolen, report this to the South African Police Service.

14.4 In the event that your SIM card is lost or stolen, it is possible to replace the SIM card and keep the existing number by exercising one of the following options:

14.4.1 purchase a Starter Pack from a Amandla Mobile Representative and inform the Amandla Mobile Representative that you wish to retain your existing number before the Amandla Mobile Representative commences the RICA process; or

14.4.2 purchase a replacement SIM card in the Amandla Mobile App which will provide the relevant details and procedures to be followed.

Password and/or One Time Pin

If you have a password or One Time PIN (“OTP”) sent to your SIM Card or stored on your Apparatus, you undertake to keep it secure and undertake that no other person shall use the Amandla Mobile Services by means of utilizing your password or OTP, and you further acknowledge that you are responsible for ensuring that no unauthorized access to the password or OTP is obtained, and that you will be liable for all such activities conducted pursuant to such use, whether authorized or not.

General

16.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African courts.

16.2. These Terms and Conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court holding the necessary jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provision of the Terms and Conditions.

16.3. Amandla Mobile’s failure to exercise any particular rights or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Amandla Mobile in writing.

16.4. Any amended terms and conditions published in the media, or on the Amandla Mobile website(www.Amandla Mobile.com/termsandconditions)will form part of the terms and conditions of the Amandla Mobile Services, to which terms and conditions you agree to be bound.

Competitions

By entering this Competition, participants agree to be bound by these terms and conditions in their entirety.

Introduction This Competition is being run by Amandla Mobile RSA (Pty) Ltd (Registration Number 2017/252078/07), with its business office situated at 49 Via Salara, Irene Corporate Corner, Irene, Centurion, 0157 (“Amandla Mobile”).

These Competitions Terms & Conditions is an overview for all competitions for specific Terms & Conditions please refer to the “Competitions” section for specific competition Terms & Conditions.

Eligibility to Enter An eligible participant must be a natural person, at least 18 years old and a resident in South Africa in order to enter the Competition.

Employees of Amandla Mobile and its associates and their immediate family members may not participate in the Competition.

By entering the Competition, the participant confirms that he/she is eligible to do so and that he/she is eligible to receive any prizes that may be awarded to the participant

Winners must be on Amandla Mobile or be willing to switch to Amandla Mobile in order to claim the prize.

Data Protection and Publicity Amandla Mobile respects the privacy of the participants and will handle all participants’ personal information in accordance with applicable data protection laws and Amandla Mobile’s Privacy Policy. Personal information provided by participants will only be used for the purpose of administering the Competition unless otherwise stated.

Entrants may request information on the winner by emailing support@Amandla Mobile.com

By accepting the prize, the winner agrees to participate in any promotional activities associated with the Competition, including but not limited to the use of his/her name, likeness, and submitted content for marketing and publicity purposes.

The winner’s first name can be announced on Amandla Mobile ‘s website and social media channel if Amandla Mobile decides to.

Limitation of Liability Amandla Mobile accepts no responsibility for any lost, late, misdirected, or incomplete entries, or for any technical malfunction, computer error, or other events beyond their control that may cause the Competition to be disrupted or corrupted.

This Competition is in no way sponsored, endorsed, or administered by, or associated with, any social media platform used for promotion.

General Amandla Mobile reserves the right, at any time and without prior notice, to cancel the competition or amend these terms and conditions.

These terms and cond

itions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or in connection with this Competition shall be subject to the exclusive jurisdiction of the courts of South Africa

eSIM Terms and Conditions

1. Introduction Welcome to Amandla Mobile.

These Terms and Conditions govern your use of our website and the purchase of eSIM products from us. By accessing or using our website, you agree to be bound by these Terms and Conditions.

1. Definitions

● eSIM: An embedded SIM card that allows you to activate a cellular plan from your carrier without using a physical SIM card.

● Faulty SIM Card/eSIM: An SIM Card/eSIM that is defective or not functioning as intended due to manufacturing issues or technical faults attributable to Amandla Mobile.

1. Eligibility By using our website and purchasing an eSIM, you confirm that you are at least 18 years old and have the legal capacity to enter into binding contracts. You can only RICA 5 eSIMS per ID number, no more.
2. eSIM Compatibility Before purchasing an eSIM from Amandla Mobile, please ensure that your device is eSIM compatible. You can check compatibility on your device manufacturer's website.
3. Refund Policy We strive to ensure that our eSIMs are of the highest quality. However, we understand that there may be instances where a refund is necessary. Our refund policy complies with the Consumer Protection Act (CPA) of 2008 and is as follows:

5.1 Conditions for Refunds Refunds will only be processed under the following conditions: ● The eSIM is determined to be faulty due to manufacturing defects or technical faults attributable to Amandla Mobile. ● The customer has contacted our support team within 7 days of purchase to report the issue. ● The fault has been verified and confirmed by our technical support team.

5.2 Non-Refundable Situations Refunds will not be granted in the following situations:

The eSIM is functioning correctly, but the customer's device is not eSIM compatible.

● The customer changes their mind after purchase.

● The customer encounters issues due to incorrect installation or misuse of the eSIM.

● The eSIM has been loaded onto a device

5.3 Refund Process To request a refund, please follow these steps: 1.

Contact our customer support team on WhatsApp +27 63 901 0000 within 7 days of your purchase, providing your order number and a detailed description of the issue.

1. Our technical support team will investigate the issue and may request additional information or troubleshooting steps.
2. If the eSIM is confirmed to be faulty, we will process the refund to your original method of payment within 14 business days.
3. Limitation of Liability Amandla Mobile will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use our eSIM products, except as required by the Consumer Protection Act.
4. Changes to Terms and Conditions We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our website and services constitutes your acceptance of the revised Terms and Conditions.
5. Governing Law These Terms and Conditions are governed by the laws of South Africa. Any disputes arising from or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of South Africa. Consumer Protection Act (CPA) Compliance Addendum 9. Right to Information You have the right to be fully informed about the products you purchase from Amandla Mobile, including full disclosure of any applicable terms and conditions, and product specifications. We provide clear and accurate product descriptions and information on our website.
6. Right to Return In accordance with the CPA, you have the right to return goods and seek a refund if the goods are not suitable for their intended purpose, if they are of poor quality, or if they are defective. This right is subject to the conditions outlined in our Refund Policy.
7. Right to Fair Value, Good Quality, and Safety Our eSIM products are manufactured to high standards and comply with relevant safety regulations. We ensure that our products are of good quality and provide value for money.
8. Right to Accountability from Suppliers We take responsibility for the quality and performance of our eSIM products. If you experience any issues, we encourage you to contact our customer support team to resolve the matter promptly