Welcome to the Keep Me Connected (“KMC”) service. These Terms and Conditions (“T&Cs”) govern your use of the KMC product, including the rights and responsibilities that apply to you as a member. By accessing or using the KMC service, you agree to be bound by these T&Cs. If you do not agree with any part of these T&Cs, you must not use the KMC service.
This document also addresses compliance with relevant South African laws, including the Consumer Protection Act, 2008 (“CPA”), the Protection of Personal Information Act, 2013 (“POPIA”), and the regulations of the Independent Communications Authority of South Africa (“ICASA”). It is important that you read and understand these T&Cs in their entirety, as they contain important information about your rights and obligations as a member of the KMC service.
Eligibility and Membership
- • To be eligible to use the KMC service, you must be a resident of South Africa, be at least 18 years of age, and have an active, RICA-registered SIM card. The KMC service is available exclusively to individual consumers; businesses and other legal entities are not eligible for membership.
- • By registering for the KMC service, you represent and warrant that you meet these eligibility requirements and that the information you provide during registration is accurate and up-to-date.
- • To become a member of the KMC service, you must complete the online registration process via the KMC portal. This process includes providing your full name, valid email address, mobile phone number, and any other information requested during registration.
- • After submitting your registration, you will receive a confirmation email containing a link to activate your account. You must click this link to complete the registration process and gain access to the KMC service.
- • As a member of the KMC service, you agree to use the service in accordance with these T&Cs and any applicable laws and regulations.
- • You are responsible for maintaining the confidentiality of your account information, including your password and any security PINs issued by the KMC service. You must notify us immediately if you suspect any unauthorized use of your account.
Description of the KMC Product
- • The KMC product provides members with access to monthly free data bundles, through the KMC portal. The data bundles are delivered directly to the member’s registered mobile phone number, provided that the number is active and RICA-registered.
- • The free data bundle options available to members include 1GB, 2GB, 5GB, 6GB of anytime data. The specific amount of data you receive each month is determined by the option you select during the data access process.
- • Each member is entitled to one free data bundle per month (limited to 8 per annum). This data is valid for 30 days from the date of successful loading onto your mobile number. Any unused data will expire at the end of this period and will not carry over to the next month.
- • The free data bundle cannot be transferred, sold, or exchanged for cash or any other consideration. Members are limited to one free data bundle per month, and any attempt to obtain additional free data by fraudulent means will result in the termination of your membership.
- • You cannot purchase additional data bundles through the KMC portal.
Process for Accessing Data
- • Upon successfully registering for the KMC service, you will receive a welcome SMS containing a link to the KMC portal. After logging in, you must agree to the T&Cs by clicking the “Agree” button.
- • Next, you will be prompted to request a security PIN, which will be sent to your registered email address. Enter the PIN in the KMC portal to proceed to the data access point, where you can select your desired data bundle size.
- • For your security, and to ensure the integrity of the KMC service, we have implemented a multi-layer verification process. This includes the use of a security PIN and a one-time password (OTP) sent to your mobile phone number.
- • These verification steps are designed to protect your account from unauthorized access and to ensure that the data you receive is being sent to the correct mobile number.
- • Once you have successfully completed the verification process and selected your data bundle, the data will be automatically recharged to your mobile number. The typical delivery time for data is between 15 minutes and one hour, although the service level agreement allows for up to 24 hours in the event of delays.
- • If you experience any issues with the delivery of your data, please contact our customer service team for assistance.
Service Availability
- • The KMC service is available during standard business hours, Monday to Friday, excluding public holidays. Data requests submitted outside of these hours will be processed on the next business day.
- • We reserve the right to temporarily suspend the KMC service for maintenance, upgrades, or other operational reasons. In the event of such a suspension, we will make every effort to notify members in advance and to minimize any disruption to the service.
- • The KMC service is accessible across South Africa, provided there is mobile network coverage. It is your responsibility to ensure that your mobile device and SIM card are compatible with the data bundles provided through the KMC service.
- • The KMC service is only available to members with prepaid SIM cards or certain top-up contracts. Full contract SIM cards are not eligible for the KMC service. Members must ensure that their SIM cards are active, RICA-registered, and capable of receiving the data provided through the KMC service.
Usage Limitations
- • The free data bundle provided each month expires 30 days after it has been successfully loaded onto your mobile number. Any unused data will be forfeited at the end of this period and cannot be carried over to the following month.
- • The KMC service is designed for personal use only. Data bundles cannot be transferred, sold, or exchanged for cash or any other consideration. Any attempt to circumvent these limitations may result in the suspension or termination of your membership.
- • The data bundles provided through the KMC service are intended for the use of the registered member only. You may not transfer, sell, or otherwise distribute the data to any other person or entity.
- • If we detect any unauthorized or fraudulent activities related to the transfer or sale of data bundles, we reserve the right to take appropriate action. This may include, but is not limited to, the suspension or termination of your membership, reporting the activity to relevant authorities, and pursuing legal action where necessary.
- • The KMC service is designed for individual use and is not intended for commercial purposes. Using the service to resell data or to provide data services to third parties is strictly prohibited and will be considered a breach of these Terms and Conditions.
- • As a member of the KMC service, you are entitled to one free data bundle per calendar month. Attempting to obtain more than one free data bundle per month through multiple accounts, fraudulent means, or any other method is strictly prohibited.
- • If we discover that a member is attempting to bypass this policy, we may take corrective action, including revoking access to the KMC service, suspending or terminating the member’s account, and reporting the activity to the relevant authorities.
Abuse and Misuse of the Service
- • Members are prohibited from engaging in any activity that compromises the security, integrity, or availability of the KMC service. This includes, but is not limited to:
- Hacking or attempting to gain unauthorized access to the KMC portal or any related systems.
- Distributing viruses, malware, or any other harmful software that could disrupt the KMC service.
- Using automated systems or bots to access, purchase, or redeem data bundles.
- Engaging in any activity that constitutes harassment, abuse, or fraud, including the submission of false information during the registration or data access process.
- Members must also refrain from using the KMC service for any illegal activities, including but not limited to activities that violate South African law, the laws of any jurisdiction in which the member resides, or any international laws or regulations.
- • If we determine that a member has engaged in any prohibited activities or has otherwise misused the KMC service, we reserve the right to take any or all of the following actions:
- Immediate suspension or termination of the member’s KMC account.
- Revocation of any data bundles obtained through fraudulent or unauthorized means.
- Reporting the member’s activities to law enforcement or regulatory authorities for further investigation and potential legal action.
- In the event of account suspension or termination due to misuse, the member will not be entitled to any refund or compensation for any data bundles or other benefits associated with the KMC service.
- • If you become aware of any misuse or abuse of the KMC service, or if you believe that your account has been compromised, please contact our customer service team immediately. We take reports of abuse seriously and will investigate any claims promptly.
- • Members who report abuse or misuse may be asked to provide additional information or evidence to assist in our investigation. We are committed to protecting the privacy and security of our members, and any information provided in connection with a report of abuse will be handled in accordance with our Privacy Policy.
Legal and Regulatory Compliance
- • The KMC service is designed to comply with the Consumer Protection Act, 2008 (“CPA”). The CPA provides consumers with specific rights and protections, including the right to fair and honest dealings, the right to privacy, and the right to choose and access goods and services.
- • As a member of the KMC service, you have the right to:
- Receive clear and accurate information about the services provided, including any applicable terms and conditions.
- Be treated fairly and not be subject to any unfair, misleading, or deceptive practices.
- Cancel your membership within a reasonable time period if you believe that the KMC service does not meet the expectations set out in these T&Cs.
- We are committed to upholding the principles of the CPA and ensuring that our members have a positive and transparent experience with the KMC service. If you have any concerns about your rights under the CPA, please contact our customer service team for assistance.
- • The Protection of Personal Information Act, 2013 (“POPIA”) governs the collection, processing, storage, and sharing of personal information in South Africa. As part of the KMC service, we collect and process certain personal information from our members, including but not limited to names, email addresses, and mobile phone numbers.
- • We are committed to protecting your personal information in accordance with POPIA and our Privacy Policy. This includes:
- Collecting personal information only for legitimate purposes related to the provision of the KMC service.
- Ensuring that your personal information is kept secure and confidential, using appropriate technical and organizational measures.
- Providing you with the right to access, correct, or delete your personal information, as well as the right to object to the processing of your personal information.
- By using the KMC service, you consent to the collection, processing, and storage of your personal information as described in these T&Cs and our Privacy Policy. If you have any questions or concerns about how we handle your personal information, please contact our Data Protection Officer.
- • The Independent Communications Authority of South Africa (“ICASA”) is responsible for regulating the telecommunications industry in South Africa. The KMC service operates in compliance with all relevant ICASA regulations, including those related to the provision of mobile data services.
- • As part of our compliance with ICASA regulations, we are required to ensure that:
- The KMC service is provided in a manner that is fair, transparent, and non-discriminatory.
- Members have access to clear and accurate information about the terms and conditions of the KMC service, including any fees, charges, or limitations associated with the service.
- The quality of service provided to members meets the standards set out by ICASA, including requirements related to network availability, data speed, and customer support.
- In the event of any disputes or complaints related to the KMC service, members have the right to escalate their concerns to ICASA. We are committed to resolving any issues in a timely and fair manner, in accordance with ICASA’s guidelines and procedures.
Privacy and Data Protection
- • As part of the registration and use of the KMC service, we collect certain personal information from our members. This includes, but is not limited to, your name, email address, mobile phone number, and any other information you provide during the registration process.
- • The collection of this information is necessary for the provision of the KMC service, including verifying your identity, delivering data bundles, and communicating with you about your account. We may also collect information related to your use of the KMC portal, including login history, data usage, and transaction records.
- • Your personal information will be used primarily for the purpose of providing the KMC service to you. This includes:
- Processing your registration and managing your account.
- Delivering data bundles to your mobile number.
- Sending you important notifications and updates related to your account and the KMC service.
- Responding to your inquiries and providing customer support.
- We may also use your personal information for internal purposes, such as data analysis, research, and improving the KMC service. In some cases, we may aggregate or anonymize your personal information for reporting or research purposes, in which case it will no longer be identifiable as your personal information.
- • We take the security of your personal information seriously and have implemented appropriate technical and organizational measures to protect it from unauthorized access, use, or disclosure. This includes encryption, secure servers, and access controls.
- • Despite our efforts to protect your personal information, no security system is completely impenetrable. Therefore, we cannot guarantee the absolute security of your personal information, and you acknowledge that you provide your personal information at your own risk.
- • If we become aware of a security breach that affects your personal information, we will notify you in accordance with applicable laws and regulations, and we will take appropriate steps to mitigate the impact of the breach.
- • We do not sell or rent your personal information to third parties. However, we may share your personal information with trusted third parties for the following purposes:
- To process payments and deliver data bundles to your mobile number.
- To provide customer support and manage your account.
- To comply with legal obligations or respond to lawful requests from government authorities.
- Any third parties with whom we share your personal information are required to protect your information in accordance with applicable laws and our Privacy Policy. We only share the minimum amount of information necessary to fulfill the purposes for which it is being shared.
- • Despite our efforts to protect your personal information, no security system is completely impenetrable. Therefore, we cannot guarantee the absolute security of your personal information, and you acknowledge that you provide your personal information at your own risk.
- • If we become aware of a security breach that affects your personal information, we will notify you in accordance with applicable laws and regulations, and we will take appropriate steps to mitigate the impact of the breach.
- • Under POPIA, you have certain rights related to your personal information, including the right to:
- Access your personal information and request a copy of the information we hold about you.
- Correct any inaccuracies in your personal information.
- Correction of Information: If any of the personal information we hold about you is incorrect, incomplete, or outdated, you have the right to request that we correct or update this information. You can submit such requests through our customer service team or by updating your details via the KMC portal.
- Deletion of Information: You have the right to request the deletion of your personal information from our systems if you believe that it is no longer necessary for the purposes for which it was collected, or if you withdraw your consent to our processing of your information. We will comply with such requests unless we are required by law to retain the information or have other legitimate grounds for doing so.
- Objection to Processing: You may object to the processing of your personal information if you believe that such processing is not justified by legitimate interests or is otherwise unlawful. If you raise such an objection, we will review your request and stop processing your information unless we have compelling legitimate grounds to continue.
- Portability of Information: In some cases, you may have the right to receive your personal information in a structured, commonly used, and machine-readable format, and to transmit that information to another service provider where technically feasible.
- Right to Withdraw Consent: Where we rely on your consent to process your personal information, you have the right to withdraw that consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we carried out before your withdrawal, but it may impact your ability to use the KMC service.
- Complaints: If you believe that we have not complied with your rights under POPIA or other applicable data protection laws, you have the right to lodge a complaint with the Information Regulator or any other relevant supervisory authority.
Data Retention Policy
- • We will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including to meet any legal, accounting, or reporting requirements. The retention period for your personal information is determined by the nature of the information and the purposes for which it was collected.
- • For example, we will retain your account information for as long as your KMC membership remains active. If you terminate your membership or if your account is suspended or deactivated, we may retain your information for a reasonable period of time to comply with legal obligations, resolve disputes, or enforce our agreements.
- • Once your personal information is no longer necessary for the purposes for which it was collected and we are not required by law to retain it, we will securely destroy or anonymize the information in accordance with our data retention policy. We will use appropriate measures to ensure that the destruction or anonymization of your personal information is carried out securely and in a manner that prevents unauthorized access or use.
- • If you request the deletion of your personal information, we will follow our standard procedures for deleting the information, taking into account any applicable legal requirements or legitimate interests that may justify the retention of certain information.
Intellectual Property Rights
- • All intellectual property rights, including trademarks, logos, service marks, patents, copyrights, and trade secrets, related to the KMC service, the KMC portal, and any content, materials, or software provided through the service, are owned by or licensed to us. These rights are protected by applicable intellectual property laws, and any unauthorized use of our intellectual property is strictly prohibited.
- • You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the KMC service and the KMC portal for your personal, non-commercial use in accordance with these T&Cs. This license does not grant you any ownership rights in our intellectual property.
- • You may not use, reproduce, distribute, modify, display, or create derivative works based on our intellectual property without our prior written consent. This includes, but is not limited to, using our trademarks or logos in any manner that could cause confusion or suggest endorsement by us.
- • If you wish to use any of our intellectual property for purposes not expressly permitted by these T&Cs, you must obtain our prior written permission. Unauthorized use of our intellectual property may result in legal action, including claims for damages.
- • If you submit any content, such as reviews, comments, or suggestions, to the KMC portal or our social media channels, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content worldwide in any media.
- • You represent and warrant that any content you submit is your original work, that you have the right to grant the above license, and that the content does not infringe the rights of any third party. You agree to indemnify us against any claims arising from the content you submit.
- • We reserve the right to remove or modify any content submitted by users that we consider to be inappropriate, offensive, or in violation of these T&Cs.
Liability and Disclaimers
- • To the maximum extent permitted by applicable law, we, our affiliates, and our respective officers, directors, employees, agents, and service providers will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the KMC service.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the KMC service.
- Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the KMC service by any third party.
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the KMC service.
- In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount you have paid us in the last six months, or, if greater, the amount of R1,000.
- • The KMC service is provided “as is” and “as available” without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
- • We do not warrant that the KMC service will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the KMC service in terms of its correctness, accuracy, reliability, or otherwise.
- • Any content downloaded or otherwise obtained through the use of the KMC service is done at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from the download of any such content.
Indemnification
- • You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, and service providers from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
- Your access to or use of the KMC service.
- Your violation of these T&Cs.
- Your violation of any law or the rights of any third party.
- Any content you submit to the KMC portal or our social media channels.
- We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
Termination and Suspension
- • You may terminate your KMC membership at any time by providing us with written notice through the KMC portal or our customer service team. Upon termination, you will no longer have access to the KMC service, and any unused data bundles or other benefits will be forfeited.
- • Termination of your membership will not relieve you of any obligations or liabilities that arose prior to the termination, including any payment obligations or indemnity commitments.
- • We reserve the right to terminate or suspend your KMC membership at any time, with or without cause, and with or without notice. Reasons for termination or suspension may include, but are not limited to:
- Violation of these T&Cs or any applicable laws or regulations.
- Engaging in fraudulent, abusive, or harmful activities.
- Failure to pay any fees or charges associated with your KMC membership.
- Providing false or misleading information during the registration process.
- If we terminate or suspend your membership, you will not be entitled to any refund or compensation for any unused data bundles or other benefits associated with the KMC service. We also reserve the right to take any legal action necessary to enforce these T&Cs or to protect our rights.
- • Upon termination of your KMC membership, you will no longer have access to the KMC portal or any services provided through the KMC service. Any licenses granted to you under these T&Cs will immediately cease, and you must stop