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Melon Mobile Terms of Use

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1. About these terms

1.1 These Terms of Use ("Terms") apply to your useof the Melon mobile service, the Melon app and the Melon website (together, the"Service").

1.2 The Service is provided by Melon Mobile ProprietaryLimited (registration number 2023/959335/07) ("Melon","we", "us" or "our"). Our Service runs on the MTNnetwork.

1.3 By signing up for, activating or using the Service, youagree to these Terms. If you don't agree, please don't use the Service.

1.4 Some Plans and promotions have their own terms andconditions, including Unlimited plans, Gig A Day, the 30-day free trial and ourcurrent promotions. These apply together with these Terms. If they conflict,the specific terms apply to that Plan or promotion.

1.5 Clauses in bold limit our liability, place risk on you orrequire you to indemnify us. Please read them carefully.

2. Definitions

2.1 "Plan" means the bundle of data, minutes and SMSyou choose, including Unlimited plans, Build Your Own Plan, Gig A Day andfamily plans.

2.2 "Plan Period" means one month from the date wereceive your payment for a Plan.

2.3 "SIM" means a physical SIM card or an eSIMissued by Melon, and the mobile number linked to it.

2.4 "Account" means your Melon customer profile,including every line linked to it.

2.5 “User/You/Your” means the individual who receives theService.

2.6 “Personal Information” shall have the meaning as definedin the Protection of Personal Information Act 4 of 2013 (POPIA).

2.7 “App” means the Melon App, downloadable for electronicdevices.

2.8 “Force Majeure” shall mean any event which liesoutside of our reasonable control and could not have been anticipated orprevented through due care, including but not limited to act of God, strike,theft, riots, explosion, insurrection or other similar disorder, war (whetherdeclared or not) or military operations, cyber attack, the downtime of anyexternal telecommunications line (including network partner outages), powerfailure (including load shedding), international restrictions, any requirementof any international authority, any requirement of any government or othercompetent local authority, or any court order.

3. Your Personal Information

3.1 We collect, use and protect your personal information,including the information RICA requires, in line with the Protection ofPersonal Information Act 4 of 2013 (POPIA) and our Privacy Policy, available atmelonmobile.co.za/personal/legal/legal.

3.2 By accessing and/or using the Service, you confirm thatyou have told the family members and other people who use SIMs on your Accountthat we will process their personal information to provide the Service, in linewith our Privacy Policy.

3.3 You can opt out of marketing at any time by using theopt-out or unsubscribe option in any marketing message, or by contacting us.

3.4 You may not collect or harvest personal information aboutother users of the Service.

4. Registration and your Account

4.1 You must be 18 or older to open an Account. The Accountholder is responsible for every line on the Account, including lines used byfamily members or devices.

4.2 The information you give us must be accurate, complete andkept up to date.

4.3 Each person must register their own Account. You may notlet anyone else use your Account login.

4.4 You are responsible for everything done on your Accountand the SIM linked to it.

4.5 You must keep your password and login detailsconfidential. If you think someone has accessed your Account withoutpermission, contact us immediately on WhatsApp at 060 015 0023 or atlegal@melonmobile.co.za.

4.6 You are responsible for all activity on your Accountuntil you tell us about unauthorised access, and you indemnify us against anyloss that results from it, unless the loss was caused by our negligence.

5. RICA

5.1 The Regulation of Interception of Communications andProvision of Communication-Related Information Act 70 of 2002 (RICA) requiresevery SIM to be registered to a verified person.

5.2 You must complete RICA for each SIM in the Melon app or onthe Melon website before the SIM can be used.

5.3 We review every RICA submission and activate the SIM onceit is verified. A physical SIM can take up to 24 hours to activate. An eSIMusually activates within 2 hours. If we can't verify your details, we can'tactivate the SIM.

5.4 You must keep your RICA details up to date and tell usimmediately if a SIM is lost or stolen.

6. Plans, payment and data

6.1 All Plans are month-to-month. There is no fixed-termcontract.

6.2 Each Plan runs for one Plan Period of one month from thedate we receive your payment.

6.3 We accept payment by credit or debit card. When you buy aPlan or a top-up, you authorise us to charge your card. Your Plan renews at theend of each Plan Period and is charged to the same card, unless you cancelbefore the renewal date. All prices include VAT.

6.4 You can top up at any time in the app. If you change yourPlan, the new Plan starts at the end of your current Plan Period.

6.5 The data, minutes and SMS on your Plan expire at the endof each Plan Period.

6.6 Unlimited plans include unlimited calls and SMS for normalpersonal use, subject to the Fair Use Policy in clause 7.

6.7 We may change our prices or Plans. We will give youreasonable advance notice before a plan and/or price change affects your Plan.If you don't accept the change, you can cancel before it takes effect.

6.8 You can cancel your Plan at any time in the app or bycontacting us. Your Service continues until the end of your current Plan Periodand then does not renew. Gig A Day Plans are paid upfront and cannot becancelled or refunded once activated.

7. Fair Use Policy – Unlimited voice and SMS

7.1 Unlimited Plans include unlimited voice calls and SMS fornormal personal and private use.

7.2 To protect the Service from excessive, automated,commercial or other non-personal use, each Unlimited Plan has a Fair Usethreshold for each Plan Period:

• 5GB Unlimited: 750 minutes and 750 SMS

• 10GB Unlimited: 1,000 minutes and 1,000 SMS

• 15GB Unlimited: 1,500 minutes and 1,500 SMS

• 25GB Unlimited: 2,000 minutes and 2,000 SMS

• 50GB Unlimited: 2,500 minutes and 2,500 SMS

7.3 The Fair Use threshold is not a cap and not a fixedallocation of minutes or SMS. Reaching it does not stop your calls or SMS, andyou may continue to use the Service.

7.4 If your usage exceeds the threshold, we may review it todecide whether it is consistent with normal personal and private use. In ourreview, we may consider the volume, frequency, duration and pattern of yourusage, and any other information reasonably relevant to how the Service isbeing used.

7.5 If we are satisfied that your usage is normal personal andprivate use, no action is needed and you may continue to use your UnlimitedPlan as usual.

7.6 If we reasonably determine that the Service is being usedfor commercial purposes, automated calling or messaging, resale, fraud, or anyother purpose inconsistent with normal personal use, we will contact you wherereasonably possible and give you an opportunity to respond. We may then takereasonable steps under these Terms, including:

• moving you to a more appropriate Plan;

• restricting or suspending the affected service;

• ending the Service, where appropriate.

7.7 This Fair Use Policy applies to voice calls and SMS. Dataon an Unlimited Plan is limited to the data allocation of that Plan.

8. Melon Wallet and refunds

8.1 Your Account includes a Melon Wallet. You can use thecredit in your Wallet to pay for Plans and top-ups in the app.

8.2 If you cancel a Plan, top-up or order by mistake, or wereverse or credit a payment for any other reason, the amount is credited toyour Melon Wallet. It is not refunded to your card or bank account, except asset out in clause 8.5.

8.3 Wallet credit does not expire. It can't be exchangedfor cash or transferred to another person or Account.

8.4 Fees for a Plan Period that has already started are notrefunded or credited for unused data, minutes or SMS.

8.5 We will refund you to your original payment method wherethe law requires it, including where:

• you are entitled to cancel a purchase under theElectronic Communications and Transactions Act 25 of 2002 or the ConsumerProtection Act 68 of 2008;

• we charged you in error, or charged you more than oncefor the same thing;

• we can't provide the Service you paid for.

8.6 To request a refund under clause 8.5, contact us onWhatsApp at 060 015 0023. Approved refunds are paid within 30 days to youroriginal payment method or, where that is not possible, to a bank account inyour name, which we may verify by asking for a bank confirmation letter.

9. Promotions

9.1 From time to time we run promotions, such as the 30-dayfree trial and Refer a Friend. Each promotion has its own terms and conditions,published on our website at melonmobile.co.za, which must be read inconjunction with these Terms.

9.2 We may change or end a promotion at any time. This won'taffect rewards you have already qualified for.

9.3 Promotional rewards can't be exchanged for cash unless thepromotion's terms say so. We may withhold or reverse a reward if we reasonablybelieve a promotion has been abused or used fraudulently.

10. SIMs, eSIMs and porting

10.1 Your SIM may be used only with the Service. You may notsell or transfer it.

10.2 Physical SIMs are delivered within 1 to 3 business days.

10.3 SIM order fees: A fee of R30 applies to each order placedunder the 30-day free trial, for both eSIMs and physical SIMs. On paid Plans, adelivery fee of R30 applies to each order that includes a physical SIM. Thereis no delivery fee for eSIM orders on paid Plans. All fees include VAT.

10.4 eSIM: To move your eSIM to a new device, contactus and we will reissue it. You can switch between a physical SIM and an eSIM.

10.5 Porting: You can bring your existing number toMelon in the app. The number must be a prepaid number, and any contract withyour previous provider must be cancelled first. You confirm the port with aone-time PIN sent to your old SIM. Ports usually go through between 19:30 and22:00. Porting follows the ICASA Number Portability Regulations.

10.6 Lost or stolen SIMs: Tell us as soon as possibleso we can suspend the SIM. You are responsible for use of the SIM until youhave told us.

10.7 Inactive SIMs: If a SIM is not used for threeconsecutive months, we may cancel it. The number may then be recycled andissued to someone else, and it may not be possible to recover it. To use theService again, you will need a new SIM.

11. Family plans

11.1 You can add up to 9 SIMs to your Account, for familymembers or smart devices, so that one Account holds up to 10 SIMs. Each SIM canhave its own Plan.

11.2 The Account holder pays for every SIM and is responsiblefor how each one is used (both in terms of RICA and these Terms). Every SIMmust be RICA'd.

12. Acceptable Use Policy

12.1 You and each family member on your Account must use theService lawfully, and in full compliance with all applicable laws, statutes andregulations at all times.

12.2 You and your family members may not use the Service, theapp or the website, or permit them to be used by any third party, for anyharmful, unlawful or illegal purpose. In particular, you may not:

• impersonate anyone or use a false identity;

• send spam or unsolicited commercial messages, includingbulk SMS;

• commit fraud;

• conduct any fraudulent and/or unlawful activity orscheme (including but not limited to pyramid schemes, Ponzi schemes or chainletters);

• resell the Service, or use it to run a commercialtelecommunications service, such as a SIM box, without our written consent;

• harvest personal information about other users;

• use robots, scrapers or data-mining tools on the app orwebsite;

• decompile, reverse engineer or interfere with the app,the website or the network;

• upload or send viruses or other harmful code;

• break any law, including RICA, POPIA and theCybercrimes Act 19 of 2020.

12.3 If you break this clause, we may suspend or end yourService under clause 19.

13. Intellectual property

13.1 We, or our licensors, own all intellectual property andcopyright in the app, the website and their content, including text, graphics,logos, icons and software. The Melon name and logo are our trade marks.

13.2 We give you a limited, non-exclusive, non-transferablelicence to use the app and website for your personal use of the Service.

13.3 You may not copy, reproduce, modify, distribute or createderivative works from any part of the app or website, or remove any copyrightor trade mark notice, without our written consent.

13.4 If you send us ideas or feedback, we may use them withoutpaying you.

14. Links to other websites

14.1 The app and website may link to third-party websites. Wedon't control those sites and aren't responsible for their content, products orprivacy practices.

14.2 You may link to our website's home page, but you may notframe our content or suggest that we endorse you without our written consent.

15. Unauthorised Access

15.1 You may not try to gain unauthorised access to theService, our systems or any other user's Account, or test our security withoutour written permission.

15.2 We may investigate any suspected security breach andreport it to the relevant authorities.

16. Network and Service Availability and Security

16.1 We exercise generally accepted standards of technologyand operational security in order to protect the Service operating off ourvarious systems and processes, including any Personal Information that may beinvolved, from loss, misuse, misappropriation, alteration or destruction.Unfortunately, the transmission of data via electronic messaging (including theinternet) is not always completely secure. Accordingly, we cannot fullyeliminate security risks associated with the storage and transmission ofPersonal Information. If your Personal Information is compromised, we willnotify you and the Information Regulator as POPIA requires.

16.2 We aim to keep the Service available at all times.Coverage and speeds depend on your location, network conditions, your deviceand our network partner. We can't guarantee uninterrupted or error-freeservice.

16.3 We may need to carry out maintenance or make changes tothe Service. Where we reasonably can, we will tell you in advance about plannedwork that will noticeably affect you.

16.4 We take reasonable care to keep the information in theapp and on the website accurate and up to date. If you notice an error, pleasetell us.

17. Warranties and liability

17.1 Except as set outin these Terms or required by law, we make no representations or warranties ofany kind, express or implied, as to the operation of the App or theinformation, content, materials, and/or products and services. Your use of theApp is subject to our Fair Use Policy and Acceptable Use Policy.

17.2 To the full extent permissible byapplicable law, we disclaim all warranties, express or implied, save for thoseset out in these Terms and those that cannot be excluded under the ConsumerProtection Act 68 of 2008.

17.3 While we take every reasonable precaution,we do not warrant that the App or our communications are free of viruses orother harmful components, and our liability for any loss they cause is limitedas set out in clauses 17.5 and 17.6.

17.4 Except as set out in these Terms orrequired by law, neither Melon, nor its directors, employees, officers,suppliers, service providers, subsidiaries or associates, makes anyrepresentations or warranties of any kind (including but not limited to expressor implied representations or warranties) as to the operation of the App or theinformation, content, materials or products included on the App.

17.5 Accordingly, to the extent the law allows:

(a) the Service is provided "as is". We make nowarranties other than those in these Terms or required by law, including theConsumer Protection Act 68 of 2008;

(b) we are not liable for any indirect, special orconsequential loss, or for loss of profit, income or data, arising from youruse of, or inability to use, the Service;

(c) our total liability to you for any claim is limited tothe Plan fees you paid in the 3 months before the claim arose.

17.6 Nothing in these Terms limits our liability for losscaused by our gross negligence or wilful misconduct, or any liability thatcannot be limited by law.

17.7 We have taken all reasonable steps to ensure that alldata described or depicted on the App is current, complete and accurate;however, content errors may occur. Accordingly, we make no guarantees as to theaccuracy or completeness thereof at all times. Any specific queries regardingthe data contained therein may be directed to us in writing, and we shallprovide the required clarification in writing. All data described or depictedon the App is given on the basis that all errors and omissions therein areexcluded.

18. Indemnity

18.1 You indemnify us against any loss, damage, claim orcost we suffer because you broke these Terms, used the Service unlawfully orinfringed anyone else's rights, except to the extent the loss was caused by us.

19.Suspension and termination

19.1 You can cancel your Plan at any time under clause 6.8.

19.2 We may suspend or end your Service, or any SIM on yourAccount, if:

• you break these Terms and don't fix the breach within 7days of our notice;

• your RICA details can't be verified;

• we reasonably suspect fraud, abuse or illegal use;

• we are required to by law, a regulator or a court.

19.3 We will give you notice and our reasons before suspendingor ending your Service, unless the situation is urgent (such as suspectedfraud) or the law prevents us. In urgent cases, we will tell you as soon as wereasonably can.

19.4 We may stop offering the Service, the app or a Plan. Ifwe do, we will give you at least 30 days' notice.

20. Events beyond our control

20.1 We are not responsible for failing to provide the Serviceas a consequence of a Force Majeure.

20.2 To the extent that we are prevented from fulfilling anyof our obligations in respect of delivering the Service to you as a result ofany Force Majeure, then those obligations shall be deemed to have beensuspended to the extent that and for as long as we are prevented fromfulfilling them by virtue of such event. Our failure to deliver the Service,either in part or in total, as a result of such a Force Majeure, shallnot excuse you from paying for those parts of the Service which we do provideto you up to and following such event.

20.3 If such an event lasts more than 30 days, either of usmay end the Service by giving notice.

21. Complaints and Disputes

21.1 If you have a complaint, contact us on WhatsApp or byphone at 060 015 0023. We will acknowledge your complaint promptly and aim toresolve it within the timeframes set by ICASA's regulations.

21.2 If you're not satisfied with how we handled yourcomplaint, you can escalate it to the Independent Communications Authority ofSouth Africa (ICASA).

21.3 Nothing in these Terms affects your rights under theConsumer Protection Act 68 of 2008, including your right to approach theNational Consumer Commission or a consumer court.

22. Changes to these Terms

22.1 We may update these Terms in our sole discretion fromtime to time.

22.2 We will give you reasonable advance notice of any changethat materially affects you, by SMS, email or in the app. If you keep using theService after the change takes effect, you accept the updated Terms. If youdon't accept them, you can cancel the Service under clause 6.8.

23. General

23.1 These Terms, together with our Privacy Policy and theterms of any Plan or promotion you use, are the whole agreement between you andus about the Service.

23.2 These Terms shall be governed by and construed inaccordance with the laws of the Republic of South Africa.

23.3 If any part of these Terms is found to be invalid, therest remains in force.

23.4 If we don't enforce a right under these Terms straightaway, we don't give up that right.

23.5 You may not transfer your rights or obligations underthese Terms without our written consent.

24. Address for legal notices

24.1 We choose the following address for legal notices:

Melon Mobile Proprietary Limited

South Gate Office Park, TygerWaterfront, Pro Sano Park, Fountain Road, Carl Cronje Drive, Bellville, WesternCape, 7530

Email: legal@melonmobile.co.za

24.2 We may send notices to you at the email address or mobilenumber on your Account.