*Subject to Fair Use and Acceptable Use Policy set out In Terms of Use below.
*Top Up Data, Voice and SMS is subject to 30-day expiry.
*Data, Voice and SMS on BYOP is subject to 30-day expiry.
By selecting andusing any of the Melon Business Uncapped Plans, or any of the Melon BusinessTop-Up Bundles, the Melon Business Users agree to be bound by these specificTerms and Conditions, read together with the Melon Business Terms of Usehereunder. General
1. For purposes of these Terms and Conditions:
a. “Melon” shall mean Melon Mobile Business Proprietary Limited, a company duly incorporated in South Africa, with Registration Number: 2023/052122/07;
b. “Uncapped Plan/s” shall mean the combination of Data, Voice minutes and SMS, as set out in the Plan detail above for the retail price as set out in the Plan Schedule above;
c. “Services” shall mean, individually or collectively as the context may denote, the Data, Voice and/or SMS of the selected Melon Business Uncapped Plan, or the Top-Up Bundle selected and purchased by the User;
d. “Terms” shall mean the Melon Terms of Use as below;
e. “T&C’s” shall mean these Terms and Conditions, together with the Terms, and should there be any conflict between these T&C’s and the Terms, the provisions of the Terms shall prevail;
f. “Top-Up Bundle” shall mean the selected top-up of Data, Minutes or SMS’s, for the applicable retail price as set out in the Top-Up Bundle Schedule above
g. “User” shall mean the legal entity or business who subscribes to a Melon Plan, in terms of these T&C’s and subject to the Terms.
2. The Melon Business Uncapped Plansand Top-Up Bundles rates as set out above shall apply until amended by Melon, as published on the Melon Website and/or App.
3. The Melon Business Uncapped Plansand Top-Up Bundles are subject to Melon’s Fair Use and Acceptable Use Policy,as set out in the Terms below.
4. Melon reserves the right to change or amend these termsand conditions at any time, provided that, where a change is material, it willbe subject to reasonable prior written notice published on its website.
5. Melon reserves the right to suspend any Service providedunder these Plans or Top-Up Bundles, or to terminate the provision of the Services in the event of suspected abuse or fraudulent usage, or breach of the Fair Use and/or Acceptable Use Policy.
6. Melon reserves the right to limit the Service in areaswhere there is limited network capacity (high congestion) in order to maintain consistent quality of services.
7. Melon reserves the right to alter or terminate the Service in order toprevent a catastrophic impact on the network.
8. Melon will use all reasonable endeavours to provide the Service, however it does not commit to the uninterrupted supply of the Service, due to potential capacity limitations on the network.
9. The Melon Business Uncapped Plans and Top-Up Bundles are available to all businesses and/or legal entities who have a Melon SIM, for use in a mobile phone only, or who have ported an existing SIM to Melon Business in terms of their existing service provider’s terms. The Melon Business Uncapped Plans and Top-Up Bundles are available to all businesses and/or legal entities who have a Melon SIM, for use in a mobile phone only, or who have ported an existing SIM to Melon Business in terms of their existing service provider’s terms.
10. Melon shall have the right to immediately disconnect and suspend the Services linked to a SIM of any ineligible customer or where the Services are suspected of being used for anexcluded application or purpose or beyond the Fair Use and Acceptable Use Policy.
Access The Melon Business Portal and complete the registration process, which will require the Business’s director/member/owner/partner ID, Company Registration documents, and card/bank details for payment;
Complete the on-boarding journey to become a Melon customer;
Select the preferred Plan, click continue and order the plan;
Accept these T&C’s and Terms;
Once payment is successful, your Plan will be updated.
Once activated, the User shall receive and be entitled to use the Services selected and paid for, provided that the User is not in breach of these T&C’s.
The User will only need to sign in once, and accept these T&C’s and Terms, in order to participate in and enjoy the benefits of the Melon Business Plans.
16. Melon’s Fair Use Policy, as set out in the Terms, is solely intended toensure and protect the integrity of its network.
17. Melon’s Acceptable Use Policy, as set out in the Terms, is likewise intended to protect the Melon network, and the community as a whole from improper and/or illegal activity.
18. These T&C’s and Terms must be read in conjunction with Melon Business’ Standard Terms and Conditions, Terms of Use (as below) and Privacy Policy, which applies to all Users and/or Melon Business Customers, and whichis freely available on the Melon website at https://www.melonmobile.co.za.
19. The User must be registered and signed-up with Melon and be in possession of a Melon SIM, and follow the process set out above in order to access the Services.
20. The Services are not transferable and may only be utilised by the Melon SIM card associated with the Services, used in a mobile phone by a registered User.
21. The User may terminate or cancel the Services at any time, but shall not be entitled to a refund from Melon inrespect of any unused services for the remainder of the period, or in respect of any estimated usage of theservices.
22. In the event that Melon terminates the Services due toa breach of these T&C’s or Terms, the User shall not be entitled to any refund.
23. Melon does not accept any liability or responsibility in respect of any misapplication of the Plan, whether by the User or any other third party, or any errors that lie beyond their control;
24. Melon reserves the right at any time to amend these T&C’s and Terms of Use;
25. These T&C’s and Terms shall be governed by and construed in accordance with the laws of South Africa.
26. Any disputes arising out of this promotion shall be resolved by way of mediation between the participantand Melon, and the value of any dispute shall be limited to the value of theretail price (incl VAT) associated with the selected Service in terms of the Melon Plan or Top-Up Bundle, as may be applicable, for one month only.
Melon Mobile Business (Pty) Ltd (hereinafter “Melon Business”) welcome the subscribed legal entity and/or business as a User (hereinafter the “User”) of the Services provided via the Melon Business’ website, web-based application and/or mobile application (the “Application”). Melon Business is providing the Services (hereinafter “Services” which shall mean and include allMelon Business Plans and/or Top-Up Bundles for data, voice minutes and SMS) to the User, subject to these Terms of Use, the Melon Business Plans Terms and Conditions (as above), Melon Business’ Standard Terms and Conditions and its Privacy Policy (collectively known as the“Terms”). For the purposes of these Terms, the “User” shall refer to, and include, any natural or legal person subscribing to and/or using Melon Business’ Services, and/or their representatives.
The Terms, as may be amended from time to time, are effective from 1 November 2023 and onwards and shall govern both the online and offline access to and use of the Application and related Services for new and existing Users, as it relates to the intellectual property rights owner of the Application (the “Licensor”), the Application’s content suppliers, Melon Business and its associate, Melon Holdings Proprietary Limited with registration number 2022/414601/07 and each of its subsidiaries, and the Services.
These Terms apply to the User’s use of the Application and the Services. The User must read the Terms carefully, and we recommend that the User print and keep a copy for the User’s future reference.
BY ACCESSING, USING AND/OR BROWSING THE APPLICATION AND RELATED SERVICES:THE USER CONSENTS TO THE COLLECTION, STORAGE, USE AND TRANSFER OF THE USER’S PERSONAL INFORMATION, WHICH INCLUDES IF APPLICABLE THE USER’S BIOMETRIC DATA, BY MELON BUSINESS FOR PROCESSING, AS DESCRIBED IN THE PRIVACY POLICY; ANDTHE USER FURTHER AGREE THAT THE USER HAS READ, UNDERSTOOD AND ACCEPTS ALL OF THESE TERMS COLLECTIVELY; ANDTHE USER ACKNOWLEDGES AND CONFIRMS THAT THE REPRESENTATIVE SUBSCRIBING TOOR ENGAGING WITH MELON’S SERVICES, IN ANY MANNER, VIA THE APPLICATION, ON BEHALF OF ANY LEGAL PERSON, IS DULY AUTHORISED AND EMPOWERED AND HAS ALL NECESSARY LEGAL CAPACITY TO DO SO.
We reserve the right to change the Terms as necessity dictates. Continued use of theApplication and related Services implies acceptance of the Terms, as updated from time to time.
As noted above, we are providing the Services to the User, subject to the Terms, which include our Privacy Policy. Please read our Privacy Policy.
As an unregistered user the User might be able to browse the services offered on the website.However, when the User choose to make use of the services offered on the Application, the User will be required to login with a username and password. If the User does not have a username and password the User will be required to register on the Application. Registration requires filling in a short form which will create login details. Once the registration is complete and the User is logged in, the User will then be able to make use of the Services. To the extent that there are any charges associated with the use of the Services, credit card details shall be required, before the Services become available to the User. All first time Users of the Application will be verified and authenticated. The information the User provides must be accurate and complete. The User may not impersonate anyone else, choose names that are offensive or that violate anyone’s rights. If the User doesn’t follow these rules, Melon Business may cancel the User’s account. Every user must register their own account and the User is not entitled to permit anyone other than the User, or the User’s authorised representatives, to use the User’s account.
By registering on the Application, the User expressly consents to Melon Business collecting the User’s personal information provided, and to Melon Business processing the User’s personal information as required to provide the Services subscribed for. This will be done in compliance with the Privacy Policy. By registering on the Application, the User also expressly consents to receive direct marketing from Melon Business about goods or services offered by Melon Business and any other affiliate, or entity within Melon Business and their group of companies.
The User is responsible for maintaining the confidentiality of the User’s password and account and any activities that occur under the User’s account. We will assume that anyone using the Application or transacting through the User’s account is the User or the User’s authorised representative. Melon Business shall not be liable to any User or person for any loss or damage which may arise as a result of any failure by the User to protect the User’s password or account.
The User hereby indemnifies Melon Business from any loss, liability, cost or expense resulting directly or indirectly from any unauthorised person accessing the User’s account, and waives any right to take action against Melon Business, its directors, employees or affiliates in respect of any loss, liability, cost or expense resulting directly or indirectly from any unauthorised person accessing the User’s account, or from any authorised access to the User’s account.
If the User find’s out that someone has used the User’s account without the User’s permission, the User must secure its login details and report the unauthorised access immediately to: legal@melonmobile.co.za.
1. All Melon Business’ Services are subscription based.
2. Your first SIM activation sets your monthly billing cycle. Any additional SIMs activated after this date, including those added on a trial basis, will be prorated to align with your original billing date.
3. The User is not required to sign a contract, and the User can cancel the service at any time, and the service will terminate at the end of the User’s 30day subscription period, with no further notice required.
4. Should the User choose to accept any Melon Business Plan, Top-up Bundle, offer or promotional offer, from time-to-time, the User’s acceptance shall be subject to the additional specific terms and conditions thereof, which shall always be subject to these Terms.
5. In order for the User to comply with the crime prevention initiatives addressed through the Regulation of Interception of Communications and Provisions of Communicated-related Information Act (RICA), the User will be required to RICA the User’s details via the Melon Business Portal.
To do so, for Android users, the User can download the MTN App from the Google Play Store, and for iPhone users, from the Apple App Store. Once the User have downloaded the MTN App, follow the instructions to activate the User’s SIM card.
6. Once the User has submitted the User’s information, the User’s RICA application will be reviewed. If all submitted information was verifiably correct, the User’s MELON SIM card will be validated and thereafter activated.
Melon Business have taken all reasonable steps to ensure that all data described or depicted on the Application and any other information displayed on the Application is current, complete and accurate. However, content errors may occur. The information displayed on the Application is provided without any guarantees, conditions or warranty as to its accuracy or completeness.
To the extent permitted by applicable law, Melon Business disclaim all representations and warranties, express or implied, that content or information displayed in or on the Application is accurate, complete, up-to-date and/or does not infringe the rights of any third party. Data provided by or through Melon Business and/or the Application that is provided by users or third parties, is not verified or audited by Melon Business. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect
Modify or withdraw, temporarily or permanently, the Application (or any part of) with or without notice to the User and the User confirms that Melon Business shall not be liable to theUser or any third party for any modification to or withdrawal of the Application; and/or Change the Terms from time to time, and the User’s continued use of the Application (or any part thereof) following such change shall be deemed to be the User’s acceptance of such change. It is the User’s responsibility to check regularly to determine whether the Terms have been changed. If the User does not agree to any change to the Terms then the User must immediately stop using the Application; and/or Change the Services from time to time.
Melon Business shall use its reasonable endeavors to maintain the Application. The User will not be eligible for any compensation because the User cannot use any part of the Application or because of a failure, suspension or withdrawal of all or part of the Application due to circumstances beyond our control.
Copyright and Intellectual Property Rights
Copyright and all intellectual property rights in relation to the Application, including in all materials, texts, source code, drawings, graphics, icons and any data made available on the Application (collectively “materials”) are owned by the intellectual property rights owner of the Application (the “Licensor”) and is licensed to Melon Mobile Business Proprietary Limited through a licensing agreement between the licensor, its content suppliers and Melon Mobile Business Proprietary Limited and therefore protected by international intellectual property laws. Accordingly, any unauthorised copying, reproduction, reverse engineering, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The User may only use the materials or any component thereof for the User’s information purposes when access thereto is permitted by the Licensor. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Application are registered and unregistered trademarks of Melon Business, as the case may be. Nothing contained in the Application should be taken as granting any licence or right to use any trademark without the prior written permission of Melon Business. Melon Business grants the User a limited license to access the Application and its related services, which is non-exclusive and non-transferrable. This license does not permit any of the following:
Resale or commercial use of the Application or its contents or its related services;
Collection and use of any product listings, descriptions, or prices;
Collection and use of the content for any use other the User’s own personal use;
Derivative use of the Application or its contents or its related services; any downloading or copying of account information for the benefit of another merchant; or
Any use of data mining, robots, or similar data gathering and extraction tools.
External links may be provided as part of our service and for the User’s convenience, but they are beyond the control of Melon Business and no representation is made by Melon Business as to their content, source or any risks that the User may incur through linking to the other website. Use or reliance on any external links provided is at the User’s own risk and we accept no liability in respect of such use. When visiting external links, the User must refer to the external terms and conditions of use.
The User may not link to the Application, in any manner, or frame any content of the Application in any other manner or otherwise use the content without the express prior written permission of Melon Business.
The User is not entitled to permit anyone other than the User or its authorised representative/s to use the User’s account. Only the User and Melon Business shall be entitled to enforce theTerms. No third party shall be entitled to enforce any of the Terms.
Melon Business shall not be liable to the User or any third party for any loss or damage of whatsoever nature in the event that the User makes use of the services offered through the Application. The User hereby indemnifies Melon Business from any loss, liability, cost or expense resulting directly or indirectly from the User’s use of the Application and/or services available thereto, and waives any right to take action against Melon Business, or any of the Melon Business’ associate companies, shareholders, directors, officers, agents and/or employees, in respect of any loss, liability, cost or expense resulting directly or indirectly from the User’s use of the Application and/or services available thereto.
By accessing and using the Application, the User warrants and represents to Melon Business that the User is legally entitled to do so and to provide the data required, and that its reprentative/s is/are duly authorised thereto. The User further warrants that all the details theUser has given are true and complete and that the User is legally capable of concluding this transaction. Should the details provided be incomplete or false, in any way, Melon Business shall be entitled to immediately cancel the agreement and terminate the services, at no cost.
If the User’s representative/s is/are younger than 18 years of age, the User warrants that the representative/s has/have the appropriate consent of the representative/s parent or legal guardian to enter into this agreement with Melon Business or that the User and/or representative shall have obtained legal status in another manner. Should this not be the case, Melon Business shall be entitled to immediately cancel the agreement and terminate the services, at no cost. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of the Application and/or the materials contained on the Application may violate applicable copyright, trademark or other intellectual property laws or other laws.
Melon Business may, in its sole discretion, at any time suspend or terminate the User’s participation through the Application and/or the operation of the Application, particularly where such use is in breach of Melon Business’ Fair Use Policy and/or Acceptable Use Policy, without prior notice to the User and without the need to give the User reasons for such termination. Melon Business shall not be liable to the User or any third party for doing so.
Melon Business shall cooperate with any appropriate law enforcement agencies and/or any other parties involved in investigations into alleged illegal or inappropriate activity. MelonBusiness reserves the right to disclose User information to the extent authorised by applicable law.
The User agrees and warrants not to:
Access or attempt to access any part of the Application by any means other than through the interface provided by Melon Business;
Engage in any activity that interferes with, or disrupts, the Application or the servers and networks that host the Application;
Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Application;
Copy, reproduce, republish, upload, post, transmit or distribute and information in, from or connected to the Application or its services;
Frame or utilise framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout or form) belonging to Melon Business and its affiliates without Melon Business’ prior written consent.
Attempt to circumvent, disable or interfere with the security related features of the Application or features that prevent or restrict use of copying any content or enforce limitations on the use of the Application or content therein.
The User agrees to comply with all applicable laws, statutes, ordinances and regulations pertaining to the User’s access to and/or use of the Application, the services, and/or use of the User’s customer profile, or any part of these, and/or the User’s posting of content and material (including text, files, images and photographs), and to ensure that its representatives, employees, agents or any other person using the Services under the User’s subscription/account shall likewise be bound.
The User may not itself or through a third party:
- Use the Application for any harmful, unlawful or illegal purposes, including, without limitation to:
- Impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
- Collect, harvest or otherwise obtain Personal Information, (including personal information as defined in POPI and Personal Data as defined in GDPR), relating to other users;
- Create, store and/or send unsolicited commercial communications; or conduct any fraudulent activity including any "pyramid scheme", "ponzi scheme", "chain letter" or any other scheme intended to unlawfully interfere with the rights of a third party or to defraud such third party in any way.
- Use any customer profile in a manner so as to advertise or promote the User’s or any third party’s products or services and/or impersonate another person;
- Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, distribute, lease, license, sub-license, encumber or in any other way deal with any portion of the Application for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- Decompile, disassemble or reverse engineer any portion of the Application;
- Collect service listings, descriptions or other information displayed on the Application;
- Write and/or develop any derivative of the Application or any other software program based on the Application;
- Adapt, modify or enhance the Application. In the event of a user effecting any adaptation(s),modification(s) or enhancement(s) to the Application in breach of this clause, such adaptation(s), modification(s) and enhancement(s) hereby vest exclusively in us and the User hereby assign all rights in and to, and waive any and all moral rights in and to, such adaptation(s), modification(s) and enhancement(s), which assignment we accept;
- Without our prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Application by persons other than the User;
- Remove any identification, trade mark, copyright or other notices from the Application and/or any personalised item, it being specifically recorded, acknowledged and agreed that trademarks proprietary to or licensed to us will automatically be incorporated in all customer profiles;
- Establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise(collectively "linking"), to the Application or any subsidiary pages;
- Use the Application and/or any personalised item to transfer files that contain viruses, Trojans, bombs, time-locks, phishing programmes or other harmful programmes; and/or penetrate or attempt to penetrate the Application’s security measures.
- Prohibited uses of the Services shall include, but is not limited to:
Illegal and/or unlawful activities or in connection with any criminal or civil violation; to gain unauthorised access to or to interfere with or compromise the normal functioning, operation or security of any network or system, including Melon Business’s network and system, or attempt thereto;
- Any activities which may interfere with the ability of others to access the Services or the internet, or attempt thereto;
- Use of the Services to monitor any data, information or communications without the prior authorisations;
- Gain unauthorised access to other user accounts and/or passwords, or attempt thereto;
- Using the Services for the transmission of any unsolicited commercial email messages or series thereof, and/or attaching excessively large attachments to such emails; spamming; or mailbombing;
- Intentionally or negligently injecting false data into the internet ie bad routing information or incorrect DNS information;
- Impersonating another person/party, by using forged headers or other identifying information;
- Fraudulently concealing, forging or otherwise falsifying the User’s identity;Intentionally transmitting files containing a computer virus or corrupted date;
- Advertising, transmitting or otherwise making available any software, program, product or service that is designed to circumvent and/or violate this Acceptable Use Policy;
- The above list of prohibited uses is not exhaustive, and Melon Business reserves the right to add to and or amend the list in its sole discretion, as the circumstances may require.
- Any other inappropriate activity or abuse of the Services as determined in Melon Business’ sole discretion, whether or not listed in the prohibited uses above, may result in the suspension or termination of the User’s Services.
Melon Business is committed to ensuring that Users have a quality experience utilising theirServices on the Network, which may be disrupted by unfair usage patterns of a small number of Users. To ensure Fair Use on the Melon Business network, the User’s maximum download and upload speed may be adjusted by Melon Business if, for example, the User consumes significant data in a short or specific period of time, such as in respect of certain applications which may utilise significant amounts of data in the process of, for example, file transfers, thereby contributing to network congestion and thereby negatively impacting the quality experience of other Users. In such instances, in terms of this Fair Use Policy, Melon Business cannot guarantee the level of service and/or connectivity to such Users, and melon Business reserves the right to implement and enforce its Fair Use policy at its sole discretion, to regulate such data use. Users are required to take the necessary precautions and actions to minimise any unfair use of the network.
We implement generally accepted standards of technology and operational security in order to protect personal information from loss, misuse, alteration or destruction. Unfortunately, the transmission of information via the internet is not always completely secure. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of personal information and any submission of personal information is at theUser’s own risk.
MELON BUSINESS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT,MATERIALS, AND/ OR PRODUCTS AND SERVICES INCLUDED ON THE APPLICATION. THE USER EXPRESSLY AGREES THAT THE USER’S USE OF THE APPLICATION IS AT THE USER’SSOLE RISK, AND SUBJECT TO MELON BUSINESS’S FAIR USE POLICY AND ACCEPTABLE USE POLICY.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MELON BUSINESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SAVE FOR THOSE AS SET OUT IN THESE TERMS. MELON BUSINESS DOES NOT WARRANT THAT THE APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM MELON BUSINESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MELON BUSINESS WILL NOT BE LIABLE IN ANYWAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION AND FORUMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,AND CONSEQUENTIAL DAMAGES.
NEITHER MELON BUSINESS, NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS,SERVICE PROVIDERS, SUBSIDIARIES OR ASSOCIATES, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND (INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE APPLICATION).THE USER EXPRESSLY AGREE THAT THE USER’S USE OF THE APPLICATION IS AT THE USER’SSOLE RISK.
IN NO EVENT SHALL MELON BUSINESS’ DIRECTORS, EMPLOYEES, OFFICERS, SERVICE PROVIDERS, SUBSIDIARIES OR ASSOCIATES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APPLICATION, THE SERVICES OR THE APPLICATION OF THESE TERMS RELATED TO ALL SUCH SERVICES (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
Indemnity
IN ADDITION TO ANY OTHER INDEMNITIES PROVIDED IN THESE TERMS, THE USER HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFIES MELON BUSINESS, ITS AFFILIATED COMPANIES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES AND ASSOCIATES AND AGREES TO HOLD THEM FREE FROM ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS, OF WHATSOEVER NATURE SUFFERED OR INCURRED BY THE USER OR INSTITUTED AGAINST THE USER FOR INFRINGEMENT OF ANY RIGHT, WHETHER THE CLAIM OR ACTION ARISES FROM DELICT OR CONTRACT, OR ANY INFRINGEMENT OF WHATSOEVER NATURE, ARISING OUT OF OR PURSUANT TO THE EXERCISE BY THE USER OF THE USER’S RIGHTS OR THE FULFILMENT OR BREACH BY THE USER OF ANY OF THE USER’S OBLIGATIONS UNDER THESE TERMS OR ANY OTHER REQUIREMENTS THAT MELON BUSINESS MAY IMPOSE FROM TIME TO TIME,INCLUDING, WITHOUT LIMITATION, ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS SUFFERED OR INCURRED BY THE USER OR INSTITUTED AGAINST THE USER AS A DIRECT OR INDIRECT RESULT OF THE USER’S USE OF THE APPLICATION, AND SUCH INDEMNITY SHALL EXTEND TO THE REASONABLE COSTS THAT MAY BE INCURRED BY MELON BUSINESS IN DEFENDING ANY SUCH ACTION INSTITUTED AGAINST MELON BUSINESS.
THE USER’S USE OF THE APPLICATION, THE SERVICES AND/OR THE USER’S CUSTOMER PROFILE IS ENTIRELY AT THE USER’S OWN RISK AND THE USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. MELON BUSINESS DO NOT ACCEPT LIABILITY THAT MAY ARISE IN CONNECTION WITH THE UPLOADING,REPRODUCTION, DISPLAY, USE, DISTRIBUTION OR SHARING BY THE USER OF THE USER’S CUSTOMER PROFILE.
MELON BUSINESS, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, AGENTS, CONSULTANTS,EMPLOYEES AND ASSOCIATES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER ARISING (WHETHER IN AN ACTION ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE) RELATED TO THE ACCESS TO AND/OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE APPLICATION, ANY PERSONALISED ITEM AND/OR ANY LINKED APPLICATION, THE CONTENT THEREOF, ANY FUNCTIONALITY THEREOF OR INFORMATION CONTAINED THEREIN, EVEN IF WE KNOW OR SHOULD REASONABLY HAVE KNOWN OR ARE EXPRESSLY ADVISED THEREOF.
The address for service for all purposes relating to these Terms including the giving of any notice, the payment of any sum, the serving of any process, is the physical address set out below. Melon Business shall be entitled from time to time, by giving notice to the User, to vary its physical address for service to any other physical address. Melon Business shall be entitled to vary its address for service by notice on the Application, and accordingly the User undertakes to ensure the User has the correct service address.
These Terms, including the Melon Business Plans Terms and Conditions that are applicable to any Plan or Top-Up Bundle selected by the User, set out the entire agreement between the User and Melon Business related to the subject matter hereof, and supersedes any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Melon Business shall be entitled to make use of all the data the User provides for purposes of providing the Services offered through the Application. Melon Business shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms. All provisions of the Terms are, irrespective of the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be excluded from the agreement between the User and Melo Business and the remaining provisions of these Terms shall remain in full force and effect.
Should Melon Business be prevented from fulfilling any of its obligations to the User as a result of any event outside the control of Melon Business, then those obligations shall be deemed to have been suspended to the extent that, and for as long as, Melon Business is so prevented from fulfilling them and the User’s corresponding obligations shall likewise be suspended to the corresponding event. In the event that such event continues for more than 14 (fourteen) days after it has first occurred, then Melon Business shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these Terms by giving notice to theUser. An event outside of the control of Melon Business shall mean any event or circumstance whatsoever which is not within the reasonable control of Melon Business including, but not limited to, vis major, casus fortuitous, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, or any court order.
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. The User hereby consents to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the Terms or any matter related toor in connection therewith.
For purposes of calculating any time periods GMT +2 shall apply.
Full name: Melon Mobile Business Proprietary Limited Registration number: 2023/952122/07
Country of incorporation: South Africa
Physical address for receipt of service: Unit 4, 3 Lagoon Beach Drive, Milnerton, Cape Town
Telephone number: +27 68 643 2000
Website URL: https://www.melonmobile.co.za
Email address: disclosures@melonmobile.co.za
Licensor: Contactable Proprietary Limited with Registration Number: 2012/15464/07
