Terms and Conditions!


In these Terms and Conditions unless the context otherwise indicates:

'Mobicel' means the sales incentive and product training program operated by Mobicel and/or its appointed service provider, by which Participants earn funds for sales achieved of the Mobicel Website Listed Mobicel Mobile Products;

'Mobicel Debit Card' means the personal Debit Master CardTM provided for the purposes of the Mobicel Sales Incentive and Product Training program;

"Mobicel" means Mobicel (Pty) Ltd, a private company duly incorporated in accordance with the laws of South Africa, including any agents, duly authorized representatives and affiliates;

"Organizer" means the Mobicel, the duly appointed service provider that will/may administer the program on behalf of Mobicel;

"Participant" means an individual participant of the Program whose online registration is accepted at the discretion of Mobicel and communicated to him/her by Mobicel via e-mail acknowledging the new participation and who meets the requirements set out in clause 1.2;

"Password" means the password which is issued to the Participant, and as changed by the Participant or Program administrators from time to time;

"Points" means funds awarded/debited to Participants on their Mobicel reloadable Debit Master CardTM for the sale of Mobicel Mobile Products under the Program pursuant to these Terms and Conditions;

"Products" means the genuine Mobicel Mobile products and/or services including without limitation devices and enhancements and digital services as listed within the Mobicel Landing page and/or Make Claim Tab;
"Program" means this Mobicel Sales Incentive and Product Training Program;
"Terms and Conditions" means these terms and conditions in respect of the Program, as amended from time to time, as well as any other document incorporated to these terms and conditions as referred to herein and which the Participant agrees to be bound by.
OUTLINE These Terms and Conditions will govern the participation of individuals / groups / trading entities in the participation of the Program. By accessing and participating in this Program you, the Participant, are deemed to have secured the required authorization from your Superior, Store Manager and or Head Office. Mobicel may, at any time inform a Participant's employer of the Participant's participation in the Mobicel Sales Incentive and Training Program. Mobicel accepts no responsibility for any participation in the Mobicel Program that may lead to a breach in the Participant's employment agreement or any other agreement or arrangement. You are further in agreement that you have read, understood and consented to all the Terms and Conditions prior to participating in this Program. Please refer to website www.mobicel.myclaim.co.za for all relevant Terms and Conditions that govern this Program. Information regarding the Program that is published on authorized advertising and/or training material will also form part of these Terms and Conditions and must be managed/treated accordingly. Mobicel and/or the Organizer, may at its sole discretion amend these Terms and Conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised terms and conditions on the Program website (www.mobicel.myclaim.co.za). These amendments and/or changes are including but not limited to changes to rules governing: o Earning and redeeming of Points ; o Point earning and redeeming rates; o Rewards restrictions or conditions and exclusions; o Expiry of accrued Points. Mobicel and or the Organizer may use all reasonable endeavors to advise Participants of any changes to these Terms and Conditions, but will not be liable in any way for any failure to do so. Without limiting this clause in any way, Participants will be taken to have received notice of any changes to these Terms and Conditions if Mobicel notifies the Participant of the change by any method including but not limited to by providing notice at an address provided to Mobicel and or the Organizer by the Participant and/or by posting details of the changes on the Mobicel website. Mobicel and or the Organizer is not liable for any reward / prizes not being available or for limitations on capacity of what is Available. Mobicel and or the Organizer expressly reserves the right in its absolute discretion to withdraw, cancel, withhold, deny access to or use of or in any way change any rewards / prizes previously advertised, offered to or accepted by any Participant at any time. Mobicel and or the Organizer will not be liable for any loss or damage suffered by the Participant resulting from such withdrawal, cancellation, denial, variation or change. All individuals and or entities that participate in the Program, agree to be bound by the above outline and the following provisions: 1: INTRODUCTION 1.1 The Program will run from 01 November 2013 until [?] which closing date may be extended or reduced at the Organizer's sole discretion ("the Program Period"). Any such change in the Program Period by the Organizer shall be advised to Participants []. 1.2 Participation is free of charge, apart from any data costs that the Participant may incur when accessing the claims web and mobi sites via his/her personal computer, tablet, mobile phone, note book or any such similar device. Each Participant may participate under one personal username only. To be eligible to participate in this Program and receive rewards, the Participant must meet the following requirements: 1.2.1 be a resident South African and be employed at a Mobicel dealer sale partner store as a floor sales consultant (FSC) and/or store manager and/or dealer principal; 1.2.2 register him/herself on www.mobicel.myclaim.co.za ("website"); 1.2.3 have his/her registration verified via www.mobicel.myclaim.co.za and/or authorized Mobicel. Your participation will be effective when your online registration is accepted and communicated to you via email acknowledging the new participation. Participation is offered at the discretion of Mobicel, and Mobicel has the right to accept or reject any application for participation in its sole discretion; 1.2.4 receive a Mobicel Rewards card within 30 (thirty) days of registration, which will be provided by the Organizer; 1.2.5 lawfully sell a Mobicel Mobile Product listed on the website in order to earn cash payouts ('payout');
1.2.6 submit his/her claim for verification on request, through the following official channels: Fax to Mail No: 087 098 0810 Direct Email Address: mobicel@myclaim.co.za.
1.3 All cash payouts will be loaded by the Organizers onto the Participant's Mobicel Rewards Card
1.4 Only 1 (one) dealer principal may be registered per store.
1.5 Only FSCs, store managers, and/or dealer principals may participate in this Program.
1.6 The use of an assigned personal username is expressly limited to the registered Participant and you may not be transferred to any other party, whether temporarily or permanently. The Participant agrees to bear sole responsibility for all use of the allocated personal username and for the confidentiality of the issued password. Mobicel will suspend access or change access to the Participant's personal username upon notification to Mobicel by the Participant, through an e-mail to mobicel@myclaim.co.za, that a Participant has lost his/her password through theft or otherwise compromised within 1 (one) working day. The Mobicel reloadable Rewards Card can be deactivated by a Participant by logging onto www.mobicel.myclaim.co.za - this is effective immediately.
1.7 Only Participants may access the services on this website. The Participant shall ensure that his/her personal username and password are kept in a secure and confidential manner, and not permitting its release to third parties. The Participant is solely responsible for maintaining the confidentiality of his/her personal username and password. Mobicel will therefore not be liable for any claim, damage, expense or loss incurred by a Participant or any third party as a result of the Participant's failure or inability to do so.
1.8. If, at any time, a Participant is preparing to emigrate from South Africa, he/she will no longer be eligible to be a Participant or to receive rewards. Please inform Mobicel promptly of any intention or preparation to emigrate from South Africa by e-mailing mobicel@myclaim.co.za 1.9 Participants who have lodged a fraudulent claim and/or have failed to participate in the Program for 90 (ninety) consecutive days will be automatically deleted from the Program without notice. 2: PARTICIPANT INTERACTION The Participant hereby agrees to the following: 2.1. be solely responsible for and take all such measures and steps to maintain and protect the confidentiality of his/her password (including but not limited to changing his/her password from time to time); 2.2. take all such measures and steps to prevent any unauthorized use of his/her personal username; 2.3. taking all such measures and steps to prevent publication of his/her password; 2.4. be solely responsible for any and all activities which occur and/or any and all messages, information and other materials furnished, created and/or submitted under his/her personal username; 2.5. immediately notify Mobicel on mobicel@myclaim.co.za if he/she become aware of, suspects or has any reason to believe that there is any unauthorized use of his/her personal username or any other breach of security; 2.6 to co-operate with Mobicel and or the Organizer in all such security investigations and to indemnify, defend and hold harmless Mobicel and or the Organizer for any liability or expense arising from such use or misuse. 2.7. being solely responsible for any and all activities and transactions performed through his/her personal username on the www.mobicel.myclaim.co.za website. Any transaction or use of this website under his/her personal username which is authenticated by his/her password shall be deemed to be on the Participant's behalf or as his/her agent, with due authorization from the Participant at all times. Any transaction made on the www.mobicel.myclaim.co.za website using any of the Participant's personal username and password and through his/her personal username shall be deemed to be binding on the Participant. 2.8. Pending queries with outstanding requested supporting documentation will be automatically removed from the system after 60 days of logging.

All Consultant, Supervisor or Manager claims or queries not resolved within 90 days will not be paid out. It is the onus is on the participant to follow up on unsolved matters and check on the status thereof.

2.9. not acquiring any rights to his/her personal username or password selected by the Participant or assigned to you by Mobicel or the Organizer and aforementioned. Mobicel reserves the right to change the same at its sole discretion without being liable to the Participant for any loss or damage of any nature whatsoever (whether direct, indirect, incidental, punitive, exemplary or consequential) suffered. 2.10. be required to provide information about the Participant for registration or otherwise which is complete and accurate. The Participant may update the information online from time to time as required. 2.11. promptly inform Mobicel and or the Organizer of any changes in his/her delivery address; breaches of security; including loss, theft, or unauthorized disclosure or use of his/her personal username or password; or changes in his/her e-mail address. Until Mobicel and or the Organizer receives notice of a breach of security, the Participant will remain liable for any unauthorized use charged to his/her personal username. 2.12. acknowledge and represent that he/she is not younger than 18 years old and agrees that it is a condition of participation that he/she consents and authorizes Mobicel and/or the Organizer to disclose all information provided by the Participant to Mobicel and or the Organizer including his/her personal information, to its Affiliates, agents, sub-contractors and/or service providers and their staff, employees, officers and agents for the purposes of: 2.12.1. Mobicel and/or the Organizer providing services, including the awarding of rewards/payouts to the Participant; 2.12.2. Mobicel and or the Organizer improving Mobicel customer service, including by means of research, marketing, product development and planning; 2.12.3. Mobicel marketing its products or services or the products or services of its partners; and any third party providing services to Mobicel and or the Organizer in connection with the administration of the Program. 2.13. accept that this information may be transferred to or from South Africa for these purposes; noting that if all or any part of the requested information is not provided by the Participant, the services provided to the Participant by Mobicel and or the Organizer may be affected. 2.14. the Participant's personal information being governed by these Terms and Conditions. 2.15 Mobicel and or the Organizer will provide the Participant with access to and correction of his/her personal information held by Mobicel and or the Organizer on request from the Participant to the extent permitted or required by law. However, Mobicel and or the Organizer does comply with validly served and executed court orders and subpoenas and cooperates with investigations by state and federal agencies in accordance with internal Mobicel policy. Under these circumstances, or where otherwise required by law, the Participant's personal information may be shared with others with or without his/her knowledge, consent or notice. 2.16. The use of the www.mobicel.myclaim.co.za website by any unauthorized personnel is prohibited. The Participant shall notify Mobicel and/or the Organizer immediately of any unauthorized use of any user identification, passwords or other security information, or breach of security. Mobicel and the Organizer, cannot and will not be liable for any loss or damage arising from the Participant's failure or inability to comply with this requirement. 2.17 Participants must not, whether intentionally or negligently,: 2.17.1.abuse the rewards, goods, services, facilities or arrangements accorded to the Participant as a result of participation in the Program; 2.17.2.act in any way which may or is likely to be detrimental to the interests of Mobicel and/or the Organizer, including, without limitation, the Program; 2.17.3.supply or attempt to supply misleading information, or make any misrepresentation to the Program; or 2.17.4. act in any way which in Mobicel's reasonable opinion breaches or is likely to breach these Terms and Conditions or is inconsistent with the intent of these Terms and Conditions. 2.18. Participants must comply with these Terms and Conditions at all times. 3: REWARD PROCESS 3.1 Points can only be earned in relation to lawful sales of Products made by the Participant in South Africa after the Participant's registration is accepted and communicated to him/her via e-mail acknowledging the Participant's authorized and approved participation in the Program. Points can only be applied to the Participant's personal username. Points may not be awarded (and may be subsequently deducted) for cancellations or refunded Products. 3.2 Claims are processed only once the Participant has been verified by the Organizer. Cash payouts will thereafter be provided to the Participant onto his/her Mobicel Card with payments made onto the card being equal to the indicated amount per Product claimed on the Product table. The Participant will be able to spend his/her payout in the form of cash at any outlet in the Republic of South Africa that accepts Master CardTM. 3.3. Points expire when the Participant is no longer an employee of a Mobicel dealer sale partner store.
3.4 Each Participant is responsible for ensuring that all the necessary details of the sales of the Products concluded in South Africa eligible for earning Points including the Mobicel Mobile IMEI number, date of sale, model number and your internal sales receipt or internal order reference/code are accurately registered and submitted online under his/her personal username. All registered sales are subject to verification and confirmation by Mobicel and or the Organizer. Any sale registered which in the sole opinion of Mobicel is inaccurate or fraudulent will be rejected. The Participant is solely responsible for the accurate completion and submission of her/her claims and supporting documentation and the Participant must have directly and lawfully sold the Product him/herself in order to earn the respective payout. The Participant who logs the sale on the website will be the only one awarded with the cash payout. This rule does not include telesales consultants.
3.5 Reward Points and Pay Out Values are calculated at the date of submission and not based on date of sale. No payouts will be made if the sales date on the claims tab in the on line website and that of the proof of sale is older than 2 (two) weeks and/or has already been submitted or processed. 3.6 Any unusual claim or suspicious activity will be subject to investigation and will remain pending until such time as proof of sale is presented and verified. Mobicel reserves the right to review sales retrospectively for unusual activity and shall deal with such activity accordingly. 3.7 Each Participant is responsible for ensuring that Points are properly credited to his/her personal username. Where a Participant contends that Points have been earned but not credited, or in cases where Mobicel in its sole discretion deems verification is required, Mobicel reserves the right to require proof of earning from the Participant, including copies of sales receipts or any other internal proof-of-sale documents. 3.8 Points will be credited to a Participant's Mobicel reloadable rewards card in respect of sales of Products once these have been verified by Mobicel and or the Organizer. However, pending verification by Mobicel and or the Organizer, Points in respect of sales of Products may not be credited to a Participant's personal username but will instead be treated as "Pending Points". Mobicel and or the Organizer will initiate contact with the Participant to investigate and clarify the situation regarding any Pending Points within 10 business days of the sale of the Product for which Points are being claimed are registered and submitted online by the Participant. 3.9. Any discrepancies (complaints) must be brought to the attention of the Organizer and the Program by the Participant within 30 (thirty) days of the sale of the Product. No amendments to such discrepancies can be made after this period. Mobicel will be the final arbiter in any Points disputes. 9. Participants who are also participants of other incentive programs can only receive Points in one program for the same sale transaction of a Product unless otherwise specified. Points cannot be transferred between schemes or programs conducted by Mobicel and its partners and non-partners unless otherwise specified. 3.10 If you are a South African taxpayer, your Mobicel Reward earnings may be subject to personal income or other tax assessment and you will be solely liable for these. You are advised to make independent checks with your accountant or tax adviser for further information. Neither Mobicel , and our the Organizer, nor its Affiliates, are responsible for withholding any tax of for making any payment to the South African Revenue Services (SARS) on Participant's behalf. It is the responsibility of the Participant to report any untaxed earnings to SARS. It is the sole responsibility of the Participant to keep record of her/her earnings from the Program during each taxable financial year in order to use said information/records for the submission of his/her annual tax return. 4: REWARD CLAIMS 4.1 Points will be automatically paid into the Mobicel Rewards Debit card only. 4.2 Points may not be pooled, sold, assigned or transferred to any other person (including but not limited to another Participant) or otherwise redeemed (whether for valuable consideration or otherwise) for anything else besides the Rewards. 4.3 Participants must first log into the website and click on the Make Claim tab, thereafter complete all the relevant information fields within the Make Claim Tab, which include but is not limited to the product's IMEI number and then submit all the completed details for verification purposes. 4.4 Participants whose sales data is only reflected on selected cellular mobile network reports will only receive monthly payouts. 4.5 Only where Mobicel have negotiated with and reached an agreement with all relevant stake holders including but not limited to Mobile Network Head Quarters, will the system approved Dealer Principal and/or Stores Sales Manager, earn a % (percentage) of the earnings of all the sales consultants linked to them. Where there are 2 (two) or more sales mangers, a list of sales consultants linked to each sales manager must be provided to Mobicel and or the Organizer, in order to correctly reward all the Participants. Should a dispute arise for any reason whatsoever, accounts will be immediately suspended pending the final and binding decision of Mobicel and/or the Organizer. 4.6 Mobicel and or the Organizer will provide cash payouts to Participants only once the the Participants Mobile sales have been fully verified against the Mobicel IMEI Data. 4.7 Mobicel and/or the Organizer will only provide cash payouts to the Participant(s) who have sold Products listed on the payout table, unless otherwise communicated to the Participant(s) on monthly communications and/or the Mobicel website. 4.8 Only Mobicel product purchased from selected authorized stores will be considered for cash payouts. 4.9 Should 2 (two) or more Participants submit the same IMEI numbers on the website, the respective payout will be held in abeyance pending the final and binding decision of Mobicel and/or the Organizer. 5: PAYOUTS AND VALIDITY 5.1 Prizes will be awarded at the sole and absolute discretion of Mobicel and or the Organizer in the form of cash. 5.2 In the event that Mobicel and/or the Organizer promotes an ad hoc incentive/prize that is either a Product, vouchers and/or travel prizes, all the aforementioned prizes must be used by the Participant within the Program period and/or as stipulated on the voucher/prize description, failing which they shall immediately be forfeited. 5.3 Participants who have been awarded a travel incentive prize must be in possession of a valid passport and/or be eligible to obtain a VISA to enter into the relevant country, failing which the aforesaid travel incentive prize will be forfeited without notice. Mobicel and/or the Organizer will not be held liable for any unsuccessful VISA applications and/or obtaining of passports and/or objection made by any third party for entrance to the relevant country. It is the responsibility of the Participant to follow his/her employment procedures correctly and discuss leave with their respective head/authority and it is at the authority's sole discretion based on their company's leave policy to grant this request. 5.4 In the event a non-cash prize has been won by the Participant, he/she may not substitute the prize for cash. 5.5 The Organizer may require the winner and the winner agrees by entering the Program (at no cost) to be identified, photographed, filmed and the aforementioned to be published in any media. 5.6 In the event that the Program is terminated all cash rewards/prizes must be redeemed by the Participant within 60 (sixty) days from their date of issue, failing which they shall be converted to house points and held in trust from which the Participant has 6 (six) months in which to redeem them, thereinafter they will be forfeited by Mobicel without notice. 6 LIABILITY: 6.1. To the extent permitted by law, Mobicel and or the Organizer is not responsible and disclaims liability for errors or omissions including (without limitation) those resulting from computer hardware or software errors or failures, or for fraud, or for lost, stolen, or corrupted online registration data or sale reports of Products. 6.2. To the extent permitted by law, Mobicel and or the Organizer is not responsible for and disclaims liability for the rewards or its satisfactory quality, merchantability or fitness for a purpose. 3. To the extent permitted by law, Mobicel and or the Organizer is not liable for any special, indirect, consequential damage or loss or any loss of profit or loss of business arising from or in connection with the Program or any reward. 7 BREACH: 7.1. Any breach of these Terms and Conditions by a Participant whether intentional or otherwise may result in suspension or termination of participation and/or cancellation of Points and/or Rewards at the sole discretion of Mobicel and/or the Organizer without notice. 7.2. Mobicel ad or the Organizer is not, and will not be, liable for any Participant's accumulated Points or any other Rewards. In the event of suspension or termination of participation or termination or other material alteration to Program, such Points or Rewards may also terminate or be extinguished. 7.3. Mobicel and or the Organizer reserves the right to cancel or refuse to honour any Reward which was sold, assigned, transferred or otherwise obtained or redeemed in breach of the Terms and Conditions at any time, without liability. 7.4. Mobicel and the Organizer reserves the right to reverse or cancel any Points credited to a Participant incorrectly, not in accordance with or in breach of the Terms and Conditions at any time without liability. 8. TERMINATION: 1. Mobicel and or the Organizer expressly reserves the right to terminate or alter (whether materially or otherwise) Program at any time, without any liability or notice to Participants. 2. Mobicel and or the Organizer reserves the right at any time in its absolute discretion and without notice to suspend or terminate the participation of any Participant and/or the right of any Participant to use his or her personal username or password or any Reward, without any liability or notice to Participants. 3. Participation will terminate automatically on the death of a Participant. Mobicel and or the Organizer will terminate the Participant's participation on receipt of notification of the death of the Participant. 4. A Participant may terminate his/her participation at anytime by phoning the Mobicel Information Line. All funds will remain on the Mobicel debit card, but no further earnings can take place. 5. The Participants participation in the Program will terminate if he/she cease to be employed by a Mobicel authorized retailer, or if hes/her employer ceases to be a Mobicel Dealer Principal and or Mobicel authorized Retailer. 6. A Mobicel Participant's account will be disabled if there is no record of sales activity on the account in question for three consecutive months. It is required that each Participant registers their Mobicel phone sales not later than 2 (two) weeks from the date of sale or as regularly in line with point 3.5. If a Mobicel Participant does not register any sales over 90 (ninety) consecutive days their Mobicel account will be deleted permanently. 9 GENERAL: 9.1. The Terms and Conditions and participation in the Mobicel Sales Incentive and Product Training Program, shall be governed by and construed in accordance with the laws of South Africa. In the event of a dispute, Mobicel and or the Organizer will, at its own discretion, make judgment and this will be binding on all Participants involved. Mobicel and or the Organizer, may, at its own discretion, apply to the courts of any country in which it operates for injunctive or other equitable relief to prevent or curtail any breach of these terms and conditions 9.2. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable, it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible; it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect. 9.3. Mobicel and or the Organizer's decision on all matters relating to the Program are final and binding on all Participants. 9.4. Mobicel and or the Organizer reserves the right to cancel, suspend or terminate this Program without notice at any time and no liability shall lie against Mobicel and or the Organizer in favor of any Participant, winner(s) and/or third party arising from such cancellation, suspension or termination. Therefore the Participant waives his/her right which they may have against Mobicel and or the Organizer and hereby acknowledge that he/she will not have recourse or claim of any nature whatsoever against Mobicel and/or the Organizer. 9.5. To the extent permitted by Law, Mobicel and or the Organizer excludes all warranties (express or implied), representations and liabilities regarding the Program (other than for death or personal injury caused by its negligence and/or fraud) 9.6. The Program is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Program. The reseller and/or winner(s) hereby indemnifies Mobicel and/or the Organizer against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused. And whether is arose under the law of contract or delict or otherwise, because of the reseller's entrance to the Program.

Publicity Rules:

8. Publicity endeavors will be within legal and reasonable ethical confines.