Heromobile Subscriber Terms and Conditions

1. 1. 1. Introduction and application of these terms
      1. 1.1 These HeroMobile Subscriber Terms and Conditions (“Terms”) govern the provision and use of HeroMobile mobile electronic communications services, products, benefits and related services (“HeroMobile Services”).
      2. 1.2 HeroMobile is a mobile service offering made available by Herotel (Pty) Ltd (2015/122781/07), a company incorporated in accordance with the laws of the Republic of South Africa, with registered address 98 Dorp Street, Stellenbosch, 7600, South Africa (“Herotel”, “Service Provider”, “we”, “us” or “our”).
      3. 1.3 HeroMobile Services are currently offered as part of Herotel’s converged fixed and mobile service proposition and, unless otherwise expressly stated in applicable Product Rules, are available only to Subscribers linked to an active and qualifying Herotel Fibre Service.
      4. 1.4 These Terms must be read together with the applicable HeroMobile Product Rules; published pricing, tariffs and product information; promotion-specific terms; Herotel’s privacy policy; Herotel’s acceptable use policy, where applicable; roaming terms, where applicable; and any other terms expressly incorporated into these Terms.
      5. 1.5 By applying for, activating, accessing or using a HeroMobile Service, the Subscriber agrees to be bound by these Terms and the applicable Product Rules.
      6. 1.6 Where the Subscriber is a juristic person, the person accepting these Terms warrants that he or she has authority to bind that juristic person.
      7. 1.7 Where a SIM is used by a person other than the Primary Subscriber, the Primary Subscriber must ensure that the SIM User is informed of, and complies with, these Terms.
      8. 1.8 No person may accept these Terms unless legally competent to do so. Where a SIM User is a minor, the appropriate parent or legal guardian must consent to the minor’s use of the HeroMobile Services.
      9. 1.9 If the Subscriber does not agree to these Terms, the Subscriber must not activate or use the HeroMobile Services.
      10. 1.10 If there is anything in these Terms that the Subscriber does not understand, the Subscriber should contact Herotel through the customer support channels published on the Website.
   2. 2. Definitions and interpretation
      1. 2.1 In these Terms, unless the context indicates otherwise, the following words have the meanings assigned to them below.
         1. 2.1.1 “Activation Date” means the date on which a HeroMobile SIM is successfully activated for use on the Network.
         2. 2.1.2 “Active Fibre Service” means an Eligible Fibre Service that has been activated, has not been cancelled or terminated, is not suspended in circumstances that make the Subscriber ineligible for HeroMobile Services, and otherwise complies with the eligibility requirements determined by Herotel from time to time.
         3. 2.1.3 “Additional SIM” means any HeroMobile SIM, other than the Primary SIM, linked to the same Fibre Account.
         4. 2.1.4 “Applicable Law” means all laws, regulations, licence conditions, codes, directives and binding regulatory requirements applicable in the Republic of South Africa.
         5. 2.1.5 “Airtime” means monetary value allocated to a Mobile Number that may be used to purchase or consume eligible HeroMobile Services at the applicable rates.
         6. 2.1.6 “Bundle” means a specified allocation of Data, Voice, SMS or other Services provided for a specified price, benefit, purpose or validity period.
         7. 2.1.7 “Data” means mobile data services made available through the Network.
         8. 2.1.8 “Device” means a compatible telecommunications device used to access HeroMobile Services.
         9. 2.1.9 “Eligible Fibre Service” means a Herotel Fibre Service, package, product or tariff that qualifies for access to HeroMobile Services in accordance with the applicable Product Rules.
         10. 2.1.10 “Fibre Account” means the customer account associated with the Primary Subscriber’s Herotel Fibre Service.
         11. 2.1.11 “Fibre Service” means a fixed broadband electronic communications service provided by or through Herotel.
         12. 2.1.12 “HeroMobile” means the mobile service proposition, products and services marketed and made available by Herotel under the HeroMobile brand.
         13. 2.1.13 “HeroMobile Benefits” means Data, Voice, SMS, Airtime, discounts, VAS, Rewards, Promotional Benefits or other benefits made available in connection with an Eligible Fibre Service or HeroMobile Product.
         14. 2.1.14 “HeroMobile Product” means any mobile tariff, plan, package, Bundle, SIM proposition or other product made available under the HeroMobile brand.
         15. 2.1.14 “ICASA” means Independent Communications Authority of South Africa
         16. 2.1.15 “Included Benefits” means HeroMobile Benefits included as part of an Eligible Fibre Service or HeroMobile Product without a separate purchase by the Subscriber.
         17. 2.1.16 “Mobile Number” or “MSISDN” means the mobile number allocated to or ported to a HeroMobile SIM.
         18. 2.1.17 “Network” means the electronic communications network or networks through which HeroMobile Services are provided.
         19. 2.1.18 “Network Operator” means any ICASA licensed electronic communications network operator whose Network is used to provide HeroMobile Services.
         20. 2.1.19 “Out-of-Bundle Usage” or “OOB Usage” means usage charged at applicable rates outside an active or available Bundle or Included Benefit.
         21. 2.1.20 “Primary SIM” means the principal HeroMobile SIM linked to the Primary Subscriber and Fibre Account.
         22. 2.1.21 “Primary Subscriber” means the person or entity responsible for the qualifying Fibre Account and the HeroMobile Services linked to that Fibre Account.
         23. 2.1.22 “Product Rules” means product-specific eligibility criteria, prices, benefits, restrictions, validity periods, depletion rules and other terms applicable to a HeroMobile Product.
         24. 2.1.23 “Promotional Benefits” means benefits allocated without charge or at a discounted price as part of a promotion, campaign or incentive.
         25. 2.1.24 “Purchased Benefits” means Airtime, Data, Voice, SMS, Bundles or other mobile benefits purchased by or on behalf of the Subscriber.
         26. 2.1.25 “RICA” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002, as amended.
         27. 2.1.26 “Rewards” means promotional, loyalty or incentive value made available by Herotel from time to time.
         28. 2.1.27 “Services” means mobile services available through HeroMobile, including Data, Voice, SMS, Airtime, Bundles, VAS, Rewards and any other services introduced from time to time.
         29. 2.1.28 “SIM” means a physical subscriber identity module, eSIM or other approved subscriber identity mechanism used to access HeroMobile Services.
         30. 2.1.29 “SIM User” means a natural person who uses a Primary SIM or Additional SIM.
         31. 2.1.30 “Subscriber” means the Primary Subscriber and, where the context permits, a SIM User.
         32. 2.1.31 “VAS” means value-added services made available through HeroMobile from time to time.
         33. 2.1.32 “Voice” means mobile voice communication services.
         34. 2.1.33 “Website” means the official HeroMobile website at https://heromobile.herotel.com/ or any replacement website published by Herotel.
      2. 2.2 Clause headings are included for convenience and do not affect interpretation.
      3. 2.3 Words importing the singular include the plural and vice versa.
      4. 2.4 References to persons include natural and juristic persons.
      5. 2.5 The words “including”, “include” and “includes” do not limit the general wording preceding them.
      6. 2.6 Where a conflict exists between these Terms and Product Rules, the Product Rules will apply to the specific HeroMobile Product to the extent of that conflict, unless Applicable Law requires otherwise.
   3. 3. The heromobile service
      1. 3.1 HeroMobile is currently provided as part of Herotel’s converged Fibre and mobile service proposition.
      2. 3.2 Eligibility for HeroMobile Services may depend upon the Subscriber maintaining an Active Fibre Service.
      3. 3.3 The number of SIMs, Included Benefits, prices, discounts, Bundles, Rewards, VAS and other benefits may depend upon the Fibre package, service tier, account status, number of linked SIMs, Product Rules and promotional or commercial offers.
      4. 3.4 Herotel may introduce HeroMobile Products that are not conditional upon an Active Fibre Service.
      5. 3.5 Eligibility requirements, prices and Product Rules applicable to any standalone HeroMobile Product will be published by Herotel from time to time.
   4. 4. Eligibility for heromobile services
      1. 4.1 To qualify for Fibre-linked HeroMobile Services, the Primary Subscriber must have an Active Fibre Service, subscribe to an Eligible Fibre Service, comply with these Terms and the Fibre terms, complete RICA and onboarding requirements, provide accurate information and satisfy applicable Product Rules.
      2. 4.2 Eligibility does not create a permanent entitlement to any particular benefit, price, number of SIMs or product configuration.
      3. 4.3 Herotel may change the Fibre packages that qualify, subject to Applicable Law and reasonable notice where required.
      4. 4.4 If the Subscriber ceases to meet eligibility requirements, Herotel may exercise the rights set out in clause 13.
   5. 5. Primary subscribers, primary sims and additional sims
      1. 5.1 A qualifying Primary Subscriber may activate a Primary SIM and, where permitted by Product Rules, one or more Additional SIMs.
      2. 5.2 The maximum number of SIMs permitted per Fibre Account will be determined by the applicable Product Rules.
      3. 5.3 Additional SIMs do not create a separate Fibre account or contractual entitlement to the qualifying Fibre Service.
      4. 5.4 The Primary Subscriber is responsible for managing linked HeroMobile Services, nominating SIM Users, providing accurate information, satisfying RICA requirements, informing SIM Users of these Terms, charges for which responsibility was accepted, and promptly reporting lost or stolen SIMs.
      5. 5.5 Each SIM User must comply with Applicable Law and these Terms.
      6. 5.6 Herotel may suspend an individual SIM without suspending all linked SIMs where circumstances reasonably permit.
      7. 5.7 Herotel may provide account-management functionality for Additional SIMs, benefit allocation, purchases and usage views.
      8. 5.8 Such functionality is subject to platform capabilities and Product Rules.
   6. 6. Rica, customer information and activation
      1. 6.1 Herotel will comply with applicable RICA obligations before activating a SIM.
      2. 6.2 The Subscriber and each SIM User must provide information and documents reasonably required for RICA and Applicable Law.
      3. 6.3 Herotel may refuse or delay activation where information is missing, cannot be verified, appears false or fraudulent, activation would breach law, or further verification is required.
      4. 6.4 The Subscriber warrants that all information and documentation provided is accurate, complete and lawful.
      5. 6.5 The Subscriber must notify Herotel of material changes to information supplied.
      6. 6.6 Activation timeframes are estimates unless expressly guaranteed in writing.
   7. 7. Mobile numbers and porting
      1. 7.1 A Subscriber may receive a new Mobile Number or request to port an eligible existing number to HeroMobile.
      2. 7.2 Porting is subject to Applicable Law, number-portability rules, verification, third-party processes and accurate instructions.
      3. 7.3 Where the process requires a PORTME instruction, SIM serial number or other information, the Subscriber is responsible for accuracy.
      4. 7.4 Incorrect, incomplete or delayed information may cause rejection, delay or cancellation.
      5. 7.5 Herotel does not guarantee completion within a particular period where third parties or circumstances outside its control are involved.
      6. 7.6 A Subscriber may port a Mobile Number away from HeroMobile in accordance with Applicable Law.
      7. 7.7 Porting away does not automatically cancel the Fibre Service.
      8. 7.8 Porting a Primary SIM does not necessarily terminate Additional SIMs.
   8. 8. Heromobile products and product rules
      1. 8.1 Herotel may offer Fibre-linked, Primary SIM, Additional SIM, family, prepaid, Bundle, promotional, Rewards, VAS and standalone HeroMobile products.
      2. 8.2 Each Product may be subject to specific Product Rules.
      3. 8.3 Product Rules may specify eligibility, pricing, allocations, number of SIMs, validity, expiry, depletion, OOB rates, restrictions, Fibre requirements, migration rules and promotional conditions.
      4. 8.4 Herotel may introduce, withdraw or amend Products and Product Rules subject to Applicable Law.
   9. 9. Included heromobile benefits
      1. 9.1 An Eligible Fibre Service may include HeroMobile Benefits.
      2. 9.2 Included Benefits may vary by Fibre package and Product Rules.
      3. 9.3 Included Benefits may include Data, Voice, SMS, Airtime, Rewards, VAS, discounts, Additional SIM allocations or other benefits.
      4. 9.4 Unless otherwise stated, Included Benefits have no cash value, may not be transferred or exchanged for cash, may expire, may be withdrawn when eligibility ends, and may be subject to restrictions.
   10. 10. Purchased airtime, bundles and other benefits
       1. 10.1 Subscribers may purchase Airtime, Bundles and other HeroMobile Services made available by Herotel.
       2. 10.2 Prices will be displayed through authorised Herotel channels.
       3. 10.3 Purchased Benefits may have different validity periods and usage rules.
       4. 10.4 The Subscriber is responsible for confirming and understanding Product Rules before purchase.
       5. 10.5 Herotel may limit purchases to qualifying Subscribers, SIMs or Products.
       6. 10.6 Unused Purchased Benefits following suspension, migration, porting or termination will be treated in accordance with Applicable Law and Product Rules.
   11. 11. Charges, rating and out-of-bundle usage
       1. 11.1 The Subscriber is liable for applicable prices, fees, charges, tariffs and rates.
       2. 11.2 Services may be charged against Included Benefits, Purchased Bundles, Promotional Benefits, Rewards, Airtime, another authorised balance type or the Fibre Account where expressly permitted.
       3. 11.3 Different balances may be charged at different rates or have different restrictions.
       4. 11.4 Herotel may determine depletion order as published in Product Rules.
       5. 11.5 Where no eligible Bundle or Benefit is available, usage may be charged at OOB rates where sufficient Airtime or another authorised payment mechanism exists.
       6. 11.6 Herotel will provide mechanisms/notifications to the Subscriber to control, restrict or disable OOB Usage, subject to Applicable Law.
       7. 11.7 Availability of controls depends on Product and platform capability.
       8. 11.8 The Subscriber is responsible for monitoring usage and balances.
       9. 11.9 Usage records generated by charging and network systems are prima facie evidence, subject to a Subscriber’s right to lodge a billing dispute.
   12. 12. Validity, expiry and depletion of benefits
       1. 12.1 Benefits may have different validity periods, expiry rules and depletion priorities.
       2. 12.2 Applicable rules will be published or communicated when allocated or purchased.
       3. 12.3 Herotel may determine the depletion order applicable to Included Benefits, Promotional Benefits, Rewards, Purchased Bundles, Airtime and other balance types.
       4. 12.4 Unused Benefits may expire at the end of the validity period, subject to Applicable Law.
       5. 12.5 Expired Benefits may not be reinstated except where required by law or expressly permitted.
       6. 12.6 Data rollover, transfer and extension options, where available, are governed by Product Rules and Applicable Law.
   13. 13. Changes to, suspension or termination of the fibre service
       1. 13.1 The Subscriber acknowledges that Fibre-linked HeroMobile Services depend upon continued eligibility for the qualifying Fibre Service.
       2. 13.2 If the Primary Subscriber cancels or terminates Fibre, migrates or downgrades to an ineligible package, transfers the Fibre Account, fails to pay, is suspended or terminated for breach, or otherwise ceases to qualify, Herotel may take action under clause 13.3.
       3. 13.3 Herotel may suspend or stop Included Benefits, withdraw discounts, change benefits, suspend SIMs, migrate the Subscriber, offer a standalone product, require selection of another eligible Fibre package, or terminate affected HeroMobile Services.
       4. 13.4 Herotel will provide reasonable notice where required by Applicable Law.
       5. 13.5 A temporary Fibre outage caused by a fault or incident does not automatically make the Subscriber ineligible.
       6. 13.6 Product Rules may provide a grace period for arrears, suspension or migration.
       7. 13.7 Porting a Mobile Number away does not terminate Fibre.
       8. 13.8 Termination of a Subscriber’s Fibre Account does not release amounts lawfully due to Herotel.
   14. 14. Network availability and service quality
       1. 14.1 Herotel will use reasonable endeavours to provide access to HeroMobile Services.
       2. 14.2 Mobile Services depend on Network availability and operation.
       3. 14.3 Coverage, speed and quality may be affected by location, coverage, obstructions, Device capability, congestion, weather, power interruptions, maintenance, faults, roaming and circumstances outside Herotel’s control.
       4. 14.4 Herotel does not guarantee uninterrupted, error-free or continuous availability but offers a best-effort service.
       5. 14.5 Advertised speeds, coverage and performance are not guaranteed unless expressly stated.
       6. 14.6 Nothing in these Terms excludes rights that may not lawfully be excluded.
   15. 15. Roaming and international services
       1. 15.1 Roaming and international services are available only where supported.
       2. 15.2 Roaming may require activation, sufficient balance, purchase of a Bundle or additional terms.
       3. 15.3 Roaming charges may differ materially from domestic charges.
       4. 15.4 The Subscriber is responsible for reviewing rates and terms before HeroMobile use outside South Africa.
       5. 15.5 Herotel may restrict roaming for fraud prevention, credit control, operational or regulatory reasons.
   16. 16. Devices, sims and sim replacement
       1. 16.1 The Subscriber is responsible for using a compatible Device.
       2. 16.2 Herotel does not guarantee every Device will support all Services.
       3. 16.3 The Subscriber must protect SIMs, Devices, passwords, PINs, OTPs and credentials.
       4. 16.4 Lost, stolen, damaged or fraudulently used SIMs must be reported as soon as reasonably possible.
       5. 16.5 The Subscriber must comply with applicable legal obligations for lost or stolen SIMs and Devices.
       6. 16.6 The Subscriber remains liable for authorised charges incurred before suspension, subject to Applicable Law.
       7. 16.7 SIM replacement may be subject to identity verification, security checks, RICA, fees and operational processes.
       8. 16.8 Herotel may refuse or delay a SIM swap where fraud or security concerns exist.
   17. 17. Acceptable use and prohibited conduct
       1. 17.1 HeroMobile Services are intended for bona fide use in accordance with Product Rules.
       2. 17.2 Subscribers may not use Services unlawfully, fraudulently, to interfere with the Network, compromise security, resell without authority, farm SIMs, artificially generate Traffic, send unauthorised bulk messages, conduct prohibited automated calling, exploit consumer tariffs commercially, distribute malware, harass others or otherwise breach law.
       3. 17.3 Herotel may investigate abnormal or suspected fraudulent usage.
       4. 17.4 Herotel may restrict, suspend or terminate Services where reasonably necessary to protect Subscribers, Herotel, the Network Operator or Network.
   18. 18. Subscriber responsibilities
       1. 18.1 The Subscriber must comply with these Terms and law, provide accurate information, secure credentials, pay charges, monitor usage, report fraud, ensure SIM User compliance and cooperate with reasonable investigations.
       2. 18.2 The Subscriber may not transfer ownership of a SIM, Mobile Number or HeroMobile account except through an authorised Herotel process.
       3. 18.3 The Subscriber is responsible for use of Services by persons to whom access is voluntarily provided, subject to Applicable Law.
   19. 19. Herotel responsibilities
       1. 19.1 Herotel will provide Services with reasonable care and skill, comply with Applicable Law, maintain reasonable support channels, protect Personal Information, provide emergency-service access where required and supported, investigate valid complaints, and issue required notices in line with its Code of Conduct found at https://herotel.com/code-of-conduct .
   20. 20. Suspension and termination of heromobile services
       1. 20.1 Herotel may suspend, restrict or terminate HeroMobile Services where required by an Authority or law; the Subscriber breaches; eligibility ends; amounts remain unpaid; fraud or abnormal usage is suspected; a SIM or Device is lost or stolen; false information is provided; an unauthorised Device is used; maintenance is required; continued provision is unfeasible; or Product Rules provide another ground.
       2. 20.2 Herotel may suspend an individual SIM, a group of SIMs or all HeroMobile Services linked to a Fibre Account.
       3. 20.3 Where a breach is capable of remedy, Herotel may provide an opportunity to remedy before Service termination, where required by law.
       4. 20.4 Suspension of Heromobile Services does not waive Herotel’s rights.
       5. 20.5 Reconnection may require a fee payment, verification, and eligibility of a Subscriber.
   21. 21. Mobile number inactivity
       1. 21.1 Herotel may establish inactivity periods applicable to HeroMobile SIMs.
       2. 21.2 The applicable period will be published in Product Rules.
       3. 21.3 After the applicable period, Herotel may provide notice and thereafter suspend, deactivate or recycle the Mobile Number, subject to Applicable Law.
       4. 21.4 Fibre-linked allocation of benefits alone may not constitute qualifying activity.
       5. 21.5 The Subscriber is responsible for ensuring reasonable use of each active SIM.
   22. 22. Treatment of benefits on migration, porting and termination
       1. 22.1 Treatment of remaining benefits depends on benefit type and Applicable Law.
       2. 22.2 Purchased Benefits will be treated in accordance with Applicable Law and Product Rules.
       3. 22.3 Included Benefits may cease or expire when Fibre terminates, the Subscriber migrates to an ineligible product, validity expires or eligibility otherwise ends.
       4. 22.4 Promotional Benefits and Rewards may expire, be withdrawn or forfeited in accordance with Product Rules.
       5. 22.5 No Benefit may be converted to cash unless expressly permitted or required by law.
       6. 22.6 Herotel will not unlawfully confiscate purchased value.
   23. 23. Privacy, personal information and communications
       1. 23.1 Herotel will Process Personal Information in accordance with POPIA, Applicable Law and its privacy policy found at https://herotel.com/privacy-policy .
       2. 23.2 Personal Information may be Processed for onboarding, RICA, service provision, billing, support, fraud prevention, security, compliance, analytics, service improvement, product management and permitted marketing.
       3. 23.3 Herotel may share Personal Information with authorised service providers, Network Operators, payment providers, regulators and other parties where necessary or lawful.
       4. 23.4 The Subscriber is responsible for ensuring that Personal Information provided for SIM Users is lawfully provided.
       5. 23.5 Service communications may be sent by SMS, email, WhatsApp, portal, application, web chat or other appropriate channels.
       6. 23.6 Marketing communications will be managed in accordance with Applicable Law and opt-out requirements.
   24. 24. Intellectual property
       1. 24.1 All intellectual property relating to HeroMobile, Herotel, Services, platforms, software, brands, trademarks and content remains with Herotel or the applicable rights holder.
       2. 24.2 Nothing in these Terms transfers intellectual property rights to the Subscriber.
       3. 24.3 The Subscriber may not use HeroMobile or Herotel intellectual property without prior written permission from Herotel.
   25. 25. Liability
       1. 25.1 Neither Party excludes or limits liability where prohibited by Applicable Law.
       2. 25.2 Subject to clause 25.1, Herotel will not be liable for indirect, consequential or special loss arising from Network outages, interruptions, loss of coverage, Device incompatibility, third-party services, circumstances outside its control, or unauthorised use resulting from failure to protect a SIM, Device or credentials.
       3. 25.3 Herotel remains responsible for obligations that cannot lawfully be excluded.
       4. 25.4 The Subscriber is responsible for loss suffered by Herotel as a direct result of unlawful, fraudulent or intentional conduct, subject to Applicable Law.
   26. 26. Complaints and dispute resolution
       1. 26.1 Subscribers should first submit complaints through HeroMobile customer support channels published on the Website.
       2. 26.2 Herotel will investigate complaints in accordance with its procedures and Applicable Law.
       3. 26.3 The Subscriber must provide sufficient information for investigation.
       4. 26.4 Billing disputes should identify the Mobile Number, transaction, amount and period.
       5. 26.5 If unresolved after the internal process, the Subscriber may refer the matter to an appropriate regulator, consumer body, ombud or tribunal.
       6. 26.6 Nothing prevents either Party from seeking urgent court relief.
   27. 27. Notices and contact details
       1. 27.1 Herotel contact details: Contracting Entity – Herotel (Pty) Ltd; Physical Address
       2. Registration No: 2015/122781/07; Email Address legal@herotel.com; Customer Care Number 135 (from your Heromobile SIM) 084 137 34 (from any other number) Website https://heromobile.herotel.com/ .
       3. 27.2 The Subscriber’s contact details will be those recorded on the Fibre Account, HeroMobile account or supplied during onboarding.
       4. 27.3 The Subscriber must keep contact information accurate and current.
       5. 27.4 Notices may be delivered by hand, post, email, SMS, portal, application or another method permitted by law.
       6. 27.5 A notice will be regarded as received in accordance with Applicable Law and contractual notice requirements.
   28. 28. Changes to these terms, products and product rules
       1. 28.1 Herotel may amend these Terms, Product Rules, tariffs, Products and Benefits from time to time.
       2. 28.2 Herotel will provide notice of material changes where required by law.
       3. 28.3 Updated Terms may be published on the Website or communicated through another appropriate channel.
       4. 28.4 Continued use after the effective date constitutes acceptance to the extent permitted by law.
       5. 28.5 If the Subscriber does not accept a material amendment, available rights under Applicable Law may be exercised.
   29. 29. Force majeure and events outside reasonable control
       1. 29.1 Herotel will not be liable for failure or delay caused by circumstances outside its reasonable control, including natural disasters, fire, flood, severe weather, war, civil unrest, terrorism, industrial action, widespread power failures, cable breaks, Network Operator failures, third-party infrastructure failures, government action or regulatory intervention.
       2. 29.2 Herotel will use reasonable endeavours to restore affected Services.
   30. 30. General provisions
       1. 30.1 These Terms read together with the applicable Herotel Master Service Terms found at https://herotel.com/compliance/master-service-terms and other incorporated documents constitute the agreement governing use of HeroMobile Services.
       2. 30.2 The Subscriber may not cede, assign or transfer rights or obligations without Herotel’s prior written consent.
       3. 30.3 Herotel may cede, assign, transfer or delegate rights or obligations to an Affiliate, successor, purchaser or authorised service provider, subject to Applicable Law.
       4. 30.4 If any provision is invalid or unenforceable, the remaining provisions continue.
       5. 30.5 Failure or delay to exercise a right is not a waiver.
       6. 30.6 These Terms do not create a partnership, joint venture, employment or agency relationship.
       7. 30.7 Herotel may use Affiliates, Network Operators, technology providers, distributors, agents, contractors and other providers.
       8. 30.8 The Subscriber acknowledges that certain Services depend on third-party systems and infrastructure.
       9. 30.9 These Terms are governed by the laws of the Republic of South Africa.
       10. 30.10 The Parties submit to courts and dispute-resolution bodies having jurisdiction under Applicable Law.
       11. 30.11 To the extent that the Terms, Heromobile Products or Services are governed by the Consumer Protection Act, 2008 (the “Consumer Protection Act”), no provision of these Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms must be treated as in compliance with the Consumer Protection Act.
   31. 31. Future heromobile products and standalone mobile services
       1. 31.1 Herotel may introduce new HeroMobile Products, technologies and service models.
       2. 31.2 These may include standalone mobile products, family plans, pooled Data, business products, eSIM, converged propositions, loyalty products, device or hardware propositions and other digital services.
       3. 31.3 Eligibility for future Products will be governed by Product Rules.
       4. 31.4 Introduction of a new Product does not automatically entitle an existing Subscriber to migrate.
       5. 31.5 Herotel may require acceptance of additional terms before a new Service is used.
   32. 32. Acceptance of these terms
       1. 32.1 The Subscriber confirms acceptance by applying for HeroMobile Services, activating a SIM, accepting electronically, using the Services or otherwise indicating acceptance through an authorised channel.
       2. 32.2 These Terms take effect on the earlier of acceptance or first use of HeroMobile Services.