Terms of Use

 
TRACE MOBILE WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS

This document contains the terms and conditions for the use of TRACE Mobile’s website and online services.

By accessing any page on the TRACE Mobile website or making use of any online services you agree to the following terms and conditions.

In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA“) these terms and conditions are binding and enforceable against all persons that access the TRACE Mobile web site or any part thereof or make use of any online services offered by TRACE Mobile.

If you do not agree with these terms and conditions you must leave the TRACE Mobile web site and discontinue your use of the online services without delay, as further use will mean that you have accepted these terms and conditions and agree to these terms and conditions.

Important terms which may limit TRACE Mobile’s responsibility or involve some risk for you may be in bold. You must pay special attention to these terms and conditions.

1. DEFINITIONS AND INTERPRETATION

1.1. “The TRACE Mobile website” means the TRACE Mobile website owned and operated by TRACE TV and located at http://www.tracemobile.co.za, including any page, part or element thereof;

1.2. “TRACE Mobile” means TRACE TV (Pty) Ltd, registration number 2012/09777/07.

1.3. “online services” means the TRACE Mobile website and any other service offered by TRACE Mobile through electronic means, including but not limited to electronic billing platforms, online portals, and interactive customer websites, and shall include the content and information provided or exchanged as part of such services;

1.4. “User / you or your” means any person who enters or uses the TRACE Mobile web site or online services, notwithstanding the fact that such a person only visits the home page of the TRACE Mobile web site or online service portals;

1.5. References herein to the singular include the plural and vice versa; and

1.6. Hyperlinks have been used in these terms and conditions. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.

2. DISCLAIMER

2.1. Whilst every reasonable effort has been made by TRACE Mobile, and its suppliers of content and information, to ensure the proper performance of the online services, the accuracy of the content, information and images and the reliability of the binary data on the online services, TRACE Mobile, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content, information and/or images offered on the online services.

2.2. TRACE Mobile makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the online services and the online services are used at your own risk.

2.3. TRACE Mobile does not warrant that the online services will meet your requirements, be uninterrupted, complete, timely, secure or error free.

3. INDEMNITIES AND LIMITATION OF LIABILITY

3.1. TRACE Mobile shall not be liable to you or any third party, in any manner whatsoever, and you indemnify TRACE Mobile accordingly, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the online services or your use of the online services, other than in respect of losses caused by TRACE Mobile gross negligence or intentional misconduct.

3.2. TRACE Mobile shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the Cell C network, termination of any licence to operate or use the Cell C network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond TRACE Mobile’s reasonable control.

4. PERMITTED USE AND LICENSE

4.1. You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the online services for lawful and legal purposes.

4.2. You warrant that you shall not:

4.2.1. use the online services for commercial and non-private purposes; and

4.2.2. use the online services to receive or transmit material which is in violation of any law or regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights;

4.3. The caching of the online services shall only be allowed if:

4.3.1. the purpose of the caching is to make the onward transmission of the content from the online services more efficient;

4.3.2. the cached content is not modified in any manner whatsoever;

4.3.3. the cached content is updated at least every 12 (twelve) hours; and

4.3.4. the cached content is removed or updated when so required by TRACE Mobile.

4.4. If you use content from the online services in breach of these terms and conditions:

4.4.1. TRACE Mobile reserves the right to claim damages from you;

4.4.2. TRACE Mobile reserves the right to institute criminal proceedings against you; and

4.4.3. TRACE Mobile shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party who obtained any content from you.

4.5. Hyperlinks to the online services from any other source shall be directed at the home page of the TRACE Mobile web site. Links beyond the TRACE Mobile website home page may only be used with TRACE Mobile’s prior written consent.

4.6. Users may quote small and reasonable amounts of content available from the online services only if such content is placed in inverted commas and the source acknowledged.

4.7. No person may, without the prior written consent of TRACE Mobile, frame the online services in any manner whatsoever.

4.8. Apart from bona-fide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the online services for any purposes, without the prior written consent of TRACE Mobile.

4.9. E-mail addresses, names, telephone numbers and fax numbers published on the online services may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information in/on the online services may be used to communicate unsolicited communications to TRACE Mobile and all of TRACE Mobile’s rights are reserved.

4.10. All licenses and/or permissions granted in terms of these terms and conditions are provided on a nonexclusive and non-transferable basis and may be terminated or cancelled by TRACE Mobile at any time without prior notice or reason.

5. PASSWORD/PIN FOR ACCESS TO ONLINE SERVICES

5.1 You agree that you will be responsible for the safekeeping of your password/PIN for access to all online services and you accept all liability in the event that the password/PIN is disclosed to a third party, whether intentional or unintentional. You agree that the disclosure of your password/PIN is done at your own risk.

5.2 Furthermore, you acknowledge that you are responsible for ensuring that no unauthorised access to the online services is obtained using your password/PIN, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.

5.3 You agree that if you disclose your password/PIN to a third party, the third party may have access to your personal, account and billing information and agree that TRACE Mobile shall not be liable in this regard.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All intellectual property on the TRACE Mobile web site and online services, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to TRACE Mobile and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the TRACE Mobile website and online services are expressly reserved.

7. SOFTWARE AND EQUIPMENT

7.1. It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the online services and/or download content from the TRACE Mobile web site and the online services.

8. PRIVACY STATEMENT

8.1. TRACE Mobile shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information. For the purpose of these terms and conditions, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013.

8.2. As and when necessary, TRACE Mobile may electronically collect, store, disclose and/or use the following of your personal information:

8.2.1. name and surname;

8.2.2. contact numbers;

8.2.3. non-personal browsing habits and click patterns;

8.2.4. e-mail address;

8.2.5. IP address;

8.2.6. geographical location;

8.2.7. account details; and/or

8.2.8. username and password (required for access to personal information pages).

8.3 TRACE Mobile collects stores and uses the above mentioned information in order for TRACE Mobile to:

8.3.1 communicate requested information to you;

8.3.2 respond to queries, responses or complaints submitted by you;

8.3.3 process orders or applications for TRACE Mobile products and/or services;

8.3.4 create products or services that may meet your future requirements;

8.3.5 provide you with access to restricted pages on the TRACE Mobile web site; and

8.3.6 compile non-personal statistical information about browsing habits, click-patterns and access to the online services.

8.4 Personal information detailed above is collected and/or stored either electronically by the use of “cookies” or is provided voluntarily with your knowledge and consent. You can determine any use of cookies through your browser settings, but note that turning off cookies may cause certain features of the online services or TRACE Mobile website to be unavailable to you.

8.5 TRACE Mobile may further collect non-personal information, for example, your IP address, the date and time of your visits to the TRACE Mobile website, and browser history, to recognise you during any subsequent visits to the TRACE Mobile website and/or use of the online services. TRACE Mobile may further use this non-personal information to develop future products and/or services to meet your requirements and needs.

8.6 TRACE Mobile owns and retains all rights to non-personal statistical information collected and compiled by TRACE Mobile.

8.7 As and when necessary, TRACE Mobile may use and/or disclose your personal information collected:

8.7.1 in order to comply with legal and regulatory requirements and applicable laws;

8.7.2 to either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order to ascertain information relating to your creditworthiness and for fraud prevention purposes and in order to process any payment transactions where necessary;

8.7.3 to attorneys and/or debt collection agencies if you breach any agreements with TRACE Mobile;

8.7.4 to TRACE Mobile’s agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide TRACE Mobile products, services and the online services to you;

8.7.5 to consumer research companies for the purposes of conducting research on improving TRACE Mobile products, services and the online services;

8.7.6 for the purposes of us publishing a directory containing the name, address, details and the applicable cellphone number of TRACE Mobile subscribers; and

8.7.7 for the purposes of TRACE Mobile informing or sending information to you about any new services or products offered by TRACE Mobile and/or by any of TRACE Mobile’s agents and/or consultants and/or trade partners which we consider may be of interest to you. TRACE Mobile will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.

8.8 By using the online services and the TRACE Mobile website you understand that TRACE Mobile may, where necessary and where permitted by law, monitor your calls, e-mails or SMS’s for business purposes, including for purposes of quality control, training, marketing and improving the online services. TRACE Mobile agrees that it will not disclose any personal information that could be used to identify you.

8.9 TRACE Mobile reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.

9. HYPERLINKS TO THIRD PARTY SITES

9.1 In the event that the online services contain hyperlinks to third party sites not controlled by TRACE Mobile (“target sites“), TRACE Mobile is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by TRACE Mobile of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk TRACE Mobile recommends that you check the policy of the target sites if you have any concerns or questions.

9.2 TRACE Mobile shall not be liable, in any manner whatsoever, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from the use and access to target sites and the content on such target sites. Persons that wish to link to content beyond the home page of the TRACE Mobile website and/or online services without TRACE Mobile’s prior written consent shall do so at their own risk and indemnify TRACE Mobile against any loss, liability or damage that may result from the use of content from the TRACE Mobile website and online services, if such content was accessed through a hyperlink not directed at the home page of the TRACE Mobile website and/or online services. TRACE Mobile’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

10. SECURITY

10.1 TRACE Mobile shall take all reasonable steps to secure the content of the online services and the information provided by and collected from Users from unauthorised access and/or disclosure, however, TRACE Mobile makes no warranties or representations in this regard.

10.2 While TRACE Mobile has implemented appropriate and reasonable security technologies and practices, please be aware that internet communications are insecure unless they have been encrypted and/or appropriate security safeguards implemented. Accordingly, TRACE Mobile assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond TRACE Mobile’s control.

11. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA

11.1. Access to the services, content, software and downloads available from the online services may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, TRACE Mobile provides the following information:

11.1.1. The full name and legal status of the online services owner: TRACE TV (Pty) Ltd, registration number 2012/09777/07.

11.1.2. Street address: 1st Floor, The Design District, 7 Keyes Avenue, Rosebank, Johannesburg, 2092; South Africa;

11.1.3. Postal address: 1st Floor, The Design District, 7 Keyes Avenue, Rosebank, Johannesburg, 2092; South Africa;

11.1.4. Physical address for receipt of legal service: 1st Floor, The Design District, 7 Keyes Avenue, Rosebank, Johannesburg, 2092, South Africa;

11.1.5. Main business: TRACE TV is a Music Television Network.

11.1.6. The web site address of TRACE Mobile web site is: http://www.tracemobile.co.za;

11.1.7. The official e-mail address of the TRACE Mobile web site is: customercare@trace.tv;

11.1.8. Access to and use of the TRACE Mobile web site is provided at standard data charges;

11.1.9. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding access to online services; the inability to access the online services; the services and content available from the online services; or these terms and conditions, shall be referred to TRACE Mobile;

11.1.10. You may return goods or services as detailed in ECTA, the Consumer Protection Act and TRACE Mobile’s policies; and

11.1.11. Users may lodge complaints concerning the online services with TRACE Mobile at customercare@trace.tv

12. CHANGES AND AMENDMENTS

12.1 To the extent permitted by law, TRACE Mobile reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

12.1.1. change these terms and conditions;

12.1.2. change the content and/or services available from the online services;

12.1.3. alter and/or discontinue any aspect of the online services; and/or

12.1.4. change the software and hardware required to access and use the online services.

12.2 The amended versions of the terms and conditions and online services will be displayed in the same media as these terms and conditions. By continuing to use the online services, you agree and understand that you will be bound by the amended terms and conditions.