TRACE MOBILE SERVICES TERMS AND CONDITIONS

 

For help, please contact us at: Customer Care – 0861 000 117 or email: support@tracemobile.co.za

Welcome to TRACE Mobile!  We are the NEXT GEN mobile network from the TRACE Family.  Welcome to our world of #NEVEREXPIRE deals and great customer service.

 

This document contains the Terms and Conditions for the use of theTRACE Mobile Services. By obtaining a TRACE Mobile SIM card, and thereby joining our network, it will mean that you have accepted and agreed to these Terms and Conditions. We recommend you read these Terms and Condition carefully and contact our Customer Services if you have any questions.  We would like to advise you that a Term in bold, usually means that its an important Term so please read the bolded terms with special care.

Into entering into this Agreement, you confirm that all information you provide in the process of registering and using our Services is true and correct.

 

For Terms and Conditions related to use of our Website or Application, please see the tab Online Services.  These Terms and Conditions form a set, and should be read together.

 

1. OVERVIEW

 

1.1 TRACE MOBILE is a Mobile network based in South Africa, offering PrePaid, SIM-based access to mobile network services including airtime, data, SMS and other services [hereafter referred to collectively as ‘Services’].

 

1.2 Our Services are available in South Africa only, but not limited to South African citizens or residents.  However, you will need to pass the ‘RICA’ process so please see clause 4.

 

1.3 TRACE Mobile is intended for non-commercial, personal use, and may not be resold or used commercially in any manner whatsoever.

 

2. #NEVEREXPIRE

 

2.1TRACE MOBILE offers innovative features around the #NEVEREXPIRE concept.

 

2.2 We offer #NEVEREXPIRE data.  Please take note that this means that the data has no expiry date.  Any amount of data you buy from us will be available for the full duration of this Agreement, as long as your SIM card is active with us.  As you use it, it will be depleted.

 

2.3 We offer #NEVEREXPIRE content.  This means that there will always be new content on our Online Services for you to look at, usually in our TRACE Play service.

 

2.4 We offer #NEVEREXPIRE rewards.  This means that we offer discounts and special offers on partner products and services, on an ongoing basis, which you can access via our Online Services.  These will change from time to time, so if you see a Reward that interests you, we recommend to use it immediately, as we may not offer the same Reward a second time.  Please see our Online Services tab for specific Terms and Conditions around Rewards.

 

3.USE OF TRACE MOBILE SIM AND SERVICES

 

3.1 Once you obtain a Trace Mobile SIM card, you are agreeing to these Terms and Conditions; whether you purchase it or are given it free of charge, or obtain it by any other manner whatsoever.

 

3.2 By doing so, you have entered into a contract with us, which will continue to run until terminated by one of the Parties [that means you or TRACE Mobile].

 

3.3 TRACE Mobile reserves the right to suspend, refuse or terminate Service to you if we suspect a breach of this Agreement, potential damage to our network, abuse of our network, fraud or criminal activity or any other false or misleading activity.

 

4.OBTAINING A TRACE MOBILE SIM CARD AND RICA

 

4.1 RICA is a legal process in South Africa which requires a person to confirm their identity before we can release a SIM to them.  We are bound to follow this process under South Africa law; The Regulation of Interception of Communications Act 70 of 2002; as well as any other applicable legislation.

 

4.2 This requires an in-person process, whereby the person must prove their identity [usually with their South African Identity Document] and their residential address [no more than three [3] months old] with one of the prescribed documents.  We may not legally release a SIM card to a person without this process.

 

4.3 There are many ways in which a user can get a SIM card for our network, which include:

 

4.3.1 Purchase via one of our approved distribution outlets

 

4.3.2 Home delivery following the online registration and RICA process on our Website and Application [Please see the Online Services tab for specific Terms related to this process]

 

4.3.3 Free provision in at one of our activations or promotions

 

4.4 Please take note that any SIM that we provide to you is our property.

 

4.5 If your SIM is lost, stolen or damaged, you are required to immediately block the SIM, and notify TRACE Mobile by calling 135 to request a replacement SIM or a SIM Swop. You may have to pay a replacement fee. You will be liable for all charges relating to use of your SIM if it has been lost or stolen until the time that you notify us that you no longer have the SIM in your possession.

 

4.6 We do recommend that you do notify the South African Police Services if your SIM is stolen.

 

4.7 We will replace any defective SIMs for the duration of this Agreement free of charge, but we do reserve the right to charge for delivery if we need to. Please contact Customer Services if your SIM is defective.

 

4.8 At present TRACE Mobile does not charge a delivery fee for users who obtain a SIM card through our Application, however, we reserve the right to change this at any time.

 

4.9 We reserve the right to charge for the provision of a SIM card or to waiver the charge if we are running a promotion.  Please check our website for up to date details.

 

5. BILLING AND PAYMENT

 

5.1 As a TRACE Mobile customer, you will be solely responsible for the purchase of airtime, data and any other TRACE Mobile product or Bundle of your choosing.

 

5.2 This will be allocated to your account once payment has been received in full by TRACE Mobile, through any of our approved payment methods.

 

5.3 Data, airtime and Bundles purchased from TRACE Mobile do not expire.  However, if you become an Inactive Subscriber, meaning that you have not used your SIM card on our network in the past ninety [90] days, we reserve the right to Terminate this Agreement, which will mean that any balances in that account will be cleared.  However, as an active subscriber who uses their SIM in every ninety [90] day period, your airtime and data purchases will #NEVEREXPIRE. We may or may not notify you in the case of Termination, depending on the circumstances.

5.4TRACE Mobile is a PrePaid only service and does not offer credit or account services. You must prepay your Services in full in order for them to be allocated to your account.

 

5.5 TRACE Mobile offers online payments via our Mobile Application and website, at our discretion.  These billings are processed by a specialist partner, Peach Payments, as you will see on the screen when you access this section.  They do have their own Terms and Conditions, and you will be required to agree to these before you can enter the billing section. Please do read them carefully as they are not mentioned here.

 

5.6 Peach Payments are strongly concerned with Card safety and they advise that no sensitive cardholder data is stored on merchants’ servers at any time for either once-off or subscription payments.  This means that Trace Mobile does not store, access or process your billing details at any time, and cannot be held liable for any issues with payment or any consequences of your choosing to enter your details to Peach Payments systems whatsoever.

 

5.7 If you opt to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payment’s systems. Merchants’ staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

 

5.8 Please do contact Peach Payments directly with any billing issues or questions at  021-2005877 or support@peachpayments.com.

 

6. BUYING AIRTIME VIA CELL C

 

6.1 As TRACE Mobile uses the Cell C network as its ‘backbone’, it is possible to buy Cell C airtime vouchers to top up your airtime.

 

6.2 You can buy a Cell C voucher and follow the instructions on the voucher to load airtime to your Trace Mobile account.

 

6.3 Note that Cell C data will not work on the Trace Mobile network.  To get data via Cell C airtime, please buy your airtime and load this, and then convert it to data by using our Website or Mobile Application.

 

6.4 Cell C is a third party over which we have no control so please see their terms and conditions at https://www.cellc.co.za/cellc/terms-conditions.

 

6.5 We recommend that you buy airtime and data directly from us, using our Website and Application, as this is in our control and our network, and we can better assist you if you have an issue.

 

7. CHARGES

 

7.1 Once you have added airtime or data services to your account, you can begin to use our Services.

 

7.2 You be charged via a deduction of your airtime or data balance for your usage of our Services.  Amongst other things, we charge for SMS, voice calls, data usage such as internet browsing and Whatsapp.

 

7.3 TRACE Mobile products must be paid for in full, to the amount reflected in our Services, and will not work until such time as payment has been made in full.

 

7.4 Airtime is billed on a per second basis, from the first second.

 

7.5 Data is billed on a usage basis in megabytes, from the first megabyte.

 

7.6 We also sell Bundles as reflected on our website.  We encourage you to look at our offering there.

 

7.7 Note that if you purchase a Bundle and it is depleted, you will be charged Out Of Bundle rates.  We will do our best to send you an alert to let you know but it is your responsibility to check the rates and your balance.

 

7.8 Once you have depleted the balance in your account to zero, you will not be able to make use of the Service until you recharge to a positive balance.

 

7.9 Our rates may change from time to time, or we may have special offers so please check our website at https://www.tracemobile.co.za/price-plan/

 

7.10 Should you purchase TRACE Mobile airtime or data from a third party, such as Pick n Pay or Cell C, please note that they have their own Terms and Conditions for transactions and it is your responsibility to check these.  We have chosen our partners with care to give you the best service possible, but please take note to check that you are happy with their service. We recommend to buy Services directly from us, via the TRACE Mobile App or website, as that will be covered fully by these Terms and Conditions.

 

7.11 From time to time we may offer paid third-party services, such as VAS or content services.  We reserve the right to charge for these as advertised. You must please read the information we give carefully before purchasing such services, and pay careful attention to important information such as compatibility of your device.

 

8. INTERNATIONAL SERVICES

 

8.1 At present TRACE Mobile does not offer a roaming service.  Please check our website from time to time to take note if we have changed this policy.

 

8.2 We do offer calls to international numbers, for which rates can be found on our website at https://www.tracemobile.co.za/price-plan/

 

8.3 Note that calls to international numbers are more expensive than calls to local numbers and will deplete your airtime more quickly.

 

9. PORTING

 

9.1 It is possible to move your number from another network in South Africa, to join TRACE Mobile and keep your number, which we call ‘Porting’.

 

9.2 It is not possible to move any balance in your account, so we recommend to use this before you Port.

 

9.3 It is also possible to Port to another network from TRACE Mobile.

 

9.4 It is not possible to move any balance in your account, so we recommend to use this before you Port.

 

9.5 We recommend to call our Customer Service on 135 as the easiest way to Port.

 

10. REWARDS AND COMPETITIONS

 

10.1 We offer rewards and competitions to our subscribers which can be found on our website and application.

 

10.2 Please see the Online Services tab for specific Terms and Conditions related to Rewards and Competitions.

 

11. USE OF OUR SERVICE

 

11.1 We will use our very best efforts to deliver the service that is described in this Agreement, but we must acknowledge that certain elements are delivered by third parties over whom we have no control.

 

11.2 We rely on these third parties to deliver our network and parts of our service so we cannot guarantee that our service will be fault free, uninterrupted or will work as you expect it to.  There are also other factors that influence the delivery of our service including weather, signal strength, your devices and other elements, over which we have no control whatsoever.

 

11.3 Maintenance, planned or unplanned by our technical partners will also affect the performance of our service and we will do our best, where possible, to let you know about this in advance.

 

11.4 Please take note that you may only use our Services for lawful purposes.  By agreeing to these Terms and Conditions, you are also agreeing not to use our Services to transmit material which is unlawful in any way, such as threatening or obscene messages, defamation, hate speech or any breach of intellectual property rights.  We strongly advise against use of our Services for spam purposes or any unsolicited mass communications.

 

11.5 It is entirely your choice how you wish to use our Services.  Please note that we can’t be held liable for any information, experience or content that you may access in the use of any part of our Services, including any content or information that you may find on the internet.

 

12. INTELLECTUAL PROPERTY RIGHTS

 

12.1 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 TRACE Mobile and as such, are protected from infringement by domestic and international legislation and treaties.

 

12.2 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 Application and Online Services are expressly reserved.

 

13. SOFTWARE AND EQUIPMENT

 

13.1 It is your responsibility to acquire and maintain, at your own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Online Services.

 

13.2 Please check that your devices are compatible before subscribing to any service or trying to access it.

 

14. PRIVACY STATEMENT

 

14.1 TRACE Mobile does take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information.

 

14.2 As and when necessary, TRACE Mobile may directly or indirectly collect, store, process and/or use the following of your personal information, including but not limited to; name and surname; contact numbers; non-personal browsing habits and click patterns; e-mail address; IP address; geographical location; account details; and/or username and password for our website and Application.

 

14.3 TRACE Mobile collects stores and uses the above-mentioned information for various reasons, including but not limited to communication, providing access to restricted sections and compiling non-personal aggregate information about browsing habits, click-patterns and access to the online services.

 

14.4 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 and Application to be unavailable to you.

 

14.5 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 Application, and browser history, to recognise you during any subsequent visits to the TRACE Mobile website and Application 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.

 

14.6 TRACE Mobile may disclose your personal information collected from time to time, where required by a legal process, where it becomes necessary as you have breached this Agreement, where necessary for our business processes, for research purposes where the goal is provision of better Services to our Subscribers and Users

 

14.7 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.

 

14.8 TRACE Mobile reserves the right to process information outside the borders of South Africa, where required or advantageous to business purposes, but always with respect to these Terms and Conditions.

 

15. CONTENT ON THIRD PARTY SITES

 

15.1 From time to time, you might come across content from third party sites that we include in our Services, such as videos in our Trace Play service or in our social media.

 

15.2 We make every effort to monitor such third-party services, however, we cannot be held responsible for any offensive content that may be displayed there.

 

15.3 You access these sites at your own risk and responsibility.

 

15.4 Please see the specific terms of the third party site as well as the Terms of our Online Services.

 

16. BREACH

 

16.1 Should you breach a provision of this Agreement, you will have fifteen [15] days to remedy the breach.  If after such time has passed, you have not remedied the breach, we will have the right to:

 

16.2 Enforce this Agreement or

 

16.3 Terminate this Agreement

 

16.4 Claim any damages which we have suffered as a consequence of your breach.  Please note that you will be liable for the charges including tracing agent fees and legal fees on an attorney and client scale.

 

17. TERMINATION

 

17.1 TRACE Mobile reserves the right to terminate this Agreement should you become an Inactive User, who has not used their SIM card on our network in ninety [90] days.

 

17.2 We will not necessarily notify you that we are terminating you, depending on the circumstances.

 

17.3 At that time, we reserve the right to allocate your number to another user.

 

17.4 Should your account have a positive balance, we will make every effort to contact you to use this balance prior to Termination, however, it is your responsibility to check your balances and there will be no liability on us if your account is terminated with a positive balance.  There is no right of refund, as we are unable to access this balance to refund it or reallocate it, and it is genuinely inaccessible and non-transferable.

 

18. INDEMNITY AND WAIVER

 

18.1 TRACE Mobile makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the Services.

 

18.2 Use of the Services is entirely at your own risk.

 

18.3 We cannot be held liable for any losses which you may incur during interruption of Services.

 

18.4 You indemnify us against any loss or damage which any person (including ourselves) may suffer arising directly or indirectly from you breaching your obligations under this Agreement.

 

18.5 You agree not to hold us or any of our third party providers (to the extent permitted by law) liable for damages, losses, costs or expenses, whether direct, indirect or consequential arising from or in connection with any act, omission, neglect or default of a third party provider, or us where this is a result of the third party provider’s action or omission, neglect or default.

 

18.6 We are not liable for any failure or delay in providing any Services, in correcting any fault in any Services, failure or incorrect operation of any Service, or any other delay or default in performance under this Agreement if it is caused by an event reasonably beyond our control, including but not limited to civil insurrection, interruption in electrical supply, accident, act of God, industrial action, a direction of any sort by ICASA, delay, failure or default by any other supplier or Network Operator.

 

19. GENERAL

 

19.1 TRACE Mobile reserves the right to change these terms and conditions from time to time, and will advise via notification on our Website.  You agree that this will be enough notice to you.

 

19.2 Any concession or time delay we allow to you does not affect our rights under this Agreement

 

19.3 If any term of this Agreement is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.

 

19.4 You cannot transfer to anyone else, without our consent your SIM. Nor may you, transfer, cede or assign any of your rights and responsibilities under this Agreement. We can transfer, cede or assign any of our rights and obligations at any time.

 

20. DEFINITIONS AND INTERPRETATION

 

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

 

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

 

20.3“The TRACE Application’ means the mobile application available on the Google Play Store and the Apple AppStore;

 

20.4 “Online Services” means the TRACE Mobile website, the TRACE Application 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;

 

20.5 “User / you or your” means any person who enters, accesses or uses the TRACE Mobile Online Services;

 

20.6 “Airtime” means cellular airtime, messaging platforms, data bundling and value-added services;

 

20.7 “Bundle” means the combination of the components of Airtime and Data which you choose, and the pricing applicable thereto, as well as any other advertised components;

 

20.8 “Customer Services” means our Customer Services department which you can contact on 0861 000 117 at normal charges (or 135 free from your TRACE mobile SIM) or via email;

 

20.9 “Network Operator” means any person licensed to operate an electronic communications network using cellular technology, in South Africa

 

20.10 “Network” means the digital mobile device network and/or the wireless platform for internet services in South Africa that allows you to receive or use our Services;

 

20.11 “Out-of-Bundle Airtime” means any Airtime which is not In-Bundle Airtime;

 

20.12 “SIM” means the SIM card or Subscriber Identity Module card containing your phone number and which is programmed to allow you access to our Services over the Network;

 

20.13 “Subscriber’ refers to a person who has activated and used a Trace Mobile SIM card on our network, and applied value thereto;

 

20.14 “Usage Charges” the usage charges pertaining to your utilisation of Airtime;

 

20.15 “we”, “us” and “our” means TRACE Mobile [as defined in this Agreement, its agents, employees, affiliates, subsidiaries or its successors-in-title;

 

20.16 “you” and/or “your” means you the customer who applies for and receives our Service.

 

Copyright TRACE Mobile v2 published March 2019


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 https://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: https://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.