Terms of use

Welcome to Trace Friends, operated by The Dating Lab Limited (Pty) Ltd.

Throughout this document, the words "Trace Friends", "service", "the app", "the site", "we", "us" and "our" refer to us, The Dating Lab, our application, Trace Friends or our services, Trace Friends, as is appropriate in the context of the use of the words.

Likewise, the words "you", "your" and "user" refers to you, the person who is presented with this document for your agreement prior to creating your profile on Trace Friends.

By using Trace Friends, you agree to the Terms of Use and Privacy Policy which define the terms and conditions under which you're allowed to use Trace Friends and how we'll treat your account while you're a user. In case you do not agree to any of these, please do not use this service. This is a legal agreement.

Who Can Use Trace Friends

Use of Trace Friends is limited to individuals who must be at least 18 years old and is intended for adult users to communicate with each other via the service.

By using Trace Friends, you represent and warrant that you have the right, authority and capacity to enter into this agreement by accepting these terms.

License to Use Trace Friends

The Terms of Use are personal to you. You may not assign your rights or obligations to anyone. If any provision in these terms is invalid or unenforceable under any applicable law, such provision will be inapplicable, but the remaining provisions of this agreement will continue in full force and effect.

Except as expressly permitted by us in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Trace Friends, nor will you take any measures to interfere with or damage Trace Friends. All rights not expressly granted by us, are reserved.

Creating an Account

To use Trace Friends, you must first become a member by creating a profile using an email address and a password or through a supported social network account, e.g. Facebook. Should you choose to create your profile using a social media account, you authorise us to access and use certain personal information from your social network account, such as your name, age, email address and other personal information that your social network privacy settings permit us to access.

You agree to provide Trace Friends with accurate, complete and updated personal information, particularly your email address. It's really important that the email address associated with your Trace Friends account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.

You are solely responsible for keeping your password and any other information associated with your account confidential and to notify us if you believe that your account has been accessed by an unauthorized person. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.

Term and Termination

The term begins when you sign up to Trace Friends and continues as long as you use our service. Joining the service means that you have officially "signed" the Terms of Use.

You may terminate your membership at any time, for any reason, by following the instructions on the Settings page.

We, at our sole discretion, may terminate your membership for any reason or no reason. We are not required to provide you notice prior to terminating your membership. We are not required, and may be prohibited, from disclosing a reason for the termination of your account.

You acknowledge and accept that the termination of your membership, for any reason, implies that the content you added on Trace Friends may, in our discretion, be fully or partially deleted and that termination neither by you nor by us will entitle you to any reimbursement.

Privacy

Your privacy rights are set forth in our Privacy Policy which forms a part of this agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you
  • What we use that information for
  • What third-party information, if any, you are agreeing to share by using Trace Friends; and
  • With whom we share that information

User Obligations

Any use of Trace Friends must be in accordance with the applicable laws of your location. You must not use the Trace Friends when your applicable laws do not allow you to do so.

In case of a criminal offence committed by a user, Trace Friends may supply that user's personal data to the competent authorities if legally obligated to do so, and without prior notification to the user concerned. Further information on how we treat your personal data can be found in our Privacy Policy.

You may not use Trace Friends to sell any goods or services, or distribute any promotional materials without explicit permission from us.

Keep it clean, not mean. By using Trace Friends, you must behave in a decent and respectful manner at all times.

We have the right, but not the obligation, to monitor all conduct on and content submitted to Trace Friends.

Content

You alone are responsible for any content, text and photos you publish, display or post on your Trace Friends profile, including any information and content, personal or otherwise, you share with other members.

Similarly, you understand that we are not responsible for the accuracy, reliability or usefulness of any content, statements or advice published, displayed or shared with you by other members. Under no circumstances will we, our partners or third party service providers be responsible for any loss, damage or emotional distress resulting from your reliance on information or other content posted through Trace Friends or transmitted to or by any members.

The following is a partial, but not limited to, list of content you may not publish, display or post in your profile or include in any communication you share with other members:

  1. content that is racist, bigoted or promotes hatred on any group or individual;
  2. harasses or advocates harassment of another person or member;
  3. promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  4. include in your member profile any personal contact information, such as telephone numbers, street addresses, last names, social media screen names, URLs or email addresses;
  5. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  6. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  7. contains sexually explicit content;
  8. attempt to convince members of your political or religious views - excessive use of national or religious symbols won't be tolerated;
  9. requests money from, or is intended to otherwise defraud, other users on Trace Friends;
  10. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  11. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information tocircumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  12. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  13. engages in commercial activities and/or sales without our prior written consent or promotes any other service, product or event;
  14. infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);

Whilst we reserve the right, at our sole discretion, to investigate, take legal action, remove content and/or terminate a user's account for failing to comply with the Terms of Use, we do not guarantee that offensive material will be removed or deleted.

Safety and Security

Your safety is of utmost importance to us. While Trace Friends offers a platform for you to make new connections, we cannot and do not guarantee that it is safe for you to have direct contact with any other individual that you meet on Trace Friends. You therefore agree to take reasonable precautions, as described in our Online Safety guidelines, before sharing personal information or meeting in person. If you disclose confidential, sensitive or personal contact information about yourself or arrange to meet in person, then you do so entirely at your own risk. Trace Friends is not responsible for the conduct, whether online or offline, of any of its users.

Unless a user is contravening any of the Terms of Use as described in this document, we will not become involved in any disputes between users and does not provide any arbitration or settlement services should a dispute arise between users.

If you believe that any user is harassing, being offensive, using personal information for unlawful purposes or is otherwise in breach of the Terms of Use described here, you can block the user and are required to report the offending user by clicking on the "Report this Person" option from within their profile. All reported offenses will be investigated discreetly and if necessary, the appropriate action will be taken against the member.

Payments and Pricing

The use of Trace Friends in its basic form and functionality is free. To send messages, members are required to unlock a conversation by using a virtual currency called Gems, but don't worry, even though the cost to unlock a conversation is ridiculously low, we are very generous in giving away free Gems on a daily basis.

In addition, members can use Gems on various virtual items or services by engaging in certain actions, for example, send "gifts" or "power messages" to other members. Virtual items are digital items only, and regardless of the terminology used, have no cash value and may never be redeemed for "real world" money. The respective prices for each of the virtual items are clearly visible to members and we reserve the right to change these prices at unspecified times.

Users can top-up their Gems balance by purchasing additional Gems. You can make a payment through a variety of payment channels. Payment channel availability may vary depending on your location and access service provider. You will be advised of the charge for the Gems before making payment and being billed.

When you decide to purchase Gems we will attempt to receive payment. If your order is accepted, the applicable charge will be made against the chose payment channel. You won't be able to cancel once we start to action your request.

You acknowledge and accept that the termination of your membership neither by you nor by us will entitle you to any reimbursement or transfer of any accumulated Gems.

Warranty

This service is provided on an "as-is" basis by The Company without warranty of any kind, either express or implied, including, without limitation, warranties of title and the implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

The company, any associated business partners, license holders or service providers will not be liable to you or any third party for any loss or damages (material, physical or phycological) sustained through the use of this service. Notwithstanding the above, the Company's liability to you shall be limited to the amount that you have paid the Company for the use of the service.

Intellectual Property Rights

You warrant and represent that the information posted in your profile is posted by you and that you are the sole author of your profile. When you enter data that is meant to be viewable to the other users, including but not limited to text, photos, images, drawings or graphics for a profile, a photo description, etc, you grant Trace Friends an unlimited license to disseminate, use, process, translate or modify this data.

Trademarks, logos, graphics, photos, animations, videos and text appearing on any of the Trace Friends services, including but not limited to, Android application, iTunes application and website, are the intellectual property of Trace Friends and cannot be reproduced, used, published, distributed, sold or displayed without the express prior written permission of Trace Friends.

Communications

We may communicate with you using any applicable channel including, but not limited to email, text messages, push notifications or in the applications or postings in the service. You agree that you are deemed to have received any and all communications sent to you had you accessed the Trace Friends in accordance with these Terms and Conditions.

Changes to Terms of Use

At our sole discretion, we reserve the right to modify these Terms of Use at any time without prior notice to you. You therefore agree to review and familiarise yourself with these Terms of Use from time to time. Continued use of Trace Friends shall indicate your acceptance of the Terms of Use.

Entire agreement;

These Terms of Use contain the entire agreement between you and us regarding the use of Trace Friends, and supersede and replace any prior agreements we might have between us regarding the services.

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.