Discover More with Only Tribe

Terms of Service

General inquiries:  support@onlytribe-za.co

1. ACCEPTANCE OF THE TERMS OF SERVICE

We (hereafter referred to as “Provider”, “we”, “us” or “our”) offer premium entertainment optimized for mobile devices.

By using our website and services (“Services”), including free or paid features, you agree to be bound by:

• These Terms and Conditions
• Our Privacy Policy
• Any applicable Additional Terms

If you do not agree with these documents, do not use the Services. We may update these Terms at any time. It is your responsibility to review them periodically.

• SERVICE DESCRIPTION

This service is provided strictly for entertainment purposes only. While users may interact with profiles and participate in chat experiences, they should be aware that some profiles or communications may be simulated, fictitious, or moderated by our team to enhance user engagement. These interactions do not represent real-life dating or relationships.

You acknowledge that some content may be computer-generated or simulated and is intended solely to provide a fun, virtual experience—not a connection with a real individual.

• ACCESS AND AVAILABILITY

This Service includes both one-off purchases and/or recurring subscriptions.

The Service may be made available in different forms, including free access, paid access, and optional in-service purchases.

Users may be granted limited access to the Service free of charge. Certain features, such as interactive or communication tools, may require a valid subscription or the purchase of usage credits. Access models, availability of features, and the nature of the content offered may vary from time to time and may depend on your chosen access method.

Subscriptions may be offered for different durations and may automatically renew unless cancelled in accordance with the cancellation terms presented at the time of purchase. Credits, tokens, or other in-service units may also be offered for purchase or granted at our discretion, and may be used to unlock or interact with features within the Service.

We may offer additional virtual items or digital enhancements that can be acquired and used within the Service. These items are for entertainment and engagement purposes only and have no real-world monetary value.

Fees become payable upon purchase and are charged in exchange for the right to access or interact with applicable features, content, or virtual items. Your payment obligation exists independently of your level of actual use. Unless otherwise required by local law, all payments are non-refundable.

You are fully responsible for activity occurring through your account, including maintaining security over access credentials and ensuring timely payment of any applicable charges. Please notify us immediately if you become aware of unauthorized use or any security issue.

Use of the Service requires a compatible device with internet access. Some features may not be supported on all devices. Please ensure device compatibility before making purchases. We are not responsible for any limitations caused by third-party hardware or software.

You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Provider’s operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Provider shall have the right to immediately terminate or suspend the Service.

• AGE RESTRICTION

The Service is intended solely for individuals who are at least 18 years old or the legal age of majority in their jurisdiction, whichever is higher. By accessing or using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into a binding agreement with us.

The Service is not directed to or intended for use by children under the age of 13. We do not knowingly collect personal information from anyone under 13 years of age. If we become aware that we have collected personal information from a child in violation of applicable law, we will delete such information as soon as reasonably possible. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us at support@onlytribe-za.co

We reserve the right to implement and use technical or manual methods to verify the age and authenticity of users. This may include requesting proof of age or identity (e.g., selfie verification, government-issued ID, or phone number confirmation). If we determine that a user is under the age of 18 or has falsified their identity, we may suspend or permanently disable the account and, where appropriate, take additional action to protect other users.

We use a combination of automated tools and manual moderation to detect and prevent the creation of fake or deceptive accounts. Users are prohibited from impersonating others or submitting false information during registration.

• FEES AND BILLING

The Service may involve charges for certain types of access, features, or digital items. These may include one-time purchases, time-limited access, usage-based credits, subscriptions, or other in-service options.

One-time purchases are charged per use and are not subject to automatic renewal unless explicitly stated at the time of purchase. Subscriptions, if offered, are billed periodically and may automatically renew unless cancelled in accordance with the applicable terms.

Fees may be charged via your mobile operator bill, credit card, wallet payment, or any other supported payment method. Depending on your chosen payment method, additional fees (such as SMS or data charges from your mobile operator, or transaction costs from your payment provider) may apply and are your sole responsibility.

You will receive a confirmation message or email—such as a welcome message or order confirmation—containing key details about the Service, including applicable fees and billing frequency. We recommend that you retain this message for your records.

We may revise our pricing from time to time. Any such changes will apply prospectively and with reasonable notice. If you do not agree with the revised pricing, you may cancel your subscription at any time effective upon termination. Continued use of the Service after the change takes effect constitutes your acceptance of the new pricing.

• SECURITY AND REGISTRATION OBLIGATION 

To guarantee safe use of the Service, as well as payment of the applicable fees, you must be registered. You guarantee that the personal information (“Registered Information”) provided to us is correct and complete at all times. If Provider, in its sole discretion, has reason to believe that the Registered Information is not accurate or complete, Provider is entitled to suspend or terminate your account and to withhold both current and future use of the Service, or any component of it.

You are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by Provider, and you are fully liable for all actions carried out involving the use of your password or account. You should contact Provider if you notice or suspect that unauthorized use has been made of your password or account, or any other breach of security.

Provider may provide you with access to some Services without being registered, such as sign-up via your mobile device for the Service. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.

• CHANGES OF THE SERVICES

We reserve the right to upgrade, amend, suspend or discontinue the Services without prior notification at any time. You agree that we shall not be liable to you or to any third party for any amendment, suspension or discontinuance of the Services.

• CODE OF CONDUCT 
  
  

You agree to use the Service in accordance with the following Code of Conduct:

1. you will not use the Services for any illegal, unauthorized or commercial purpose;
2. you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of Provider or the person who provided it to you;
3. you will not abuse support communication channels;
4. you will not use the Service to engage in any form of harassment or offensive behaviours, including but not limited to the posting of communications, pictures or recordings that contain:

• Libelous, slanderous, abusive or defamatory statements;
• Racist, pornographic, obscene, or offensive language or images;
• Hate speech, discriminatory comments, or sexually explicit material;
• Any content promoting violence, fraud, or illegal activities.

5. you will not engage in the following prohibited activities on the platform:

• Solicitation of money, gifts, or financial assistance;
• Promoting any commercial activities or services, including unauthorized advertising, solicitation, or sending spam;
• Using bots, scrapers, or other automated means to access the website or its data without explicit written consent;
• Impersonating other individuals or entities, or misrepresenting your identity or affiliation;
• Sharing or posting private information about another member without their explicit consent;
• Engaging in phishing, fraud, or other deceptive practices aimed at stealing personal information.

6. you will not use the Service to infringe the privacy rights, property rights, or any other rights of Provider or any person. This includes ensuring that all interactions through chats and messaging comply with privacy standards, and you will respect the confidentiality of all personal information exchanged on the platform;
7. you will ensure that all content, including profile information, images, and communications, adheres to community standards. You will not post content that:

• Contains nudity, sexually explicit material, or sexually suggestive content.
• Violates intellectual property rights, privacy, or any other proprietary rights.
• Is false, misleading, or defamatory.

8. you will not use the Service in any way which violates, plagiarizes or infringes upon the rights of Provider or any third party, including but not limited to any copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law;
9. you will not use the Services for any unlawful purpose or the promotion of illegal activities, including but not limited to grooming, human trafficking or any form of sexual exploitation or coercion. We reserve the right to suspend accounts and notify law enforcement where such conduct is suspected;
10. you agree to respect the privacy and confidentiality of other members. Sharing or posting private messages, personal information, or images of other members without their explicit consent is strictly prohibited;
11. you will not reproduce, copy, sell, resell or use the Service, in whole or in part; and
12. you agree to report any inappropriate content or behavior encountered on the platform using the designated reporting tools.
13. Users may report content that is illegal or violates these Terms by using the in-app reporting tools or contacting support@onlytribe-za.co

Any person who believes they are depicted in content published through our Service without their consent may request removal of such content by contacting support@onlytribe-za.co  with the necessary identifying details. We will investigate the request promptly and remove the content if the request is valid. We may require proof of identity and relationship to the content.

9. BREACHING TERMS 

We may monitor, remove, or restrict access to content or accounts that violate these Terms or applicable law, including illegal content. Decisions may be made using automated tools and/or manual review. Users have the right to appeal moderation decisions. Without prejudice to our other rights under these Terms of Service and Additional Terms, if you breach these Terms of Service and/or Additional Terms in any way, or if we reasonably suspect that you have breached these Terms of Service and/or Additional Terms in any way, we may:

1. send you one or more formal warnings;
2. temporarily suspend your access to the Services;
3. permanently prohibit you from accessing the Services;
4. block computers using your IP address from accessing the Services;
5. contact any or all your internet service providers and request that they block your access to the Services;
6. commence legal action against you, whether for breach of contract or otherwise; and/or
7. suspend or delete your account on the Services.

and you agree that you are not entitled to any refund of subscription fees, credits, or other amounts already paid to us.

Where we suspend or prohibit or block your access to the Services or a part of the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

1. PRIVACY POLICY

Our use of your personal information is governed by our Privacy Policy. Our Privacy Policy forms an integral part of the Terms of Service, and by agreeing to the Terms of Service, you also represent that you have read and understood our Privacy Policy and give consent to the way we may handle your personal information as detailed in our Privacy Policy.

1. INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Provider, its parent companies, subsidiaries, related entities, affiliates, subcontractors and their respective directors, officers, agents, employees and their representatives from and against any and all claims, damages, lawsuits, demands, actions, liabilities, or other proceedings brought against it by any third party due to, arising out of, or related to: (i) your access to and use of the Service, the content, the downloads, Software and Sites, including without limitation, your downloads from the Sites; (ii) your violation of the Terms of Service and/or Additional Terms; (iii) any alleged breach by you of any express or implied representation(s) or warranty(ies); or (iv) violation of any law, regulation or third party rights by you, or any third party using your account. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Provider in connection with or arising from any such claim, lawsuit, action, liabilities, demand or other proceeding. 

1. CANCELLATION AND TERMINATION 

You may cancel your subscription or other paid access to the Service at any time by following the cancellation instructions provided:

• on the website or platform associated with the Service,
• in the welcome message or confirmation email you received from us, or
• by contacting us at the support address indicated on the website or within the Service.

The cancellation will take effect at the end of your current billing period, unless stated otherwise at the time of cancellation. You will not be entitled to a refund for any unused portion of the period already paid, except where required by applicable law.

If you are a resident of the European Union and have purchased a subscription, you have the right to withdraw from the purchase within 14 days, without providing any reason. This withdrawal period expires 14 days after the day of your subscription purchase.

To exercise this right, you must notify us by means of a clear and unambiguous statement. You may use the European model withdrawal form, but this is not required. To meet the deadline, it is sufficient to send your withdrawal notice before the withdrawal period has expired.

Upon valid withdrawal, we will refund all payments received from you without undue delay, and no later than 14 days from the date we are informed of your decision. No cancellation fees will be applied.

If you have used the Service during the withdrawal period, you will be charged a proportionate amount reflecting your actual use relative to the total value of the subscription. The right of withdrawal does not apply to renewals of subscriptions.

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if:

• you breach these Terms or any applicable law,
• your conduct poses a risk to us, our users, or third parties, or
• continued access would violate legal, regulatory, or technical requirements.

You agree that if your account is terminated due to a breach of these Terms, you will not be entitled to a refund of any amounts already paid.

If your account is suspended or terminated and you believe this was done in error, you may contact us at support@onlytribe-za.co to appeal the decision. We will review your appeal within a reasonable timeframe and notify you of the outcome.

1. ADVERTISING 

To the extent permitted by applicable law, we may use advertisements and promotions. You agree that we may display advertisements and other promotions on our Sites and deliver advertisements and promotions on your mobile device or otherwise in connection with our Services.

You have the right to ask us at any time not to contact you by way of direct marketing.

The inclusion of any advertising or promotion on our Sites or in our Services does not constitute any endorsement by Provider of such content, product, service or company. Provider shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You agree that provider is not liable for any damage of any nature whatever that may be the result of such transactions.

1. INTELLECTUAL PROPERTY RIGHTS 

You are aware and agree that software used in connection with the Service (“Software”), the Sites as well as the Services contain information and marks that is protected by valid and applicable copyright law, trade secret law, trademark law and any other intellectual property rights and laws. Except as otherwise set forth herein, all now known and hereafter rights of every nature worldwide pertaining to the Sites, Services and Software in or as part of any version, belongs to us at all times (“Intellectual Property Right”).

You agree to make no claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms of Service and/or Additional Terms.

You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so.

Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with the Terms of Service and Additional Terms, as long as you do not copy, alter or amend any Software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.

1. NO WARRANTY 

WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (THE “PROVIDER PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE, THE CONTENT, THIS SOFTWARE AND SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. THE PROVIDER PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE CONTENT, SOFTWARE AND SITES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS;
2. THE PROVIDER PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE, THE CONTENT, SOFTWARE AND SITES. THE PROVIDER PARTIES DO NOT WARRANT THAT THE SERVICE, THE CONTENT, SOFTWARE AND SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES WILL REMAIN AVAILABLE, BE UNINTERRUPTED AND ERROR FREE;
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE;
4. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE THE CONTENT, SOFTWARE AND SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE, DEVICE OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE AND SITES;
5. IMAGES OF PERSONS SHOWN ON THE SITES AND/OR IN THE SERVICES ARE FOR ILLUSTRATIVE PURPOSES ONLY. THESE ARE NOT THE ACTUAL PEOPLE THAT PROVIDE THE SERVICES TO YOU;
6. WE ARE NOT RESPONSIBLE FOR ANY MISCHARACTERIZATIONS OR MISREPRESENTATIONS OF THE IDEAS OR FACTS AS PRESENTED IN THE CONTENT AND/OR SITES; AND
7. THE SERVICE IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING AND, THE PROVIDER IS NOT PROVIDING MEDICAL TREATMENT OR ADVICE.

1. LIMITATION OF LIABILITY 

YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES, SHALL THE PROVIDER PARTIES BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, THE CONTENT, SOFTWARE AND SITES, EVEN IF PROVIDER’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN THIS SECTION, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY PROVISION OF THIS SECTION IS INVALID OR UNEFORCABLE, THEN THE INVALIDITY OR UNENFORCABILITY OF THAT PROVISION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER POVISION. FURTHERMORE, SUCH COURT SHALL HAVE AUTHOIRTY TO REFORMULATE SUCH INVALID OR UNENFORCEABLE PROVISION TO PRESERVE THE INTENT OF THE PARTIES HERETO. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, THIRD PARTY SERVICES MADE AVAILABLE THROUGH THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES. IN NO EVENT SHALL THE PROVIDER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO REGISTER FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud, or any other liability which cannot be excluded or limited under applicable law.

1. GENERAL INFORMATION AND AI and AUTOMATED DECISION MAKING

These Terms of Service, Additional Terms and our Privacy Policy form the entire legal agreement and understanding between you and Provider and supersede all previous agreements, understandings and representations between you and Provider relating to the Sites or the Services. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Service, Additional Terms or the use of the Sites or the Services.

You may not transfer any of your rights or delegate any of your obligations under this agreement without our prior written consent. Nothing in this agreement affects your statutory rights as a consumer.

We maintain separate policies that support user protection and transparency, including an Anti-Slavery and Anti-Trafficking Policy and a Content Moderation Policy. These policies form part of our broader commitment to platform safety and responsible operation.

Some moderation or matching functionality may involve automated decision-making. You have the right to request human review of such decisions where applicable

1. GOVERNING LAW, JURISDICTION AND SEVERABILITY

National laws from your country of residence are applicable to the relationship between you and Provider, regardless of provisions of applicable international law. You and Provider hereby waive any right to jury trial with respect to any action brought in connection with the Terms of Service and/or Additional Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We respect the intellectual property rights

Disputes will be submitted to final and binding arbitration under the rules of the arbitration association in your country. Any failure by Provider to exercise or invoke certain rights or stipulations laid down in the Terms of Service and/or Additional Terms, in no way constitutes a waiver or renunciation of those rights or stipulations.

In the event any provision of the Terms of Service and/or Additional Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.

These Terms of Service are governed by and construed in accordance with the laws of your country of residence, unless otherwise required by mandatory local laws. In the event of a dispute arising out of or in connection with these Terms, the following provisions apply:

1. Arbitration : Disputes shall first be submitted to final and binding arbitration under the rules of the arbitration association applicable in your country of residence. The arbitration proceedings shall be conducted in the language of the Terms of Service.
2. Court Proceedings : If arbitration is unavailable, unenforceable, or mutually waived, disputes shall be subject to the jurisdiction of the courts in your country of residence.
3. Exceptions : Notwithstanding the above, we reserve the right to initiate legal proceedings in a court of competent jurisdiction in your country of residence to protect our intellectual property rights or recover unpaid fees.

These Terms of Service are governed by and construed in accordance with the laws of your country of residence, unless otherwise required by mandatory local laws. In the event of a dispute arising out of or in connection with these Terms, the following provisions apply:

4. Arbitration : Disputes shall first be submitted to final and binding arbitration under the rules of the arbitration association applicable in your country of residence. The arbitration proceedings shall be conducted in the language of the Terms of Service.
5. Court Proceedings : If arbitration is unavailable, unenforceable, or mutually waived, disputes shall be subject to the jurisdiction of the courts in your country of residence.
6. Exceptions : Notwithstanding the above, we reserve the right to initiate legal proceedings in a court of competent jurisdiction in your country of residence to protect our intellectual property rights or recover unpaid fees.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

When your country of residence is part of the United States of America, notwithstanding anything to the contrary in these Terms of Service and Additional Terms, the applicable federal laws of the United States of America and the laws of the State of Texas, without reference to conflict of law principle, will govern the relationship between you and Provider under these Terms of Service and Additional Terms. You and Provider hereby waive any right with respect to any action brought in connection with the Terms of Service and Additional Terms (i) to a jury trial, and (ii) to join any claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding, or to otherwise file a class action or seek relief on a class basis. Except as provided herein, disputes will be submitted to final and binding arbitration before a single arbitrator through telephone hearing or by in-person hearing in the county where you reside, in Dallas Texas, or in any other location that you and we mutually agree to. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude you or us from (i) seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or (ii) filling claims on an individual basis, if they qualify under applicable rules, in an appropriate small claims court.

When your country of residence is part of the European Union, you can use the European model withdrawal form (complete and return this form only if you wish to withdraw from the purchase within 14 days of purchase).

I hereby give notice that I withdraw from my contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) complete as appropriate.

Privacy Policy

This Privacy Policy applies worldwide. Where mandatory local privacy laws apply, such laws prevail, and this Privacy Policy explains how you can exercise your rights.

This Privacy Policy explains our commitments and your rights concerning your information. You should read the Privacy Policy carefully. If you do not agree with this Privacy Policy, please do not use our Sites or Services. The Privacy Policy is duly incorporated and subject to the Terms of Service and governs the same Services and Sites as the ones mentioned in the Terms of Service. Any terms we use in the Privacy Policy without defining them have the same definition given to them in the Terms of Service.

BASICALLY

This Privacy Policy applies everywhere we operate. Local privacy laws may give you extra rights, and if they do, those rules come first. This policy explains how we use your data and what rights you have. By using our sites or services, you agree to it. If you do not agree, please do not use our services.

WE COLLECT INFORMATION THE FOLLOWING WAYS:

1. When you give it to us or give us permission to obtain it

We may collect information from you in a variety of ways such as your name, email address, phone number and bank account information. You may, however, visit our Sites anonymously if you choose to do so. We will collect information from you only if you voluntarily choose to submit such information to us. You can always refuse to provide this information to us. If you choose to subscribe to a Service from us, we or the mobile operator of your network will collect your information related to the payment for the subscription of our Services. Account and billing information collected by the mobile operator is subject to their respective privacy policies. 

•  We get technical information when you visit our Sites and/or Services

We may collect technical information about you whenever you visit our Sites or use our Services. Technical information we collect may include the user agent, and technical information about your means of connection to our Site, such as the type of device you use, the device screen size, browser type, geographic location (country only), unique device identifiers, Internet Protocol address, mouse events (movements, location and number of clicks), landing pages, operating system, information about your use of our Services and other similar information.

We also use cookies and other technologies to collect technical information from you. A cookie is a piece of information that is stored on your device’s hard drive for record-keeping purposes and sometimes to track information. For example, we use cookies to store your language preferences or other redundant settings, so you don’t have to set them up every time you visit our Sites or Services. 

• Our partners and advertisers collect and share information with us

We use Google Analytics, a web analysis service of Google Inc. (“Google”) which assists website owners and operators in learning and understanding the usage patterns of visitors who use their websites by collecting information, namely; which individual web pages were visited, how long users spent on the website, which websites referred the most visitors, general geographic location of visitors, and other similar anonymous statistics. 

For this reason, Google Analytics may create and store several cookies on your device. Google Analytics does not collect any personally identifiable information by default. Google Analytics collects anonymized IP address or internet connections used by visitors to websites on which Google Analytics has been installed. Google Analytics does not reveal or expose the IP address of visitors to the owners of the website on which Google Analytics is installed.

We also use Google AdWords remarketing services to advertise on third-party websites including Google, to visitors who have previously visited our Sites or Services. The advertisement can be on the Google search results page or a website that has the Google display network implemented. For this reason, third-party vendors including Google may create several cookies on your device.

We also enable Hotjar, an analysis software, by inserting a tracking code within our Sites and Services, which further transmits to Hotjar servers based in Ireland (EU).

This tracking code contacts Hotjar’s servers and provides a script to your device accessing the Site or Service. This script will capture specific data related to your interaction with that particular Site or Service. This information is then sent to Hotjar’s servers for further processing. Through these tools, we receive heatmaps, visitor’s recordings, funnels and form analysis, that help us to provide you with a better experience and service as well as assist us in diagnosing technical problems and analyse user trends.

Hotjar uses cookies to collect technical information including standard internet log information and details of your behavioural patterns when you visit our Sites and Service. This is done to provide you with a better experience, identify preferences, diagnose technical problems, analyse trends and generally to help improve our Sites and Services. Hotjar may also use cookies to record login details on your device. This helps to determine whether a particular device previously visited our Sites or Services so that the login details would not have to be re-entered each time you visit that Site or Service. Hotjar also uses cookies to determine if someone has opted out of being tracked by Hotjar services.

Furthermore, we use Google DoubleClick to advertise based on what’s relevant to a user, improve reporting on campaign performance, and to avoid showing advertisements the user has already seen. For this reason, Google DoubleClick creates several cookies on your device. For example, Google DoubleClick uses cookies to keep a log of which advertisements were shown on which browser. When it’s time to serve an advertisement to a browser, Google DoubleClick can use the browser’s cookies to check which Google DoubleClick advertisements have already been delivered to that particular browser. That’s how Google DoubleClick avoids showing advertisements the user has already seen. In the same way, cookies allow Google DoubleClick to log conversions related to advertisement requests—such as when a user views a Google DoubleClick advertisement and later uses the same browser to visit the advertiser’s website and make a purchase.

BASICALLY

This Privacy Policy applies everywhere we operate. Local privacy laws may give you extra rights, and if they do, those rules come first. This policy explains how we use your data and what rights you have. By using our sites or services, you agree to it. If you do not agree, please do not use our services.

HOW TO PREVENT COOKIE STORAGE AND OPT-OUT?

You may choose to set your web browser to refuse cookies or to alert you when cookies are being sent.

You can also prevent the collection of your data by Google Analytics by visiting Google Analytics opt-out page and installing the Google add-on for your browser. https://tools.google.com/dlpage/gaoptout or visit https://www.google.com/settings/ads to set your settings for Google Analytics, Google AdWords, and Google DoubleClick.

You may opt-out from having Hotjar collect your information when visiting our Sites and Services at any time by visiting www.hotjar.com/opt-out and clicking ‘Disable Hotjar’.

For more details on installing and uninstalling the Google add-on, Google Analytics, Google DoubleClick or AdWords, please visit Google’s website.

BASICALLY

You can control cookies and tracking. Change your browser settings to block them or use the tools from Google or Hotjar to opt out. Links are provided if you want to stop being tracked.

HOW WE USE COLLECTED INFORMATION

We may use your information for the following purposes:

• Provide the Service(s) you request.
• Bill and collect for the Service(s) provided to you.
• Send you marketing communications.
• Provide customer care.
• Protect our rights or property.
• Enforce the Terms of Service.
• Comply with legal requirements.
• To improve our Sites and Services.
• Respond to your inquiries, questions, and/or other requests; and
• Respond to court orders, subpoenas or other legal proceedings.

We process your personal data only where a lawful basis applies, including:

• Contract performance (to provide Services to you).
• Legal obligation (where we must comply with law).
• Legitimate interests (to improve our services, prevent fraud, protect security), balanced against your rights.
• Your consent (e.g., for marketing or newsletters).

BASICALLY

We use your information to:

• Provide and bill our services,
• Answer your questions,
• Improve our sites,
• Send you marketing if you agree,
• Protect against fraud and follow the law.

We only use your data when we have a valid reason — for example, to perform a contract, meet legal obligations, protect our interests (balanced with your rights), or when you give consent.

HOW LONG WE KEEP YOUR INFORMATION

We retain personal data only as long as necessary for the purposes described in this Policy and as required by applicable law. Once retention is no longer necessary, we securely delete or anonymize your data. In some jurisdictions (e.g., EU, UK, Canada), you may request earlier deletion where retention is not legally required.

BASICALLY

We only keep your information as long as we need it for services or as required by law. After that, we delete or anonymize it. In some places (like EU, UK, Canada), you can ask us to delete it sooner if it’s no longer required.

HOW WE PROTECT YOUR INFORMATION ALSO OUTSIDE THE EU

We are concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to us or guarantee that your information may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized or accidental access, alteration, disclosure or destruction of your information, transaction information and data stored on our Sites.

However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security. We will continue to enhance our security procedures as new technology becomes available.

Because we operate internationally, your personal information may be transferred outside your country of residence, including to the United States, the United Arab Emirates, and other jurisdictions. Where required by law (e.g., EU/UK GDPR), we use appropriate safeguards such as Standard Contractual Clauses approved by the European Commission or the UK ICO, or other lawful transfer mechanisms. Where UAE Federal Decree-Law No. 45 of 2021 requires prior approval from the UAE Data Office for transfers outside the UAE, or where data localization obligations apply, we will comply with those requirements before transferring your data.

BASICALLY

We do our best to keep your data safe with technical and organizational measures, but no system is 100% secure. Sometimes your data needs to be transferred internationally (for example, to the US or UAE). We use legal safeguards (like approved contracts) when required. In the UAE, if the law requires that data stays in the country or needs government approval before leaving, we follow those rules

SHARING YOUR INFORMATION

We share your information with online advertisers and third-party companies that we or they use to audit or improve the delivery and performance of ads or content on websites and apps (for example, through Google Analytics and Google AdWords) as outlined above.

Other than as explicitly described in this Privacy Policy, we will not share personally identifiable information with any third party. However, we reserve the right to share the information that we collect with third parties in aggregated and/or anonymous form, and we will not necessarily ask for your permission or even inform you that we are doing so. We may also disclose information that we collect, if required to do so by law or in good faith that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect someone’s safety. Note that we may be required to release personally identifying data in response to lawful requests from public authorities including to meet national security and law enforcement requirements.

BASICALLY

We may share anonymous or aggregated data with partners like Google or Hotjar to improve ads and services. We do not sell your personal information. We only share identifiable information if required by law, to protect our rights, or in emergencies. Authorities may request it for national security or law enforcement.

CHILDREN’S PRIVACY

Protecting the privacy of children is important. We do not knowingly collect or solicit information from anyone under the age of 13. If you are based in the EU/UK, we do not knowingly collect data from children under the age of 16 without parental consent, unless local law sets a lower age (not below 13).

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see our California Privacy Rights Notice for more information.

In Singapore, parental consent is required for children under the age of 13 in accordance with the PDPA.

BASICALLY

We do not collect information from children under 13. In the EU/UK, we also require parental consent if the child is under 16 (or a lower local age, but never under 13). In California, children under 16 have special rights. In Singapore, parental consent is required for children under 13.

YOUR PRIVACY RIGHTS BY JURISDICTION

European Union (GDPR)
If you are located in the EU, we process your personal data under the General Data Protection Regulation (EU) 2016/679 (GDPR). You have the right to access, rectify, erase, or restrict processing of your personal data; data portability; object to processing based on legitimate interest; and lodge a complaint with your local supervisory authority. Where required, we have appointed a Data Protection Officer and an EU representative to ensure compliance.

United Kingdom (UK GDPR)
If you are located in the UK, our processing is subject to the UK GDPR and the Data Protection Act 2018. You have the same rights as under GDPR and may complain to the UK ICO. Where required, we have appointed a UK representative.

United States (CCPA/CPRA and state laws)
If you are a resident of California, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, grants you rights to know what data we collect, request deletion, correct inaccurate data, opt out of “sale” or “sharing,” and not be discriminated against. Residents of other U.S. states may have similar rights under local laws (e.g., Colorado, Virginia, Connecticut, Utah). We will comply with mandatory state laws that apply to you.

Canada (PIPEDA)
If you are located in Canada, your personal information is protected under the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial laws. You have the right to access the personal information we hold, request correction of inaccuracies, withdraw consent (subject to legal/contractual limits), and complain to the Office of the Privacy Commissioner of Canada (OPC). In Quebec, additional rights may apply, including enhanced consent requirements and mandatory breach notifications under Law 25.

Singapore (PDPA)
If you are located in Singapore, we comply with the Personal Data Protection Act 2012 (PDPA). You have the right to be informed of purposes for collection, use and disclosure; access and request correction of your data; withdraw consent at any time (subject to restrictions); opt out of marketing via the Do Not Call Registry; and be notified where a data breach has occurred that poses a risk of significant harm.

United Arab Emirates (UAE PDPL and DIFC DP Law)
If you are located in the UAE, we comply with Federal Decree-Law No. 45 of 2021 (UAE PDPL). If your data is processed in the Dubai International Financial Centre, the DIFC Data Protection Law No. 5 of 2020 applies. You have the right to be informed of collection and use; access, correct, or delete personal data; withdraw consent where applicable; object to certain processing; and complain to the UAE Data Office or the DIFC Commissioner of Data Protection.

BASICALLY

Depending on where you live, you have different rights:

• EU: You can access, correct, delete, restrict, or move your data, and complain to your local regulator.
• UK: Same rights as EU, with complaints to the ICO.
• US: In California and some other states, you can see what we collect, delete it, correct it, opt out of selling/sharing, and not face discrimination.
• Canada: You can see, correct, and withdraw consent for your data, and complain to federal or provincial regulators. In Quebec, you get even stricter rights (like stronger consent and breach notifications).
• Singapore: You can access, correct, withdraw consent, stop marketing via the Do Not Call Registry, and will be notified if a serious breach happens.
• UAE: You can see, correct, delete, or object to use of your data, withdraw consent, and complain to the UAE Data Office or DIFC regulator.

ACCEPTANCE OF PRIVACY POLICY

By using the Sites or any of our Services, you consent to our collection and use of your information in accordance with this Privacy Policy. We reserve the right to modify this Privacy Policy at any time by posting the changes on this page. If we modify the terms of this Privacy Notice, we will notify you by posting a notice on our website thirty (30) days prior to the effective date of the changes.

Please check the revision date at the bottom of this page to determine if the policy has been modified since you last reviewed it. Your continued use of any portion of our Site or Services following the posting of the updated Privacy Policy will constitute your acceptance of the changes.

BASICALLY

By using our services, you agree to this Privacy Policy. If we change it, we will post an update and give you notice 30 days before it takes effect. If you keep using our services after that, it means you accept the changes

CHANGES TO THIS PRIVACY POLICY

We may make changes in our Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post those changes on this page so that you can always access the latest Privacy Policy.

BASICALLY

We sometimes update this policy. If we do, we will post the new version here so you can always see the latest rules.

CONTACTING US

We want you to be in control of how your personal data is used by us. You can do this in the following ways:

• You can ask us for a copy of the personal data we hold about you.
• You can inform us of any changes to your personal data, or you can ask us to correct any of the personal data we hold about you.
• In certain situations, you can ask us to erase, block, or restrict the processing of the personal data we hold about you, or object to particular ways in which we are using your personal data; and,
• In certain situations, you can also ask us to send the personal data you have given us to a third party.

Where we use your personal data on the basis of your consent, you are entitled to withdraw that consent at any time subject to applicable law. Moreover, where we process your personal data based on legitimate interest, you have the right to object at any time to that use of your personal data subject to applicable law.

We rely on you to ensure that your personal data is complete, accurate and current. Please inform us of any changes to or inaccuracies of to your personal data by contacting us immediately.

For any of your requests, questions about this Privacy Policy, or to exercise your rights, please contact us at:

Email: support@onlytribe-za.co  

If you are based in the EU or UK and are of the opinion that we have not complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission in The Netherlands or with your local supervisory authority.

BASICALLY

You can contact us to see, fix, delete, or move your data, or to object to how we use it. You can also withdraw your consent. Please keep your details accurate and up to date. Use our contact details if you have questions or want to exercise your rights.

If you are in the EU or UK, you can complain to your local data protection authority (for example, the ICO in the UK or the Dutch Data Protection Authority). If you are outside, you can complain to your local regulator where applicable.