PROPRIETOR TERMS AND CONDITIONS

Last updated: February 12, 2026

 

Overview:

These Terms and Conditions (Terms of Service) are read in accordance with relevant regulations and legislation, particularly the Consumer Protection Act 68 of 2008 (CPA).

VIBECHECK GROUP (PTY) LTD owns and operates the VIBECHECK GROUP Webpage Application, Mobile Application, website and other features and functionalities therein. Our Webpage Application offers various features and functionalities as “our services” to the Proprietor and/or partner venues, including, but not limited to a live and integrated map for End Users to identify partner venue offerings, specials and promotions in terms of the VIBECKECK Mobile Application platform, as well as showcasing and/or highlighting real-time partner venue offerings at any stage (at the discretion) of said partner venues for the immediate review, perusal and consideration of Users on the platform. VIBECHECK GROUP, through both the Webpage Application and User Mobile Application offers the said platform(s) to drive User knowledge, awareness and, ultimately, experience in terms of partner venue offerings and digital exposure thereto.

VIBECHECK GROUP owns and holds the website www.vibecheckgroup.com and the VIBECHECK GROUP Webpage Application (App) and Mobile Application (App), with the inclusion of various social media pages. A partner venue (hereinafter referred to as the ‘Proprietor’) wishes to make use of the VIBECHECK GROUP Webpage Application which, must be noted, directly impacts the VIBECHECK GROUP Mobile Application for Users for the services stated above.

These Terms of Service controls the Proprietor’s use of VIBECHECK GROUP and its platform(s) and any features and functionalities therein. By using the platform(s) of VIBECHECK GROUP, the VIBECHECK GROUP website or the VIBECHECK GROUP Application(s) (both the Webpage Application and Mobile Application) you acknowledge and accept these terms of service. The VIBECHECK GROUP Privacy Policy is to be read in conjunction with our Terms of Service. The Proprietor and VIBECECK GROUP shall be regarded as independent contractors, whereby the Proprietor shall have no authority to contract or bind any contract on behalf of VIBECHECK GROUP, nor shall the Proprietor be regarded as an agent or authorised representative of VIBECHECK GROUP.

 

Description of VIBECHECK GROUP:

VIBECHECK GROUP is a real-time, live Application for both the Proprietor (inclusive of restaurants, eateries, cafés, pubs, bars and any other similar lawful venues) and End Users (consumers) in the form of a Webpage Application and Mobile Application. The above, as a summary, does not limit any other features and/or functionalities VIBECHECK GROUP may have.

VIBECHECK GROUP, its website and Applications feature, but are not limited to, the below:

  • Live integrated map feature, highlighting partner venues (Proprietors) within a User’s location;
  • Live restaurant page which extends to a partner restaurants/venues (Proprietor) website, social media channel on the VIBECHECK GROUP Mobile Application;
  • Partner restaurant/venue (Proprietor) listings and directory in the VIBECHECK GROUP Mobile Application, by way of the Webpage Application;
  • Live and real-time showcasing of Proprietor offerings in the VIBECHECK Mobile Application, by way of the Webpage Application; and
  • Redeemable vouchers, at the discretion of the Proprietor, for “VibeCheck Exclusive” offers on the VIBECHECK GROUP Mobile Application.

To use the VIBECHECK GROUP Webpage Application the Proprietor is required to create a profile. Importantly, some functionalities will only be available to a Proprietor, once required permission is provided to VIBECHECK GROUP.

 

Expected Proprietor Conduct:

The Proprietor, must be and warrants that they or anyone using the VIBECHECK GROUP platform(s) on their behalf is 18 (eighteen) years of age, is the owner of a restaurant, eatery, bistro, café, pub, bar and any other similar lawful venue. By using the VIBECHECK Webpage Application and/or the website and/or any other platforms on offer in terms of our service, the Proprietor consents and accepts to these Terms of Service (Terms and Conditions) herein and The Proprietor agrees to conduct itself in a good faith manner at all times whilst using the VIBECHECK GROUP platform(s).

The consent of agreement of these Terms of Service shall create a binding agreement between VIBECHECK GROUP and the Proprietor and in the case of any concerns of the Terms of Service, the Proprietor must not make use of the Webpage Application or website or any other platform provides in respect of our service and contact VIBECHECK GROUP directly, in writing, in order to correspond to resolve any pertinent concerns.

These Terms of Service may be amended or modified, wherein which VIBECHECK GROUP shall notify the Proprietor by way of electronic mail within 48 (forty-eight) hours of such Terms of Service taking effect. The updated Terms of Service shall be published on the VIBECHECK GROUP website. Any objections by the Proprietor to the updated Terms of Service are to be sent in writing to VIBECHECK GROUP within 48 (forty-eight) hours of being notified and, in the case where no objections are made, the updated Terms of Service shall be deemed to have been acknowledged and accepted by the Proprietor.

VIBECHECK GROUP permits the Proprietor to a non-transferrable, non-specific and terminable license to access and use the VIBECHECK GROUP transaction platform on the terms and conditions set out these Terms of Service. VIBECHECK GROUP may, at its discretion, amend, withdraw or in any way modify our service offered without any prior notice and, as such, any access granted to the VIBECHECK GROUP platform(s) is on a temporary and/or provisional basis. VIBECHECK GROUP shall endeavour to a keep access to its platform(s) functioning on a continuous basis, however on the rare occasion where this functionality is limited/restricted, suspended or unavailable for any period of time, the Proprietor shall not hold VIBECHECK GROUP liable or responsible for any loss, damage or harm suffered as a result of such limited/restricted, suspended or unavailable functionalities.

VIBECHECK GROUP shall make all reasonable efforts to notify the Proprietor of any measures to rectify the above limitation/restrictions or suspensions of the service, unless VIBECHECK GROUP has been prohibited to do so by any court order, regulation or law(s).

 

The Proprietor must conduct themselves in a way that is not malicious or dishonest to any other partner venue(s) and/or individual User(s) linked to the VIBECHECK GROUP platform(s) or does not violate or infringe any regulations or laws. The following conduct is required of the Proprietor:

  • Only the actual Proprietor or their authorised representative must use said profile and their specific login credentials;
  • The Proprietor or their authorised representative making use of the VIBECHECK GROUP Webpage Application is prohibited from using any software or software program (or any other automated interface) not authorised by VIBECHECK GROUP to access the VIBECHECK GROUP Applications and the website or its features, the extraction of data or otherwise interfere with or modify the rendering of pages or functionality;
  • The Proprietor is prohibited to transfer, transmit or send any file(s) that may contain viruses or any other form of corruption or damaging elements which interfere with VIBECHECK GROUP or the Application(s), website and features therein;
  • The Proprietor is prohibited to use any means available to determine source code(s), back-engineer any feature and or aspects of the VIBECHECK GROUP service or bypass any measures used to avert or restrict access and contact to any content or code of the VIBECHECK GROUP Applications, website or its features; and
  • The Proprietor is expected to comply with all regulations and applicable laws when using the VIBECHECK GROUP Application(s), website and the features therein.

 

Ownership of VIBECHECK GROUP:

VIBECHECK GROUP (PTY) LTD is the sole owner of all VIBECHECK GROUP platforms in the form of the VIBECHECK GROUP Webpage Application (for Proprietors), the Mobile Application (for Users), the VIBECHECK GROUP website and any other features pertaining to VIBECHECK GROUP. Permission to use the platforms, as mentioned, is granted by VIBECHECK GROUP to the Proprietor.

Further to the above, VIBECHECK GROUP owns all content and other materials contained on/within its platforms, including graphics, logo’s, information and/or sound files, pictures, texts, data, software and any other files, images and information used on VIBECHECK GROUP platforms. It must be noted that, only in relation to partner venues and the Proprietors themselves, while VIBECHECK GROUP has permission to use the information provided to its platforms, VIBECHECK GROUP does not own any images provided by the Proprietor on any of its platforms and therefore VIBECHECK GROUP is not able to provide any permission(s) for said images to be downloaded and used in any way.

VIBECHECK GROUP reserves the right to revoke access to the VIBECHECK GROUP Webpage Application, the website or any other features or relevant platforms at any time. The VIBECHECK GROUP Terms of Service, inclusive of any content thereof may (as the case may be) include software system features as provided by third parties. These software system features will be subject to their own distinct license terms of service(s) and/or terms and conditions and, as such, those license terms of service will be the governing article for those software system features.

 

The VIBECHECK GROUP Terms of Service to the Proprietor does not include any right(s) to:

  • Make any copied or otherwise derived use(s) of the service(s) and/or content in whole or part thereof, including the use of any software robots or similar data mining methods;
  • Transfer or download any of the service(s) and/or content, unless explicitly permitted by VIBECHECK GROUP; and
  • Make use of the service(s) and/or content in any manner other than their intended purposes.

 

Data Protection:

VIBECHECK GROUP refer the Proprietor to the VIBECHECK Group updated Privacy Policy on our website and relevant platforms on how personal information is stored and used. The Proprietor agrees that VIBECHECK GROUP shall not be responsible for any of the Proprietor’s data which is stored on any of VIBECHECK GROUP’s platform(s) or general system. The Proprietor is notified of the below:

  • In terms of the Protection of Information Act 4 of 2013 (POPIA), the Proprietor is deemed to be the responsible party, wherein which VIBECHECK GROUP is deemed the operator;
  • VIBECHECK GROUP undertakes and affirms that the data obtained will only be used for its intended purpose;
  • Under all applicable laws and regulations herein, VIBECHECK GROUP shall be responsible for all of its obligations, and the Proprietor shall be responsible for all of their obligations;
  • By accepting these Terms and Conditions, the Proprietor warrants to VIBECHECK GROUP that the Proprietor is compliant with all appropriate regulations and laws. VIBECHECK GROUP has implemented the required policies and procedures in compliance with POPIA. A copy of such may be requested by the Proprietor;
  • VIBECHECK GROUP shall immediately notify the Proprietor when any breach of data has occurred;
  • The Proprietor consents to VIBECHECK GROUP using any personal information for VIBECHECK GROUP marketing purposes, however subject to appropriate consent(s). The Proprietor warrants that they shall take all relevant and necessary steps as required by applicable law and regulations to adhere and comply with the protection and privacy of personal information. VIBECHECK GROUP shall collect and store any data on behalf of the Proprietor, and the Proprietor shall be responsible and accountable for any data which VIBECHECK GROUP holds on their behalf. VIBECHECK GROUP maintains reasonable security processes and measures in order to secure the reliability and confidentiality of any personal information that VIBECHECK GROUP possesses. Any party to these Terms of Service may upon reasonable written request, request the other party to provide to the requesting party any information with regards to the processing of data that is reasonably necessary for the requesting party to fulfil and comply with its obligations herein;
  • VIBECHECK GROUP is hereby indemnified and held harmless by the Proprietor against any loss, damage, liability or claim(s) which arise from the Proprietor failing to adhere and comply with their obligations. The Proprietor agrees to pay any costs arising from the above on an attorney and client basis;
  • It is important to note that the Proprietor’s data shall mean any information (personal or otherwise) with which the Proprietor (or any authorised representative on behalf of the Proprietor) provides VIBECHECK GROUP in relation to the Proprietor. This is inclusive of data which VIBECHECK GROUP produces in relation to the Proprietor’s use of the Webpage Application, website or related platform(s), but excludes any data which the VIBECHECK GROUP may derive or produce for any internal purposes or which is proprietary or confidential to the VIBECHECK GROUP or any of its third party (independent) contractors; and
  • It is noted, hereby, that by accepting these Terms of Service and/or Terms and Conditions as set out herein, the Proprietor agrees and confirms that they have read the content of the policies and procedures referred to under the above heading “Date Protection” and, therefore, provides the required permission and consent for VIBECHECK GROUP to make use of and process their personal information in compliance with required regulations and/or compulsory law(s).

 

Regulatory Compliance and Protection of User Personal Information:

The Proprietor permits VIBECHECK GROUP a non-restrictive and conditional license to use the Proprietor’s logo(s), trade name(s), trademarks and domain name on its website, which includes any of VIBECHECK GROUP’s platforms which it operates. The Proprietor warrants that it has the necessary authority and right(s) to permit the above right(s). The Proprietor, further, agrees not to use the VIBECHECK GROUP’s logo(s), trade name(s), trademarks or domain names on its website, unless prior written consent has been received by VIBECHECK GROUP.

The Proprietor warrants that the business so run and/or operated by the Proprietor is compliant with all regulations, licenses and laws required to operate said business and, further, agrees to conform with all pertinent regulations and/or laws or which are lawfully required to operate the business. The Proprietor irrevocably warrants that they will only use the services offered by VIBECHECK GROUP for legal purposes (as intended to be used) and that the service(s) and/or product(s) and/or goods offered by the Proprietor comply to all pertinent regulations and law(s), inclusive of regulations pertaining to the Financial Centre Intelligence Act 38 of 2001 (as amended).

As per VIBECHECK GROUP’s Privacy Policy, all personal information supplied by the Proprietor, inclusive of the Proprietor’s own personal information or that of an authorised representative, shall remain private and confidential and only used for the purpose(s) it was intended.

The Proprietor shall not have any personal information relating to an End User, unless the User has permitted access to that personal information to the Proprietor on any external link, outside of any of the VIBECHECK GROUP platform(s). The Proprietor shall not disclose such personal information, except for the written consent of the User and shall always provide reasonable opportunities to opt-out of the Proprietor’s marketing strategies. The Proprietor shall adhere to all relevant privacy laws and data protection in respect of any personal information received.

 

Proprietor Notifications:

By using the VIBECHECK GROUP service and its subsequent platform(s), more specifically the Webpage Application, Proprietors, upon the creation of an offering, promotion or special, send out notifications which are directly received by Users of the VIBECHECK GROUP Mobile Application and any other relatable platform(s).

Notifications via Push notification(s) serve as the below:

  • Showcase the Proprietor’s venue;
  • Notify Users of the Proprietor’s live/real-time offerings, specials and/or promotions and any amendments or modifications thereto; and
  • Any other pertinent information that the Proprietor would like to convey to Users of the VIBECHECK GROUP Mobile Application.

 

Redeeming Vouchers:

Vouchers on the VIBECHECK GROUP Mobile Application are strictly categorised as “VibeCheck or ‘VC’ Exclusive” offers, wherein which Users may view the Proprietor’s specific offering/special/promotion and redeem same by using their specific voucher code. Once redeemed, the voucher code shall be visible and be ready to provide to the relevant staff at the partner venue in question to redeem same.

Vouchers and their corresponding voucher codes are available for Users to view in the “My VibeCheck Offers” page on the Mobile Application to be redeemed correctly at the specific partner venue. The Proprietor, as their discretion, chooses whether or not to categorise the offer as a “VibeCheck or ‘VC’ Exclusive” offers. These offers, marketed to Users, are the result of a direct agreed to offer and/or special and/or promotion between VIBECHECK GROUP and the Proprietor and is separate from general offers. Vouchers may only be redeemed by Users whilst they are valid as shown with the matching time period of the offer/special and/or promotion as directed by the Proprietor. Vouchers may not be transferred to any other party and must be shown from the actual Mobile Application, with the Users correct profile, to the relevant staff at the specific partner venue. Vouchers cannot be replaced if misused and may only be used once, unless otherwise directed/permitted by partner venues. VIBECHECK GROUP reserves the right to withdraw or cancel any voucher in the case where such action necessary, at the discretion of VIBECHECK GROUP. VIBECHECK GROUP shall not be held responsible for the supply or provision of any partner venue offerings.

VIBECHECK GROUP shall not be held liable or responsible for any damage, harm or loss, unauthorised use or distribution of any voucher. Vouchers, strictly categorised as “VibeCheck or ‘VC’ Exclusive” offers and their corresponding voucher codes, are separate to any other offerings/specials and/or promotions which the Proprietor may list.

 

Proprietor Feedback:

Proprietors are invited to share their experience, feedback, comments, questions and suggestions on the VIBECHECK GROUP platforms in the form of the VIBECHECK GROUP Webpage Application, the website and any other features in this regard. VIBECHECK GROUP will be entitled to use and amend any information shared without limitations or compensation to the Proprietor to make improvements to any of the VIBECHECK GROUP platforms. No private information shall be shared by VIBECHECK GROUP.

 

Third Party Links:

The VIBECHECK GROUP platforms may link to third party websites and/or pages that are not under the control of VIBECHECK GROUP. It is to be noted that VIBECHECK GROUP make no claim to any form of representation and accept no form of responsibility to the content and or reliability and quality of said content of such third-party links, pages and/or websites.

 

VIBECHECK GROUP Disclaimers, Liability and Indemnity:

VIBECHECK GROUP shall not guarantee that our platforms, inclusive of the VIBECHECK GROUP Webpage Application, website and all other features and functionalities, will always be available or that all content will be accurate.

VIBECHECK GROUP is not involved in the content and services provided by the Proprietor and/or partner venues which are listed on the VIBECHECK GROUP platforms and, as such, shall not be held responsible and/or liable for any errors in content, whether by negligence or actual conduct. VIBECHECK GROUP endeavours to keep any content on our platforms accurate and correct.

The Proprietor unequivocally affirms that the use of any VIBECHECK GROUP platform(s), inclusive of the VIBECHECK GROUP Mobile Application, the Webpage Application, the website of any other features or functionalities shall be at the Proprietors sole risk. VIBECHECK GROUP shall not be responsible and/or liable for any harm, damage or loss from the Proprietors use, or failure thereof, of the VIBECHECK GROUP service(s), in particular any pause or break in our service(s). VIBECHECK GROUP shall, further, not be liable or responsible for any damages or harm which may flow from any unauthorised use of the Proprietors profile. The Proprietor shall be accountable and responsible for the safekeeping of their credentials in order to prevent any unauthorised use of their profile. The Proprietor shall be held liable and/or responsible for any damages, claims or demands, inclusive of any legal costs, losses, penalties or liabilities which result from any third-party claim about actions or conduct (omissions included) by the Proprietor which amount to a breach of these Terms of Service, any applicable regulations and/or laws.

To restate in these Terms of Service, VIBECHECK GROUP shall not be liable or responsible for any content (whether directly or tacitly implied) provided by the Proprietor or their post-Application service(s) (external service, outside of the service of the VIBECHECK GROUP platform(s)) thereof, such as, but not limited to, any conduct they may perform that is contrary or not specifically advertised to what is/was listed on the VIBECHECK GROUP service(s) platform(s). VIBECHECK GROUP has the sole discretion to accept or decline the onboarding of a Proprietor, without any reasons being provided.

VIBECHECK GROUP shall endeavour to keep its platform(s) free of any software viruses, however in the unlikely case of any malware being present, VIBECHECK GROUP shall not be liable for any harm or damage(s) which may arise from any viruses in this regard. VIBECHECK GROUP endeavours to provide a continuous and faultless service to the Proprietor. VIBECHECK GROUP (inclusive of its platforms) nor any of its Users and/or partner venues shall not be held liable to any Proprietor to our service for any damages or loss whatsoever caused by any circumstances arising beyond the control of VIBECHECK GROUP (whether consequential or indirect), inclusive of interrupted service(s) provided by partner venues and/or any third-party which VIBECHECK GROUP may use for the provision of the service. VIBECHECK GROUP shall, further, not be liable for damage or loss for any breach of privacy, confidentiality or infringement(s) of any intellectual property rights of any User(s) or persons, as well as any damage or loss of any corrupted data, content, whether correct of incorrect, directed or omitted, or information accessible on any VIBECHECK GROUP platform and any failure of the Proprietor to comply with these Terms of Service in respect of the use of our service through any of our platforms. VIBECHECK GROUP shall not be held liable for loss or damage suffered for its own, a User’s or any partner venue or third-party information or content which is false or incorrectly published on any of its platforms, which is inclusive of malware, viruses, hacking or any other software programming that is intended to cause harm, interfere or damage with our platforms or the Proprietor’s and/or Users personal information. VIBECHECK GROUP shall not be held liable for any legal act(s) or omission(s) it performs or provides, its partner venues and/or third-parties regarding support or maintenance of our platforms and the protection of VIBECHECK GROUP’s proprietary rights or the rights of the Proprietor, Users and partner venues.

Both VIBECHECK GROUP and the Proprietor hereby agrees to indemnify and hold harmless the other party and their authorised representatives and/or agents from any and all claims, damages, liabilities or losses which either party may at any time become subject to where the party has failed to comply with any relevant regulations and/or law(s), by reason of the party’s intentional conduct, omission(s) and/or negligence or the breach of any of the provisions in this Terms of Service. Written notification of the above claim shall immediately be provided to the other party, once the affected party becomes aware of same. Costs for any such claims shall be regarded as separate and on an attorney and own client basis. VIBECHECK GROUP shall not be responsible and/or liable to the Proprietor for any damage or loss suffered as a result of breach by any third party who makes use of the VIBECHECK GROUP platform(s) and, further, VIBECHECK GROUP shall not be responsible or liable for any loss or damages to any party in the case where the Proprietor fails to provide what has been advertised on the platform(s), as well as any loss or damage for any direct or indirect and/or incidental or consequential damage(s) or for loss of any revenue, profit or data, business arising out of this Agreement irrespective of whether any notifications have been dispatched and/or received or not.

VIBECHECK GROUP, nor its authorised representatives shall be deemed to be liable or responsible for any damage or loss whatsoever caused by circumstances beyond the reasonable control of VIBECHECK GROUP, inclusive of any interruptions of our service, damage to or theft and corruption to the content through any of the VIBECHECK GROUP platforms. The above is inclusive of any breach of confidential information and/or intellectual property rights by any natural or juristic person. VIBECHECK GROUP or its authorised representatives shall in no way be held responsible or liable to the Proprietor or any User for any natural or juristic person(s) acting outside the domain of good faith when using any of the VIBECHECK GROUP platforms, inclusive of hacking, viruses or the use of malware and the failure to adhere to the policies governing the use of our service(s). VIBECHECK GROUP and its authorised representatives shall, further, not be held liable or responsible for any lawful act or omission in terms of or involving the support and/or maintenance of any of the VIBECHECK GROUP platforms and any subsidiary software or otherwise in the protection of VIBECHECK GROUP’s proprietary rights or the privacy and confidentiality of any User therein.

Neither VIBECHECK GROUP nor the Proprietor shall have any claim against the other for any failures by the affected party suffers in order to carry out any of its obligations under these Terms of Service, which arise from Vis Major. VIBECHECK GROUP shall not be liable for any damage caused by the Proprietor, or any other associated party’s to the Proprietor.

 

Restriction of Use:

VIBECHECK GROUP shall limit and/or restrict the Proprietor’s use of any of our platforms when:

  • the Proprietor contravenes or has contravened these Terms of Service;
  • the Proprietor’s profile is being used by an unauthorised individual(s);
  • the Proprietor contravenes any applicable regulations or laws;
  • a Proprietor uses the VIBECHECK GROUP platforms to harass, abuse, defame or insult any person(s) and/or partner venues;
  • there is a need for any security upgrades and installations;
  • there is a need for any technical and/or maintenance reasons; and
  • VIBECHECK GROUP decides to no longer trade in terms of the purpose of its business.

 

Payments and Charges:

In respect of the Proprietor, VIBECHECK GROUP provides its service through the Webpage Application platform and other features and functionalities it may share through its other platforms. VIBECHECK GROUP performs its services for the Proprietor in terms of these Terms of Service and in a supplementary manner as agreed to in writing between VIBECHECK GROUP and the Proprietor. In the case of any additional required payment(s), such shall be agreed to in writing between the parties hereto.

Payments and charges hereto are due in advance and are electronically billed monthly for the service as chosen by the Proprietor. The chosen subscription is at the discretion of the Proprietor and may be cancelled at any time, however subject to the monthly billing cycle. In the case of any increase in fees, VIBECHECK GROUP shall notify the Proprietor 30 (thirty) calendar days of such an increase, in writing and via electronic mail of such changes and shall only bill such changes in the case where the Proprietor accepted such an increase. VIBECHECK GROUP has the right to adjust any fees in relation with amendments in the fees VIBECHECK GROUP is charged by any third parties and/or for any other reason and in this case the Proprietor shall be notified 30 (thirty) calendar days before such amendments taking place.

In the case where payment has not been made or received, the service shall cease to operate for the Proprietor. Once a Proprietor has been accepted to join the service, these Terms of Service shall be in effect.

 

Termination:

The Proprietor may, at their discretion, deactivate and delete their profile or any stage request VIBECHECK GROUP to remove and/or delete their personal information by contacting support@vibecheckgroup.com. Deactivation or termination does not affect the billing cycle in the case where the service has been paid for and is still active for the month. VIBECHECK GROUP may at any stage, by way of giving notice to the Proprietor, deactivate their profile in the case of the Proprietor violating these Terms of Service or where such use of the VIBECHECK GROUP platform is being used in an inconsistent manner as opposed to its intended purpose. VIBECHECK GROUP shall have no liability for any damages and/or losses that the Proprietor may suffer due to the termination. In the case where either party choose to terminate this Agreement before the conclusion of an externally agreed period which include pre-paid services, there shall be no discount or refund by VIBECHECK GROUP to the Proprietor.

When the Proprietor has deactivated their profile or VIBECHECK GROUP have terminated their profile (as the case may be), the Proprietor shall no longer have the right to access or use the VIBECHECK GROUP platform(s), inclusive of the Webpage Application or any other features or functionalities. This Agreement shall may be terminated immediately in the case where either party becomes insolvent or performs any act of insolvency and if there are liquidation proceedings against either party. Where the Proprietor is not subject to the Consumer Protection Act, as mentioned above in these Terms of Service, and commits any breach herein and VIBECHECK GROUP is required to take necessary legal action, the Proprietor confirms and agrees to assume all required legal fees on behalf of VIBECHECK GROUP on an attorney and own client basis.

 

Domicilium Citandi et Executandi:

The parties to this Agreement select their respective domicilia citandi et executandi for the purposes of providing or receiving any notices in terms of these Terms of Service, the addresses (including electronic mail addresses) as per the Proprietor’s profile account or any other address as the Proprietor selects in writing. Further, any notice(s) addressed to a party hereto at its physical or postal address shall be sent by prepaid registered post or delivered by hand and any notice shall be deemed to have been provided to the other party:

  • if posted by prepaid registered post, 7 (seven) days after the date of posting thereof;
  • if hand delivered, on the day of delivery; and
  • if sent by email, the next Business Day.

 

General:

The laws of the Republic of South Africa govern VIBECHECK GROUP and its related platforms. These Terms of Service are, at present, in force and effect and any amendments or modifications of these Terms of Service shall be provided to the Proprietor and any interested third parties hereto, by notification through the electronic mail and be posted on the VIBECHECK GROUP website. The Proprietor confirms that it cannot cede, delegate or assign any rights or obligations with respect to these Terms and Conditions and affirms that it has understands, acknowledges and consents to these Terms of Service.

 

Contact Us:

For any queries or questions about this Terms of Service, please contact VIBECHECK GROUP by email on: support@vibecheckgroup.com or by phone / WhatsApp on: 064 696 6264.