1.1. These are the Terms and Conditions relevant to the Services we supply. These Terms and Conditions refer to the following additional terms which also apply to Your use of our Services:-
1.2. The above terms and conditions and policies are hereby incorporated by reference and together is the agreement (“Agreement”) between us and You for purposes of the Services. If there is any conflict between the above terms and conditions/policy and the Terms and Conditions the latter will prevail.
1.3. We do not, and shall not be deemed to, direct or control You or any other User generally, or Your actions in connection with any subsequent meeting with another User, or Your operation as a User and all other performances associated herein.
1.4. You retain the sole right to determine when, where, and for how long You will utilize our Services. You retain the option, via our Services, to accept or to decline or ignore a potential engagement with another User.
1.5. You agree by registering for our Services and opening a Services Account on using our Platform that we are allowed to access and use certain information from supplied by you on your profile to allow other User’s with a similar fitness/sporting interests and/or in a similar geographical location to connect with you.
1.6. IMPORTANT: We are interested in bringing together like minded Users via our Services, based on a User’s interests, and/or geographical location amongst other information and preferences you supply to us on your profile. It is a User’s own choice on who to connect with.
2.1. You acknowledge and agree that:-
2.2. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT VIBEMATCH DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS REGISTERED USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. VIBEMATCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS.
3.1 These Terms and Conditions apply to the App and any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of these Terms and Conditions.
3.2 You confirm that you are 18 years and older and that these Terms and Conditions are a binding contract between you and us and that you hereby agree to be bound by these Terms.
3.3 If someone else owns the phone or device you are using. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in clause 5.1(a) (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of these Terms and Conditions for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
3.4 Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3.5 Service specific terms and conditions.
3.6 Link to Third Party Sites. The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
4.1. We may amend the Terms and Conditions from time to time. Amendments will be effective upon our posting of such updated Terms and Conditions on our website or the VibeMatch platform and presented via the VibeMatch App when you login. Your continued access and/or use of our Services after such posting constitutes Your consent to be bound by the Terms and Conditions (as amended).
4.2. Where any changes may occur during the execution of any Service as agreed to between us, we will with best endeavours notify you of the possible change electronically as per the details you have submitted to us during registration as a user. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
4.3. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
5.1 In consideration of you agreeing to abide by the terms of these Terms and Conditions, we grant you a non-transferable, non-exclusive, non-sub licensable, personal limited licence to download and use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into these Terms and Conditions by reference. We reserve all other rights.
5.2 You may:
5.2 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
5.3 LICENCE RESTRICTIONS Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree:
together Licence Restrictions.
7.1. In order to use most aspects of the Services, You must register, create a profile (“Profile”) and maintain a Services account ("Service Account");
7.2. You must be 18 years and older, to obtain a Service Account.
7.3. You may create a Service Account either directly through the App via the registration functionality available on our website.
7.4. Service Account registration requires you to submit to us certain information as directed by us. In this regard, you agree:-
7.5. Submission of your information as per registration does not automatically give you the right to access the Services. We have the right not to grant you access to your Service Account or to revoke such right and disable any user’s use of the Services at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
7.6. By entering your personal or business information on the Service Account, you warrant that the person using the Service Account is you, and that all actions are authorised by you.
7.7. On acceptance of the registration information, you will be allowed to select or be provided with the necessary Service Account access credentials (i.e. username and password) or any other piece of information as part of our security procedures; You MUST treat such information as confidential. You MUST not disclose it to any third party.
7.8. You will be able to change the personal or business information or submit up to date information to us via our Services or Platform and it is your responsibility to keep this information up to date and accurate.
7.9. TAKE NOTE : that we may access, use, store and disclose your account information and Content if required to do so by law, by performing our agreement with you, or in a good faith belief that such access, use, storage or disclosure satisfies a legitimate interest, including to: (i) comply with a legal process; (ii) enforce the agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of VibeMatch or any other person.
7.10. You are responsible for all activity that occurs under your Service Account, including managing your subscription plan. You agree to maintain the security and secrecy of your Service Account details at all times. You may only possess one Service Account and may not assign or transfer your Service Account to any other person or entity. You may not authorize third parties to use your Service Account.
7.11. If you know or suspect that anyone other than you knows your user name or password, or you suspect unauthorised access to your Service Account, you must promptly notify us at: info@vibematchapp.com in order for us to investigate the security breach further and you must further make sure you change your password to your Service Account immediately.
8.1. You acknowledge that the VibeMatch App or Website will not be available at all times. The VibeMatch App or Website and its links to various other sources may, for example, be unavailable due to interruptions and necessary maintenance and repair work which is not within our control.
8.2. We will be able to provide the User access to the VibeMatch Service Account in relation to the User’s access rights once we have approved his/her registration.
8.3. To access the VibeMatch App or Website using the internet You will need Your own computer, mobile device or other suitable device and internet connectivity.
8.4. You alone are responsible for buying, installing and maintaining Your connection to the internet and must pay all related costs, fees and expenses.
8.5. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
8.6. If You experience problems with the internet or Your internet connection, You should contact Your internet service provider first to try to resolve these problems before You contact us.
8.7. As part of our Services we shall make available appropriate support and maintenance services to Users. Kindly contact our Customer Services team on info@vibematchapp.com for more information in this regard.
9.1. Subject to these Terms and Conditions, we hereby grant you a worldwinde, royalty-free, non-exclusive, non-transferrable, non-assignable and non-sub-licensable license to use our Services to connect to similar User’s and to use and/or purchase such additional services we may make available from time to time (“Licensed Purpose”). The Services may not be utilised as a platform for services similar to our Services, but purely for the Licensed Purpose only.
9.2. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance and/or inconvenience to any other party/User of the Services or use the Services to buy or sell illegal products or to form part of an illegal transaction.
9.3. Content License:
You warrant and agree that You will:
10.4. Where You provide Content, ensure that it is:-
10.5. You further agreed to:-
10.6. You warrant and agree that You will NOT:
12.1. Although VibeMatch reserves the right to review and/or remove Content that violates this Terms and Conditions, such Content is the sole responsibility of the User who posts it. Subsequently, VibeMatch cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the functionality provided on the Service/Platform or via email on info@vibematchapp.com.
13.1. Users acknowledge and agree that they are solely responsible for their own safety and well-being during any meetings arranged through the App. We encourage all users to exercise caution and good judgment when meeting individuals in person. Users should take necessary precautions to ensure their safety and the safety of others.
13.2. By using the Services, you acknowledge that you understand and accept the risks associated with meeting individuals online. You agree to take full responsibility for your actions and decisions when interacting with other users and meeting them in person. VibeMatch strongly advises users to prioritise their safety and well-being at all times.
14.1. VIBEMATCH Subscription Fees: You may register and create a basic profile on the VibeMatch App without any payment of any Fees for the trial period, however, the use of certain Services are subject to subscribing to our Services via your account after the free trial period which will attract the selected monthly, quarterly or annual subscription Fee. The Fees applicable to subscription account holders will be presented to you on selection of the type of subscription on the App during registration and/or is available, from time to time, on the VibeMatch website.
14.2. REFUND POLICY: ALL PURCHASES MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT VIBEMATCH IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF SUCH SERVICES FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SERVICES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
14.3. Value Added Taxes: All prices and/or costs quoted by us shall be inclusive of all applicable taxes but excluding Value Added Tax (“VAT”). VAT shall be shown clearly and separately to the Fees in terms of the Service.
14.4. What happens if we got the VibeMatch Fees and rates wrong. It is always possible that, despite our best efforts, the VibeMatch Fees and rates may be incorrectly priced. Where any incorrect pricing were published we have the right to amend it accordingly without notice and charge You accordingly.
14.5. We reserve the right to establish, remove and/or revise VibeMatch Fees and rates for any or all Services obtained through the use of the VibeMatch Services at any time in our sole discretion, however this will not affect those transactions where the VibeMatch Fees and rates have already been paid, unless otherwise agreed to under these Terms and Conditions. Such establishment, removal and/or revision of VibeMatch Fees and rates for any or all Services will be communicated to all applicable parties via a notification/email that will be sent via our Services.
Payment & Receipts14.6. VIBEMATCH Subscription Fee: Unless otherwise agreed to in writing, we will invoice the relevant paying User every time a VibeMatch Subscription Fee is charged to them by VibeMatch, where same invoice will be sent to the User’s Services Account and/or email address (as provided by the User) in accordance with your selected subscription plan. Users are responsible for ensuring their contact details, including email addresses and Service Account information, are accurate and up-to-date. VibeMatch is not responsible for any delays in invoicing or payment due to incorrect or outdated contact information
Automatic renewal of subscriptions14.7. The VibeMatch Subscription Fees applicable to any Service Account will be subject to automatic renewal based on the schedule of the relevant subscription plan, and your selection of a payment method will continue to be billed for at the specified subscription plan rate until such a time that you cancel. Your subscription will automatically continue for an indefinite period of time, at the then applicable Fee/price for the relevant subscription unless you cancel your subscription before the next renewal date. Your payment information will be stored and subsequently used for the automatic card payments in accordance with this Agreement.
14.8. You may cancel your subscription at any time by following the applicable procedures of the device on which the App has been downloaded and Service Account activated. Upon cancellation of the relevant subscription plan, you will continue to have access to the Services for the remaining days already paid for.
14.9. Objections to a payment already made should be directed to our customer support team (at info@vibematchapp.com. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on the Platform, but be advised that you are still obligated to pay any outstanding amounts.
14.10. In order to edit your payment method and/or billing information, please follow our help and support instructions listed on our website and on the VibeMatch App. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
14.11. Time and method of payments: We accept payment in the following manner:
14.12. Payment Processing and Currency Conversion. All payments processed through our platform via third-party service providers (such as Pay Fast) are conducted in South African Rand (ZAR). While we may display prices in ZAR alongside an estimated conversion to your local currency, the actual amount charged to your account will depend on your bank's currency conversion rates and any applicable fees. These charges are beyond our control. For transparency, we recommend reviewing your bank’s policies regarding international transactions, as additional charges may apply.
15.1. We are the owner and/ or rightful licensee (where third party is the licensor) of all intellectual property rights (including but not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including the App look and feel and lay out and photos), inventions, trademarks, trade names, tables and compilations of data which are created, invented and/ or developed, registered or unregistered) in our App and content.
15.2. Unless specifically stated under these Terms and Conditions, your use of the Services (including our App and other technology) grants no rights to you in relation to our intellectual property rights (or the intellectual property rights of third parties).
15.3. You may copy, and may download extracts, of any page(s) from our App for your personal use and to determine whether you wish to use our Services. You may draw the attention of others to content posted on our Services or by sharing same via social networks or other means available. Any other use, distribution or reproduction of our content is prohibited unless expressly authorised in these Terms and Conditions or by law.
15.4. You must not modify the copies of any materials you have printed off or downloaded from our Services in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors of content on our Services must always be acknowledged.
15.5. Third Party Content: In addition to our content, our Services may contain information and materials provided to us by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, which expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.
15.6. Limited Site Content License: Except as provided in par Error! Reference source not found., we grant you the limited, revocable, non-transferable, non-exclusive right to use our Services, our technology and the associated VibeMatch content and Third Party Content (collectively, “Service Content”) by displaying the Service Content on your Device, and downloading and printing pages from the Services under the condition that (i) such activity is solely for your personal, education or other non-commercial use, use of our Services, (ii) you do not modify or prepare derivative works from the Services Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any pages or Services Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Services Content and (v) you do not copy any Services Content to any other media or other storage format.
15.7. We reserve the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on our Services.
15.8. Any enquiries regarding any of the above relating to intellectual property must be directed to VibeMatch via our Contact Us-page.
16.1. Our Services may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in our Services complies with all applicable laws and regulations.
16.2. We, our member, employees, suppliers, partners and affiliates (as the case may be) accordingly excludes, to the maximum extent permitted by law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
17.1. We warrant that the App and Website will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents and that the Documents correctly describe the operation of the App/Website in all material respects;
17.2. We will not be held liable for a breach of one or more warranties, representations and undertakings given at clause 16.1 or elsewhere in these Terms and Conditions strictly to the extent that such breach is wholly attributable to the use of our Services contrary to our instructions, or modification or alteration of the App or Website by any party other than us or our duly authorised contractors or agents. If the Services does not conform with the warranties, representations and undertakings recorded in clause 17.1, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance to your reasonable satisfaction, without prejudice to your other rights under these Terms of Services or at law. This will be your only remedy if the Services does not conform with the warranties, representations and undertakings herein.
17.3. OTHER THAN AS AGREED TO UNDER THESE TERMS AND CONDITIONS, THE SERVICES AND OUR APP (AND OTHER TECHNOLOGY) ARE PROVIDED ON A “AS-IS” BASIS, CONSEQUENTLY WE, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES MAKE NO, AND DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
17.4. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVCIES. YOU AGREE TO CONDUCT YOUR OWN DUE DILIGENCE TO ASSESS THE ACCURACY, RELIABILITY AND QUALITY OF ALL CONTENT PROVIDED BY US TO YOU.
17.5. TAKING INTO CONSIDERATION THE NATURE OF THE SERVICES, VIBEMATCH CANNOT WARRANT THE SUCCESS OF ANY USER MATCH WHATSOEVER.
18.1. You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the Services available and the facilities and functions of our technology as described in the Documents meet your requirements.
18.2. WE ONLY SUPPLY THE APP, DOCUMENTS AND SERVICES FOR GENERAL INFORMATION AND PRIVATE USE. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION PROVIDED BY THE APP AND THE SERVICE, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT SUCH INFORMATION IS ACCURATE, COMPLETE OR UP TO DATE. YOUR USE OF THE INFORMATION VIA OUR SERVICES AND SUBSEQUENT ACTIONS YOU MAY TAKE ARE AT YOUR OWN RISK AND YOUR OWN DISCRETION.
18.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, EMPLOYEES, AGENTS (INCLUDING INFLUENCERS), RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE SERVICES OR YOUR INTERACTIONS BETWEEN USERS, INCLUDING BUT NOT LIMITED TO PHYSICAL HARM, EMOTIONAL DISTRESS, OR ANY OTHER CONSEQUENCES RESULTING FROM SUCH INTERACTIONS FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION OR SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.4. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN RESPECT OF YOUR DEVICE.
19.1. You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or Services or any interactions with other users through the Services or your breach of these Terms and Conditions. Furthermore, you agree that we assume no responsibility for the content you submit or make available through this Application.
20.1. These Terms and Conditions will commence on receipt by you of our acceptance of your offer to utilise our App and Services;
20.2. Cooling-off period: Take note that the provision of our App is provisioning of software. By downloading the App you ‘unseal’ the software and therefore no cooling off period shall apply. In terms of our Services, kindly refer to the Service Specific terms and conditions (clause 3.5). If you don’t want to use the App, then remove same from your Device.
20.3. You may terminate these Terms and Conditions at any time by uninstalling the App. We will close same within a reasonable time from receipt of your written request via email.
20.4. You agree that we may, under certain serious circumstances and without prior notice, immediately suspend or terminate your access to the Services. Cause for such suspension or termination shall include, but not be limited to,
20.5. Termination of your Service Aaccount may include (i) removal of access to all offerings within the Services, (ii) deletion of your information, files and user content associated with your account, and (iii) barring of further use of the Services.
20.6. Further, you agree that all suspensions or terminations for cause shall be made in our sole discretion and that we will not be liable to you or any third party for any suspension or termination of your account or access to the Services.
20.7. Clauses 14, 16, 17,18 and this clause 19 shall survive termination of your account and/or these Terms and Conditions.
20.8. On termination for any reason:
21.1. App and Service Support (functionality or any recommendations), If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at info@vibematchapp.com.
21.2. For complaints: it is important to us that you are satisfied with our Services. Please contact us first if you have a complaint or any other services issue. You can use the contact information as per our Contact Us page. Please ask for reference number if you speak to any of our representatives;
21.3. For any legal documentation or notices (hopefully this will never be required) we select the following address:
(Marked for the attention of: Managing Director (Legal))
21.4. How we will communicate with you: If it is required to send you any legal document or notice you agree that we can send it via electronic mail to your email address in your Service Account or that you have provided us with or if delivery to the aforesaid addresses is not successful then such contact details we may find about you on the internet.
21.5. Any notice to either party which is -
22.1. Data Messages sent from us to you have been sent from our Premises;
22.2. A Data Message is deemed to be sent:-
22.3. A data message is deemed to be received:-
22.4. All information that are incorporated by using hyperlinks and / or other methods of reference form part of these terms of Use (see section 11(3) of the ECT Act);
22.5. You agree and warrant that a Data Message sent from the Device with the App to us was sent by you.
22.6. By creating a Service Account, you agree that we may send you informational via your preferred selected communication option as part of the normal business operation of your use of the Services. You may opt-out of receiving such electronic communications by either:-
22.7. Take note, that unsubscribing from electronic communications from us by you may result in certain functions of the Services not working.
23.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks or utility services, or legislation or labour unrest (Event Outside Our Control).
23.2. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions:
24.1. Informal dispute resolution: If there is any dispute we (You and us) will first attempt to resolve it informally. You must first contact us at: info@vibematchapp.com. You will then be given an opportunity to first discuss the problem/dispute with us. The dispute must be submitted within 10 (ten) days from you becoming aware of the issue / problem. If the dispute cannot be resolved within 10 (ten) days of the dispute been referred to the service manager then the below paragraphs may be referred to.
24.2. Institution of Formal Proceedings: Subject to the provisions of clauses 24.1, the Parties agree that either Party may elect to refer any dispute which may arise to either to the High Court of South Africa.
24.3. Confidentiality: All disputes will be dealt with in confidentiality to protect the reputation of the parties;
25.1. The whole Agreement: These Terms and Conditions expressly supersede prior agreements or arrangements with you, except obviously for those terms and conditions that are incorporated by reference to these Terms and Conditions.
25.2. Assignment: You may not assign these Terms and Conditions without our prior written approval. We may assign these Terms and Conditions without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
25.3. Third Party beneficiary. These Terms and Conditions are personal to you and does not give rise to any rights to any other third party.
25.4. Any infringement of any of our licensor(s) intellectual property rights in terms of our Services (including the technology), shall entitle the third party to enforce these Terms and Conditions against you.
25.5. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
25.6. Each of the conditions of these Terms and Conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
25.7. Governing Law: These Terms and Conditions are governed by the laws of the Republic of South Africa.
25.8. Applicable Jurisdiction: You and we both irrevocably and unconditionally consent to the non-exclusive jurisdiction of the Cape High Court or a jurisdiction agreed to by the Parties in regard to the enforcement of any rights to all matters arising from these Terms and Conditions.
This agreement has been entered into on the date you receive our acceptance of your offer to download the App to you or when you make use of our Services.
26.1. App: means the Vibematch web application. Android application and Apple (iOS) application, we make available to you via the various App stores (i.e. Android Playstore, Apple Store etc) to enable you to access our Services;
26.2. Content: see par 9.3;
26.3. Data: means all data related to the access and use of our Services hereunder, including all data related to Users & all data related to the provision of the Services;
26.4. Match: means the instant where two Users share the same interests and both follow one another;
26.5. Platform: means the VibeMatch software platform that enables Users to find a Match in terms of interests, which is made available through the App or your browser.
26.6. Process has the meaning as per section 1 of the POPIA (see Privacy Policy), including derivative works / new data sets that contains no Personal Information, i.e. how many Users from a certain region or how many Users participated in the various challenges etc.;
26.7. Services: means the provision of the Platform to Users and our website, as made available on the Platform from time to time to assist you with connecting with like minded Users, amongst other things, and the services as reflected on our website and promoted via other sites of ours;
26.8. Users: means persons (natural or juristic) that have registered on the VibeMatch App and has created a Profile and opened a Services Account, which includes a user of the Services available on the Platform.
26.9. VAT: Value Added Tax as per the VAT Act.
26.10. “You” or “Your": Unless otherwise specifically stated, reference to “You” refers to you as a registered User.