Varsity Vibe Membership Terms and Conditions
Items in these Terms and Conditions that are of importance or that carry a level of risk for you are in bold. Please pay special attention to these clauses and make sure you understand them. If you don’t understand something please get us to explain it to you.
- “Acceptance Date” means the date on which you accepted the Agreement, by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone;
- “Business Day” means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa;
- “Business Hours” means the hours between 08h00 and 17h00 on a Business Day;
- "CPA" means the Consumer Protection Act, 2008;
- “ECT Act” means the Electronic Communications and Transactions Act, 2002;
- “VARSITY VIBE”, “we”, “us” and “our” means Varsity Vibe (Proprietary) Limited;
- “VARSITY VIBE Marks” means any trademarks, logos, brand names, trade names domain names or other names or marks of VARSITY VIBE whether registered or not;
- “Intellectual Property Rights” means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978 including any applications for the aforegoing and any names, licenses, know how, trade secrets and data associated with the aforegoing;
- "Juristic Person" means a company or close corporation and includes a body corporate, partnership, association or trust;
- “Legal Notices Website” means http://www.varsityvibe.co.za/legal;
- “Purchase Date” means the date upon which you complete your profile with Varsity Vibe and are entitled to discount offered via Varsity Vibe;
- “Third Party Service Provider” means a third party who provides services to Members via the Varsity Vibe website;
- “Service” means the membership to Varsity Vibe which will entitle you to obtain discounts and/or deals at participating merchants (subject to their own specific terms and conditions) for a period of 12 months from the Purchase Date;
- “Subscriber”, “you” or “Customer” means a user of any of our products or services;
- “Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of VARSITY VIBE including the termination or suspension of a service or product provided by a third party, that may result in a delay or a failure to provide any product or service;
- “VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991; and
- “Website” means www.varsityvibe.co.za.
Commencement, Duration, Termination and Cooling-off
- The Agreement will commence on the Acceptance Date and endure for as long as you have a profile with Varsity Vibe until it is cancelled as provided for in this Agreement.
- Varsity Vibe may terminate this Agreement immediately on notice to you for material breach of this Agreement.
- Notwithstanding the termination of the Agreement, in the event that you continue to use the products or services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to VARSITY VIBE as a result of the use of or access to the product or service and this Agreement shall be deemed to continue to apply until such time as all amounts due to VARSITY VIBE have been paid in full, and we will be entitled to terminate the agreement at any time.
If the Agreement results from any direct approach to you by VARSITY VIBE or is an electronic transaction as contemplated in the ECT Act, you will be entitled to cancel the Agreement on written notice to VARSITY VIBE without reason or penalty within 5 (five) Business Days of –
- in the case of services only being provided in terms of the Agreement - the Purchase Date; and
- in the case where goods are provided and constitute the subject of the Agreement, whether in conjunction with services or on its own – the date of delivery of such goods.
- For purposes of clause 2.5.2, goods include any literature, music, photograph, motion picture, game, information, data software, code or other intangible product or any license to use such intangible product.
Conditions of access
- VARSITY VIBE will make the Service available to you on the Purchase Date.
- You must be at least 18 (eighteen) years of age to access the Services.
- VARSITY VIBE will, where relevant, issue a user name and password to you prior to the Acceptance Date in order to enable you to gain access to and/or use a service. In such instance, you will not be able to access and/or use a service without a user name and password.
You agree that:
- you will use your user name and password for your own personal use only;
- you will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
- in the event that your password is compromised, you will immediately notify VARSITY VIBE and change your password;
- you, as the holder of the user name and password, acknowledge you are solely responsible for all payments in respect of a service charged to your VARSITY VIBE account, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your VARSITY VIBE account will be deemed to have arisen from (or relate to) your access to and/or use of a service;
- you agree to cause all persons who use any products or services under your account or with your authorization to comply with the Agreement. All acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;
- VARSITY VIBE also offers a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password. Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us.
- you will not, at any time, permit and/or initiate a simultaneous network log-in; and
- you will not attempt to circumvent VARSITY VIBE's user authentication processes or engage in attempts to access VARSITY VIBE's network where not expressly authorised to do so.
Service Delivery, Service Availability
- VARSITY VIBE will use reasonable endeavors to make its services available to its Members, and to maintain the availability thereof for use by its members. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.
- VARSITY VIBE will use its best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but can not always guarantee this.
- Please note that all discounts are subject to availability and may be for a limited region or duration. Note further that the agreement for the taking up of the discount and the provision of the product or service in relation to such discount is between you and the merchant offering the discount.
- You will be required to have one of the devices listed on our Website and have the latest version of our mobile application installed in order to access the Services. Should you change devices or not have the latest version of the mobile application installed and as a result can no longer access the Services you will not be entitled to cancel the Services without incurring a penalty.
Communication and Dispute Resolution
- Any dispute between the parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.
- The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
- The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
- Billing will commence on the Purchase Date.
- You will pay the sum of R200 annually by means of online payment, cash or EFT in order to be a member and receive the Services;
- In the event your membership is cancelled for any reason, you will not be entitled to a pro rata refund. Please note that discounts are offered from January to December of each year (the Annual Period) and should you join part way through an Annual Period, all discounts may not be available in the subsequent Annual Period. The annual cost will however remain the same.
Intellectual Property Rights
- You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of any of our services and/products.
- You are prohibited from using any VARSITY VIBE Marks without the prior written approval of VARSITY VIBE.
- VARSITY VIBE will deal with any content submitted by you in terms of the Content Submission Terms.
Subject to any other provisions set out in these membership terms and conditions, should you be in breach of any provision of this Agreement, then VARSITY VIBE shall be entitled, without prejudice to any other rights that it may have and to the extent required or permitted, as the case may be, by law, to forthwith:
- afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or
- suspend your access to the Service; or
- cancel all agreements concluded between us.
- Subject to any other provisions set out in these membership terms and conditions, should you be in breach of any provision of this Agreement, then VARSITY VIBE shall be entitled, without prejudice to any other rights that it may have and to the extent required or permitted, as the case may be, by law, to forthwith:
You hereby unconditionally and irrevocably indemnify VARSITY VIBE and agree to indemnify and hold VARSITY VIBE harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by VARSITY VIBE as a result of any claim instituted against VARSITY VIBE by a third party (other than you) as a result of (without limitation):
- your use of our Services other than as allowed or prescribed in the Agreement;
- any other cause whatsoever relating to the Agreement or the provision of Services to you where you have acted wrongfully or failed to act when you had a duty to so act.
- You hereby unconditionally and irrevocably indemnify VARSITY VIBE and agree to indemnify and hold VARSITY VIBE harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by VARSITY VIBE as a result of any claim instituted against VARSITY VIBE by a third party (other than you) as a result of (without limitation):
No representations, warranties or guarantees and Limitation of liability
- Save to the extent otherwise provided for in this Agreement or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service.
Without limiting the generality of the provisions of clause 11.2, VARSITY VIBE shall not be liable for and you will have no claim of whatsoever nature against VARSITY VIBE as a result of
- the loss of or access to any usernames and passwords which you are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that you are the person so using or gaining access to any service or account where your username and password is used;
- any unavailability of, or interruption in the Service due to an Uncontrolled Event;
- any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in the Agreement.
- In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, VARSITY VIBE shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that VARSITY VIBE is liable to you for any damages, VARSITY VIBE’s liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for a service or product during the immediately preceding 12 (twelve) month period in respect of the service or product which gave rise to the liability in question.
Cession and Delegation
- You may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of VARSITY VIBE. VARSITY VIBE shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without your consent and without notice to you provided that you are not unduly prejudiced as a result. “Affiliates” for this purpose includes VARSITY VIBE’s holding company, the holding company(ies) of VARSITY VIBE’s holding company (collectively “its holding companies”), its subsidiaries, subsidiaries of its holding companies and any other companies which are directly or indirectly controlled by VARSITY VIBE or are under common control with VARSITY VIBE.
- You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by VARSITY VIBE arising out of this Agreement, provided that VARSITY VIBE shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause 5 above.
Amendment of this agreement
- VARSITY VIBE reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our website on a regular basis in order to determine whether any amendments have been made.
- The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties.
- VARSITY VIBE is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandi and certain other information available to its Members who enter into electronic transactions with VARSITY VIBE. This information is available on the website.
- You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law.
- No indulgence, leniency or extension of time which VARSITY VIBE may grant or show to you shall in any way prejudice VARSITY VIBE or preclude VARSITY VIBE from exercising any of its rights in the future.
- You warrant that as at the date of signature all the details furnished by you to VARSITY VIBE are true and correct and that you will notify VARSITY VIBE in the event of any change to such details.
- All our terms and conditions can be accessed, stored, and reproduced electronically by you.
The physical address where VARSITY VIBE will receive legal service of documents/ domicilium citandi et executandi is the following:
Unit 21, Roeland Square
Website Terms and Conditions of Use
- Please take note of all Website Terms and Conditions of Use. Your use of this website implies an acceptance of the Website Terms and Conditions of Use and any other specific terms and an agreement to be bound by them. In the event of a conflict between the Website Terms and Conditions of Use of this website and any specific terms applicable, and only to the extent of the conflict, the more specific term will apply.
- VARSITY VIBE grants you a limited, revocable license to use this website subject to the Terms. The license is a personal, nontransferable, non-sublicensable, revocable license to access and use the website only as expressly permitted in these Website Terms and Conditions of Use. Except for this limited license, we do not grant you any other rights or license with respect to this website.
- Unless we have granted you permission in advance and in writing, you may use the website only for your personal, non-commercial use, and not to provide services to a third party. Any person wishing to use this web site contrary to the Website Terms and Conditions of Use must obtain prior written consent from VARSITY VIBE.
- VARSITY VIBE makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of this information. VARSITY VIBE assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever arising in connection with using this website or any content contained herein. Furthermore VARSITY VIBE reserves the right to make changes to these materials at any time without notice. If you find any inaccurate, out of date or incomplete information or material on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting VARSITY VIBE or the owner or provider of the information to which the issue relates.
- Unless otherwise stated, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this website are the sole property of or will vest in VARSITY VIBE or a third party licensor. All moral rights are reserved.
- Trademarks. VARSITY VIBE ’ logo and sub-logos, marks, and trade names are the trademarks of VARSITY VIBE and no person may use them without permission. Any other trademark or trade name that may appear on this web site or other marketing material of VARSITY VIBE is the property of its respective owner.
- You should independently verify any information and material on this website before relying upon it. The information and material on this website are not substitutes for the exercise of professional judgment. If you are not qualified or experienced enough to make that judgment, you should take professional advice or contact the relevant information owner or provider for further information and advice.
- Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other websites on the part of VARSITY VIBE. VARSITY VIBE makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks. VARSITY VIBE will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).
- While VARSITY VIBE makes every effort to ensure that any executable material available to be downloaded from VARSITY VIBE' website is free of any virus, it cannot guarantee that the material is free from any or all viruses. VARSITY VIBE is not responsible for any loss or damage howsoever caused by the executable material and potentially malicious code contained therein.
- You are responsible for ensuring that your computer systems are suitable to access and use this website. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.
Restrictions on Use of Website:
- Framing. No person, business, or website may frame this website or any of the pages on this website, or use any other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website;
- Linking. We prohibit “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of VARSITY VIBE or suggests you are the owner of any intellectual property belonging to VARSITY VIBE.
- Spiders and Crawlers. No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from this website.
You specifically may not:
- Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the content in any form whatsoever;
- Modify, translate into any language or computer language, or create derivative works from, any content or any part of this website;
- Reverse engineer any part of this website;
- Use the website other than to make legitimate reservations or bookings;
- Use the website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
- Disguise the information transmitted through the website;
- Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties;
- Use or access the website in any way that, in our reasonable judgment, adversely affects the performance or function of the website, or any other computer systems or networks used by VARSITY VIBE other website users;
- Upload or transmit to the website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our website, or appropriate the website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
- Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our website, or take any action that impose an unreasonable load on our equipment; or
- disguise the origin of the information transmitted through the website.
- All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by VARSITY VIBE and the information owners and providers.
- If the use of any information or material on this website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered. If you are outside the Republic of South Africa you must satisfy yourself that you are lawfully able to use any such information and materials. We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.
- No delay, neglect or forbearance on the part of VARSITY VIBE in enforcing any of their rights under the Website Terms and Conditions of Use will be, or be deemed to be, a waiver and it will not prejudice any right of VARSITY VIBE.
- If any of the Website Terms and Conditions of Use is held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of the Website Terms and Conditions of Use which will continue to be of full force and effect.
- No addition to or modification of any provision of these Website Terms and Conditions of Use will be binding on VARSITY VIBE unless made in writing and signed by their duly authorised representatives.
- VARSITY VIBE may modify, suspend, or discontinue providing this web site (with or without notice) and will not be liable.