Terms and Conditions

VIBETRONIX (PTY) LTD

WEBSITE TERMS AND CONDITIONS OF USE

Version 1.0 – Effective Date: 17 June 2026

1. Introduction and Acceptance

Welcome to www.vibetronix.co.za (the “Website”). This Website is owned and operated by Vibetronix (Pty) Ltd (Registration No. 2021/457610/07), a private company duly incorporated in accordance with the laws of the Republic of South Africa (“Vibetronix”, “we”, “us” or “our”).

By accessing or using this Website, purchasing our products or services, or otherwise engaging with us through this Website, you (“User”, “you” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must immediately cease using this Website.

These Terms are governed exclusively by the laws of the Republic of South Africa and apply to all users accessing the Website from within South Africa.

2. Definitions

In these Terms, the following words and phrases have the meanings set out below unless the context indicates otherwise:

“Account” means a registered user account on the Website or associated platform;

“Content” means all text, images, graphics, videos, data, software, and other material available on the Website;

“Distributor” means an authorised third-party reseller or distributor who purchases Vibetronix products for onward sale or supply to end users;

“Intellectual Property” means all patents, trade marks, trade names, service marks, copyright, design rights, know-how, trade secrets, and any other intellectual or industrial property rights, whether registered or unregistered;

“Personal Information” has the meaning assigned to it in the Protection of Personal Information Act 4 of 2013 (“POPIA”);

“Products” means the electronic and related products designed, developed, manufactured, and/or distributed by Vibetronix and made available for purchase through the Website or through authorised Distributors;

“Services” means all services offered by Vibetronix through the Website, including any cloud-based, subscription, or support services;

“Subscription” means a recurring paid plan granting access to cloud-connected features or other Services offered by Vibetronix.

3. Eligibility and User Obligations

3.1 Age Requirement

You must be at least 18 (eighteen) years of age to use this Website, register an Account, or purchase Products or Services. By using the Website you represent and warrant that you are at least 18 years of age.

3.2 Account Registration

Where an Account is required to access certain features of the Website or Services, you agree to:

• provide accurate, current, and complete information during registration;

• keep your login credentials confidential and not share them with any third party;

• notify us immediately of any unauthorised use of your Account; and

• accept full responsibility for all activities conducted through your Account.

Accounts are personal and non-transferable. Vibetronix reserves the right to suspend or terminate any Account that is found to be shared or transferred without our written consent.

4. Products and Services

4.1 General

Vibetronix designs, develops, and distributes electronic products and related services. Products and Services may be purchased directly through the Website (“Direct”) or through an authorised Distributor (“Indirect”). Where a purchase is made through a Distributor, your primary contractual relationship in respect of that purchase is with the Distributor, and the Distributor’s own terms and conditions may apply in addition to these Terms.

4.2 Product Information and Availability

We endeavour to ensure that Product descriptions, specifications, and images displayed on the Website are accurate and up to date. However, we do not warrant that all information is free from error. Vibetronix reserves the right, at any time and without notice, to modify, discontinue, or withdraw any Product or Service. All Products are subject to availability.

4.3 Subscriptions

Certain features or Services may only be accessible with an active Subscription. Subscription fees are payable in advance in South African Rand (ZAR) unless otherwise agreed in writing. Vibetronix reserves the right to change Subscription fees upon not less than 30 (thirty) days’ written notice. Your continued use of the Services after the effective date of any fee change constitutes your acceptance of the revised fees.

Access to cloud-connected features requires an active Subscription. Upon expiry or cancellation of a Subscription, access to the relevant features will be suspended. Vibetronix will archive your data for a period of 1 (one) month following expiry or cancellation, after which it may be permanently deleted.

5. Pricing and Payment

All prices displayed on the Website are quoted in South African Rand (ZAR) and, unless expressly stated otherwise, are inclusive of Value Added Tax (VAT) at the prevailing rate. Vibetronix reserves the right to correct any pricing errors and to cancel or refuse orders placed at an incorrect price.

Payment is due at the time of order placement or, in respect of Subscriptions, on the first day of each billing cycle. Vibetronix accepts payment via the methods displayed at checkout. You authorise Vibetronix to charge your selected payment method for all amounts owing.

If any amount remains unpaid for more than 15 (fifteen) business days after its due date, Vibetronix reserves the right to suspend access to Services and/or to charge interest on overdue amounts at the maximum rate permitted under the National Credit Act 34 of 2005 (where applicable) or such other rate as may be agreed in writing.

6. Delivery and Risk

Vibetronix will use reasonable endeavours to deliver Products within the estimated timeframes communicated at checkout. However, delivery dates are estimates only and are not guaranteed. Vibetronix shall not be liable for any loss or damage arising from delay in delivery.

Risk in the Products passes to you upon delivery to the address specified in your order. Ownership of the Products will only pass to you once full payment has been received by Vibetronix.

7. Warranty

7.1 Limited Product Warranty

Vibetronix warrants that its Products will be free from defects in materials and workmanship for a period of 12 (twelve) months from the date of purchase (the “Warranty Period”), subject to the exclusions set out below. Where a Product is purchased through a Distributor, the warranty may be administered by that Distributor in accordance with its own warranty policy, which shall be no less favourable than the warranty set out here.

7.2 Warranty Exclusions

This warranty does not cover:

• damage caused by accident, misuse, abuse, neglect, or unauthorised modification;

• damage caused by use of the Product with non-approved accessories or third-party components;

• damage caused by electrical surges, lightning, water ingress, or acts of God;

• cosmetic damage, including scratches and dents that do not affect functionality; or

• Products that have been repaired or serviced by anyone other than an authorised Vibetronix service provider.

7.3 Consumer Protection Act

Nothing in these Terms limits or excludes any warranty or guarantee implied by the Consumer Protection Act 68 of 2008 (“CPA”) or any other applicable South African legislation that cannot be excluded by agreement.

8. Returns and Refunds

Subject to the CPA and any applicable cooling-off provisions:

• You may return a defective Product within the Warranty Period for repair, replacement, or refund at Vibetronix’s discretion.

• Returns must be accompanied by proof of purchase and the original packaging where reasonably possible.

• Products purchased through a Distributor must be returned to that Distributor in the first instance.

• Refunds will be processed within 15 (fifteen) business days of approval using the original payment method where practicable.

Digital Services and Subscriptions are non-refundable once activated, except as required by the CPA or other applicable law.

9. Intellectual Property

All Intellectual Property in the Website, its Content, and in our Products and Services is owned by or licensed to Vibetronix. Nothing on the Website or in these Terms transfers any Intellectual Property rights to you. You may not copy, reproduce, distribute, modify, publicly display, or create derivative works of any Content without our prior written consent.

The trade name “Vibetronix” and our logo are trade marks of Vibetronix (Pty) Ltd. Unauthorised use of our trade marks is strictly prohibited.

You may print or download Content from the Website for your personal, non-commercial use only, provided you do not modify it and you retain all copyright and other proprietary notices.

10. Data Protection and Privacy

Vibetronix processes Personal Information in accordance with POPIA. Our Privacy Policy, which is incorporated into and forms part of these Terms by reference, sets out how we collect, use, store, and protect your Personal Information. By using the Website you confirm that you have read and understood our Privacy Policy.

Where Vibetronix stores data on your behalf (for example, in connection with a cloud-enabled Service), we will maintain reasonable backups while your Subscription is active. Following termination or expiry of a Subscription, data will be archived for a period of 1 (one) month, after which it may be permanently deleted. You are responsible for exporting any data you wish to retain before your Subscription ends.

You may contact our Information Officer at the details set out in clause 17 to exercise your rights under POPIA, including the right to access, correct, or request deletion of your Personal Information.

11. Acceptable Use of the Website

You agree to use this Website only for lawful purposes and in accordance with these Terms. You may not:

• use the Website in any way that violates applicable South African law or regulation;

• transmit any unsolicited commercial communications (spam);

• upload or transmit viruses, malware, or any other harmful code;

• attempt to gain unauthorised access to any part of the Website or its underlying systems;

• engage in any conduct that restricts or inhibits any other person’s use of the Website; or

• scrape, crawl, or systematically copy Content from the Website without our prior written consent.

12. Third-Party Links and Content

The Website may contain links to third-party websites or resources. These links are provided for your convenience only. Vibetronix does not endorse, control, or accept responsibility for the content, privacy practices, or accuracy of any third-party website. Your use of any linked website is at your own risk and subject to that website’s terms and conditions.

13. Disclaimer of Warranties and Limitation of Liability

13.1 Website Disclaimer

The Website and its Content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Vibetronix makes no warranty, express or implied, regarding the accuracy, completeness, reliability, or availability of the Website or its Content. We do not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components.

13.2 Limitation of Liability

To the maximum extent permitted by South African law, Vibetronix’s total aggregate liability to you arising out of or in connection with these Terms, the Website, or any Products or Services shall be limited to the total amount paid by you to Vibetronix in the 12 (twelve) months immediately preceding the event giving rise to the claim.

Vibetronix shall not be liable for any indirect, special, incidental, consequential, or punitive loss or damage, including loss of profit, loss of data, loss of business, or loss of goodwill, even if Vibetronix has been advised of the possibility of such loss.

Nothing in these Terms shall limit or exclude our liability for:

• fraud or fraudulent misrepresentation;

• death or personal injury caused by our negligence; or

• any liability that cannot be excluded or limited under the CPA or other applicable South African law.

14. Indemnity

You agree to indemnify, defend, and hold harmless Vibetronix and its directors, officers, employees, agents, and licensors from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Website or Services; (b) your breach of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content you submit, post, or transmit through the Website.

15. Suspension and Termination

Vibetronix reserves the right, in its sole discretion, to suspend or terminate your access to the Website, your Account, or any Services at any time and without prior notice if:

• you breach any provision of these Terms;

• payment for a Subscription or Product is overdue by more than 10 (ten) business days;

• we reasonably suspect fraudulent or unlawful activity on your Account; or

• we are required to do so by law or a competent authority.

Vibetronix may discontinue or modify any Service upon not less than 30 (thirty) days’ written notice where reasonably practicable. If we discontinue a Service for which you have a prepaid Subscription, we will refund the unused portion of any prepaid fees on a pro rata basis.

You may cancel your Subscription or close your Account at any time by following the instructions on the Website or by contacting us using the details in clause 17. Cancellation takes effect at the end of the current billing cycle unless the CPA entitles you to an earlier cancellation.

16. Dispute Resolution and Governing Law

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising out of or in connection with these Terms.

16.2 Dispute Resolution Process

In the event of any dispute or complaint arising out of or in connection with these Terms, the Products, or the Services, the parties agree to first attempt to resolve the matter amicably by written notice to the other party. If the dispute is not resolved within 20 (twenty) business days of such notice, either party may refer the matter to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”), with the seat of arbitration in Johannesburg, South Africa, and conducted in English. The arbitration award shall be final and binding.

Nothing in this clause prevents either party from approaching a court of competent jurisdiction for urgent or interim relief, or prevents a consumer from lodging a complaint with the National Consumer Commission or another relevant regulatory body.

17. General Provisions

17.1 Amendments

Vibetronix reserves the right to amend these Terms at any time. We will publish the updated Terms on the Website with a revised effective date. If an amendment materially affects your rights, we will endeavour to provide reasonable advance notice. Your continued use of the Website after the effective date of any amendment constitutes your acceptance of the revised Terms.

17.2 Severability

If any provision of these Terms is found by a competent court or arbitrator to be invalid, unlawful, or unenforceable, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.

17.3 Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Vibetronix in relation to your use of the Website and supersede all prior representations, agreements, and understandings.

17.4 Waiver

No failure or delay by Vibetronix in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any breach shall not constitute a waiver of any subsequent breach.

17.5 Force Majeure

Vibetronix shall not be liable for any failure or delay in performance of its obligations to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, load shedding or power outages, telecommunications failures, civil unrest, government action, or natural disasters.

Terms and Conditions

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