Terms of Service

1. The Service

RoomCheck is a real-time hospitality operations platform that connects hotel guests to hotel staff through in-room devices, a live operations dashboard and messaging integrations (such as WhatsApp). Features, hardware and integrations may change, improve or be discontinued over time.

2. Accounts & eligibility

You must provide accurate account information and keep it up to date. You are responsible for all activity under your account and for keeping login credentials confidential. You must notify us promptly of any unauthorised use. The Service is intended for business use by hotels and similar establishments and the staff they authorise.

3. Devices & hardware

In-room devices ordered through our website or an order are sold to the Customer for use with the Service. The Customer must use them only with the Service, keep them in good condition, and provide reliable power and Wi-Fi connectivity.

• Ownership. Ownership of the devices passes to the Customer only once the full hardware price has been paid. Until then the devices remain the property of RoomCheck, and the Customer may not sell, lend, encumber or dispose of them.
• Risk. The Customer is responsible for loss of, or damage to, devices in its possession (beyond normal wear) from delivery.
• Paying later. Where the Customer chose to pay part of the hardware price later, that balance is invoiced on the schedule shown at checkout (for monthly billing, in equal instalments with the invoices for months 2 to 12; for 6-monthly billing, with the month-6 invoice).
• Unpaid balance on cancellation. If the Customer cancels, does not renew, or misses a payment while any part of the hardware price is unpaid, the full unpaid balance becomes due immediately. If it is not paid when due, the Customer must return the unpaid devices in good working order at its own cost on request; RoomCheck may disable them on the Service and may take legal steps to recover the devices or the amount owed.
• Delivery. The delivery lead time shown at purchase is our estimate; we will keep the Customer informed of the expected delivery date.

4. Fees, subscriptions & payment

Use of the Service is subject to the setup fee, subscription fees and hardware charges shown at checkout or set out in an order. Unless stated otherwise, fees include VAT where applicable.

• Paid at checkout. The amount due today — the setup fee, the subscription for the first billing period, and the hardware paid upfront — is paid online through our payment provider, PayFast, when the order is placed. The setup fee is non-refundable.
• Invoiced afterwards. Subscription fees for later billing periods (monthly, 6-monthly or annually, as chosen) and any hardware balance paid later are invoiced by RoomCheck in advance and are payable by the due date on the invoice.
• Changes and late payment.We may change pricing on reasonable notice, effective from the Customer’s next billing period after the Minimum Term. Late or unpaid amounts may result in suspension of the Service.
• Fees are non-refundable except where these Terms or the law require otherwise.

5. Acceptable use

You agree not to, and not to allow others to:

• use the Service unlawfully or in breach of these Terms;
• send spam, or use messaging features in violation of WhatsApp/Meta policies or applicable law;
• attempt to gain unauthorised access to, disrupt, or reverse-engineer the Service or devices;
• upload malicious code or infringe the rights of others; or
• resell or provide the Service to third parties without our written consent.

6. Customer data & responsibilities

“Customer Data” means data the Customer or its staff and guests submit to the Service. As between the parties, the Customer owns its Customer Data. The Customer grants us the right to process Customer Data to provide and support the Service. The Customer is responsible for the accuracy of its Customer Data and for ensuring it has a lawful basis — including any required notices to, or consents from, its staff and guests — to collect that data and have us process it on its behalf. Our handling of personal information is described in our Privacy Policy.

7. Third-party services

The Service relies on third-party providers such as WhatsApp/Meta, Google and others. Your use of those features may be subject to the third party’s own terms, and we are not responsible for third-party services we do not control.

8. Availability & support

We work to keep the Service available and reliable, but it is provided on an “as available” basis and may experience downtime for maintenance, updates or factors outside our control (including connectivity, power and third-party outages). Unless a separate service-level agreement is in place, we do not guarantee uninterrupted or error-free operation.

9. Intellectual property

RoomCheck and its licensors own all rights in the Service, software, devices’ firmware, and our trademarks and branding. We grant the Customer a limited, non-exclusive, non-transferable right to use the Service during the term, solely for its internal business operations. No other rights are granted. We may use anonymised and aggregated data that does not identify any person or hotel to operate and improve the Service.

10. Confidentiality

Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care, except where disclosure is required by law.

11. Warranties & disclaimers

Except as expressly stated, and to the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Devices carry the warranties required by law. Nothing in these Terms excludes liability that cannot lawfully be excluded, including under the Consumer Protection Act where it applies.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts paid by the Customer to RoomCheck for the Service in the three (3) months before the event giving rise to the claim.

13. Indemnity

The Customer will indemnify and hold RoomCheck harmless from claims, losses and costs arising out of the Customer’s Customer Data, its use of the Service in breach of these Terms, or its breach of applicable law (including data-protection law).

14. Term, suspension & termination

• Minimum term.Each plan has a minimum term of twelve (12) months from the order date (the “Minimum Term”). After the Minimum Term the plan renews for successive billing periods until cancelled.
• Cancelling. After the Minimum Term, the Customer may cancel by written notice before the end of the current billing period, effective at the end of that period.
• Cancelling early. If the Customer cancels before the end of the Minimum Term, any unpaid hardware balance becomes payable (see section 3) and RoomCheck may charge a reasonable cancellation fee of up to the subscription fees for the rest of the Minimum Term.
• Consumer Protection Act.Where the Consumer Protection Act applies to the Customer, the Customer may cancel on twenty (20) business days’ written notice, any cancellation fee is limited to what that Act allows, and we will notify the Customer before the Minimum Term expires.
• Suspension. We may suspend or terminate access immediately for non-payment, breach of these Terms, or risk to the Service or others.
• After termination.The Customer’s right to use the Service ends, and any devices not yet paid for in full must be paid for or returned (see section 3). We will make Customer Data available for export for a reasonable period after termination, after which we may delete it in line with our Privacy Policy.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated version on this page and update the “Last updated” date. Your continued use of the Service after changes take effect means you accept the updated Terms.

16. Governing law & disputes

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the jurisdiction of the courts of the Western Cape, South Africa. The parties will try to resolve any dispute amicably before commencing proceedings.

17. General

If any provision of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent; we may assign them as part of a reorganisation or sale. Neither party is liable for delays caused by events beyond its reasonable control. These Terms, together with any order and our Privacy Policy, are the entire agreement between the parties about the Service.

18. Contact us

Questions about these Terms? Email hello@roomcheck.co.za.