Terms & Conditions of Use

The WEBSITE is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, VIVA-LITE's Privacy Policy) and procedures that may be published from time to time on this WEBSITE by VIVA-LITE (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the WEBSITE or purchasing goods in our store. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the WEBSITE or use any services. If these terms and conditions are considered an offer by VIVA-LITE, acceptance is expressly limited to these terms.

The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. If you have any questions, please contact us.

Privacy

Please read our Privacy Policy that also governs your visit to VIVA-LITE.

Electronic Communications

When you visit VIVA-LITE, by creating an account in the online store or simply by sending emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all Agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property

You agree that the content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software you access, view or download and the software used to create it, remains the property of VIVA-LITE or its software suppliers as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter the content in any way, or make it available to any third parties. In this regard please also read our Copyright Notice here.

The trademark VIVA-LITE and other VIVA-LITE graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or belong to the corporate idendity of VIVA-LITE or its affiliates in New Zealand and/or other countries. VIVA-LITE's trademarks and corporate idendity may not be used in connection with any product or service that is not VIVA-LITE's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VIVA-LITE. All other trademarks not owned by VIVA-LITE or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VIVA-LITE or its affiliates. Your use of the WEBSITE grants you no right or license to reproduce or otherwise use any VIVA-LITE or third-party trademarks.

This Agreement does not transfer from VIVA-LITE to you any VIVA-LITE or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VIVA-LITE.

License and Site Access, Intended Audience and Information Provider Details

VIVA-LITE grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VIVA-LITE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of spiders, robots, avatars, agents, data mining, gathering or similar data gathering and extraction tools and attempts to probe, scan or test or breach security and authentication measures. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VIVA-LITE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VIVA-LITE and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing VIVA-LITE's name or trademarks without the express written consent of VIVA-LITE. Any unauthorized use terminates the permission or license granted by VIVA-LITE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of VIVA-LITE so long as the link does not portray VIVA-LITE, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any VIVA-LITE logo or other proprietary graphic or trademark as part of the link without express written permission.

The intended audience of the site is the general public, companies, individuals, health professionals and students.

Details of the company and individuals associated with this WEBSITE's management and content information include:

Responsibility of Website Visitors

You represent and warrant that 

(i) your use of the WEBSITE will be in strict accordance with the VIVA-LITE Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside) and
(ii) your use of the WEBSITE will not infringe or misappropriate the intellectual property rights of any third party.

Reviews, Comments, Communications and Other Content

Visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. VIVA-LITE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant VIVA-LITE and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant VIVA-LITE and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify VIVA-LITE or its affiliates for all claims resulting from content you supply. VIVA-LITE has the right but not the obligation to monitor and edit or remove any activity or content. VIVA-LITE takes no responsibility and assumes no liability for any content posted by you or any third party.

Shopping with VIVA-LITE

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the WEBSITE only with involvement of a parent or guardian. VIVA-LITE and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

Product Availability

We cannot guarantee product availability and products, nonetheless, these items may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

Product Description & Typographical Errors

VIVA-LITE and its affiliates attempt to be as accurate as possible. However, VIVA-LITE does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by VIVA-LITE itself is not as described, please follow the instructions for returning orders as stated in our Returning Orders Policy.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card or other payment account in the amount of the charge./p>

Payment, Prices and Taxes

Please see the Payment Page.

Shipping and Delivery
Please see the Shipping & Delivery Page.

Returning Orders

Please view our Returning Orders Policy for details on how and under which conditions we accept returns.

Copyright Infringement

As VIVA-LITE asks others to respect its intellectual property rights, it respects the copyright of others. If you believe that your work has been copied in a way that constitutes copyright infringement, as pursuant to Part 2 of the Copyright Act 1994, please let us know and include the following details:

• Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL) and description of where the material that you claim is infringing is located on the site;
• A statement that the complaining party believes what constitutes infringement under the Copyright Act 1994;
• A description of the copyrighted work that you claim has been infringed upon;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your address, telephone number, and email address;
• A statement and signature by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

VIVA-LITE will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of VIVA-LITE or others, VIVA-LITE may, in its discretion, terminate or deny access to and use of the WEBSITE.

Before submitting a complaint, please also view our credits page as certain intellectual property used on this site is in accordance with its terms or license of putting a link to the copyright holder's homepage.

Links and Other Businesses

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. VIVA-LITE does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. By linking to a non-VIVA-LITE WEBSITE or webpage, VIVA-LITE does not represent or imply that it endorses such WEBSITE or webpage. You should carefully review their privacy statements and other conditions of use. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Disclaimer of Warranties and Limitation of Liability

The WEBSITE is provided "as is". VIVA-LITE and its affiliates hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VIVA-LITE nor its affiliates makes any warranty that the WEBSITE will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the WEBSITE at your own discretion and risk.

In no event will VIVA-LITE, or its affiliates, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for

(i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services;
(iii) for interuption of use or loss or corruption of data.

VIVA-LITE shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Disclaimer as it is included in this Agreement and you accept it while using this WEBSITE.

Indemnification

You agree to indemnify and hold harmless VIVA-LITE, its affiliates, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the WEBSITE, including but not limited to out of your violation this Agreement.

Disputes

Any dispute relating in any way to your visit to VIVA-LITE or to products you purchase through this WEBSITE shall be submitted to confidential arbitration in Auckland, New Zealand, except that, to the extent you have in any manner violated or threatened to violate VIVA-LITE's intellectual property rights, VIVA-LITE may seek injunctive or other appropriate relief in any state or federal court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the New Zealand Arbitration Act. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Other Policies, Changes, and Severability

Please review our other policies, such as our disclaimer, privacy, copyright, returning order, payment, shipping and other policies, posted on this site as these policies also govern your visit to VIVA-LITE.

We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the WEBSITE following the posting of any changes to this Agreement constitutes acceptance of those changes. VIVA-LITE may also, in the future, offer new services, products and/or features through the WEBSITE. Such new features, products and/or services shall be subject to the terms and conditions of this Agreement.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and be construed to reflect the parties’ original intent and shall not affect the validity and enforceability of any remaining condition.

Applicable Law

You agree that this Agreement, any access to or use of the WEBSITE will be governed by the laws of the state of Auckland, New Zealand, excluding its conflict of law provisions, and that the proper venue for any disputes arising out of or relating to any of the same between you and VIVA-LITE or its affiliates will be the state Auckland and its related federal courts.

Our Address and How to Contact Us

Viva-Lite.com
PO Box 524
Waiheke Island
NEW ZEALAND

If you have any comments or questions, please do not hesitate to contact us via phone or email us via the online web form.