Terms & Conditions of Use
Welcome to viva-lite.nl. The following terms and conditions govern all use of the viva-lite.nl website ("WEBSITE") and all content, services and products available at or through the WEBSITE, including, but not limited to, the Viva-Lite® Online Store. The WEBSITE is owned and operated by Viva-Lite International Limited ("VIVA-LITE"). VIVA-LITE and its affiliates provide their services to you subject to the following conditions. If you visit or shop with VIVA-LITE, you accept these conditions. Please read them carefully.
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.
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:
Information Provider |
Health related Information |
Webmaster |
Project Leader |
AMT Pvt. Ltd. 144, 2nd Main, Kasturi Nagar Bangalore -
560043 INDIA Contact... |
Mrs. Margit Brusda (Chief Editor) Health
Consultant, Naturopath ND Contact... |
Aby Varghese (Webmaster) Project
Manager, IT Professional Contact... |
Toby Ruckert (Author) Director, Viva-Lite
International Ltd. Contact... |
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.