Terms & Conditions
These Terms and Conditions shall apply to Your use of the website located at www.vivo.com.mt. By using the Vivo Site You agree to be bound by the terms and conditions set out below. If You do not wish to be bound by these terms and conditions, You should not use the Vivo Site. We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the Vivo Site will be deemed an acceptance of the terms existing at that time.
- Definitions “You” means you, the user of the Vivo Site and “Your” shall be interpreted accordingly. “We/Us” means Vivo Bathrooms & Ceramics Ltd, of Level 3, Triq Dun Karm, B’Kara, BKR9030, Malta and “Our” shall be interpreted accordingly. “Vivo Site” shall have the meaning as set out above. “User Information” means the personal details, which may be provided by You to Us via the Vivo Site. “Users” means the users of the Vivo Site collectively and/or individually as the context admits. “Website” means a site on the World Wide Web.
- Acceptable Use. You agree that any use by You of the Vivo Site shall be in accordance with the following conditions: 2.1 You will not post or transmit through the Vivo Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon Our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect. 2.2 You will not post or otherwise make available on the Vivo Site any material, which You do not own without the express permission of the owner of the material. 2.3 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Vivo Site except as is strictly necessary for Your own personal non-commercial home use. 2.4 You will abide by the specific rules of any competition or promotion that You participate in on or via the Vivo Site. 2.5 You will not do anything that affects the operability or security of the Vivo Site or causes unreasonable inconvenience or offence or disruption to Our staff.
- Third Party Websites 3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Vivo Site. 3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.
- Intellectual Property 4.1 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Vivo Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. 4.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us at the address above or through the e-mail [email protected] 4.3 You acknowledge that by posting materials on the Vivo Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials within the Vivo Site. The licence extends to copying, adapting and editing the materials for use on the Vivo Website.
- Liability Disclaimer and information provided on the Vivo Site 5.1 We do not claim ownership of the materials (including without limitation, feedback, suggestions and postings on any bulletin boards) You provide to the Vivo Site, or post, upload, input or submit to the Vivo Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting Your Submissions You are granting Us, Our affiliated companies (including without limitation, Our subsidiary undertakings) and necessary sublicensees, an irrevocable, perpetual, royalty free, worldwide licence to use Your Submissions within the Vivo Site and/or in connection with the operation of the Vivo Site and/or in connection with Our business operations, including without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submissions; and to publish Your name in connection with Your Submissions. No failure to remove particular Submissions constitutes and endorsement or acceptance of it by Us. 5.2 For avoidance of any doubt, no compensation will be paid with respect to the use of Your Submissions. We are under no obligation to post or use any Submissions You may provide and may remove any Submission at any time in Our sole discretion. 5.3 By posting, uploading, inputting, providing or submitting Your Submissions You warrant and represent that You own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions. 5.4 If You have any claim arising from the actions, Submissions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
5.5 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Vivo Site MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. We AND/OR Our SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Vivo Site AT ANY TIME. ADVICE RECEIVED VIA THE Vivo Site SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
We AND/OR Our SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Vivo Site FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. We AND/OR Our SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Safety. We give Our ongoing commitment to ensuring through Our policy of safety that You can use the Vivo Site with confidence. When using the Vivo Site, You should always take the following precautions: 7.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, the name of Your or your children’s school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity; 7.2 never meet with someone You meet online. 7.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable.
- Indemnity. By using the Vivo Site You agree to indemnify and hold harmless Us, Our subsidiary undertakings, and Our respective officers, directors, employees, agents, shareholders and sub-contractors, from and against any and all costs, expenses (including legal fees, costs and related expenses), payments, charges, losses, demands, liabilities, claims, actions, proceedings, penalties, fines, damages, judgments, orders and/or other sanctions, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Vivo Site.
- Termination We reserve the right immediately to terminate Your use of the Vivo Site if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.
- Feedback Should You wish to make any comments to Us about the Vivo Site or if You have any questions relating to the same please contact Us at the address above or through [email protected]
- Governing Law and Jurisdiction These Terms and Conditions shall be governed, construed, enforced and interpreted in accordance with the Laws of Malta. Any disputes, controversies or claims arising out of or in connection with these Terms and Conditions shall be exclusively subject to the jurisdiction of the Courts of Malta.
- Miscellaneous 12.1 You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms and Conditions or use of the Vivo Site. 12.2 Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Our right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Vivo Site or information provided to or gathered by Us with respect to such use. 12.3 If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 12.4 Unless otherwise specified herein, this agreement constitutes the entire agreement between the Users and Us with respect to the use of the Vivo Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Users and Us with respect to the use of the Vivo Site. 12.5 A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 12.6 All notices or communications under or in connection with these Terms and Conditions shall be in the English language. 12.7 These Terms and Conditions shall be executed in the English language and the English language will be the only official language. Translation of these Terms and Conditions in any other language may be made, however, in case of any discrepancy and/or inconsistency between the English version and the translated version the English version shall prevail.