1. WEBSITE CONTENT
1.1 General information only: All information contained on this Website is intended for general consumer understanding of our products, services and the operation of our Vivo salons. Vivo does not provide any health or medical services and nothing contained on the Website constitutes medical advice, including advice about or any issues relating to your health, beauty, nail and skin care. You should seek the advice of a health care professional if you have any questions or concerns about your health, beauty, nail, skin or any medical condition.
1.2 Disclaimer: While we endeavour to ensure that information on our Website is correct and complete, including information about our products and services, sometimes errors do occur. You are solely responsible for any actions or omissions you take in reliance on the content on, or accessed through, this Website (including any linked sites). To the extent permitted by law, we have no liability for any loss or damage you may suffer or incur directly or indirectly in connection with any action or omission you take in reliance on the content on, or accessed through, this Website (including any third party linked sites).
1.3 Content subject to change: We may make changes to any information, content or graphic on this Website at any time for any reason and without notice to you.
1.4 Compliance with NZ law only: Information contained on this Website relating to our products and services, and the sale of products through this Website have been prepared in accordance with New Zealand law only. We make no representations or give any warranties as to whether or not the information on this Website is appropriate or available for use in another country. If you access this Website from outside New Zealand, then you are solely responsible for compliance with applicable local law.
2. CUSTOMER ACCOUNT
2.1 Your account: When you register as a customer with Vivo you are responsible for safeguarding your own password, and you must not improperly disclose or allow the disclosure of your password to unauthorised persons. If you suspect that your password has been compromised, please notify Vivo immediately.
3. INTELLECTUAL PROPERTY
3.1 Vivo’s IP: This Website and all intellectual property rights displayed, incorporated into or otherwise related to this Website (whether registered or unregistered), including graphics, logos, trademarks, design, text, icons, the arrangement of them and all software relating to this Website (IP), are owned by or the rights are licensed to Vivo.
3.2 Your responsibility: You acknowledge and agree that:
A) you will not do anything to or which might hinder, impede, invalidate or challenge our ownership of or entitlement to use or the registration of any part of our IP or which might diminish the value of our IP in the Website;
B) any use of the Website, including its content and other related services, other than as expressly permitted by these Terms or by law, is strictly prohibited; and
C) you may not in any way reproduce, modify, distribute, store, transmit, publish or display within another website or mobile application or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website.
4. THIRD PARTY SITES
4.1 Linked sites: This Website contains hyperlinks to other third party sites. These third party sites have not been established, and are not controlled, by us. The third party links are provided for convenience only and the links may not remain current nor maintained. We do not endorse, approve or recommend these third parties or their sites, or any information, products or services referred to on those third party sites, unless expressly stated. You link to these third party sites at your own risk and you should make your own enquiries as to the privacy policies of these third parties. We are not responsible for any information or content on, or the privacy practices of, any third parties and their sites.
5. DATA SECURITY AND VIRSUS
5.1 Data transmission: While we take precautions to protect information transmitted on our Website, we do not warrant and do not guarantee the security of any information you transmit to us. Any transmission of data to this Website is at your own risk. Once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of data transmission or the Website, please contact us immediately.
5.2 Virus: We do not guarantee that this Website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Website will be uninterrupted, error free or that any defects will be corrected. You are solely responsible for ensuring that the process which you use for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We are not responsible for any interference or damage to your computer system which arises in connection with your use of this Website or any linked third party site.
6.1 Limitation of liability: To the extent permitted by law, Vivo and each of our Related Companies (as defined under the Companies Act 1993) and affiliates exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) in connection with your access, use of or inability to use the Website, or any errors or omissions in the content of the Website including, but not limited to, loss or damage you might suffer as a result of:
A) errors, mistakes or inaccuracies on the Website;
B)you acting, or failing to act, on any information contained on or referred to on the Website or any linked third party site;
C) personal injury or property damage of any kind resulting from your access or use of the Website;
D) any unauthorised access to or use of the Website’s secure servers;
E) any interruption or cessation of transmission to or from the Website;
F) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party; or
G) the quality or fitness for any purpose of any linked third party site.
6.2 No consequential loss: To the fullest extent permitted by the law, we and our Related Companies and affiliates will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the Website or any linked third party site.
6.3 'As is' and ‘as available’ basis: This Website is provided to you on an 'as is' and ‘as available’ basis and may from time to time contain errors, faults and inaccuracies. To the extent permitted by law, Vivo makes no representation and provide no express or implied warranty or guarantee in relation to the Website, the security of the Website, the safety of any file or software associated with it (such as safety from any virus or defects including those which could damage or interfere with any data, software or hardware with which it might be used) or that access to the Website will be uninterrupted or continuous.
6.4 Indemnity: You agree to indemnify us for all loss or damages suffered or incurred by us as a result of your breach of these Terms.
7. ELECTRONIC COMMUNICATIONS
9.1 Amendments: Vivo may vary or amend these Terms from time to time by updating the terms on its Website. The updated Terms will take effect immediately after they have been posted on the Website.
9.2 Waiver: The exercise or waiver, in whole or in part, of any right, remedy or duty provided for in these Terms will not constitute the waiver of any prior, concurrent or subsequent right, remedy or duty within these Terms. No waiver by any party of any provision of these Terms is valid unless it is in writing and signed by an authorised representative of the party against which the waiver is sought to be enforced.
9.3 Severability: The provisions of these Terms are severable and if any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining terms or provisions of these Terms will not in any way be affected or impaired and will remain in full force and effect. If any provision of these Terms is determined to be unenforceable, then that provision will be severed from these Terms and immediately replaced with a valid, enforceable provision as similar as possible to the severed provision.
9.4 Transfer: If Vivo merge, sell or otherwise change control of its business or this Website to a third-party, Vivo reserves the right, without giving notice or seeking consent, to transfer or assign the Personal Information, content and rights that we have collected from you to a third party.
9.5 Governing Law: These Terms will be governed by and interpreted in accordance with the laws of New Zealand. The Purchaser agrees to submit to the exclusive jurisdiction of courts of New Zealand.