Terms and Conditions
Overview
This website is operated by Vivivala.com. Throughout the site, the terms "we," "us," and "our" refer to Vivivala.com. Vivivala.com provides this website, including all information, tools, and services available on it, to you, the user, subject to your acceptance of all terms, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including any additional terms and policies referenced herein or available via hyperlink. These Terms of Service apply to all users of the website, including but not limited to browsers, vendors, customers, merchants, and contributors of content.
Legal Disclaimer
Consult your doctor before starting any new diet, exercise program, or supplement regimen, particularly if you have pre-existing medical conditions or are taking prescription medications. The statements on this website are for educational purposes only and are not intended to replace advice from your doctor or healthcare provider.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these terms.
Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Terms for Online Store Use
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and have given us consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature.
A violation of any of these Terms will result in an immediate termination of your services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason.
You understand that your content (excluding credit card information) may be transmitted unencrypted and may involve:
(a) transmissions over various networks, and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible for the accuracy, completeness, or currency of any information shared or made available on this website. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or up-to-date sources of information. Any reliance on the material on this website is at your own risk.
This site, or our advertisements, may include historical information. Historical information is not necessarily current and is provided solely for reference purposes.
We reserve the right to modify the content of this website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.
Section 4 – Changes to Services and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time, without prior notice. We shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.
Affiliate partner commissions are paid out after 60 net days to protect against fraudulent orders and unauthorized commissions. Any refunded orders will have their associated commissions automatically deducted from the affiliate partner’s commission balance, either now or in the future.
Section 5 – Products or Services
Some products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We strive to display the colors and images of our products as accurately as possible in the store. However, we cannot guarantee that the display of any color on your device screen will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any individual, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer.
All descriptions of products or pricing may be modified at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. At our discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at the time of purchase.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all transactions made at our store. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please refer to our Return Policy.
Section 7 – Optional Tools
We may provide you with access to third-party tools that we neither monitor nor have any control over or input into. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).
In the future, we may also offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
Section 8 – Third-Party Links
Certain content, products, and services available through our Service may include materials from third parties. Links to third-party websites on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites and do not warrant or assume any liability for any third-party materials, websites, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or other transactions conducted in connection with third-party websites. Please review the policies and practices of third parties carefully to ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 – User Comments, Feedback, and Submissions
If, at our request, you submit certain specific contributions (e.g., contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively referred to as "comments"), you agree that we may, at any time, without restriction:
- Edit, copy, publish, distribute, translate, or otherwise use in any medium any comments you forward to us.
We are and shall be under no obligation to:
- Maintain any comments in confidence.
- Pay compensation for any comments.
- Respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous, unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for more details.
Section 11 – Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our website or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
Section 12 – Prohibited Uses
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service, related websites, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results obtained from the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods or cancel the Service entirely, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Vivivala.com or KARWITOSOE LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service or any product. This includes, but is not limited to, errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.
Section 14 – Indemnification
You agree to indemnify, defend, and hold harmless Vivivala.com, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of these Terms of Service, or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Section 15 – Severability
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.
Section 16 – Termination
The obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our website.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).
Section 17 – Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this website or related to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 – Governing Law
These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and interpreted in accordance with the laws of the United States.
Section 19 – Changes to Terms of Service
These Terms of Service and any separate agreements under which we provide you services are accepted by you upon purchasing our products or using our services. You may review the latest version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website and other controlled media. It is your responsibility to regularly check our website for any changes. Your continued use of or access to our website or Service after any modifications to these Terms of Service have been posted constitutes your acceptance of those changes.
Section 20 – Contact Information
Questions about the Terms of Service can be sent to info@vivivala.com.
This website is owned by:
https://vivivala.com/
Address: 2 Leman Street, London E1 8FA, United Kingdom
Halo Brands Limited
Address: Tung Choi Street 146, Mongkok, Kowloon