. VIVERA ECOSYSTEMS INTERNATIONAL
TERMS OF SERVICE
PLEASE READ CAREFULLY
SECTION 1 - GENERAL
INFORMATION
The
Terms of Service (“Terms of Service” or “Terms”) set forth below create a legal
agreement (“Agreement”) between you (“you” or “your”) and (“we,” “our,” or
“us”) and govern your use of our services, including but not limited to our
Website, products and services (collectively and individually, the “Services”).
PLEASE READ ALL OF OUR TERMS OF SERVICE CAREFULLY. By using our products and Services, you are agreeing to these Terms of
Service, together with all policies referenced below, any and all Terms that
may limit our liability and require individual arbitration for any potential
legal dispute, any additional terms specific to Services you use (including,
without limitation, such specific terms as are described below), and any and
all conditions and policies of third parties and hyperlinks which may be
referenced on our Website. If you are using the Services on behalf of a
business, that business accepts our Terms of Service and becomes a party to
this Agreement.
These
Terms of Service apply to all users of our Website (“Website”), including,
without limitation, browsers, vendors, Purchasers, customers, merchants, and/or
contributors.
By
agreeing to these Terms of Service, you are additionally agreeing to our
Privacy Policy set forth below, which governs how we collect, use, and protect
personal information provided to us.
These
Terms of Service are a contractual offer, acceptance of which is expressly
limited to your agreement to each and every Term of Service. If you do not
agree to any Term of Service, then you agree not to access our Website or to
use our Services. Our online platform is hosted on www.myvivera.com (“VIVERA”)
provides us with an online platform allowing us to sell products and services
to you. If you do not agree with this aspect of our Terms of Service, do not
purchase or use any of our Products and Services and may as well exit this
Website.
We
reserve the right to update, change or replace any part of our Terms of Service
by posting updates and/or changes to our Website. It is your responsibility to
check this page periodically for updates and changes. Your continued use of or
access to the Website following the posting of any updates or changes
constitutes your acceptance of any future updates and changes. All features,
tools, Content (as defined below), or Services which may be added to our online
platform are subject to our Terms of Service.
Our
Services include functionality for downloading/uploading, providing photos,
images, logos, graphics, user interface, scripts, links, trademarks, videos,
audio clips, products, loyalty programs, promotions, advertisements, other
materials, data, and information (collectively and individually, “Content”).
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Content, our Services, use of the Services, or access to the Services,
without our express written permission.
We
reserve the right to refuse Services to you for any reason at any time.
SECTION 2 – REPRESENTATIONS
By
agreeing to our Terms of Service, you represent that either 1) you are 18 years
or older or the majority age in your country, or 2) you are 18 years or older
or the age of majority in your country and you have consented to your minor
dependent’s use of this site.
Any
breach or violation of the Terms will result in termination of your Services.
SECTION 3 - PROHIBITED USES
In
addition to other prohibitions as set forth in our Terms of Service, you are
prohibited from using our 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/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,
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 will affect the
functionality or operation of the Services or of any related Website, 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 Services or any related Website, other websites, or
the Internet (collectively and individually, “Prohibited Use(s)”).
You
agree to adhere to all rules regarding usage and Prohibited Uses set forth in
this Agreement. Any failure to adhere to the above rules regarding Prohibited
Uses is a material breach of this Agreement. We reserve the right to terminate
your use of our Services or any related website for engaging in any Prohibited
Use.
SECTION 4 - ACCURACY,
COMPLETENESS, AND TIMELINESS OF INFORMATION
Any
reliance on the Content on our Website is at your own risk. We are not
responsible if the Content on our Website is not accurate, complete or current.
The Content on our Website is provided for general informational purposes only
and should not be relied upon or used as the sole basis for any decisions you
make. You should consult other primary, more accurate, more complete or more
timely sources of information for any decisions you make.
Our
Website may contain historical information. Historical information is not
current and is provided for your reference only. We reserve the right to modify
the Content of our Website at any time, and you agree that it is your
responsibility to monitor any changes to Content on our Website.
SECTION 5 - MODIFICATIONS
TO THE SERVICES AND PRICES
All
descriptions of Services or pricing are subject to change at any time without
notice in our sole discretion. We reserve the right to modify, suspend, or
discontinue any Services (or any part or Content thereof) at any time without
notice to you and without liability to you or to any third party. Any offer for
any Services made on our Website is void where prohibited. We are not liable
for any modifications, price changes, suspensions or discontinuances of the
Services, whether by us or by any third party.
SECTION 6 - PRODUCTS OR
SERVICES
Certain
Services or products may be available exclusively online through our Website.
These Services or products may have limited quantities and are subject to
return or exchange only according to our Return Policy.
We have
attempted to accurately display the colors and images of our products that
appear on our online platform and our Website. Colors or images will display on
computer monitors differently due to monitor settings, pixel definitions and
device limitations. We cannot guarantee that the color of the product that you
see on your computer monitor will be the exact color of the actual product or
the product you receive.
We
reserve the right, but are not obligated, to limit, cancel or refuse the sales
of Services to any person, business, geographic region or jurisdiction. We may
exercise this right on a case-by- case basis. We reserve the right to limit the
quantities of any product or Services that we offer. These restrictions may
include orders placed by or under the same customer account, the same credit
card, and/or orders that use the same billing and/or shipping/delivery address.
In the event that we make a change or cancel an order, we may attempt to notify
you by contacting the e-mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
We do
not warrant that the quality of any Services, Content, product, information,
material purchased or obtained by you will meet your expectations, or that any
errors in the Services will be corrected.
SECTION 7 - ACCURACY OF
BILLING AND ACCOUNT INFORMATION
You
agree to provide current, complete and accurate purchase and account
information for all purchases made on our website. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
SECTION 8 -
THIRD-PARTY TOOLS, LINKS AND SERVICES
Certain
content, tools, products and services available via our Services may include materials
from third parties.
Third-party
tools and/or links on this Website may direct you to third-party websites,
tools, products and/or third party services (collectively and individually,
“External Service(s)”) that are not affiliated with us. You agree to use the
External Services at your sole risk. We are not responsible for examining or
evaluating the content or accuracy of any third-party External Services, and
shall not be liable for any such third-party External Services. All External
Services are provided “as is” and “as available” without any warranties,
representations, endorsements or conditions of any kind. Data displayed by any
External Service, including but not limited to financial, medical and location
information, is for general informational purposes only and is not guaranteed
by us or our agents. You agree not to use the External Services in any manner
that is inconsistent with our Terms of Service or that infringes our
intellectual property rights or those of any third party. You agree not to use
the External Services in any illegal manner or to harass, abuse, threaten or
defame any person or entity, and agree that we are not responsible for any such
use. External Services may not be available in all languages or in your home
country, and may not be appropriate or available for use in any particular
location. To the extent you choose to use such External Services, you are
solely responsible for compliance with any applicable laws. We reserve the
right to change, suspend, remove, disable or impose access restrictions or
limits on any External Services at any time without notice or liability to you.
We may
in the future offer new services and/or features through our Website
(including, the release of new tools and resources) which may also be provided
by External Services. Such new services and/or features shall be subject to
these Terms.
Please
review carefully any External Service policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding External Services should be directed to the
appropriate third party.
SECTION 9 – LIMITATION OF
LIABILITY
By
purchasing one of our products or using our Services you agree not to sue, or
to pursue any legal action for any reason, against VIVERA personally, any blood
relative of, any entity owned or controlled by VIVERA and it’s subsidiaries,
parent, affiliates, agents, employees, predecessors, or any authorized users or
beneficiaries of the Services.
To the
extent not prohibited by law, in no event shall we be liable for personal
injury or any incidental, special, indirect, or consequential damages
whatsoever, including, without limitation, damages for loss of profits, loss of
data, business interruption, or any other commercial damages or losses arising
out of or related to your use of or inability to use our services, however
caused, regardless of the theory of liability (contract, tort, or otherwise)
and regardless if we have been advised of the possibility of such damages,
except to the extent that applicable law in your jurisdiction restricts the
limitation of liability for personal injury, or for incidental or consequential
damages, in which case our total liability to you for all damages (other than
as may be required by applicable law in cases involving personal injury) shall
in no event exceed the lesser amount of five thousand naira (#5,000.00) or the
purchase price paid by you for the product or services. The foregoing
limitations will apply even if the above-stated remedy fails its essential
purpose.
Please
refer to the safety guidelines for safety tips
Section 10 - USER COMMENTS,
FEEDBACK AND OTHER SUBMISSIONS
If you
send us, solicited or unsolicited, certain specific submissions (for example,
contest entries, creative ideas, suggestions, proposals, plans, or other
materials), whether online, by email, by postal mail, or otherwise
(collectively, ‘comments’), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use such
comments in any medium. We have no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments or any use thereof; or (3)
to respond to any comments.
We may,
but have no obligation to, monitor, edit or remove any comment that we
determine in our sole discretion to be unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or our terms of service.
You
agree that your Comments will not violate any right of any third party,
including but not limited to copyright, trademark, privacy, personality,
personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation
of the Services or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or third
parties as to 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 by any third party.
SECTION 11 - PERSONAL
INFORMATION
Your
submission of personal information to us or our online platform is governed by
our Privacy Policy. By
filling your personal information on our platform, you have given us the right
to use or modify them for our own use. Please see our
Privacy Policy.
SECTION 12 – CONSENT TO USE
OF DATA
You
agree that we may collect and use data and related information to facilitate
and/or improve the Services we provide you.
We shall
use reasonable efforts to protect information submitted by you in connection
with the services, but you agree that your submission of such information is at
your sole risk, and you hereby release us from any and all liability to you for
any loss or liability relating to such information in any way.
We do
not represent or guarantee that the services will be free from loss,
corruption, attack, viruses, interference, hacking, or other security
intrusion, and you hereby release us from any liability relating thereto.
SECTION 13 - ERRORS,
INACCURACIES AND OMISSIONS
Occasionally,
information on our Website or information regarding the Services may contain
typographical errors, inaccuracies or omissions relating to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right, at any time and without prior
notice (including subsequent to your submission of an order), to correct any
errors, inaccuracies or omissions, and to change or update information or to
cancel orders if any information regarding the Services or on any related
website is inaccurate.
We have
no obligation to update, amend or clarify information regarding the Services or
on our Website or any related website, including, without limitation,
information as to pricing, except as required by law. No specified update or
refresh date applied in the Services or on any related website, should be taken
to indicate that all information in the Services or on our Website or any
related website has been modified or updated.
SECTION 14 – APPLICABLE LAW
AND DISPUTES; AGREEMENT TO ARBITRATE
Except
for those claims that you may assert at lower courts, you and we agree that any
and all disputes or claims arising from or relating to this agreement, to any
products or services sold or distributed by us, or to our terms, services or
privacy policy will be resolved by binding, non appealable arbitration in
Lagos, Nigeria, rather than in a court of law. The conciliation and arbitration
law apply to this agreement, and you hereby waive any right to have your case
decide in a law court.
There is
no judge in arbitration, and court review of an arbitration award is limited.
However, an arbitrator can award on an individual basis the same damages and
relief as a court (including injunctive and declaratory relief or statutory
damages), and must follow the Terms of Service and other terms contained
herein, as a court would.
Arbitration
under these general terms is permissible only be on an individual basis; class
arbitrations, class actions, private attorney general actions, representative
actions and consolidation with other arbitrations are not permitted. You hereby
waive any right to participate in a class action against us.
For
purposes of this arbitration provision, references to “you” and “we” also
include our respective subsidiaries, affiliates, agents, employees,
predecessors, successors and assigns as well as authorized users or
beneficiaries of the services. You agree that any small claims action will be
brought in, and you hereby consent to exclusive jurisdiction and venue in Lagos
state, Nigeria.
To begin
an arbitration proceeding, you must send a letter requesting arbitration and
describing your claim to our office:.79b Abba Johnson Crescent, Adeniyi Jones,
Ikeja
This
agreement, these terms of service and any separate agreements under which we
may provide you services shall be governed by the laws of Nigeria.
SECTION 15 - NO WARRANTY
We do
not guarantee, represent, or warrant that the website or services will be
uninterrupted or error-free, and you agree that from time to time we may cancel
or remove the services for indefinite periods of time, or otherwise limit or
disable your access to the services without notice to you.
You
expressly agree that your use of, or inability to use, the services is at your
sole risk. The services and all content delivered to you through the services
are (except as expressly stated by us) provided "as is" and "as
available" for your use, without warranties of any kind, either express or
implied, including all implied warranties of merchantability, fitness for a
particular purpose, title, and non- infringement.
SECTION 16- EDUCATIONAL
CONTENT
Our
Video Contents and Other Materials on Our Website are for Educational Purposes
Only and not to be Taking as a Specific Advice to solving any Unique individual
Problems.
Vivera
Ecosystem LTD will not be held Liable for Any type of Loss Incurred After been
exposed to Our Educational Contents. Members Will Therefore Take Full
Responsibility For Interpretation and Application Afterwards.
Vivera
Ecosystem LTD is not under any obligation to offer any other consulting and
Mentoring services to subscribers. The videos under your subscription are the
only mandatory offering you get from the company. Any other service is strictly
at the consideration of the company and is not an obligation.* There is no guarantee
that the teachings will work for you if you do not follow and practice the
instructions as laid down. These teachings have worked for thousands of people,
however it's not a guarantee that it will work for you. Results are dependent
on personal effort
SECTION 17- COMPANY
INVESTMENT DECISIONS
Enrollment
for a wealth package automatically makes you a member of Vivera Ecosystem LTD.
Earnings
are not guaranteed and are based on the efforts of the individuals.
SECTION 18 - WAIVER AND
INDEMNIFICATION
By using
the services, you agree, to the extent permitted by law, to indemnify and hold
us, our directors, officers, employees, interns, affiliates, parent,
subsidiaries, agents, contractors, service providers, suppliers, and licensors
harmless with respect to any claims arising out of your breach of this
agreement, your use of the services, any third party claim, rights of third
parties, or any action taken by us as part of an investigation of a suspected
violation of this agreement or as a result of a finding or decision that a
violation of this agreement has occurred. You agree that you shall not sue or
recover any damages or, solicitors’ fees, from us, our directors, officers,
employees, affiliates, agents, contractors, and licensors as a result of a
decision to remove or refuse to process any information or content, to warn
you, to suspend or terminate your services, or to take any other action during
the investigation of a suspected violation or as a result of our conclusion
that a violation of this agreement has occurred. This waiver and indemnity provision
applies to all violations described in or contemplated by this agreement.
SECTION 19 - SEVERABILITY
In the
event that any provision of these Terms is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms. Such determination shall not affect the
validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
Your and
our respective obligations and liabilities shall survive the termination or
expiration of this agreement for all purposes.
In our
sole judgment if you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms, we may immediately 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; and/or we may deny you access
to our Services (or any part thereof).
SECTION 19 - ENTIRE
AGREEMENT
Our
failure to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision.
These
Terms and Agreement, and any policies or operating rules posted by us on the
Website or in respect to the Services, constitute the entire agreement and
understanding between you and us, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any previous versions of the Terms).
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can
review the most current version of the Terms of Service at any time at this
page.
We
reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service, and your continued use of or access to our
Website or the Services following the posting of any changes to these Terms
constitutes acceptance of those changes.
SECTION 22 – COPYRIGHT
You
agree that the Services, including but not limited to Content and software used
to implement the Services, contain proprietary information and Content that is
owned by us and/or our licensors, or owned by third-parties that have licensed
their rights to us, and is protected by applicable intellectual property and
other laws, including but not limited to copyright. We do not warrant or
represent that your use of Content displayed on our Website will not infringe
on the rights of third parties not owned by or affiliated with us. The use of
these materials by you, or anyone else authorized by you, is prohibited unless
specifically permitted by this Agreement.
Any
unauthorized use of the Content may violate copyright laws, trademark laws
and/or other regulations and statutes.
You
agree that you will not use such proprietary information or materials in any
way whatsoever except for use of the Services for personal, non-commercial uses and
otherwise in compliance with this Agreement. No portion of the Services or
Content may be reproduced in any form or by any means, nor may you copy,
download, reproduce, modify, publish, distribute, transmit, transfer or create
derivative works from the Content without our prior express written permission.
Nothing contained on the Website should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any of the
Content, except where expressly permitted by this Agreement or upon our express
prior written permission.
You
agree not to modify, rent, loan, sell, or distribute the Services or Content in
any manner, and you shall not exploit the Services in any manner not expressly
authorized.
You may
download, print and store selected portions of the Content of our Website
provided that you (1) only use these copies for your own personal,
non-commercial use, (2) do not copy or post the Content on any network computer
or broadcast the content in the media, and (3) do not modify or alter the
Content in any way. No right, title or interest in any downloaded materials is
transferred to you as a result of any such downloading. We reserve complete
title and full intellectual property rights in any content you download from
this Website. Our delivery of Content does not transfer any promotional use
rights to you, and does not constitute a grant or waiver of any rights of the
copyright owners.
SECTION 23 - CONTACT
INFORMATION
Questions
about the Terms of Service or this Agreement should be sent to us at
viveraecosystem@gmail.com.
SECTION 24 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.