VIVEVA Website Terms and Conditions

INTRODUCTION

These terms and conditions govern your use of this website.

The terms “we,” “us,” and “our” refers to Your VIVEVA. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, please do not use this website.

This website uses cookies. By using the VIVEVA website and agreeing to these terms and conditions, and consent to VIVEVA’s use of cookies in accordance with the terms of the privacy policy and cookies policy.

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LICENSE TO USE WEBSITE

Unless otherwise stated, VIVEVA owns the intellectual property rights to the website and all material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

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You may not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

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Acceptable Use

You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You may also not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the express written consent of VIVEVA’s authorised representative.

You may not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without express written consent.

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USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

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You grant to VIVEVA a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to VIVEVA the right to sub-license these rights, and the right to bring an action for infringement of these rights.

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Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or VIVEVA or a third party (in each case under any applicable law).

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You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

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VIVEVA reserves the right to edit or remove any material submitted to this website, or stored on VIVEVA servers, or hosted or published upon this website.

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Notwithstanding VIVEVA’s rights under these terms and conditions in relation to user content, VIVEVA does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

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NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. VIVEVA makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, VIVEVA does not warrant that:

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• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate or non-misleading.

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Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter, you should consult an appropriate professional.

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LIMITATIONS OF LIABILITY

VIVEVA will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

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• to the extent that the website is provided free-of-charge, for any direct loss;

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

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These limitations of liability apply even if VIVEVA has been expressly advised of the potential loss.

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Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

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REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, please do not use this website.

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OTHER PARTIES

You accept that, as a limited liability entity, VIVEVA has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against VIVEVA’s officers or employees in respect of any losses you suffer in connection with the website.

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Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect VIVEVA’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

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UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

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INDEMNITY

You hereby indemnify VIVEVA and undertake to keep VIVEVA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by VIVEVA to a third party in settlement of a claim or dispute on the advice of VIVEVA’s legal advisers) incurred or suffered by VIVEVA arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

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BREACH OF THESE TERMS AND CONDITIONS

Without prejudice to Ruth VIVEVA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, VIVEVA may take such action as Ruth VIVEVA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

VARIATION

VIVEVA may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

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ASSIGNMENT

VIVEVA may transfer, sub-contract or otherwise deal with VIVEVA’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

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You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

COPYRIGHT

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by VIVEVA and its licensors.

 

Copyright license

VIVEVA grants to you a worldwide non-exclusive royalty-free revocable license to:

• view this website and the material on this website on a computer or mobile device via a web browser;

• copy and store this website and the material on this website in your web browser cache memory; and

• print pages from this website for your own personal and non-commercial use.

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VIVEVA does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

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For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without VIVEVA’s prior written permission.

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Data mining

The automated and/or systematic collection of data from this website is prohibited.

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Permissions

You may request permission to use the copyright materials on this website by writing to michelle@viveva.com

 

Enforcement of copyright

VIVEVA takes the protection of its copyright very seriously.

If VIVEVA discovers that you have used its copyright materials in contravention of the license above VIVEVA may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of VIVEVA’s copyright materials that contravenes or may contravene the license above, please contact michelle@viveva.com

 

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this to michelle@viveva.com

 

ACCESSIBILITY STATEMENT

VIVEVA are committed to providing you a website that is accessible to the widest possible audiences, including those with sight, audio and motor impairment restrictions. Specifically:

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We aim to use a web font, so all text is easy to read.

• We have appropriate ALT tags for images to convey information for people with images switched off, or who use a screen reader.

• We ensure that navigation through our websites works in a consistent way.

• We do not rely on just colour as the only way of giving information.

• We avoid the use of images of text wherever possible and provide equivalent text links.

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The content has been written and formatted to make it as accessible as possible. For example:

• Headings highlight sections of text.

• Sentences are short with the meaning at the beginning.

• We try to ensure that link text makes sense out of context and that it accurately describes the page to which it points.

 

FURTHER HELP

The following links are to further browser and operating system specific information and advice about accessibility.

Advice from the BBC showing users how to make full use of accessibility settings in browsers and operating systems.
Advice for Microsoft users
Advice for Apple users
Advice for Linux users

 

PDF FILES

Some of the information on our website may be in Portable Document Format (PDF). You will need Adobe Acrobat Reader to read PDF files. Adobe Acrobat Reader can be downloaded free of charge from the Adobe website. Later versions of this software provide a number of features that improve access for users.

If you are experiencing difficulties accessing the site or have any comments, please contact michelle@viveva.com

 

ENTIRE AGREEMENT

These terms and conditions, together with VIVEVA’s Privacy and Cookies Policies, constitute the entire agreement between you and VIVEVA in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

LAW AND JURISTICTION

These terms and conditions will be governed by and construed in accordance with South African Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of the Republic of South Africa.

 

CONTACT

You can contact VIVEVA at connect@viveva.com