terms of Use – Vive Teen Website
Revision Date: 16 May 2022
By using this website located at www.viveyou.com (the “Website”), you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website and should immediately terminate such usage.
In the Republic of South Africa, Vive Teens operates as Vive Teen Wellness (Pty) Ltd, a limited liability private company registered in the Republic of South Africa. Vive Teens is providing this Website and is referred to in these Terms of Use as “we”, “us”, or “our”. Although parts of these Terms of Use may reference other entities in the Vive Teen Wellness group of companies, these Terms of Use are strictly between you and us and not with any of those other entities.
- USE OF CONTENT; RESTRICTIONS; PRIVACY STATEMENT
1.1. Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Use, you are authorised to view, copy, print, and distribute (but not modify) the content on this Website; provided that (i) such use is for informational, non-commercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution associated with the content.
1.2. You are not authorised to copy or use any software, proprietary processes, or technology embodied or described in this Website.
1.3. You will comply with all applicable laws in accessing and using this Website.
1.4. You acknowledge that we may use your personal information and data according to our Privacy Policy (as may be amended from time-to-time, a copy of which can be found at www.viveyou.com or be requested from Vive Teens. By using or accessing the Website, you hereby agree to the terms of our Privacy Policy, including any obligations imposed on you therein.
- INTELLECTUAL PROPERTY RIGHTS; NO USE OF NAMES OR LOGOS
2.1. Unless otherwise indicated, the content on this Website is provided by us. This Website and its contents are protected by copyright, trademark, and other laws of the Republic of South Africa and/or foreign countries. We and our licensors reserve all rights not expressly granted in these Terms of Use.
2.2. “Vive Teens”, “Vive Teens Wellness”, the Vive Teens logo(s), and variants of the foregoing, and certain product names that appear on this Website, including the website address and the name “viveyou”, are either in the process of being registered as trademarks, are trademarks or are registered trademarks of Vive Teens or entities within Vive Teen Wellness group of companies (the “trademarks”). Except as expressly provided in these Terms of Use, you shall not use the name “Vive Teens”, “Vive Teens Wellness”, the Vive Teens logo(s), or variants of the foregoing intellectual property or trademarks, either alone or in combination with other words or design elements. You may not use any of the trademarks in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual or any other form, except if expressly permitted in writing by Vive Teens or its designee. To request this written permission, use the contact us feature on this Website.
2.3. References to other parties’ intellectual property or proprietary information on this Website are for identification purposes only and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use intellectual property or proprietary information of other parties.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
3.1. THIS WEBSITE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF) CONTAINS GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS WEBSITE, RENDERING PROFESSIONAL ADVICE OR SERVICES. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION FROM OR BASED ON ANY INFORMATION CONTAINED ON THIS WEBSITE THAT MIGHT AFFECT YOU, YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL ADVISOR.
3.2. THIS WEBSITE IS PROVIDED “AS IS” OR “VOETSTOOTS”, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.
3.3. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, DELICT / TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.
3.4. CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER ENTITIES WITHIN THE CORTEX GROUP OF COMPANIES OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.
3.5. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH OTHER ENTITY WITHIN THE CORTEX GROUP OF COMPANIES AND TO OUR AND THEIR RESPECTIVE PERSONNEL AND CONTRACTORS.
3.6. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, DELICT/TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.
- APPLICABLE LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with this Website. - ADDITIONAL TERMS
5.1. If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.
5.2. We may revise these Terms of Use at any time in our sole discretion by posting such revised Terms of Use at the Terms of Use link (i.e. on this webpage that you are currently viewing) or elsewhere in this Website. Such revisions shall be effective as to you upon posting, unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Use by checking this webpage. Your continued use of this Website following changes to these Terms of Use constitutes your agreement to the revised Terms of Use.