1. General Information and Definitions
1.1 We are Viva Athletic Ltd. (“Viva Athletic”) is a registered company in England.
1.2 Our registered office address is 71–75 Shelton Street, Covent Garden London, WC2H 9JQ, United Kingdom.
The Following terms and conditions governs how you may use the Website www.vivaathletic.com (“the Website”)
1.3 Our electronic mail address is service@vivaathletic.com;
1.4 “Content” means the text, graphics, images, video and audio files and any other information on the Website;
1.5 “Data Protection Act” means the Data Protection Act 1998 as amended from time to time and including any subordinate or subsequent legislation;
1.6 “Intellectual Property” means any patent, invention, copyright, registered design, unregistered design rights or other intellectual property protection and any application for such protection, and all rights in any secret process, know how or Confidential Information or any similar rights anywhere in the world;
2. Conditions of the use of the Website
2.1 By using the Website you are agreeing to be bound by these Terms and Conditions any by any agreements referred to in these Terms and Conditions;
2.2 You may use the Website only for the purposes of perusing the Website for information and such other use as Viva Athletic in its sole discretion permits;
2.3 You may not use the Website for anything that is illegal and/or criminal which shall include but not limited to, anything which may offend generally accepted principles of morality, offend minority groups, encourage terrorism or other seditious activity, incite violence or hatred or be used in pornographic activity;
2.4 Viva Athletic reserves the right to deny users access to the Website or any part of the Website without notice and to decline to provide access to the Website to any user that is in breach of these Terms and Conditions;
2.5 Use of the Website is subject to the laws of England and Wales and the exclusive jurisdiction of the English Courts.
3. Warranties and Liabilities
3.1 Whilst reasonable attempts will be made to do so;
3.1.1 Viva Athletic shall not be responsible for the accuracy of any Content on the Website;
3.1.2 Viva Athletic does not represent or warrant that the Website not any Content will be free of viruses or similar contamination or destructive features;
3.1.3 Viva Athletic does not warrant that the Website will be free from attack, hacking or other intervention from any third party although it does warrant that it has in place suitable and current defensive mechanisms against such outside influence.
3.1.4 Viva Athletic will not be responsible for any technical problems you may experience with the Website.
3.1.5 Viva Athletic does not take responsibility nor shall Viva Athletic be liable for any use or reliance upon the Website howsoever and for the avoidance of doubt for any event that is outside our control such as an act of war, terrorism, plague, famine, pestilence, flood or other act of God.
3.1.6 Viva Athletic will not be liable for any incidental, consequential or contingent damages involving the use of the Website.
3.2 Viva Athletic does not guarantee that you or any third parties will be able to access the Website at any particular time. You acknowledge that the need for routine maintenance and error correction may result in down time and that Viva Athletic cannot control the timing or volume of attempts to access the Website.
3.3 All warranties implied by statute or common law are expressly excluded for as the law permits. This exclusion, and any other and any other exclusion contained in these Terms and Conditions shall not apply to death or personal injury caused by the negligence of Viva Athletic or its employees nor to any fraudulent misrepresentation by Viva Athletic.
4. Intellectual Property, Licence and Ownership
4.1 All intellectual property rights relating to the Website, Content are and shall remain the property of Viva Athletic or its licensors.
4.2 Title to the Website (both legal and equitable) is and shall at all times remain with Viva Athletic and you shall keep the Website free of all charges, liens and encumbrances and protect it from any and all judicial process.
4.3 Title to the Content (both legal and equitable) is and shall at all times remain with Viva Athletic and you shall keep the Content free of all charges, liens and encumbrances and protect it from any and all judicial process.
4.4 Viva Athletic grants to you a non-exclusive non-transferable licence to use the Website and unless expressly permitted in writing by Viva Athletic, you are not permitted to sub-licence any rights which may from time to time be granted in writing by Viva Athletic to any third party. You agree that you will not itself, or through a third party;
4.4.1 Copy the Website, except as is necessary for use of the Website;
4.4.2 Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Website except as permitted by law;
4.4.3 Sell, lease, license, transfer or sub-license the Website, Content and/or Services;
4.4.4 Write or develop any derivative or other software programs based, in whole or in part upon the Website and/or Content belonging to Viva Athletic.
5. Linking Policy
5.1 You may link to this website if you wish without our permission but you must link to the homepage and not deep link into the site. You may also use any information contained in this Website as long as you have our permission and in addition acknowledge our ownership.
5.2 However if you do link to our website you agree that you will indemnify us in full if any action is taken against us by any third party, or even by you, by virtue of the link you have created. If you do link to this web site, any use is the subject of these Terms and Conditions.
6. Breach of this Terms and Conditions
6.1 Viva Athletic shall not be liable in any event for any loss of profit, revenue or other type of economic loss (whether direct or indirect), loss of business or contracts; loss of expected savings or goodwill; or any losses which a court categories as “consequential” or “indirect” arising out of or in connection with the use of the Website.
6.2 You will be liable to Viva Athletic for any damages suffered as a result of any breach by you of these Terms and Conditions including the economics, revenue (whether direct or indirect) loss of business contracts, loss of expected savings or goodwill or any losses which a Court categorises as “consequential” or “indirect”.
6.3 Given that this is a free information site, Viva Athletic shall not be liable to you in respect of your use or reliance upon the Website and/or Content. This limitation does not apply to death or personal injury by the negligence of Viva Athletic or its employees nor the fraudulent misrepresentation by Viva Athletic.
7. Complaints
Viva Athletic aim to provide you with a quality service. If, however, you feel you have a cause to complain, you can contact customer services at the address given above. Viva Athletic will try to do its best to resolve any problems that arise. If you have any complaints of any nature which relate to this Website please contact service@vivaathletic.com
8. Entire Agreement
These Terms and Conditions supersede any prior agreements or arrangements which have subsisted between you and Viva Athletic, provided the information that you have given to Viva Athletic is not incorrect or fraudulent.
9. Severance
Each provision of these Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
10. Interpretation in the Terms and Conditions
10.1 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time be amended, extended or re-enacted;
10.2 Words importing the singular include the plural, words including any gender include every gender and words including persons including bodies corporate and un-incorporate, in each case vice versa;
10.3 Any reference to a party in this Terms and Conditions includes a reference to his successors in title and permitted assigns;
10.4 The headings to these clauses are for ease of reference only and shall not be effect the interpretation or construction of this Terms and Conditions;
10.5 Not withstanding that the whole or any part of any provision of this Terms and Conditions may prove to be illegal or unenforceable, the other provisions of this Terms and Conditions and the remainder of the provisions in question shall remain in full force and effect.
11. The Law
This Terms and Conditions shall be governed by and construed in accordance with the Laws of England and Wales.
12. Accuracy of information
Viva Athletic takes all reasonable care to ensure that the images, descriptions and information relating to the products on www.vivaathletic.com are correct at the time when the information is entered onto the website. We aim to keep these as up to date as possible but cannot guarantee that the images, descriptions and information are identical to the products sold. Your statutory rights are not affected.
