Terms and Conditions
- Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and you. By accessing the website or becoming a member, you consent to receive communications from us electronically and accept this agreement and agree to the terms, conditions, notices, and disclosures contained or referenced herein.
You agree to inform Vivagems.com your subsequent disability to enter into any contract. Subsequent, disability shall entitle Vivagems.com to restrict/ change/ terminate this agreement at its own discretion.
- Non-Commercial Use
The Vivagems.com Website is for the commercial endeavours include providing links to other web sites, whether deemed competitive to Vivagems.com or otherwise. Illegal and/or unauthorized uses of the Website, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Vivagems.com shall be entitled to recover from you, your successors, heirs, assigns, etc. any profit, revenue, benefit, etc., which you have gained/ received, expected or going to receive with penalty @ 40% of such profit/ revenue/ benefit by 4unauthorized use of this site.
- Disclaimer of Warranties and Limitation of Liabilities
your use of the vivagems.com merchandise is at your sole risk
please note that this contract strictly limits our liability and vivagems.com does not provide warranties for the products.
a.) vivagems.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
c.) limitation on liability: you expressly understand and agree that vivagems.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
- Modifications to products
Vivagems.com reserves the right at any time to modify or discontinue, temporarily or permanently, the merchandise (or any part thereof) with or without notice. You agree that Vivagems.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service
.6. Disputes and Applicable Law
If there is any dispute about or involving the Site and/or the Service, by using the Site, you unconditionally agree that all such disputes and/or differences will be governed by the laws of USA and shall be subject to the exclusive jurisdiction of the Competent Courts in New York USA only.
- Indemnity by You
You agree to indemnify and hold Vivagems.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
This Agreement contains the entire agreement between you and Vivagems.com regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact customer service with any questions regarding this agreement. Vivagems.com .
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.