Terms & Conditions
Effective Date: 29/10/2023
1. Acceptance of Terms
By accessing or using www.vivifytribe.com, you agree to comply with and be bound by these Terms and Conditions.
- “Consumer” – an individual acting for purposes that are wholly or mainly outside that person’s trade, business, craft, or profession.
- Content” – all information of whatever kind displayed, stored, or sent on or via our Service.
- “Service” – the service we offer by means of our website and any related services.
- “User” – people or organizations using our Service (whether or not registered with us).
3. Use of the Site
(a) You must be at least 18 years old to use this Site.
(b) You agree to provide accurate and complete information when using the Site.
(c) Your use of the Site is at your own risk. We are not responsible for any damage or loss resulting from your use of the Site.
4. Membership and Subscription
(a) When you place an order, you are making an offer to enter a legal contract with us to use our Service.
(b) You place your order by using the ordering process on our site. This involves sending your order to us by clicking on the “Pay Now” or equivalent button.
(c) We accept your offer, and there is a binding legal contract when we send you a confirmation email.
(d) We reserve the right in our discretion for any lawful reason to refuse any request to use our Service.
(e) By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
4.1 Consumer legal right to cancel (“cooling off”)
(a) If you are a Consumer, you may have the legal right to cancel this contract within 48 hours of the start of the contract, or prior to your order being shipped, whichever one comes first.
(b) However, you forfeit the right to cancel/refund contracts for the supply of subscription services, including the delivery of care packages, once such services have been fully performed, i.e., completed and the care package has been dispatched or delivered, and opened by the consumer.
(c) Users are responsible for managing their subscriptions and canceling free trials if desired. Instructions/processes for cancellation are provided on the account subscriptions page and Help Center.
(d) If you cancel the contract, we will refund to you all payments received from you. The refund will be made without undue delay, and no later than 14 days after the day we receive your notice to cancel the contract.
(e) We will make the refund using the same means of payment you used for the initial transaction unless you expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
(f) If you ask us to start performing the services during the cancellation period, you must pay us an appropriate proportion of the payment to cover services performed until the point when you tell us you want to cancel the contract.
4.2 Payment for Our Services
(a) Payment is in advance, either one-off or on subscription. Prices, subscription periods, and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax unless we say otherwise.
(b) If you take out a subscription, you are legally committed to start paying us once we confirm your order unless you end the subscription before any applicable trial period.
(c) Your subscription will continue to be auto-renewed for the subscription period you signed up to unless you end your subscription with effect from the next renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply).
(d) You authorize us and our payment provider to place a hold on, or charge, your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.
(e) We may at any time change our subscription prices. We will give you notice by email at least one month before any price change takes effect. If you do not agree with the new price, you should end your subscription. Otherwise, the next renewal of your subscription after our notice will be at the new price.
(f) You must contact us immediately with full details if you dispute any payment.
(g) If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
(h) You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
4.3 Customer Support
(a) The Service includes support only if we opt to provide support and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from our Service.
(b) Unless we say otherwise, any support that we do opt to provide is only available by email between 9 a.m. and 5 p.m. on business days in England and we do not guarantee any particular response times or outcomes. Any response times given are English business hours/days unless we say otherwise. We are allowed to change or withdraw our support service at any time.
(c) In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.
4.4. Service Interruptions
(a) We do not guarantee that the Service will be uninterrupted or error-free.
(b) We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement, or other technical reasons.
(c) You acknowledge that technology is not always secure and you accept the risks inherent in the use of the Internet or other technology for the purpose of the Service. (This does not affect our duties under data protection laws.)
(d) We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control, including third-party telecommunication failures and epidemics/pandemics.
5. Intellectual Property
(a) The content, logos, and other materials on the Site are protected by copyright and other intellectual property laws.
(b) You may not reproduce, distribute, modify, or republish any content from the Site without our written consent.
(c) Unauthorized use of software or any automated means to download, “crawl,” “scrape,” or “spider” our content, including pages, data, or any related portion of the Services or Content, is strictly prohibited. We retain the sole discretion to refuse service, cancel subscriptions, terminate accounts, and ban users who violate this clause. Please note that bans, terminations, or account closures for such violations are non-refundable.
6. User Content
(a) You are solely responsible for any content you submit to the Site.
(b) By submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.
7. Limitation of Liability
We are not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of the Site.
8. Personal Information
We reserve the right to terminate or suspend your access to the Site without prior notice for any violation of these Terms and Conditions.
10. Changes to Terms
We reserve the right to modify these Terms and Conditions at any time. The updated terms will be effective upon posting on the Site. Your continued use of the Site after the posting of changes constitutes your acceptance of such changes.
11. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of England. Any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
12. Contact Us
If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected].