Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OFFERINGS CAREFULLY as they affect your rights and liabilities under the law and set out the terms under which Vavista Awards Ltd makes the products available to you.
These Product Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts .If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to or use of, the Website may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites. If you do not agree to this Agreement, you should not use the Website and/or the Fee-Based Products and you should arrange to cancel your account with us by notifying Website Customer Service in writing in accordance with the provisions of this Agreement.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the websites which are owned or operated by VAVISTA AWARDS Limited (“VAVISTA-AWARDS.com”) and our Affiliates (collectively, “VAVISTA AWARDS “we”, “us” or “our”), including, without limitation, this website and any other United Kingdom website that we may own or operate currently or in the future (collectively, the “Website”), and all of the Fee-Based Products that are offered to you through the Website by VAVISTA-AWARDS.com currently or in the future.
Use of the Website and Our Fee-Based Products
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided thereon, and the Fee-Based Products that you have subscribed to and in respect of which you have paid the applicable fees and charges provided that you comply fully with the provisions of this Agreement. You agree to be financially responsible for all fees and charges in respect of usage or activity of our Fee-Based Products subscribed to by you.
By using the Website and/or VAVISTA-AWARDS.com’s Fee-Based Products, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Website (or any part thereof) and/or VAVISTA-AWARDS.com’s Fee-Based Products.
We reserve the right to change this Agreement from time to time, including without limitation, changing any charges and/or fees payable in respect of subscriptions for VAVISTA-AWARDS.com’s Fee-Based Products. We will notify you of changes to this Agreement by our posting of changes to this Agreement on the Website located at www.VAVISTA-AWARDS.com. Any new or amended version of this Agreement will take effect, and will govern all use of the Website and any of VAVISTA-AWARDS.com’s Fee-Based Products you have subscribed to, commencing on the date of posting of such Agreement on the Website (or such later date as we indicate in the posting). If you do not wish your use of the Website and/or any of VAVISTA-AWARDS.com’s Fee-Based Products be governed by the new or amended version of this Agreement, you should notify us in writing to [email protected] and from the date when the new version takes effect, you must cease to use the Website and any Fee-Based Products you have subscribed to and should seek a refund in respect of the fees or charges pre-paid by you for any complete unexpired periods of subscription to any Fee-Based Products. Refunds shall be made in accordance with paragraph 4 of this Agreement.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or VAVISTA-AWARDS.com’s Fee-Based Products, including, but not limited to, (i) restricting the time the Website and/or a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website and/or VAVISTA-AWARDS.com’s Fee-Based Products. You agree that any termination or cancellation of your access to, or use of, the Website or VAVISTA-AWARDS.com’s Fee-Based Products may be effected without prior notice. If you do not abide by the provisions of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website and/or VAVISTA-AWARDS.com’s Fee-Based Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites and/or VAVISTA-AWARDS.com’s Fee-Based Products.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing of the Website and/or the Fee-Based Products, including, without limitation, any change in content or any change in the amount or type of fees or charges associated with VAVISTA-AWARDS.com’s Fee-Based Products, is to cancel or terminate your subscription or community user account, as applicable, in accordance with paragraphs 4 and/or 8 of this Agreement.
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities, features, promotions or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features, promotions or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
Third Party Products and Services
When applicable, you may order services, merchandise or other products through the Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Links to Third Party Products and Services
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Charges and Fees for Fee-Based Products
Certain portions, components, content and features of the Website are only available to individuals who purchase one of VAVISTA-AWARDS.com’s Fee-Based Products. As a subscriber to one of VAVISTA-AWARDS.com’s Fee-Based Products, you agree as follows:
A. You agree to pay, using a valid credit or debit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees set forth on the Website (such as the fixed Initial Subscription Fee and the recurring Monthly Fee), applicable taxes, and other charges and fees incurred in order to access VAVISTA-AWARDS.com’s Fee-Based Products. As stated in paragraph 1 of this Agreement, we reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Website hosted at www. VAVISTA-AWARDS.com or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).
If you have subscribed for VAVISTA-AWARDS.com’s Fee-Based Products, your credit / debit card or other account will automatically be charged on completion of entry.. Each time you use our Fee-Based Products you reaffirm your agreement that we may charge your credit / debit card (or other form of payment, if applicable). In the event we cannot charge your credit /debit card or account, VAVISTA-AWARDS.com reserves the right to terminate immediately your Award entry.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Website and VAVISTA-AWARDS.com’s Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment.
If your registration is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you are responsible and will remain liable for any unauthorized use of VAVISTA.com’s Fee-Based Products for which you have subscribed and/or use of those areas of the Website that may be accessed by community users until seventy two (72) hours after you have notified Website Customer Service in writing of such breach of security. If your credit / debit card expires, is cancelled, lost or is subject to use without your authorization, you agree to promptly notify Website Customer Service in writing and to access the My Account feature of the Website to update your Subscription Data to provide details of an alternative current, valid credit / debit card (or other form of payment which we may accept from time to time). You are entirely responsible for any and all activities that occur through your user account You are responsible for paying any amounts billed to your credit / debit card by a third party which were not authorized by you.
Please note that the Prices on our web-site are confirmed at the time of your order. All prices are expressed exempt of any VAT payable where applicable.
Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until payment has been received and an electronic receipt issued to you. Nothing that we say or do will amount to any acceptance of that offer until we issue a receipt for payment.Payment
You can pay by Mastercard or Visa credit card, Visa debit card, Visa Electron, or Maestro debit card. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order. You will be charged at the time when your order is confirmed and you are issued an electronic receipt.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items. We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology. This means you cannot inadvertently place an order through an unsecured connection.
Termination or Cancellation of SubscriptionYou can cancel your subscription to one of VAVISTA-AWARDS.com’s Fee-Based Products by notice in writing to [email protected]. We will attempt to process all cancellation requests within seventy two (72) hours after we receive your request.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that the Website contains information, software, images, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are the property of us and/or our licensors and are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United Kingdom copyright laws (and, if applicable, similar foreign laws), and we own the copyright in and to the selection, coordination, arrangement and enhancement of such Content or are licensed to use such Content (including the selection co-ordinating, arrangement and enhancement of such Content). All trademarks appearing on the Website are trademarks of their respective owners. VAVISTA® is the trade name and the registered trademark and service mark of VAVISTA (Vavista Limited. Registered in England No. 8267083). Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERING, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, VAVISTA-AWARDS.COM’S FEE-BASED PRODUCTS) ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY.
NEITHER US, NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE WEBSITE, THE FEE-BASED PRODUCTS OR ANY FUNCTION CONTAINED IN THE WEBSITE OR THE FEE-BASED PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE FEE-BASED PRODUCTS OR THE SERVERS THAT MAKE THE WEBSITE AND THE FEE-BASED PRODUCTS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS).
NEITHER US NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (F) EVENT REASONABLY BEYOND OUR CONTROL; AND/OR (G) ANY OTHER MATTER RELATING TO THE WEBSITE. SAVE IN RESPECT OF PERSONAL INJURY OR DEATH DUE TO THE NEGLIGENCE OF VAVISTA, IN NO EVENT SHALL THE TOTAL LIABILITY OF US TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE AND/OR USING ANY FEE-BASED GOODS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE FEE-BASED GOODS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF USE OF SUCH FEE-BASED GOODS AND TERMINATION/CANCELLATION OF YOUR SUBSCRIPTION IN RESPECT THEREOF. THESE EXCLUSIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us, our officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) (together, the “Damages”) arising from your improper use of the Website or offerings (including, without limitation, the Fee-Based Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account or the Fee-Based Products for which you have subscribed, of any intellectual property or other right of any person or entity.
Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to your use of the Website (including, without limitation, the Fee-Based Products) or this Agreement shall be filed only in the High Court (England) and you hereby consent and submit to the personal jurisdiction of such court for the purpose of litigating any such action.
In any action against us arising from the use of the Website (including, without limitation, the Fee-Based Products), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
We shall not be responsible for lack of availability of the Website and/or the Fee-Based Products for which you have subscribed and/or any other failures to perform in a timely manner due to events beyond our reasonable control including, without limitation, Acts of God or public enemies, civil war, insurrection or riot, fire, flood, explosion, earthquake, serious accident, failure of the Internet, strike, labour trouble or work interruption or any other cause beyond the reasonable control of Vavista. In such circumstances the time for performance by us shall be extended for the duration of such events to the extent possible. Unless specifically provided for in this Agreement, no third party shall have any rights hereunder.
If you have any questions or concerns, you can contact us by e-mail:
E-mail: [email protected]
Or by post at the following address.
Vavista Awards Ltd, Lysander House, Catbrain Lane, Cribbs, Causeway, Bristol, BS107TQ
This Website is operated by, VAVISTA AWARDS LIMITED. VAVISTA AWARDS LIMITED is a company incorporated in England and Wales. Company Registration Number 08749261.
Registered Address: LYSANDER HOUSE CATBRAIN LANE BRISTOL ENGLAND BS10 7TQ