Terms of service

Vivoo New Zealand Terms and Conditions

 

All prices on this store are in New Zealand Dollars (NZD).

 

These policies govern your visit to Vivoo New Zealand. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Vivoo New Zealand and its affiliates provide their services to you subject to the following conditions. If you shop at Vivoo New Zealand, you accept these conditions. Please read them carefully. In addition, when you use any current or future Vivoo New Zealand service, you also will be subject to the guidelines and conditions applicable to such service.

 

1. INTELLECTUAL PROPERTY, ACCESS, AND LICENSE

 

1.1. Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Vivoo New Zealand or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Vivoo New Zealand. All software used on this site is the property of Vivoo New Zealand or its software suppliers.

 

1.2. License and Site Access

Vivoo New Zealand grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Vivoo New Zealand. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Vivoo New Zealand. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information of Vivoo New Zealand and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Vivoo New Zealand's name or trademarks without express written consent. Any unauthorised use terminates the permission or license granted by Vivoo New Zealand.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Vivoo New Zealand so long as the link does not portray Vivoo New Zealand, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Vivoo New Zealand logo or other proprietary graphic or trademark as part of the link without express written permission.

 

1.3. Vivoo Intellectual Property

Vivoo, Vivoo.io, and the Vivoo logo are trademarks or registered trademarks of Vivosens, Inc. You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publish, or otherwise exploit any Vivoo intellectual property except as expressly permitted.

 

2. YOUR ACCOUNT

 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be at least 18 years old to access Vivoo Services and create a user account. Vivoo New Zealand sells products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Vivoo New Zealand only with involvement of a parent or guardian.

You are solely responsible for maintaining the confidentiality of your account information and password. You accept responsibility for all activities that take place in your account. If you have any unauthorized access to your account or suspect any other security breach, notify us immediately.

Vivoo New Zealand and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

3. PRODUCT SPECIFIC TERMS & MEDICAL DISCLAIMER

 

3.1. Nature of the Service

Vivoo provides products and tools that help you achieve your wellness goals. The advice given by Vivoo is based on information you provide and data from analysing your urine using a "strip". Vivoo provides the Website and Services for informational purposes only. Vivoo Websites and Services do not contain or constitute, and should not be interpreted as medical advice or opinion.

 

3.2. No Medical Services

VIVOO IS NOT A MEDICAL PROFESSIONAL, AND VIVOO DOES NOT PROVIDE MEDICAL SERVICES OR RENDER MEDICAL ADVICE. VIVOO SERVICES ARE NOT A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PRACTITIONER, AND THE INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE AND SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, DIAGNOSING OR TREATING A MEDICAL OR HEALTH CONDITION. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER BEFORE MAKING A DIETARY OR NUTRITIONAL CHANGES. IF YOU REQUIRE MEDICAL ADVICE OR SERVICES, YOU SHOULD CONSULT A MEDICAL PRACTITIONER. YOUR USE OF THE WEBSITE OR SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND VIVOO.

 

3.3. User Responsibilities and Liabilities

It is your responsibility to use the "strips" you have purchased in accordance with the "Expiration Date" and "Operating Manual" specified. Vivoo cannot be held liable for any incorrect advice or damages that may arise from the "Expired Strips," "Damaged Strips" or "Misused Strips".

Vivoo cannot be held liable for incorrect advice given as a result of incorrect measurements resulting from the devices on which you use Vivoo services.

Vivoo is based solely on information users provide. Vivoo cannot be held liable for damages resulting from advice given due to information users do not notify Vivoo (such as allergy, food intolerance, genetic or other illness, etc.). This is also applicable in the case for allergies and diseases that are not known to the users themselves.

NUTRITIONAL REQUIREMENTS OF NURSING WOMEN AND PREGNANT WOMEN MAY VARY. PREGNANT WOMEN AND NURSING WOMEN SHOULD NOT TAKE INTO ACCOUNT THE ADVICE GIVEN AT VIVOO. YOU SHOULD CONSULT DOCTORS AND PROFESSIONAL HEALTH CARE PROVIDERS ABOUT THESE RECOMMENDATIONS.

 

4. RISK OF LOSS

All items purchased from Vivoo New Zealand are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

5. PRODUCT DESCRIPTIONS

Vivoo New Zealand and its affiliates attempt to be as accurate as possible. However, Vivoo New Zealand does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Vivoo New Zealand itself is not as described, your sole remedy is to return it in unused condition.

 

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

6.1. General Disclaimer

This site is provided by Vivoo New Zealand on an "as is" and "as available" basis. Vivoo New Zealand makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Vivoo New Zealand disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Vivoo New Zealand does not warrant that this site, its servers, or e-mail sent from Vivoo New Zealand are free of viruses or other harmful components.

 

6.2. Limitation of Liability

Vivoo New Zealand will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

 

7. APPLICABLE LAW

By visiting Vivoo New Zealand, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Vivoo New Zealand or its affiliates.

 

8. DISPUTES

Any dispute relating in any way to your visit to Vivoo New Zealand or to products you purchase through Vivoo New Zealand shall be submitted to confidential arbitration in Auckland, New Zealand, except that, to the extent you have in any manner violated or threatened to violate Vivoo New Zealand's intellectual property rights, Vivoo New Zealand may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

9. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to Vivoo New Zealand. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Vivoo New Zealand Store is owned and operated by Lacklands LP