Vivvion Marketing and Advertisement Ltd. (“VMA”) is a technology company that offers an online third-party quote system, Vivvion, for customers to request multiple quotes from local businesses for their projects and allows customers to maximize their reach to multiple businesses.
VMA’s Terms of Use (the “Terms”) apply when you, the customer, access and use our app at Vivvion (the “app”) to request multiple quotes from local businesses listed on our app. These Terms constitute a legal agreement between VMA, the owner of the app, and you, the customer. On the Vivvion app, the use of term "Quote" is referred to as an estimate or a rough pricing, it is Not a fixed quote
BY REGISTERING AND OR USING THE APP, YOU AGREE TO BE BOUND BY VMA’S TERMS OF USE. EACH TIME YOU ACCESS AND USE THE APP, YOU SIGNIFY YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR DO NOT WISH TO BE BOUND BY THE TERMS, THEN DO NOT REGISTER, ACCESS OR USE THE APP
VMA may change the Terms at any time without notice to you. You are responsible for, and encouraged to, review the Terms regularly. The date of the last revision to the Terms can be found at the bottom of this document. Your continued access and use of the app after this date signifies your consent to any changes to the Terms
The purposes of the app for you, the customer, are to
You, as customer, are solely for any reviews posted and for compliance with the Terms and any other applicable law. VMA is not responsible for any reviews posted, including but not limited to, any errors or omissions in those comments. VMA reserves the right, but is not obligated, to monitor reviews posted on the app and to remove any reviews which, in VMA’s sole opinion, violates or may violate the Terms, any applicable law or upon request of a third party. VMA does not endorse any reviews posted on the app.
Customer retain rights to any reviews posted on the app. By posting reviews on the app, you grant VMA a worldwide, irrevocable, perpetual, non-exclusive and royalty-free license to use, reproduce, process, adapt, modify, publish, transmit, display and distribute such reviews in any and all media or distribution methods now known or later developed.
The app is a subscription based services in which businesses register and pay a subscription fee to be listed on the app. VMA does not request or accept any payments from customers for the use of its subscription based Vivvion system and does not take any fee or commission based on any quote from a registered business accepted by customer.
Customer is solely responsible for its relationship with a business registered on the app including but not limited to responding to any quotes, changes in quotes, engaging and any and all work undertaken by a business registered and providing services for a customer project through app or for the payment or any guarantee of business services. VMA shall have no responsibility, obligation or liability for any matter arising from customer and business relationship including but not limited to quotes, changes quotes, of the appointment of business or scope or details of work undertaken for a customer project.
To access and use online Vivvion system, you must sign in and register as a customer using your email and then setting up unique password and will be entitled to reset the password and login to Vivvion system using your email as a login and your password.
You may only access the online Vivvion system through your email login and password. You are solely responsible for safeguarding your password. You must not share your password, permit others to use your password, or engage in any other act that may jeopardize the security of your account. You are solely responsible for any access of the online Vivvion system that results because you shared your password or as a result of the theft or misappropriation of your login and password.
VMA is not responsible for any loss or damage that may arise from your failure to safeguard your password. You must notify VMA immediately of any unauthorized use of your account.
VMA reserves the right to terminate any customer account that breaches the Terms, Privacy Code, Privacy Statement, or any of our policies, practices, and regulations. All data generated by online Vivvion system will be retained for one (1) year only.
VMA only sends CEMs, such as emails, in accordance with Canada’s Anti-Spam Legislation (“CVMA”). VMA does not permit any customer of the app to use the app to send CEMs in violation of CVMA
You can contact VMA through the app. In the event that you send a request, inquiry or complaint to VMA through the app, VMA will respond in compliance with CVMA. A CEM sent to you in response to a request, inquiry or complaint will be limited to directly addressing that request, inquiry or complaint, subject to the inclusion of additional information that a person could reasonably expect to receive as a result of that request, inquiry or complaint. If you submit a request, inquiry or complaint through the app, this will not constitute consent for further CEMs and VMA will only ever CEMs in accordance with CVMA.
You may subscribe to receive CEMs regarding VMA’s services. You will only receive such CEMS if VMA has received your express consent. You can unsubscribe at any time by sending an email. Your unsubscribe request will be processed within 10 business days of receipt.
The app may contain links from other third-party apps and all such apps are independent of VMA. VMA has no control over these third-party apps and assumes no responsibility or obligations for such third-party apps. The provision of such links does not constitute any endorsement of such linked apps, their content or information appearing on the app.
VMA uses third party payees to process payments on behalf of VMA. VMA has no control over any third-party payee app. VMA is not responsible for the security or privacy of any information submitted to a third-party payee. Use of any third-party payee app is at your sole risk.
In accessing and using the app and online Vivvion system or subscription based service, you must not:
If you wish to link to any app owned or controlled by you, you must abide by VMA’s linking requirements. The linking requirements are as follows:
You do not acquire any right, title or interest in the app or our online Vivvion system or subscription based service through use of the app or our online Vivvion system or subscription based service. You must abide by copyright and other proprietary notices contained in the app or our online Vivvion system or subscription based service.
With the exception of third party advertising or links, VMA exclusively owns all information and screens appearing on the app and our online Vivvion system or subscription based service, including all designs, graphics, text elements, site design, logos, images, buttons, and icons. VMA owns the selection, assembly, and arrangement of all information and screens appearing on the app and our online Vivvion system or subscription based service, including any and all intellectual property rights, such as copyright, trademarks, and other proprietary information. All third party advertising and links belong to their respective owners and must not be use by you for any purpose with the prior written consent of the respective owner(s).
VMA also owns the right, title and interest to all content management systems, frameworks, VMA templates, mockups and compositions, final design frameworks, all copy and graphics and all source code in the app and our online Vivvion system or subscription based service.
The look and feel of the app and our online Vivvion system or subscription based service is copyrighted by VMA. All rights are reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without the prior written consent of VMA.
VMA and its Vivvion logo are the property of VMA. Certain other trademarks, trade names and logos on the app and our online Vivvion system or subscription based service are the property of the respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property and shall result in immediate termination of your rights to use the app and our online Vivvion system or subscription based service.
All content, except user content, that forms part of the app and our online Vivvion system or subscription based service is subject to intellectual property rights, including copyright and trademarks held by or licensed by VMA. All rights are reserved. The app and our online Vivvion system or subscription based service display copyright and other proprietary notices. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including images, text, and page layout, or use any meta tags or any other hidden text utilizing our name or trademarks without the prior written consent of VMA.
You may not use any of VMA’s logos or other proprietary graphic or trademark designs as part of any link without the prior written consent of VMA.
Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law, as well as international copyright treaties and multilateral and bilateral agreements, protect the app and our online Vivvion system or subscription based service. Unauthorized reproduction of the app or our online Vivvion system or subscription based service, or any portion of the app or our online Vivvion system or subscription based service, may result in severe civil and criminal law penalties
Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law, as well as international copyright treaties and multilateral and bilateral agreements, protect the app and our online Vivvion system or subscription based service. Unauthorized reproduction of the app or our online Vivvion system or subscription based service, or any portion of the app or our online Vivvion system or subscription based service, may result in severe civil and criminal law penalties
If you believe that VMA or a user of the app or online Vivvion system or subscription based service has violated your intellectual property rights, you may report the matter through the VMA contact form, available her at ContactUs. VMA requires you provide a written request detailing the specifics of the intellectual property infringement, a link or the URL of your original materials and a link or the URL of the infringing material, and proof of ownership of the original material or proof of first publication. If VMA chooses not to remove the allegedly infringing material, we will provide you with notification. VMA will remove such allegedly infringing material upon submission of legal documentation of a ruling in your favour in regards to the allegedly infringing material.
Your access and use of the app and our online Vivvion system or subscription based service is at your sole risk. The app and our online Vivvion system or subscription based service are provided on an "as is" and "as available" basis and VMA disclaims any and all other warranties and representations.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL VMA BE LIABLE FOR ANY GENERAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE,THE app OR Vivvion SYSTEM OR SUBSCRIPTION BASED SERVICE. SOME PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ALTHOUGH CERTAIN PROVINCIAL, STATE OR FEDERAL LAWS MAY NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, VMA RELIES ON SUCH DISCLAIMERS AND LIMITATIONS TO THE GREATEST EXTENT ALLOWABLE BY LAW.
To the extent permitted by the laws of your jurisdiction, you agree to indemnify VMA from and against all claims, liability and expenses, including legal fees and costs, arising from any unauthorized use of the app or our online Vivvion system or subscription based service s by you or from a substantial breach of the Terms. VMA reserves the right, in its sole discretion and at its own expense, to defend any action or claim and you agree to co-operate fully with any such defense.
VMA reserves the right to terminate, change, suspend or discontinue any aspect of the app at any time without notice including, but not limited to
VMA may restrict access to all or parts of the app at any time. VMA reserves the right, but is not obligated, to correct any errors or omissions in any portion of the app or our online Vivvion system or subscription based service.
Any breach of the Terms by you will result in your right to use the app and our online Vivvion system or subscription based service being terminated. The obligations in the Terms concerning use of the app and our online Vivvion system or subscription based service, intellectual property and liability survive the termination of this agreement.
Your access and use of the app and Offerings is subject to VMA’s Privacy Code, available at Privacy Code, and Privacy Statement, available at Privacy Statement
Your rights under the Terms cannot be assigned.
The failure of VMA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
The app can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the app or online Vivvion system or subscription based service, you agree that all matters relating to access to, or use of, the app or online Vivvion system or subscription based service, or any other hyperlinked app shall be governed by the laws of the Province of British Columbia and the federal laws of Canada as applicable and notwithstanding conflicts of law. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge and do so voluntarily.
In the event that any term or condition in the Terms is found invalid by a court of competent jurisdiction, the invalid term or condition is severed and the remaining terms and conditions continue in full force and effect.
partner@vivvion.com 1-800-870-1027