DISCLAIMER
Please read these Terms and Conditions carefully before using this website. By using this website you signify your consent to these Terms and Conditions. If you do not agree to the Terms, please do not use the website.
The website is owned and operated by Vivobarefoot AUS/NZ, a corporation based in Melbourne, Australia with partners in Auckland, New Zealand. Vivobarefoot AUS/NZ maintains the website for your personal entertainment and information. Please feel free to browse the website. You may download material displayed on the website for non-commercial, home personal use only, provided you keep intact all copyright, trademark and other proprietary notices. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of this website including the text, images, audio and video for public or commercial purposes, without written permission from Vivobarefoot AUS/NZ.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Vivobarefoot AUS/NZ for death or personal injury as a result of the negligence of Vivobarefoot AUS/NZ or that of its employees or agents.
MATERIAL CONTAINED ON THIS WEBSITE
You should assume that everything you see or read on this website is protected by copyright unless otherwise stated and may only be used according to these Terms and Conditions. Vivobarefoot AUS/NZ does not warrant or represent that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with Vivobarefoot AUS/NZ. Images are either the property of, or used with permission by, Vivobarefoot AUS/NZ. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Vivobarefoot AUS/NZ uses reasonable efforts to include accurate and up-to-date information on the website. However Vivobarefoot AUS/NZ makes no warranties or representations as to the accuracy of the information. Vivobarefoot AUS/NZ assumes no liability or responsibility for any errors or omissions in the contents of this website. When entering, using or browsing this website it is at your own risk.
Neither Vivobarefoot AUS/NZ nor any other party involved in creating, producing or delivering this website is liable for any direct, indirect, incidental, consequential or punitive damages (including without limitation loss of business, opportunity, data, profits) arising out of your access to, or use of, this website. Without limiting the foregoing, everything on the website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Vivobarefoot AUS/NZ also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the website or your downloading of any materials, data, text, images, video, or audio from the website.
Any communication or material you transmit to the website by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Vivobarefoot AUS/NZ or its affiliates for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Vivobarefoot AUS/NZ is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
The trademarks and logos, including slogans etc., displayed on this website, are registered or unregistered trademarks of Vivobarefoot AUS/NZ. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Vivobarefoot AUS/NZ or such third party that may own the trademarks displayed on the website.
PERSONAL USE
By purchasing from this website (vivobarefoot.com/au and vivobarefoot.com/nz) you agree that all items purchased are for personal or professional use. It is a violation of our terms for any items purchased from Vivobarefoot AUS/NZ online to be re-sold, and we reserve the right to suspend any customer account that we suspect is involved in this activity.
MODIFICATIONS TO THE SERVICE AND PRICES
All prices on vivobarefoot.com/au are charged in Australian dollars (AUD) and are inclusive of Australian GST unless otherwise specified.
All prices on vivobarefoot.com/nz are charged in New Zealand dollars (NZD) and are inclusive of New Zealand GST unless otherwise specified.
GST refunds do not apply for online orders. Our policy complies with Australian and New Zealand GST legislation.
The responsibility for any customs duties, foreign taxes or other fees which may be imposed will rest with the customer.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. If Vivobarefoot AUS/NZ is unable to supply the products in your order due to stock availability, the unavailable item/s will be automatically cancelled, and a refund processed.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision. Please consult your health professional regarding individual concerns and professional advice.
LINKS TO THIS WEBSITE
Vivobarefoot AUS/NZ has not reviewed all of the websites linked to this website and is not responsible for the contents of any off-site pages or any other websites linked to this website. Your linking to any other off-site pages or other websites is at your own risk.
LINKS TO OTHER WEBSITES
This website may contain links to other websites operated by third parties other than Vivobarefoot AUS/NZ. Such links are provided for your convenience only. Vivobarefoot AUS/NZ does not control such websites and is not responsible for their content. The fact that this website contains links to other websites does not mean that Vivobarefoot AUS/NZ approves of, endorses or recommends those websites, nor does it imply any association with their operators.
Vivobarefoot AUS/NZ disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party websites or content therein directly or indirectly accessed through links in this website.
GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and New Zealand and you hereby submit to the exclusive jurisdiction of the Australian and New Zealand courts.
SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
CHANGES TO WEBSITE
Vivobarefoot AUS/NZ reserves the right to:
Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Vivobarefoot AUS/NZ shall not be liable to you for any such change or removal; and
change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Vivobarefoot AUS/NZ may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
