Terms and Conditions for Viavii Corporation
In these terms and conditions:
Reference to “Viavii”, “we”, “us” and “our(s)” is a reference to Viavii Corporation
Reference to “you”, “your”, “customer” and “user(s)” is a reference to the user of our platform and/or the purchaser of our Products (as defined below).
“Product/s” means online and offline Local touristic experiences and tours and any other products purchased by you from us.
Reference to “application”, “app” and “platform” is a reference to ViaVii online platform and/or ViaVii mobile application that is published by or on behalf of us.
“Terms” means these Viavii terms and conditions.
These Terms are the only terms and conditions on which we contract with you for the access and use of and/or purchase of our Products via our platform.
Kindly read these Terms carefully before using and/or purchasing any Products from us (including any subdomains thereof, and/or any other websites through which Viavii makes its services available (hereinafter referred to as, "Site")). You should understand that by accessing, using our platform, and/or purchasing any of our products (including any subdomains thereof, and/or any other Site), you agree to be bound by these Terms. None of these Terms affect your statutory rights. No other terms or changes to the Terms shall be binding unless agreed in writing signed by us.
If you are an Experience Provider and/or host (business) wanting to use our platform to list ”Experiences” and/or services, please review the Terms and Policies for Service Providers provided in our platform.
These Terms shall manage your use of our platform which is accessible at ViaVii.com.
These Terms will be applied fully and will govern your use of our platform. By using the platform you agree to be bound to all of the Terms provided herein. You must not use this platform if you do not accept any and all of these Terms.
Intellectual Property Rights
Other than the content you own, under these Terms, Viavii Corporation and/or its licensors own all the intellectual property rights and materials contained in this platform.
You are granted a limited license only for purposes of viewing the material contained on this platform.
The trademarks, trade names, service marks, and logos (hereinafter referred to as “Trademarks“) contained on and/or in the app are owned by Viavii and/or its subsidiaries and/or affiliated entities and/or third-party partners. You are not allowed to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit and/or disseminate the Trademarks without the prior written consent of Viavii and/or its subsidiaries and/or affiliated entities and/or the relevant third party partner, where such consent shall not be unreasonably withheld by you.
General Rules Relating To Conduct
The platform is made available for your own, personal use. The platform must not be used for any commercial purpose whatsoever and/or for any illegal or unauthorized purpose. When you use the platform you must comply with all relevant applicable federal laws of the State of Delaware - United States of America, and with any applicable international laws, including without limitation the local laws of your country and the country and the services are provided (together referred to as “Applicable Laws”).
You are specifically restricted from all of the following:
publishing any platform material in any other media;
selling, sublicensing, and/or otherwise commercializing any material on the Platform;
publicly performing and/or showing any platform material;
using this platform in any way that is and/or maybe damaging to this platform
using this platform in any way that impacts other users access to this platform
using this platform contrary to Applicable Laws and regulations, and/or in any way that may cause harm to the platform, and/or to any person or business entity;
engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this platform ;
using this platform to engage in any advertising or marketing.
Certain areas of this platform are restricted from being accessed by you and Viavii Corporation may further restrict access by you to any areas of this platform, at any time, at its absolute discretion. Any user ID and password you may have for this platform are confidential and you must maintain confidentiality as well.
In these Terms, "Your Content" shall mean any audio, video text, images, or other material you choose to display on this platform. By displaying Your Content, you grant Viavii Corporation a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Viavii Corporation reserves the right to remove any of Your Content from this platform at any time without notice and without cause.
Link to Third Parties
This platform may contain links to websites operated by third parties (hereinafter referred to as “Third Party Websites“).Viavii may monetize some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Viavii does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third-Party Websites and/or their availability and/or contents.
This platform is provided "as is," with all faults, and Viavii Corporation expresses no representations and/or warranties, of any kind related to this platform and/or the materials contained on this platform. Also, nothing contained on this platform shall be interpreted as being advice, recommendation, and/or suggestion to you by us.
Limitation of liability
In no event shall Viavii Corporation, nor any of its officers, directors, employees, subsidiaries, and/or affiliates be held liable for anything arising out of and/or in connection with your use of this platform whether such liability is under contract and/or by law. Viavii Corporation, including its officers, directors, and employees, subsidiaries and/or affiliates shall not be held liable for any indirect, consequential, or special liability arising out of and/or in any way related to your use of this platform.
Disclaimer / Liability
The use of the Platform is at your own risk. The Platform is provided on an “as is” basis. To the maximum extent permitted by law: (a)Viavii disclaims any and/or all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the app; and (b) all implied warranties, terms, and conditions relating to the app (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment, and title are, as between Viavii and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the Platform; or any damage or injury to users or their equipment as a result of or relating to their use of the Platform. Your statutory rights are not affected.
Viavii will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of and/or in connection with the Platform, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss; or (iv) personal injury or personal losses or death or any other type of damages and/or liabilities of whatsoever type related thereto and this shall survive any expiry or termination or change of these terms and conditions for unlimited period.
If Viavii is liable to you directly or indirectly in relation to the Platform, that liability shall be limited to the sums paid by you upon purchasing Products from the Platform, or any in-app spend, including subscriptions, whichever is greater.
Nothing in these Terms shall be construed as excluding or limiting the liability of Viavii, its subsidiaries and/or affiliates for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Applicable Laws.
Eligibility, Using the ViaVii Platform, Member Verification
You must be at least 18 years old and able to enter into legally binding contracts to access and use the platform and/or register a personal account at the platform. By accessing or using the platform, you warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. Minors under the age of 18 shall be prohibited to register as a user at the platform and are not allowed to transact and/or use the platform.
If you access or download the application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Any and all payment processing services through or in connection with your use of the platform (hereinafter referred to as "Payment Services") are provided to you by one or more Viavii payments entities (individually and collectively, as appropriate, ("Viavii Payments")
If you make a payment for our Products and/or services on our platform, the details you are asked to submit will be provided directly to our payment provider via a secure connection. The cardholder must retain a copy of transaction records and Merchant policies and rules.
Cancellation of purchased “Experiences” are subject to the timeline given by each vendor based on their preference. However, a minimum of 48 hours prior to “Experience” as per Viavii guidelines, to allow vendors to settle their inventory. For any disputes, please email [email protected] to handle the issue directly with the service provider.
You hereby indemnify to the fullest extent Viavi Corporation from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.
Viavii reserves the right to suspend and/or cease providing any services relating to the app published by it, with or without cause and with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
Advertisers in the App
We accept no responsibility for adverts contained within the app. If you agree to purchase goods and/or services from any third party who advertises on the app, you do so at your own risk. The advertiser, not Viavii, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
If you take part in any competition which is run in and/or through the app (hereinafter referred to as “Competition“), you agree to be bound by the rules of that competition and any other rules specified by Viavii from time to time (hereinafter referred to as “Competition Rules“) and by the decisions of Viavii, which are final in all matters relating to the Competition. Viavii reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice and without cause in accordance with the Competition Rules.
In-app Voucher Codes
Any in-app voucher codes issued by Viavii may only be used in accordance with these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be removed or modified without affecting the remaining provisions herein.
Variation of Terms
Viavii Corporation is permitted to revise these Terms at any time as it sees fit, and by using this platform you are expected to review these Terms on a regular basis.
Viavii Corporation is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Viavii Corporation and you in relation to your use of this platform and/or the purchase of our Products and supersede all prior agreements and understandings between you and us in relation to the subject matter hereof. No variation of these Terms is binding on us unless agreed by us in writing.
Governing Law & Jurisdiction
These Terms and every transaction in relation to the subject matter herein shall be governed by and interpreted in accordance with the relevant applicable federal laws and jurisdiction of The State of Delaware - the United States of America and the Hashemite Kingdom of Jordan, in case of conflict the latter shall prevail. Nevertheless, we are solely entitled to seek legal actions and rely on any applicable law where you have a residence and/or own any assets therein and/or of your nationality.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting it by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the platform after the publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other Terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
We want to make sure that all of our users and instructors feel safe and comfortable while using our Website. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using our platform and services.
Although we do not routinely screen or monitor content provided by users, we may remove and/or edit inappropriate content and/ or activity reported to us and/or suspend, disable, or terminate a user's access to all and/or part of the platform.
You are prohibited from using our platform to share content that:
Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that users who are as young as 18 use the platform, and we do not allow content that is inappropriate for these younger learners.
Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
Spam others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Otherwise violates these Terms. Please note that specific services may have additional rules and requirements.
You also aren't allowed to:
Do anything that violates local, national, or international law.
Share your password, let anyone access your account, or do anything that might put your account at risk.
Attempt to access any other user's account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Website, unless specifically authorized to do so.
Access, tamper with or use non-public areas of our systems unless specifically authorized to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
Use our platform to distribute malware.
Encourage or help anyone do any of the things on this list.