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This page sets out the terms and conditions of Maurivibes website and the Services we offer. It is a legal document which is an agreement between Maurivibes (whom we refer to as “we”, “our” and “us”) and the Customer (referred to as “you”, “your”, “he”, “she” or the “Customer”).
It is taken that you are the lead contact and that therefore all correspondence and conversations in respect of arrangements for yourself and/or your institution will take place between you and us. Thus you are agreeing to the terms and conditions that appear below, all of which are called the “Agreement”. No alteration to these conditions shall be effective unless expressly agreed to in writing by the director and/or a representative of Maurivibes Ltd
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
OVERVIEW
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional Product/Service Conditions and Policies (Delivery and Cancellation/Refund Policies), Privacy Policy and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You may only use this site and Service according to these Terms of Service.
GENERAL CONDITIONS
1. Rights
You understand that by using Maurivibes’s website and the Service, you have agreed to the terms and conditions of these Terms of Service, Privacy Policy and Service and Delivery Policy and you agree to use the website and the Service solely as provided in this Terms of Service, Privacy Policy and Service and Delivery Policy. We reserve the right to refuse Service to anyone for any reason at any time.
2. Age Limits
By agreeing to these Terms of Service, you acknowledge that you are at least the age of majority in Mauritius and you are, in your capacity as the minor’s parent or guardian, giving us your consent to allow any of your minor dependents to use this site.
3. Maurivibes Intellectual property
Maurivibes owns all intellectual property and other rights, title and interest in and to this site and service (except for the contents you provided).
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without written permission from us. For example, you cannot buy our plain products and resell with the same Service.
4. Use of Website
You agree that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You may not use our products for any illegal or unauthorised purposes nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any computer viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purposes;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate immediately your use of the Service or any related website for violating any of the prohibited uses.
5. Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information which may not be necessarily up to date, therefore provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
6. Electronic Communications
You consent to receive communications from Maurivibes electronically and agree that all such agreements, notices, disclosures and other communications are deemed to be duly sent by Maurivibes for the purposes of these Terms and Conditions in accordance with the Electronic Transaction Act.
7. Errors, inaccuracies and omissions of information
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 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.
8. User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries or reviews or feedback) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
9. Provision of Optional tools
We may provide you with access to third-party tool over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
10. Use of Third-party links
Certain contents, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not guarantee and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, contents, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. Disclaimer of warranties and limitation of liability
We do not guarantee or represent that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results which may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You agree that your use of, or inability to use, the Service is at your sole risk. All the products and Services delivered to you through the Service are (except as stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, guarantees or conditions of any kind, either express or implied, including all implied guarantees or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Maurivibes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, loss of contracts, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict, negligence, strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Maurivibes shall not be liable for the unavailability of the website in the event of a force majeure or for acts of omissions of persons or bodies for whom Maurivibes is not responsible or any other cause, whether similar or dissimilar, outside Maurivibes’s control.
No liability of any nature whatsoever shall be incurred by Maurivibes on the happening of a force majeure, as more fully defined in Maurivibes’s Product Disclaimer, Delivery, and Refund Policy, or any such events as aforesaid.
In no event shall the total liability of Maurivibes to you for all damages, losses and/or claims arising from those terms of your use of Maurivibes’s site exceed the value of your order.
12. Indemnification
You hereby indemnify, defend and hold harmless Maurivibes and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any loss, damages, liability, claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
13. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or Maurivibes. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
15. Entire agreement
The failure of Maurivibes to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and Maurivibes and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
16. Governing law
These Terms of Service and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of the Republic of Mauritius.
17. Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.