Terms & Conditions

Terms & Conditions

Vivo Marketing – Terms & Conditions

  1. General
    1. This website at https://vivomarketing.com.au/ (Site) is a website where you can browse, select and order licenses for software, intellectual property and other intangible and digital knowledge products (including but not limited to information, text, displays, images, illustrations, photographs, video, audio, video and audio sequences, recordings, webinars, podcasts, and the design, selection and arrangement thereof) and related event tickets and services (collectively Products) advertised and described on the Site by Vivo Marketing Pty Ltd as trustee for the LKC Family Trust (ABN 66 372 776 647) (Seller, us or we).
    2. Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
    3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
    4. These terms and conditions also apply to the sale of any Products via methods other than the Site, including sales by telephone, in person or other means, unless otherwise agreed in writing.
  1. Disclaimer

Your use of the Site or Products obtain through the Site is at your own risk. The information contained in the Site and the Products is provided in good faith on an “as is” basis derived from industry experience. Neither the Seller, nor any person associated with the Seller makes any promise, warranty or representation with respect to the reliability, accuracy, completeness, security or availability of the information contained on this Site and in the Products, or that the Site or the Products obtained through the Site will otherwise meet your needs, expectations or provide to you a return on Product investment.

The Products do not contain advice tailored to your individual circumstances, unless expressly stated.

To the extent permitted by law, Seller is not responsible or liable for any Liabilities (including direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site and/or the Products. Your remedy for any dissatisfaction with the Site and/ or the Products is to stop using the Site.

  1. Site Intellectual Property
    1. You:
      1. acknowledge that the copyright in the Site, Products, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us;
      2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
      3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
    2. You may:
      1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
      2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
    3. This Site, the Products and any ancillary materials or documents owned or used by Seller in connection with the sale of the Products and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Seller. You must not use any of the marks or trademarks appearing on the Site and/or on or within Products or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
  1. Viruses
    1. Seller does not claim that any information (including any files or Products) obtained from, through or in connection with this Site is free from viruses or other faults or defects.
    2. You are responsible for scanning any information for viruses.
    3. You agree that Seller has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
    4. If Seller is found to be liable this will be limited to the cost of supplying the information or Product again.
  1. Compliance with these Terms and Conditions

You agree to bound by, and comply with, these terms and conditions by:

  1. accessing or using, or continuing to access or use, the Site;
  2. completing an account registration through the Site; and/or
  3. obtaining or ordering Products from us using the Site or by any other method of sale.
  1. Changes to these Terms and Conditions
    1. If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order.
    2. Subject to clause 6(a), we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted on this Site. By continuing to use the Site and/or placing an order for Products after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
  1. Registration

You may complete a customer registration process through the Site if such process is made available to you. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.

  1. Placing an Order for Products
    1. You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
    2. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified at the time you place the order.
    3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
    4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
  1. Acceptance or Rejection of an Order
    1. We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
    2. Each order placed for Products through the Site or any other means which we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
    3. If we reject an order, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
  1. Cancelling an Order (by Us)
    1. Prior to the delivery of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you. This includes, but is not limited to, circumstances where:
      1. the requested Products in that order are not available; or
      2. there is an error in the price or the product description posted on the Site or in any other sales platform in relation to the relevant Product in that order; or
      3. that order has been placed in breach of these terms and conditions.
    2. If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you (or will refund you as soon as reasonably practicable if you have already been charged) for the cancelled order if you are not at fault or in breach of these terms and conditions.
    1. Cancelling an Order (by You)

    Orders may not be cancelled once submitted via this Site or via any other method of sale. Should you wish to amend your order or contact details prior to the order being dispatched, please contact us and we will endeavor to assist you, however we are not obliged to amend any order.

    1. Delivery of Products
      1. Delivery will typically occur via electronic means in the manner Seller deems appropriate in its sole discretion. This may include, without limitation, delivery by way of Seller making a download link available to you to download the Product to your computer or similar device. You may also receive an activation key or similar product licence descriptor via a separate communication which may be required to active or use the Products. For the avoidance of doubt, delivery will be completed and the Seller’s obligations in respect thereof satisfied upon the Seller making the Product available.
      2. You are responsible for all costs and expenses associated with downloading, running, accessing or using the Site and any Products you purchase, including, without limitation, any costs associated with computing hardware, maintenance, server and data storage and internet access.

13. Licence of Products

  1. All orders for Products constitute orders for licences only. No order for any Products constitutes the transfer of any right, title or interest in or to any ownership of all or part of any Product, and all rights not expressly granted, are reserved by the Seller. These terms and conditions permit you to use the Site and any Products for your non-commercial use only.
  2. Upon:
    1. submitting any order for Products to the Seller;
    2. payment of the purchase price for a Product at the point of purchasing the licence for the Product; and/or
    3. downloading, installing or using the Product (whichever comes first);
  3. you are granted a revocable, non-transferable, non-exclusive and limited licence (Licence) strictly in accordance with these terms and conditions.

  4. The Licence may be for the term applicable to the particular Product as detailed on the Site or otherwise notified to you prior to or at the point of your order being accepted (Licence Term). If applicable, the Licence will expire automatically at the conclusion of the Licence Term, unless terminated earlier in accordance with these terms and conditions.
  5. If no Licence Term is specified, the Licence of the Products is a revocable, non-transferable, non-exclusive, perpetual licence subject to these terms and conditions.
  6. Each and any recurring subscription payment for Products made by you will, upon being made by you and being received by the Seller, constitute an offer by you to enter into a new Licence in respect of the Products on the Seller’s then current Product licence terms and conditions.
  7. The Licence entitles you, for the Licence Term, to:
    1. download, install and use a single copy of the Product on a single computer or mobile device for your own personal, non- commercial use; or
    2. download, install, use and make a single archival copy of the Product on a storage medium other than a hard drive, and may only be used for the reinstallation of the Product and for your own personal, non- commercial use.
  8. The Licence does not permit the installation of the Product:
    1. on more than one computer at any given time;
    2. on a system that allows shared use of applications;
    3. on a multi-user network; or
    4. on any configuration or system of computers that allow multiple users;
    5. unless you have a license for each separate computer on which the product is installed and run.
  9. You may not access or use for any commercial purposes any part of the Site or any Products available through the Site.
  10. You may not assign your rights and obligations under the Licence, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Products.
  11. You may not:
    • share the Licence, or contents of the Product, with others;
    • copy, install or use the Product on any system with more than one computer; or
    • permit the use, copying or installation of the Product by more than one user or on more than one computer;
  12. unless you hold multiple, validly, licensed copies.

  13. You may not:
    1. decompile, “reverse engineer”, disassemble, or otherwise attempt to derive the source code for the Product;
    2. broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Product or any part of the product
    3. post the Product or part of the Product on any website; or
    4. use the Product for commercial purposes other than any commercial purposes made known to and consented to by the Seller at or prior to ordering.
  14. You may not modify the Product, create derivative works based upon the Product, or use the Product to develop any product having the same primary function as the Product.
  15. You may not modify the Product or create any derivative work of the Product or its accompanying documentation.
  16. You may not copy any part of the product except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium.
  17. The Seller or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Product and all copies thereof.
  18. You will indemnify the Seller, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Product, including but not limited to, any modification by you of the Product which causes the Product to infringe the intellectual property rights of a third party.
  1. Prices, Fees and Charges
    1. The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, Seller reserves the right to change prices at any time before we accept an order from you.
    2. All prices shown on this Site are in Australian Dollars (AUD).
    3. You will ordinarily be required to supply payment information to the Seller (or an authorised billing representative of the Seller) upon ordering Products and/or registering to access the Site. This payment information may include, for example, credit/debit card or bank account details (Payment Details). All Payment Details supplied to the Seller will be retained and used by the Seller (or its third party payment provider) in accordance with these terms and conditions and the Seller’s Privacy Policy available on the Site.
    4. You must ensure that the Payment Details you supply are correct, complete and continually updated. Failure to pay a subscription Purchase Price when due may result your Licence and/or your account being suspended or cancelled. You agree to pay the Seller upon demand all the Seller’s fees, costs and expenses it occurs in connection with any failed payment, including the recovery thereof from you.
    5. In ordering any Products, you agree to pay the Seller the applicable price for the Products as outlined on the Site or as otherwise notified to you in advance of purchase (Purchase Price). You authorise the Seller (and/or any third party payment processor of the Seller from time to time) to charge and deduct the Purchase Price from you using the Payment Details:
      1. immediately upon accepting your order; and
      2. continually and automatically on an ongoing, recurring basis as displayed on the Site.
    6. Ongoing subscription payments will continue until terminated in accordance with these terms and conditions.
    7. All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated). 
    8. All amounts owed to the Seller under or in connection with these terms and conditions constitute debts due and payable by you to the Seller until paid in full.
  2. Your Obligations
    1. You covenant and warrant that:
      1. all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
      2. the person receiving, accessing or using the Products is authorised by you to do so;
      3. you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
      4. you will ensure that any log in information and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
      5. you will promptly notify us if you are or become aware that there is or has been an unauthorised use of account, or any other security breach relating to your account;
      6. you will promptly advise us of any changes to your information provided to us as part of any customer registration process;
      7. you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
      8. you are responsible and liable for any person that uses your user access details and/or password to order Products through the Site;
      9. you agree that we may charge you for all Products that we agree to supply to you that have been ordered by you or using your account through the Site; and
    2. You must not:
      1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
      2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
      3. make fraudulent or speculative enquiries, purchases or requests through the Site;
      4. use another person’s details without their permission or impersonate another person when using the Site;
      5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
      6. tamper with or hinder the operation of the Site;
      7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
      8. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
      9. modify, adapt, translate or reverse engineer any portion of the Site;
      10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
      11. reformat or frame any portion of the web pages that are part of the Site;
      12. create accounts by automated means or under false or fraudulent pretences;
      13. use the Site to violate the security of any computer or other network or engage in illegal conduct;
      14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
      15. use the Site other than in accordance with these terms and conditions; or
      16. attempt any of the above acts or engage or permit another person to do any of the above acts.
  1. Warranty and Liability
    1. Seller accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
    2. Where we are permitted by law (and subject to clause 16(a)):
      1. we do not warrant or represent the suitability of the Site or a Product for any purpose; and
      2. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
    3. To the extent permitted by the Australian Consumer Law any other law, our liability in connection with this agreement and the Products is limited to the price of the Products.
    4. To the extent permitted by the Australian Consumer Law any other law, you release and indemnify us in respect of all claims and losses in connection with this agreement or the Products, unless caused by our gross negligence.
    5. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
  2. Termination and/or Suspension
    1. The Seller may terminate any subscription and/or this agreement in its sole discretion at any time. Without qualifying the foregoing, the Seller may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account and any Products if the Seller suspects that you have committed a fraudulent act and/or you have, or you intend to, breach these terms and conditions.
    2. Any cancellation by the Seller in circumstances where you are not in default of your obligations under these terms and conditions will take effect at the conclusion of the then current Licence Term or billing period (as applicable).
    3. Any cancellation by the Seller in circumstances where you are either in material default of your obligations under these terms and conditions, or are in default of a non-material obligation which you fail to remedy within five days of being notified of the default by the Seller, will be of immediate effect.
    4. In the event a subscription, Licence and/or any agreement arising under or in connection with these terms and conditions is cancelled, the Seller may take such steps as it deems necessary to ensure you cease using or accessing, or having any ability to use or access, any Products, including but not limited to deactivating your Licence and blocking your access;
    5. You can cancel your subscription at any time by submitting a request in writing to admin@vivomarketing.com.au at least thirty (30) days prior to your next scheduled subscription renewal payment (being the expiry of your then current Licence Term or billing period (as applicable)). Requests received less than thirty (30) days prior to your next scheduled subscription renewal payment will take effect after that next payment is made.
  3. General Provisions
    1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
    2. This agreement is governed by the laws of the State of Victoria in Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
  4. Privacy Policy and Your Personal Information
  5. Refer to the Seller’s Privacy Policy available on the Site.

  6. Definitions
    1. Capitalised terms used are defined in these terms and conditions.
    2. In these terms:
      1. “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
      2. “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.