TERMS
OF USE

Terms and Conditions

Viva General Trading SPC, a company organized and existing under the laws of Sultanate of Oman (referred to herein as “Viva”, “we”, “our” or “us”) operates the physical Viva stores (hereinafter referred as “In-store(s)”) and internet website https://myviva.com/ (or any successor site) and its related sub-domains, mobile application/app, other digital platform, sites, services and tools (collectively referred as “Website”). The Website and In-stores are provided to enable you to go through promotional campaigns, browsing products, purchase, and receive products, goods, and services offered for sale by Viva (“Product(s)” and “Services”). By accessing the Website or purchasing through In-stores, you acknowledge and agree that the Website and In-stores are made available as a service for your convenience and use. Viva reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website.

These Terms and Conditions govern your access to and use of the Website, as well as your purchase of Products from In-stores, you agree to these Terms and Conditions and its policies. Please read them carefully as they affect your rights and liabilities under the law.

NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY VIVA TO THE CONTRARY, YOU SPECIFICALLY AGREE TO THE TERMS SET FORTH BELOW.

1. Terms and Conditions

1. These Terms and Conditions (the “Terms”) are between Viva and you as an end user of Viva’s Website or In-stores. Changes in law or changes in Viva’s business may require changes to be made to the Terms from time to time (“Revised Terms”), so Viva encourages you to review the Terms periodically for any such changes. It is your responsibility to carefully read, agree with and accept the Terms and Website’s Privacy Policy (the “Privacy Policy”) on each occasion you use the Website, and your continued use of the Website shall signify your acceptance to be bound by the latest Terms. If you do not agree to (or cannot comply with) any of the Terms and or the Privacy Policy, do not use this Website.
2. If you opt to register with the Website or In-stores, then at the time of registration, as a Registered User, you must carefully read these Terms and accept them. Each time a change is made to the Terms, you as a Registered User, will be prompted to accept the Revised Terms before you can proceed with your next purchase of Products on the Website or In-stores, where such online purchasing functionality is made available by Viva in the relevant country.

2. User Conduct and Content

1. You agree to comply with all legal requirements of the applicable jurisdiction(s) with regard to your use of the Website and In-stores, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same.
2. The Website and In-stores may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information (“User Content”) on or through this Website by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website or In-stores. You warrant that any such User Content submitted by you to us or the Website is original (and does not infringe the intellectual property rights of others), and you hereby grant Viva a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and license to use such User Content however Viva desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any moral rights in such User Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to law.
3. Viva will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. Viva is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content.
4. You agree that any User Content submitted by you to us or the Website will not violate the Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5. Viva does not regularly review posted User Content but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website or In-stores. You grant Viva the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make and you agree to indemnify Viva and its affiliates for all claims resulting from any User Content you submit. Viva and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.

3. Account and Registered User

1. In order to purchase any Products on the Website, you may either register and create an account secured by a password (the “Account”) or submit your order without creating the Account i.e. as a “Guest” or (iii) purchase Products In-store and create an Account through our point-of-sale (POS) systems or any other system, as maybe applicable. Any Account so created is personal to you, and you may not transfer it to another person. Your registration or order (in case of Guest) shall be complete after you accept the Terms. The Terms will apply each time you submit an order for any Products on the Website or In-stores.
2. Single Sign-On: Our Website offers a single-sign-on for worldwide participating websites and online platforms of Viva and its affiliated companies currently comprising of www.maxfashion.com, www.lifestyleshops.com, www.homecentre.com, www.splashfashions.com, www.babyshopstores.com, www.centrepointstores.com and www.shoemartstores.com (jointly or severally referred as “Participating Website”, as the context so require). The number of Participating Website may also vary in the course of time. After a one-time registration on one of the Participating Website, you can sign on (login) to each of the Participating Website with uniform credentials, without having to go through a separate registration and sign-on process each time (“Single Sign-On”). Single Sign-On provides a single identity – the basis for Participating Website you wish to use recognizing and verifying you. Further after logging into any of our Participating Website you can easily visit all of our Participating Website through links in the Participating Website.
3. If you register and create an Account on Website or Instore, you are a “Registered User”. To become a Registered User or to submit an order for any Products on the Website as a Guest, you must be of competent age under the applicable law, and must provide true, accurate, current, and complete in all respects information about yourself (including name, date of birth, email address, credit card details, and other details) as requested during the Account creation process or at the time of submission of the order on the Website as a Guest. If you are under the age of competency in the relevant jurisdiction, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms on behalf of a person under the age of competency, you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur. Viva reserves the right to refuse service, terminate Accounts, or cancel orders at their sole discretion.
4. By registering as a Registered User and using the Website, you warrant that the information provided by you in the course of the registration process or in the course of submission of order for any Products on the Website or In-stores, or as a Guest is true, accurate, current, and complete in all respects and you undertake to ensure that such information is kept up-to-date and agree that such information shall be treated as per the Privacy Policy.
5. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your personal computer or electronic or other mobile or wireless device, and you agree to accept responsibility for all activities that occur under your Account or password. Viva assumes no liability to any person for any loss or damage which may arise as a result of any failure by you in protecting your password or Account. If Viva has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to us.

4. Services; Order, Pricing and Payment

The below provisions relating to purchasing shall apply where Viva makes online ordering or purchasing functionality available on Website and In-stores:

1. The Services shall include: (i) The provision to you of the Website to purchase any Products; (ii) Procuring a logistics company experienced with collection and transportation to deliver your purchased Products to you (“Logistics Supplier”), whether it’s a Website or In-stores purchase.
2. You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed in Omani Rials.
3. Viva may not accept your order for Products if (a) the item/s is/are out of stock; (b) Viva is unable to obtain authorisation for your payment; (c) shipping restrictions apply to a particular Product; (d) Viva finds a Product or pricing error; or (e) for any other reason at Viva’s sole discretion. In any of these situations, Viva will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.
4. There may be errors in transmission resulting in the interruption of your purchase, you agree to cooperate with Viva to resolve such issues, and you agree that Viva shall have full discretion to determine the appropriate resolution in such cases.
5. All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorise payment, Viva will cancel your order and contact you for an alternative method of payment. Viva cannot be held responsible if this should result in a delay in dispatching your goods/Products.
6. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.
7. Certain orders may constitute improper use of the Website and its Services. Viva reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Viva’s sole discretion.
8. In the event that a Product is listed at an incorrect price due to an error in pricing, Viva shall have the right, at Viva’s sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, Viva may, at Viva’s discretion, either contact you (or, for In-stores purchase of Products, verbally inform you at the point of sale) for further instructions or cancel your order and notify you of such cancellation.
9. Viva will use reasonable endeavors to provide you with attractive prices on the Website as well as In-stores, however, sometimes the price online will not match the price in a store.
10. Viva reserves the right, at its sole discretion, to limit the quantity of items purchased per person per household or per order through Website, as well as In-stores. These restrictions may be applicable to order placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.

5. Shipping

The below provisions relating to online purchasing shall apply only where Viva makes online ordering or purchasing functionality available on Website.

1. For Viva to arrange to deliver any Products that you have purchased to you, you shall be solely responsible for providing the correct and accurate postal details.
2. Risk of loss and title for the Products that you purchase on the Website pass to you upon delivery of your purchased Products by the logistics supplier.
3. Viva is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.
4. All items are quality controlled and checked for any faults before they are dispatched to you. Should you receive an item that is not in perfect condition please contact us immediately at info@myviva.com, and arrange for the faulty Product to be returned to us.
5. Please note that unless otherwise stated on the Website, delivery dates are just estimates. They are not guaranteed delivery times and may differ despite our best efforts.

6. Replace or Return

Viva wants you to be pleased with your purchase, and so if for any reason you are not completely satisfied, Viva will refund your purchase within the applicable period prescribed by law or as otherwise set out in Viva’s Replace or Refund Policy. Please go through Viva’s Replace or Returns Policy available here.

7. Privacy

In the course of your use of the Website and access to our In-stores, we will collect certain information from you (the “Information”) which will be dealt with in accordance with the Privacy Policy. For avoidance of doubt, the CCTV cameras installed on In-stores are merely for monitoring safety and loss prevention. Please go through the Privacy Policy available on the Website for more details.

8. Disclaimer of Warranties

1. To the fullest extent permissible by law, Viva does not warrant that the Website or any of the Services or Products available through it or In-stores will be uninterrupted or free from errors. There may be delays, omissions, interruptions and inaccuracies in materials or Services available through the Website / In-stores or that the Services will meet any particular criteria of performance or quality.
2. Viva makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Website / In-stores or Services available through it.
3. Although Viva intends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, Viva does not represent or warrant that the Website, or Services, features or materials that may be available through the Website, are free from such destructive features. Viva is not liable for any damages or harm attributable to such features.
4. Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. Viva does not warrant and cannot ensure the security or confidentiality of any information you transmit to Website. Accordingly, any information you transmit to Website is transmitted at your own risk.
5. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS WEBSITE AND THE SERVICES ARE PROVIDED BY VIVA ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE/ IN-STORES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, VIVA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE VIVA WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
6. PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE OR IN-STORES IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT’S MANUFACTURER/SUPPLIER. AT TIMES, MANUFACTURERS/SUPPLIERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEBSITE OR IN-STORES, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER/SUPPLIER. VIVA ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER’S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY VIVA.

9. Limitation of Liability and Indemnity

1. Nothing in these Terms is intended to affect your rights under law. The use of the Website or any of the Services or Products (purchased through Website or In-stores) is at your own risk, and unless otherwise stated in these Terms, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or Products.
2. By using the Website or purchasing Products In-stores, you agree, to the fullest extent permitted by law, to indemnify and hold Viva, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or any of the Services or In-stores purchase, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or the Services or purchasing Products In-stores, or any action taken by Viva as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree to defend, indemnify and hold harmless Viva and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or In-stores purchase or any breach by you of these Terms.
3. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL VIVA OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF VIVA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OF OR INABILITY TO USE THE VIVA’S WEBSITE; (II) YOUR USE OF OR RELIANCE ON THE WEBSITE, ANY INFORMATION, HYPERLINKS OR CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; (III) YOUR PROVISION OF INFORMATION, PERSONAL OR OTHERWISE, TO VIVA; (IV) THE PROVISION OF SERVICES BY VIVA; OR (V) ACTS OR NEGLIGENCE ON THE PART OF VIVA (VI) YOUR INSTORES PURCHASE OF PRODUCTS. IN NO EVENT WILL VIVA BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

10. General and Other Terms

1. Any links or references to other internet websites (“hyperlinks”) contained on the Website are provided by Viva merely as a convenience to you and other users of the Website, and Viva is not responsible for the content or operation of any such linked sites, or liable, directly or indirectly, for the privacy practices or the content of such linked sites. Any hyperlinks to such linked websites should no way be construed as an endorsement, representation(s) or promotion by Viva as to the content, representations, accuracy, products or Services found or otherwise described in such linked websites. Use of these linked websites is done at your own risk and consequences.
2. Except as otherwise expressly stated, Viva owns/has control or has licensed the copyright, trademark and all other intellectual property contained on the Website and In-stores, including but not limited to all text, images or links. All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to Viva unless otherwise noted. The Marks on the Website and In-stores are variously protected by the laws of Oman and other countries. No use of any of these Marks may be made without the prior, written authorisation of Viva, except for the sole purpose of identifying the Products or Services originating from Viva. Viva expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website or In-stores. Access to this Website or In-stores do not confer and shall not be considered as conferring upon anyone any license under any of Viva’s or any third party’s intellectual property rights. Access to this Website or In-stores do not authorise anyone to use any name, logo or mark in any manner.
3. You may not copy, reproduce, republish, modify, distribute, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, use for commercial purposes any of the materials and make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You further agree not to adapt, alter or create a derivative work from the Website content except for your own personal, non-commercial use. Any other use of the Website content is strictly prohibited and requires prior written permission from Viva.
4. Viva reserves the right to correct any errors or omissions on the Website and In-stores, and to improve the content at any time without notice. If you rely on the Website, and any materials or Services available through it and In-stores information, you do so entirely at your own risk. Furthermore, Viva reserves the right to alter, limit or discontinue the provision of any of the Services contained in this Website at any time without prior notice to you.
5. Viva may terminate or suspend your access to all or part of this Website (including promotional or marketing campaign) without notice, for any conduct that Viva, in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of the Viva or a third party. Notwithstanding such termination or suspension, you will continue to be subject to clauses 2.2, 2.3, 2.4, 8, 9, 10.b, 10.c of these Terms. Except as otherwise expressly stated in these Terms, Viva shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.
6. The Website and its contents, including Product information, pricing, promotions, inventory data, images, text, customer reviews and other materials, may not be accessed, monitored, copied, extracted, harvested, scraped, crawled or otherwise collected by any individual, company, organization, competitor, affiliate, agent, contractor or other third party, whether manually or through automated means including robots, spiders, bots, crawlers, artificial intelligence (AI) tools, scripts, software applications or similar technologies, without the prior written consent of VIVA. Any large-scale, systematic or repeated collection, extraction, reproduction, storage, analysis, aggregation, commercialization or use of Website data for competitive, commercial, benchmarking, research, training, AI model development or any other unauthorized purpose shall constitute a material breach of this Terms and Conditions. VIVA reserves all rights to investigate such activities and may, without limitation, suspend or block access, terminate accounts, seek injunctive relief, recover damages and pursue any other legal or equitable remedies available under applicable law against the responsible party and any person or entity acting on its behalf.
7. Customers are responsible for reviewing Product descriptions, ingredients, allergen information, expiry dates, best-before dates, Product condition and suitability prior to purchase and consumption. Due to the nature of perishable goods, including fresh produce, bakery items, dairy Products, chilled Products, frozen Products, meat, poultry, seafood and ready-to-eat meals, VIVA shall not be responsible for any deterioration in quality, freshness, taste, texture or condition resulting from improper transportation, storage, handling, preparation or use after purchase. Product images, packaging, ingredients, nutritional information, allergen warnings and other Product information are supplied by manufacturers and may be amended from time to time without notice. Customers with allergies, sensitivities or specific dietary requirements are solely responsible for reviewing Product labels and packaging prior to consumption. All Products are sold subject to availability and may vary between In-stores and countries. Unless otherwise stated, the prices displayed in the relevant In-stores at the time of purchase shall apply. Prices, promotions and offers may vary between In-stores and countries. VIVA reserves the right to correct pricing, labelling or system errors, substitute Products where applicable, and refuse claims that cannot be reasonably verified. To the fullest extent permitted by law, VIVA shall not be liable for any loss, damage or dissatisfaction arising from improper handling, storage, use, Product availability, manufacturer changes or circumstances beyond VIVA’s reasonable control after the Product has left the store premises.
8. Promotions, discounts, campaigns and special offers are subject to their specific terms and conditions, including applicable criteria, valid periods and stock availability. Unless expressly stated otherwise, promotions are available only while stocks last and may vary between In-stores and countries. Viva reserves the right to amend or suspend or withdraw any such promotion at any time to the extent permitted by applicable law.
9. In the event that of the Product sold by VIVA becomes subject to a manufacturer recall, regulatory recall, food safety alert, Product withdrawal, contamination concern, labelling error, allergen warning, quality issue, or any other safety-related concern, VIVA may, where reasonably practicable and subject to applicable law, contact affected customers using the contact details provided at the time of purchase. Customers may be requested to immediately stop using, consuming, selling or distributing the affected Product and to follow any instructions issued by VIVA, the manufacturer, supplier or applicable regulatory authority. VIVA reserves the right to remove, withdraw, quarantine or stop the sale of any Product at any time where it considers such action necessary for health, safety, quality, legal or regulatory compliance reasons. To the fullest extent permitted by law, VIVA shall not be liable for any indirect, consequential, special or incidental loss arising from a product recall, withdrawal or safety notice, except where such liability cannot be excluded under applicable consumer protection laws.
10. If you breach any of these conditions your access to In-stores or the Website will terminate or be restricted immediately without the necessity of any notice being given to you. The provisions of these conditions excluding, limiting and disclaiming the liability of VIVA will nevertheless survive any such termination.
11. Viva may use cookies, or other technologies, on this Website. Cookies are small files or records that Viva may place on your web browser for collecting information about your activities on the Website, preparing reports, assessing trends, and otherwise monitoring the way in which the Website is being used. This is intended to enhance convenience for you, and to assist Viva to run an efficient operation. By accepting these Terms, you confirm your consent to Viva’s use of cookies, and other such technologies, for these purposes.
12. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or Services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
13. You understand that by using this Website or any Services provided on the Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that Viva and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
14. You acknowledge that certain products purchased through In-stores or Websites may subject to the applicable customs, export control laws and regulations of Oman and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, receiving or using such products, you agree to abide by the applicable laws, rules and regulations.
15. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this Website.
16. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect. The failure of Viva to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Viva’s rights with respect to such breach or any subsequent breaches.
17. Your unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
18. The Terms shall be governed by the laws of the relevant country in which your personal information is registered with Viva (“the applicable territory”). For the avoidance of doubt, the relevant applicable territory may only include those countries in which Viva operates In-stores or the Website as the case may be. The exclusive jurisdiction for any claim, action or dispute with Viva will be in the appropriate courts of the applicable territory. If any portion of the Terms is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, the remainder of the Terms shall not be affected.
19. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Viva as a result of your use of this Website.
20. A reference to the Website in these Terms includes the website URL https://myviva.com/ and any successor website URLs.
21. These Terms (i) constitute the entire agreement between you and Viva with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, (ii) will be governed by the laws of the relevant country in which your personal information is registered with Viva (“the applicable territory”). For the avoidance of doubt, the relevant applicable territory may only include those countries in which Viva operates In-stores or the Website as the case may be. The exclusive jurisdiction for any claim, action or dispute with Viva will be in the appropriate courts of the applicable territory. (iii) may not be amended, terminated or waived orally, and (iv) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by you. Any terms of these Terms that may be invalid will not affect the validity of enforcement of the remaining valid terms of Terms.
22. If you do not agree to (or cannot comply with) any of these Terms, do not use this Website.
23. Viva shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or Services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the internet or any third party internet service providers.