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When you buy the annual VIVA service package from Voltaire Advisors, your purchase will be subject to the terms and conditions below.
1.1 Your contract will be fulfilled by Voltaire Advisors LLP a company registered in England and Wales under registered number OC398630, and whose registered office is at No.1 Poultry, London, EC2R 8JR.
2.1 The VIVA service is a multi-user subscription service. The subscriber must provide a main contact name, business name, postal address and email address together with a credit or debit card, or purchase order details and authorization to deduct payment or invoice you.
2.2 When we have received your Typeform application we will send you written confirmation (your “Order Confirmation”), and a legally binding contract is formed on the date we do so. We will not be responsible if you do not receive the Order Confirmation because you have supplied us with an incorrect email address.
2.3 In order to fulfil your order for each user within a multi-user subscription you must provide their names and email addresses.
2.4 During your subscription term you may add new users to your multi-user subscription for no additional fee by emailing us at [email protected]. New users will have access to our content for the remainder of your subscription term.
3.1 We normally take payment by credit card on submission of an order. But, if we agree to invoice instead, the invoice will become due for payment 7 days from the date on the invoice. If no payment has been made after 7 days, we reserve the right to suspend the subscription service until we are in receipt of cleared funds. You will remain liable for the full amount on the invoice. You acknowledge and accept that we shall be entitled to charge interest on any outstanding balance owed to us accruing on a daily basis from the date that the invoice became due for payment.
3.2 We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorization by your payment card issuer. Where we do not accept or process your order we will notify you in writing and where your credit card or debit card has already been debited, we will refund your payment within 30 days.
3.3 We reserve the right not to fulfil, and to cancel, orders if we are unable to obtain payment authorization from the issuer of your payment card or check, or in the event of obvious inaccuracies in prices, or if sanctions are imposed on your country of residence or the country where you access or receive our content.
4.1 You acknowledge and accept that we have the right to use your company name as part of on-going marketing and public relations for our VIVA service. These announcements will not be disparaging or otherwise adverse to your business.
5.1 To ensure people in your organization have uninterrupted access to our content, your subscription contract shall automatically renew for 12 months at the beginning of each calendar year (“Renewal Date”) unless we receive prior notice of cancellation at least 60 days before the Renewal Date.
5.2 We shall be entitled to increase the subscription fee by an amount equal to the then current Retail Prices Index with effect from each Renewal Date. We shall give you 90 days prior written notice of any other price increase.
6.1 You shall, and shall ensure that your users shall keep secure any private links used to access our content. You shall immediately notify us of any known or suspected unauthorized access to our content of which you are aware, or if any of your users shares their user links with any unauthorized person. We reserve the right to suspend access to content if we suspect access details have been shared with a non-subcriber third party, pending investigation.
6.2 We agree to take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data of your users and against accidental loss, destruction or damage to such personal data, where personal data has the meaning given to it in the Data Protection Act 1998.
7.1 All subscription contracts run from the Order Confirmation date until the end of each calendar year, including subscriptions which begin with introductory rates.
7.2 You may cancel your subscription by giving us prior notice at least 60 days before the Renewal Date.
7.3 We may terminate your subscription immediately without a refund if you breach any of these terms and conditions.
8.1 We provide access to content through our websites, apps, or mobile sites using the email address/es you provide at the time of registration. We will use reasonable endeavors to provide reliable access to our content, but we do not undertake or warrant that access will be uninterrupted. From time to time, we may temporarily suspend all or part of the content for (a) emergency repair, maintenance or improvement without notice; and (b) scheduled support and maintenance on notice to you.
8.2 In the case of a multi-user subscription, it is the responsibility of the main contact at the subscriber organization to notify us of any changes to contact details of users across the entire account.
9.1 We will not be liable to you for any delay in delivery or non-delivery of your subscription in the following circumstances: (a) where your bank or the issuer of your payment card or check refuses to authorize payment to us; or you have not paid by the due date when you have been invoiced; (b) if sanctions are imposed on your country of residence or the country where you access or receive our content; and/or (c) where such delay or non-delivery is due to circumstances beyond our reasonable control (or the reasonable control of our sub-contractors and agents), including but not restricted to, war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, failure of postal services, fire, flood, government act, act of God, legislative constraints, strikes, labor disputes or malicious damage involving employees.
10.1 From time to time we will run subscription offers. These offers may be available to specific individuals or organizations only and this will be stated on the offer. If responding to an offer, clearly quote the relevant offer code at the time of ordering. We accept no liability and may not accept your order if you do not quote the relevant offer code.
10.2 Offers are subject to availability and orders must be placed before the offer closing date.
11.1 All rights in the digital content are owned by us or our licensors. You may use the content for your own requirements in the course of your business and you may disclose reasonable extracts of the content provided that Voltaire Advisors is credited in all publications as the source of and owner of the copyright in the content.
11.2 We use reasonable endeavors to ensure that all content is accurate and up-to-date at the time of publication, but all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.1 Subject to Clause 12.2 we are not liable, whether in contract, negligence or other tortious action or otherwise arising out of or in connection with these terms and conditions, your subscription and our publication of any digital content: (a) for any loss of profits, loss of data, loss of revenue or loss of goodwill; (b) for any indirect, special, economic and consequential damages, claims, losses, costs or expenses of any kind; or (c) in excess of the total subscription fee payable by you in respect of the 12 months preceding the relevant claim.
12.2 Our exclusions of liability shall not apply to (a) any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents; (b) fraud or fraudulent misrepresentation; and (c) any other liability which cannot be limited or excluded by applicable law.
13.1 You warrant that you shall: (a) comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010; (b) comply with such of our anti-bribery and anti-corruption policies as are notified to you from time to time; and (c) promptly report to us any request or demand for any undue financial or other advantage of any kind received by or on behalf of you in connection with the performance of these terms and conditions.
13.2 Notwithstanding any other clause in this agreement, breach of this Clause 13 shall be deemed a material breach of these terms and conditions.
14.1 We reserve the right to change these terms and conditions at any time by posting changes on the VIVA website. It is your responsibility to refer to these terms and conditions when accessing the VIVA website. For current subscribers, each change shall be effective on the start of the next Renewal Date and provided the change took place at least 90 days before the next Renewal Date.
14.2 These terms and conditions (together with any documents referred to herein or required to be entered into pursuant to these terms and conditions) contain the entire agreement and understanding between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these terms and conditions and any such document.
14.3 You accept that communication with us may be electronic. We may contact you by e-mail or provide you with information by posting notices on the brand's website. You agree to this electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing.
14.4 You acknowledge that in placing an order you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these terms and conditions.
14.5 You may not assign, sub-license, sub-contract or otherwise transfer to any third party (including any group company) your rights and/or obligations under these terms. We may assign, sub-license, sub-contract or transfer our rights to any third party at any time.
15.1 These terms and conditions are governed by, and shall be interpreted in accordance with, the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
16.1 We use any personal and transactional information (e.g. name, address, e-mail address, telephone number, debit or credit card details) you supply to us in order to fulfil your subscription, and to contact you to keep you up to date with important information about your subscription.
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