Website and Application(s) terms and conditions of use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR MOBILE APPLICATIONS AND RELATED WEBSITE.

This document sets out the terms and conditions ("Terms") of VivaViv (Pty) Ltd (VivaViv, we, our, us) pertaining to the access and use of the information, products, services and functions provided when utilising our application(s) (App / Apps / services) or by accessing and using our Website www.vivaviv.co.za (website / site).

Should any person ("you" or "user") making use of or accessing VivaViv’s services or website disagree with any of the Terms contained herein, you must refrain from accessing the Website and/or Apps.

A Supported is defined as a person who requires care and whose Personal Information is entered on the App in order for the User to utilise functionality in the App to better care for the Supported.

Parental or legal guardians’ advance authorisation, permission and consent to be bound by these Terms before purchasing any products or using any services on the website or applications must be obtained by any user who is under the age of 18.

1. Description of Services
Vivaviv.co.za offers various Services to help its users find, coordinate, and maintain quality care. Please refer to our Site for further information about the Services we provide.

2. Limitation of Services
We offer a variety of Services to help our users find, coordinate, and maintain care for their families and loved ones. However, we do not employ any Supporters. Clients are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws). Further, we do not have control over the quality, timing, or legality of the services actually delivered by Supporters, or of the integrity, responsibility or actions of Clients or Supporters and we neither refer nor recommend Clients or Supporters, nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Supporters or the integrity, responsibility or actions of Clients or Supporters whether in public, private or in offline interactions.

Through the in-app search functionality, we may provide Clients with a list of potential individuals that are registered with VivaViv. These individuals are responsible for providing their information on the app and it is the sole responsibility of the Client to verify such information through background and reference checks before appointing Supporters. Accordingly, we assume no responsibility for the conduct of, or quality of the services provided by such Supporters. Any issues concerning such Supporters, or their services, must be resolved by the Client directly with the individual Supporter.

Client and Supporter content is primarily user generated, and we do not control or vet user generated content for accuracy. VivaViv does not assume any responsibility for the accuracy or reliability of any information provided by Supporters or Clients on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee the accuracy of such information.

VivaViv is not responsible for the conduct, whether online or offline, of any Client, Supporter, or other user of the Site or Services. Moreover, VivaViv does not assume and expressly disclaims any liability that may result from the use of information provided on our Site and Apps. All users, including both Clients and Supporters, hereby expressly agree not to hold VivaViv (or VivaViv's officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter "Affiliates") liable for the actions or lack thereof, of any Client, Supporter or other third party or for any information, instruction, advice or services which originated through the Site or Apps, and, VivaViv and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

3. Your Account Information
Creating new accounts
VivaViv Apps provide personalized content and care experience. When you create an account, you are required to provide information about yourself, including but not limited to your name, email address and password (“Account Information“) as well as information of the person(s) requiring care.

VivaViv may use such collected information from time to time for the purposes of debugging customer support related issues to reset password, to reactivate your account, etc.

You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers, announcing new features, products, or services that may be available on our Site or via our Apps. You may choose to opt out of much of this email correspondence by using the unsubscribe links at the bottom of our emails. Please note that even if you opt out, we will continue to send you account-related emails, such as purchase confirmation and password reset emails.

We are entitled to treat any activity done through a User’s Account, or through an email address, phone number, or any other communication method or an individual associated with that Account, as having been actioned by the User – it is up to the User to maintain the security of his/her Account and mobile and computer devices.

It is your responsibility to ensure that the email address provided by you is kept up-to-date and that you have full access to it – we may send you important messages that need to be actioned. Should you provide an invalid email address or an email address that belongs to someone else, VivaViv may terminate your Account at any time without notice. The User shall immediately notify VivaViv of any actual or suspected unauthorized use of the User’s account or password.

Although we will not be liable for any losses caused by any unauthorized use of your account, you may be held liable for any losses suffered by VivaViv or such other parties as the case may be, due to any unauthorized use of your account.

Cancelling of accounts
While we hope our Apps have been useful, you may choose to cancel your Account at any time by emailing customer support team at info@vivaviv.co.za and subsequently uninstalling the apps. You may be asked to provide further proof that you are the holder of the Account. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from creating another Account. Where an Account is cancelled or terminated, we are entitled to close the Account and are entitled (but not obliged) to delete all Media and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these terms, and the rights granted to us under these terms shall not be terminated as a result.

Restrictions and Prohibited Uses of Accounts
VivaViv is used by people worldwide, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. We reserve the right at any time and without notice to suspend your Account should you attempt or perform any of the following. Stated reasons include but are not limited to:

• Attempt to impersonate another person or use another person’s VivaViv account information without authorization;
• Use or distribute VivaViv for your own scientific or clinical research purposes;
• Violate or attempt to violate VivaViv’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of VivaViv systems and networks;
• Redistribute, decompile, reverse engineer, publish, or copy VivaViv website or apps;
• Use VivaViv for the purpose of creating a product with a substantially similar look, feel or design;
• Access or search VivaViv by any means other than our publicly supported interfaces (for example, “scraping”);
• Interfere with others’ use of VivaViv site or apps
• Use VivaViv or any trademarks, feature names, trade names, service marks, copyrights, or logos of VivaViv, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
• Violate any third party’s rights, including intellectual property or privacy rights;
• Threaten, stalk, harm, or harass others; or engage in activity that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Users are also prohibited from:

• Copying, duplicating or sharing in any manner any of the VivaViv content or other information available from the site or apps;
• making any unsolicited communications to other Users;
• intentionally submitting on the site or apps any incomplete, false or inaccurate information.
• Disclosing or sharing any medical information obtained by use of the site / apps. All such information must be treated as confidential.

Engaging in the prohibited use of the Site and / or apps is grounds for immediate termination of your VivaViv account and may also subject you to civil or criminal penalties or charges.

4. Your Content
Certain VivaViv features may require you to upload the Supported’s medical history, upload the Supported’s schedule, upload media files and to regularly monitor the Supported’s wellbeing. We treat this medical data, media, or any other content (the “Information“) added by you with great sensitivity. VivaViv may allow you to share this Information or any other content via VivaViv apps to doctors, family or other Users. By sharing this Information, you confirm that you have the Supported’s or Supported’s legal guardian’s consent to share the Information. VivaViv will not be held responsible for the acts or omissions that may occur as a direct result of the sharing of this Information.

Your Information is never visible to any other Users or doctors on our website or apps and will not be provided to any third parties unless authorised by you.

In the event of account termination, either by the User or by VivaViv, the User Information may be archived/retained for our records or as otherwise required by law. In such an event, access to User Information will be revoked and it is the responsibility of the User to keep back-ups of all User Content, including backup copies of Information. We do not undertake nor guarantee to keep your Information and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Information or any User Content.

During your service with us, we will take every measure to protect your Information by doing nightly data backups on our servers. However, we have no liability to you should any User Information or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).

If we actively decide that we are to cease hosting Information or other User Content, or to provide the VivaViv service, we will give you notice (of at least one month) to permit you to make alternative arrangements.

Certain VivaViv App functionality may allow you to post or submit content and materials for use on VivaViv Apps or Services (“Your Content”) either now or in the future. You are responsible for Your Content, and acknowledge that once submitted, we cannot always remove it.

5. Statistical and analytical purposes
We collect additional information about how you use and access our Site and Apps.

Such information is collected to analyse trends, administer our Site and Apps, track users’ navigation on the Site or use of the Apps, and gather broad demographic information for aggregate use, which enables us to improve the Site or Apps by making these more accessible and easier to navigate and use. For example, we may automatically receive and record

information in our server logs from your browser, including your IP address (the Internet address of your PC or Mobile), your computer/mobile name, the type and version of your Web browser, referrer addresses, your mobile device type and other generally accepted log information. IP addresses are not linked to Personal Information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Site and Apps are being used.

6. Intellectual Property
We are the owner of all intellectual property rights in the material and data on our site, subject to the provisions in the Your Content section (see above). Such rights include, but are not limited to:

• registered and unregistered trademark rights protecting our business and trading names;
• database rights protecting the data published on our site and apps;
• copyright and design rights in the text and graphics on our site and apps; and

You must only use the materials and/or data on our site and apps for personal and non-commercial purposes and in accordance with the terms below.

We expressly prohibit any third party from gathering, extracting, reproducing and/or displaying any material or data on or from our site, regardless of how such material or data is obtained (e.g. by the use of spiders or other ‘screen scraping’ software or system used to extract data) or the reason it is obtained. If you print off, copy or download any part of our site or apps or use the data on our site or apps in breach of these terms of use, your right to use our site or apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, and delete the data from any medium in your possession, custody or control. You may also be exposed to a possible claim for damages for breach of intellectual property rights and/or contract. We expressly reserve all rights in this regard.

You agree to indemnify and hold us harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to your use of our site or apps or your breach of the provisions of these terms.

The agreement under this Clause 6 will survive any termination of these terms or any cancellation, suspension or lapse of the relevant Account.

7. International use of VivaViv
You must ensure that you comply with the laws that apply to you and your use of VivaViv site and apps, including User Content, and the Information that may be viewed through VivaViv apps. That use may be prohibited or restricted in various jurisdictions. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Site and Apps (collectively, ” VivaViv Content”), are the property of VivaViv and the User shall not modify the VivaViv Content or reproduce, display, publicly perform, distribute, or otherwise use the VivaViv Content in any way for any public or commercial purposes or for personal gain.

8. Privacy
Our privacy policy (available at https://vivaviv.co.za/privacy-policy) the ways we gather, use, disclose, and manages all User Content and Information. By using or accessing VivaViv Apps, site or services, you give your consent to be bound by our privacy policy. If you do not agree to our privacy policy, you must cease to use the site, apps and services of VivaViv. Users shall not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect Users information, including email addresses, without their express consent. No User shall use any information regarding other Users that is accessible through the Services except as expressly permitted by these terms. Upon becoming aware of a breach of the foregoing matters, VivaViv may modify or delete parts of your profile information at its sole discretion with or without notice to you.

9. Medical Advice
We do not offer medical advice or diagnoses, nor engage in the practice of medicine. Although, we position ourselves as a digital assistant for the Supported and their Supporters, and doctors, our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and our Services are offered for informational purposes only. You are advised to always seek the advice of your doctor or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Service. In addition, we will not be held responsible for any such delay.

You are solely responsible for any decisions or actions you take based on the information and materials available through the Service. Reliance on any information provided by us or in connection with the Service is solely at your own risk.

The Client agrees that all information provided by them regarding the Supported’s medical condition, medication and treatment and care was obtained by advice from a doctor or other qualified health provider.

You agree to contact your primary doctor or other qualified health provider immediately should Your / the Supported’s condition change or symptoms worsen. In event of a medical emergency or if You / the Supported requires urgent care, you agree to contact your local emergency services immediately.

10. Affiliated businesses and Third party partners
In certain situations, third party partners may provide services to you through the Services (either alone or jointly with us), for example, Google Mapping API to plot the Supported’s location.

We will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. VivaViv shall in no way part with your sensitive Personal Information with the third party or partners without your express consent. We have no control over the policies and practices of third-party websites or software as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

11. VivaViv Operation
We reserve the right to withdraw or modify all or part of VivaViv Apps, Site, or Services where we have legal or commercial reasons to do so. There may be times when the operation of VivaViv is adversely affected, or VivaViv becomes inaccessible, as a result of technical difficulties experienced by VivaViv, on the Internet or other communications networks, or other matters that are beyond our control. We cannot guarantee continuous, uninterrupted or secure access to VivaViv or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of VivaViv site or apps. For security or other reasons, we may require you to change your password or other information, which facilitates access to VivaViv; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

12. Liability
We use reasonable care and skill to provide VivaViv in accordance with our specifications, but we cannot and do not guarantee that VivaViv will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content, including timely delivery of Reports placed on or made available through VivaViv.

We do not warrant or guarantee that the Service will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Service.

We shall have no obligation, duty or liability whatsoever in contract, leading to any accident or damage resulting from use of the resources or any other information provided by its site or apps. You are solely responsible for the understanding of and proper use of the provided resources.

We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these terms. Nothing in these terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

• for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or
• for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising.

Except as expressly stated elsewhere in these terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, VivaViv will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these terms caused by matters beyond our reasonable control. The provisions of this Clause 12 shall survive the termination or expiry of these terms.

Although we take reasonable measures to keep the Service free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Service such as User generated content will be free of such contaminations.

The Services are offered on an “as is” basis and used by You solely at your own risk. All information provided by the Users in connection with the Services shall be used to provide services and features to the User. We shall make no effort to validate any information provided by the User for use in Services with respect to content, correctness or usability. Use of our Services require basic familiarity with the Internet, World Wide Web, Smart Phone/Tablet, and have basic understanding of care management. The User is expected to possess the necessary internet and usage skills and knowledge to utilise our Services.

The Services require a stable internet connection in order to function and App functionality is not available offline.

13. Indemnity
You agree to indemnify VivaViv against all liabilities, claims and expenses that may arise out of or in connection with any:

• breach of these terms by you or through your Account; or
• User Content associated with you or your Account.

14. Entire Agreement
These terms are intended to contain your entire agreement with us relating to your use of and access to VivaViv; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to VivaViv.

15. Changes to these Terms
We reserve the right to change these terms from time to time and post the new version on VivaViv site. The new version of these terms will take effect:

• commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these terms which is capable of adversely affecting you; or
• immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you – examples of which would include, without limitation, (i) changing the name of, and/or the web-address (www.vivaviv.co.za) that you use to access, VivaViv, and (ii) the refinement of provisions that are already included or referred to in these terms.

In either case, if you do not wish to be governed by the new version of these terms, you must cease to use the Services and Apps. For the avoidance of doubt, we will not have any liability to you in that event.

16. General
If any part of these terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party, which exists or is available.

Contact Information
If you have any questions or need further information as to the Site or Services provided by VivaViv, or need to notify us of any matters relating to the Site or Services please contact VivaViv at:
info@vivaviv.co.za
Tel:(+27) 82 552 7056

Back