Terms and Conditions
Last updated: July 8, 2022. Any changes to these Terms & Conditions will be posted on this page.
These Terms and Conditions (“Terms”) constitute an agreement between you, the user, and VIV PTE. LTD. (“VIV”, “we”, or “us”). These Terms govern your access to and use of the website located at https://www.viv.com/ (the “Website”) and related mobile applications when they go live (the “Platform”), including any content, functionality, and services offered on or through the Platform, and any of our other products or services (collectively, the “Services”), whether or not you register as a user.
By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://docs.viv.com/docs/privacy_policy/ incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with VIV. If you do not meet these requirements, you must not access or use the Services.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures, and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.
I. Overview of the Services
Introduction to VIV's features and services.
VIV’s technology acts as a non-custodial platform that provides easy-to-use smart contract templates, allowing its users to exchange value without any brokers or counterparty risks. Users interact directly with a smart contract and decide on the terms of the trade. The right to access and use the Services is strictly revoked in jurisdictions where these Services, in part or in full, are be prohibited by law.
1. User Accounts
a. If you want to create an account, you will be asked to provide certain registration details or other information, such as a password, email address, and other information. Your registration details and other information may not be an impersonation of another person, be a term that is the same or confusingly similar to a famous trademark not owned by you, or be a term that is offensive in any way. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with or use the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
b. Any and all communications from us may be provided to you via electronic mail at the address you provided when accessing the Services. VIV shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with your use of Services so long as such notice is provided to such email address.
c. You agree to keep your password confidential and to protect your account. You agree to notify us immediately of any unauthorized access to your account or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.
d. You understand that VIV provides Services over the Internet, that such connections can be unpredictable, insecure, and unstable, and that VIV cannot guarantee uninterrupted access to the Services. VIV disclaims all liability in connection with any security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against VIV in connection therewith.
e. We are constantly changing and improving our Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend or stop a Service altogether, including, for example, if you do not comply with these Terms or if we are investigating suspected misconduct. You can stop using our Services at any time. We may also stop providing Services to you, add, or create new limits to our Services or restrict your access to all or a part of the Services at any time without notice or liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
2. Wallets
a. You must either import or create a non-custodial wallet (“Wallet”) in order to use VIV. When you create a Wallet, you will be assigned a private key. You will be prompted to save your private key encrypted with a 12-word phrase (“Recovery Phrase”). You will be responsible for maintaining the confidentiality of your private key and Recovery Phrase, and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password, account, or any other breach of security.
b. Risks related to the use of VIV Wallet. VIV will not be responsible for any losses, damages or claims arising from, but not limited to, the events falling within the scope of the following five categories:
i. Mistakes made by the user of any cryptocurrency-related software or service, e.g., forgotten passwords, payments sent to wrong token addresses, and accidental deletion of wallets.
ii. Software problems of the wallet and/or any cryptocurrency-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the wallet and/or any cryptocurrency-related software or service.
iii. Technical failures in the hardware of the user of any cryptocurrency-related software or service, e.g., data loss due to a faulty or damaged storage device.
iv. Security problems experienced by the user of any cryptocurrency-related software or service, e.g., unauthorized access to users' wallets and/or accounts.
v. Actions or inactions of third parties and/or events experienced by third parties, e.g., the bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
3. Transactions
a. For any Services, including but not limited to, one-time transactions, recurring payments, installments, auction, crowdfunding, DAO, trust fund, NFT lending, or any additional services, the Service should proceed in accordance with either the terms agreed between the buyer and the seller or the rules set by the initiating user, respectively. This may require:
i. Payment terms, product and/or service details, inspection period.
ii. Project details, funding requirements, token details.
iii. Dispute resolution plan.
- Where VIV is selected as the arbitrator, VIV will use its discretion to the best of its capability to resolve the matter. VIV will rely on requests, messages, letters, agreements, certificates, or any other relevant documentation. VIV will not be responsible for errors in judgment, for any actions taken or not taken, or for factual or legal errors. VIV also may consult with outside legal counsel for advice.
iv. Any additional information required to use the Service.
II. Prohibited Transactions
Users may not use the Website or Service in connection with any transaction that is illegal or involves any illegal goods, or for any illegal purpose; involving obscene material; involving the sale and/or trafficking of people, involving ammunition or firearms; involving pirated software, DVDs or videos or digital items that violate the copyrighted work; involves illegal drugs or controlled substances; involves ransom and or ransomware scams; involve transactions that directly or indirectly involve people (individuals or entities) with whom the person prohibited from engaging in accordance with export sanctions and controls managed by the relevant governmental bodies of your domiciled Country; or involve transactions that directly or indirectly involve people (individuals or entities) with whom the person prohibited from engaging in accordance with the laws and regulations managed by the relevant governmental bodies of your domiciled Country.
VIV may, in its sole discretion, refuse to complete any transactions which we consider to be invalid or carried out by anyone other than you, may violate any law or regulation. Each user agrees to indemnify and hold VIV free from losses resulting from any use or attempt to use the Services in violation of these Terms.
III. Payment and Fees
Unless otherwise agreed by each user in a transaction, the Buyer and Seller agree to pay the appropriate fees for the Services disclosed on the Website and/or Platform when a transaction is agreed to by all such Users, as well as other fees, including, without limitation, third party service fees (for example, shipping, valuation, inspection, etc.). VIV fees are non-refundable and may change from time to time at the absolute discretion of VIV.
VIV is not responsible for payments for sales, use, personal property or other government taxes or levies that are imposed on any goods or services purchased or sold through the Service or arising from transactions.
IV. Licenses Granted
VIV grants to you a nonexclusive, revocable, limited, non-transferable, and non-assignable license to access and use the Services in accordance with these Terms. VIV reserves all other rights in the Services not expressly granted to you.
This is the grant of a license, not a transfer of title, and under this license, you may not: modify or copy the materials; attempt to decompile or reverse engineer any software contained on the Website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
V. Disclaimer of Digital Assets and Decentralized Networks Risks
Transactions involving digital assets and tokens involve substantial risks. You should therefore carefully consider whether using our Services is suitable for you considering your financial condition.
You completely understand and agree that the value of digital assets can be volatile, and we are not in any way responsible or liable for any potential losses you may incur by using or transferring digital assets in connection with our Services. We do not provide investment advice and any content contained on the Website should not be considered as a substitute for tailored investment advice. The contents of our Website and the Services should not be used as a basis for making investment decisions.
VI. Proprietary Rights
The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services, user interfaces, user designs, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, and other distinctive or proprietary brand features of VIV, are owned by VIV. You may not use content from our Services, including user content, unless you obtain permission from its owner or are otherwise permitted by law.
VII. Electronic Delivery and Consent
You agree to receive legal notices and other information concerning VIV or the Services electronically, including notice to any email address that you may provide.
VIII. Term and Termination
These Terms will remain in effect until terminated by VIV or you. We reserve the right to terminate or change the Services or your access to the Services, without any notice, at any time and for any reason, including your violation of these Terms or for any business reasons. We also reserve the right to pursue any additional remedies available in law or equity.
The disclaimer of warranties, limitation of liability, jurisdictional, severability, indemnification and arbitration provisions survive any termination.
IX. Disclaimer of Representations and Warranties
The services and any associated content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither VIV nor any person associated with VIV makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy or availability of the services or any associated content.
VIV hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
X. Limitation of Liability
You may not assert claims for monetary damages arising from the Services or any associated content against VIV, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. VIV and its, if any, affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including any negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (a) your use, or inability to use, the Services or any associated content or user content, (b) any interaction with any third party through or in connection with the Services, including other users, (c) any information offered or provided within or through the Services, or (d) any other matter relating to the Services. In no event shall VIV and its, if any, affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents be liable to you. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the extent permitted by law.
XI. Indemnification
You are solely legally liable if your use or misuse of the Services or any associated content causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless VIV and any affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees, investigation costs, and any other potential costs), that arise from or relate to your use or misuse of the Services, your user content or violation of these Terms or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
XII. Arbitration and Choice of Law
You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.
These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
XIII. Severability and Integration
These Terms and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and VIV. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The paragraph headings used herein are for convenience only and shall not be used to limit any portion of these Terms.
XIV. Changes to these Terms
We may modify these Terms at any time, at our sole discretion. We will post notice of changes to these Terms on this page. Changes will not apply retroactively and will only become effective when (a) you use the Services after you know about the change, or (b) thirty days after they are posted (whichever occurs earlier). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services after the Last Updated Date signifies your consent to the modified Terms. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Services.
Contact Us
Please feel free to reach out with any inquiries: info@viv.com.