Customer

CUSTOMER TERMS AND CONDITIONS

The following Terms and Conditions bind all Customers and govern the use of the Service and Platform, and you agree to be bound by the these Terms and Conditions which apply for any use or action you may undertake from using the Service or any related Viva Tags functionality on the Platform including, but not limited to:

 (a)    the Website;

 (b)    the Viva Tags App;

 (c)    the Web Portal;

 (d)    the secure Viva Tags server where information of a confidential nature is stored; or

 (e)    the Smart Response Tags (including Personal Smart Response Tags).

 

DEFINITIONS

In these Terms and Conditions:

"Customer", "you" or "your" means the person who has registered to use the Service and to whom these Terms and Conditions apply.

"Customer Account" means the details stored securely by Viva Tags, provided by you, and accessed via the Web Portal.

"Direct Debit Authority" means the direct debit request which sets out the terms on which we are permitted to direct debit your nominated bank account, credit card or scheme debit card.

"eWallet" means the virtual debit account of each Customer, which links to a bank account, credit card or scheme debit card to process funds transfers.

"Personal Tags" are the uniquely branded Smart Response Tags which can be created by Customers within the Web Portal, to transfer electronically stored information.

"Registration" means the online process by which you register to use the Service.

"Service" or "Platform" means the Viva Tags offering, incorporating all aspects.

"Smart Response Tags" are the uniquely branded optical and near field communication Smart Response Tags which are created by Vendors to connect with, or sell to Customers.

"Terms and Conditions" means this agreement made between you and Viva Tags.

"Vendor" means a registered business with Viva Tags to sell to, or connect with Customers via the Service or Platform.

"Viva Tags" means Viva Tags Pty Ltd (ACN 125 765 175) of Suite 701, 198 Harbour Esplanade, Docklands, Victoria).

"Viva Tags App" or "App" means the Viva Tags smartphone application and its built-in universal scanner.

"We", "us" or "our" means Viva Tags.

"Website" means "VivaTags.com" and associated online variations, including but not limited to "m.VivaTags.com".

"Web Portal" means the secure portal accessed by Customers to register, monitor history and transactions, maintain account, record but not store financial information, change account settings and update details.

 

CONDITIONS OF USE

Use of the Service is subject to the Terms and Conditions.

The Service and Platform can only be used by registered Customers or Vendors of Viva Tags. All other access to or use of the Service or Platform is strictly prohibited.

By using the Service or Platform, you agree not to:

 (a) violate any laws;

 (b) impersonate any person;

 (c) create any content including a Smart Response Tag or Personal Smart Response Tag that:

 (i) infringes the intellectual property rights of any third party;

 (ii) is unlawful;

 (iii) is harmful, offensive, abusive, threatening, defamatory or otherwise objectionable to any other party;

 (iv) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;

 (d) engage in any other conduct that inhibits any other person from using or enjoying the Platform;

 (e) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Platform;

 (f) undertake resale of the Service (without prior written permission from Viva Tags);

 (g) provide false data including false names, addresses and contact details and fraudulent use of credit card, debit card or bank account numbers;

 (h) attempt to circumvent our security or network including accessing data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks;

 (i) access the Service in such a way as to, or commit any act that would or does, impose an unreasonable or large load on our infrastructure.

 

REGISTRATION, MAINTENANCE, AND SECURITY

You are required to register with Viva Tags in order to make use of the features of the Service and Platform.

Viva Tags may accept or reject an application in its sole discretion. To process the application and establish your Customer Account, Viva Tags will ask you for certain details.

By registering a Customer Account, you acknowledge and agree that you have full capacity and power to form a binding agreement and to comply with these Terms and Conditions. Without limiting the application of the previous sentence, you agree to:

 (a)    provide true and accurate information about yourself during the Registration;

 (b)    maintain and promptly update your details to keep your Customer Account true and accurate;

 (c)    be entirely responsible for maintaining confidentiality of your password/s, PIN/s and for any and all activities that occur under your Customer Account;

 (d)    authorise us to assume that any person using the Platform with your user name, password and/or PIN is you;

 (e)    not allow anyone else to use your user name, password and/or PIN;

 (f)    immediately notify us of any unauthorised use of your user name, password and/or PIN or any breach of security of which you become aware;

 (g)     immediately notify us should you cancel your Customer Account, which you may do so at any time; and

 (h)    we reserve the right to discontinue or cancel your Customer Account in our sole and absolute discretion if you breach any of these Terms and Conditions or any applicable law, if we conclude that your conduct impacts on our name or reputation or violates our rights or those of a third party, or if you are found to have misused the Service or Platform in anyway whatsoever.

Please click here to view our Security Policy in full. If you have any questions regarding our Security Policy please contact our customer support centre at support [at] Viva Tags [dot] com.

Viva Tags shall not be liable for any loss or damage arising from your failure to comply with this section.

USE OF VIVA TAGS APP (powered by Microsoft® Tag)

By using the Viva Tags App, you also agree to be bound by the Microsoft® Tag' terms and conditions.

Please click here to view Microsoft® Tag' terms and conditions

 

AGE OF USERS

The Service may be adopted by Vendors to offer transactions which are not intended or legal for children under the age of 18. By agreeing to these Terms and Conditions you agree and acknowledge that you may be unable to proceed with such transactions and that you will not proceed with such transactions if you are under 18 years of age. The Service may also be adopted by Vendors to offer competitions or contests, which may be governed by a separate set of rules that describe the competition or contest and may have eligibility requirements. It is your responsibility to read such rules to determine whether or not your participation, registration or entry will be valid.

In the event you supply Viva Tags with false information relating to your age (or any other matter) in order to establish a Customer Account, your Customer Account may be terminated by Viva Tags immediately in its sole discretion.

 

TELECOMMUNICATIONS

The Service and Platform are specially tailored for your mobile phone to be linked to the network of your telecommunications provider.

You are responsible for any charges imposed by your telecommunications provider for connecting to, or using the Service and Platform on your mobile phone, including but not limited to data costs associated with using the Service or Platform.

We are dependent on the reliability of data connection and overall network service availability of third party telecommunication providers in respect to our provision of the Service and Platform. Disruptions due to data connection or the network service of any third party telecommunication provider may result in the Service or Platform being unavailable from time to time.

You acknowledge that we cannot guarantee that the Service or Platform will be available without disruption from time to time, and that we are not responsible for any loss incurred by you because of faults, disruptions and/or failures with a third party telecommunication provider's network infrastructure or processes, in relation to your use of the Service or Platform.

 

SUPPORTED HANDSETS

You are solely responsible for obtaining any mobile phones, other devices, equipment, and software that may be needed to use the Service, including the specific mobile phone operating systems posted on our Website. Viva Tags shall have no obligation, responsibility, or liability for providing any support or assistance with respect to such mobile phones, devices, equipment or software.

 

LIMITATION OF LIABILITY

To the extent permitted by Law, Viva Tags is not liable to a Customer or to any other person for:

 (a)    any loss or damage of any kind that is directly or indirectly caused by or results from any wrongful, wilful or negligent act or omission of a Customer;

 (b)    any error, omission or inaccuracy with respect to the Service or Platform;

 (c)    any use by a Customer or any other third party of the Website or any other third party website referred to in, or containing a link from, the Website;

 (d)    any failure, malfunction, fault in delivery, delay, omission, suspension, inaccuracy, interruption, termination or any other cause, in connection with the furnishing, performance, operation, maintenance, use of or inability to use all or any part of the Service;

 (e)    any loss or damage of any kind that is directly or indirectly caused by or results from any errors or inaccuracies in information in the Service or any interruption to the Service;

 (f)    any loss or damage of any kind that is directly or indirectly caused by or results from any unauthorised access to or use of the Service;

 (g)    any loss or damage of any kind that is directly or indirectly caused by or results from the suspension or termination of a Customer's Registration or use of the Service;

 (h)    any loss or damage of any kind that is directly or indirectly caused by or results from any wrongful, wilful or negligent act or omission of Viva Tags or any of its officers, employees, agents or contractors; or

 (i)    any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data or loss or damage resulting from wasted management time, irrespective of whether:

 (i)    the loss or damage is caused by or relates to breach of contract, statute, tort (including negligence) or otherwise; or

 (ii)    Viva Tags or any other person that was previously notified of the possibility of the loss or damage,

 (j)    any loss or damage of any kind that is directly or indirectly caused by any bugs, viruses, trojan horses or the like which may be transmitted to or through the Service or Platform;

 (k)    any loss or damage of any kind that is directly or indirectly caused by problems with your network provider's coverage or network;  or

 (l)    any other matter relating to the Service, Platform or Viva Tags;

 whether such a claim arises in contract, tort, negligence, strict liability, contribution or under statute or otherwise and whether the claim is brought directly or as a third party claim.

 

EXCLUSION OF WARRANTIES BY VIVA TAGS

The Viva Tags Platform is provided "as is" without any representations, guarantees, warranties, conditions or undertakings express or implied and all representations, guarantees, warranties, conditions or undertakings are excluded to the full extent permissible under law.

If implied guarantees, warranties or conditions cannot be excluded, but limitation is permitted, Viva Tags' liability is limited to the supply of the Service again or the payment of the cost of having the Service supplied again.

 

INDEMNITY

Each Customer must keep indemnified Viva Tags and its officers, employees, agents, subcontractors, licensors and suppliers against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against Viva Tags or which Viva Tags may pay, sustain or incur as a direct or indirect result of:

 (a)    any breach or non‑performance of the Terms and Conditions by that Customer;

 (b)    any breach or non‑performance by that Customer and/or any third party of the provisions of any other agreement (and/or agreements) contemplated by the Terms and Conditions to which that Customer is a party;

 (c)    any wrongful, wilful or negligent act or omission of that Customer or any of its employees, agents or contractors; and/or

 (d)    any one or more of any representations or warranties made or repeated by that Customer being untrue or misleading in any material respect (including by omission) when made or repeated.

 

LINKS AND THIRD PARTIES

The Viva Tags platform may feature Smart Response Tags (including Personal Smart Response Tags) pointing to web sites operated by third parties. We are not responsible for the content, accuracy or offering related to any off-site pages or any other web sites linked to the Viva Tags Platform. Your correspondence or dealings with, or participation in promotions of any Vendor are solely between you and the Vendor.

 

OUR PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY

"Viva Tags" is a registered trademark of Viva Tags. Other product and company names referred to on the Viva Tags Platform may be trademarks of the Vendors or other respective owners. You must not use our trademarks or registered trademarks in connection with any Service that is not offered by us, nor in any manner that may reflect negatively on us, our name or reputation or the Service or Platform.

You (and any third party) must not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell assign, sublicense, grant a security in or otherwise transfer any right in connection with the data or software of the Service. You must not modify the software in any manner or form, nor to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorised access to the Service or Platform. You must not access the Service by any means other than through the interface that is provided by Viva Tags for use and access to the Service.

 

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

In accessing any part of the Service or Platform, you may provide us with personal information in which you have certain rights. By using the Viva Tags App you grant us consent to use your personal information in accordance with our Privacy Policy, which is incorporated into and forms part of these Terms and Conditions.

Please click here to view Our Privacy Policy.

You acknowledge and agree that Viva Tags may access, preserve and disclose your Customer Account information and content if required to do so by law or in a good faith belief that such access is reasonably necessary to:

 (a)    comply with any applicable laws;

 (b)    enforce these Terms and Conditions;

 (c)    respond to claims that any activity violates the rights of third parties;

 (d)    respond to Your requests for customer service;

 (e)    protect the rights, property or personal safety of Service users and the public.

 

PRICING POLICY

All transactions are processed in AUD, unless specified otherwise.

Third party wireless carrier text messaging or data access fees may be incurred when requesting an SMS message, downloading the Service, or when using the Service. Please consult your wireless carrier for applicable fees. Under no circumstances will Viva Tags be responsible for fees that your wireless carrier or other third parties may charge you in connection with your use of the Service.

 

SUPPLY AND RETURN

Viva Tags does not act as an agent for any Vendors. Unless clearly specified to the contrary, the Vendor is the sole supplier to you of any product, service or offering resulting from a Smart Response Tag scan. The Vendor is solely responsible for any liability relating to its products, services, offers, credits and refunds. The Vendor is responsible for ensuring all redemption and/or delivery of any product or service offered, made available, purchased or advertised via the Service is done so in a lawful manner.

To the extent permitted by law, Viva Tags shall not be liable for any cost, loss, liability or damage, whether direct, indirect or consequential arising out of a Vendor or any other third party's supply, delay, interruption or failure to supply any product or service offered, made available, purchased or advertised via the Service or Platform

 

DIRECT DEBIT AUTHORITY

As part of the Registration process and in order for you to use the Service, you will be requested to complete a Direct Debit Authority.

By completing the Direct Debit Authority, you authorise us to arrange for funds to be debited from your nominated bank account, credit card, or scheme debit card for the purpose of making payments of purchases directly, or to increase the balance in your eWallet when it reaches a minimum level set by you.

Viva Tags will only arrange for funds to be debited from your nominated bank account, credit card, or scheme debit card account to make purchases directly, or to increase your eWallet balance, as authorised in the Direct Debit Authority.

We reserve the right to cancel the Direct Debit Authority if any debit is returned unpaid by your financial institution.

It is your responsibility to ensure that there are sufficient clear funds available on a debit day to allow a debit payment to be made in accordance with the Direct Debit Authority.

If there are insufficient clear funds to meet a debit payment:

 (a) you may be charged a fee and/or interest by your financial institution;

 (b) you may be charged a dishonour fee ($ at cost) to reimburse us for fees or charges we have incurred for the failed transaction;

 (c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your nominated account by an agreed time so that we can process the debit payment.; and/or

 (d) the transaction will be terminated as incomplete.

You should check your account statement to verify that the amounts debited from your account are correct.

If you believe that there has been an error in debiting your account, you should notify us directly. You should also confirm the details in writing with us as soon as possible so that we can resolve your query quickly. Any queries you may have about an error made in debiting your account should be directed to us in the first instance so that we can attempt to resolve the matter between us and you.

If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account accordingly.

 

VALIDATION AND FRAUD PREVENTION

Viva Tags is serious about protecting our Customers and Vendors from online fraud. Therefore in order to authenticate your linked bank account, credit card or scheme debit cards details, you authorise Viva Tags to implement an automated electronic direct debit validation.

As part of the automated direct debit validation, we will debit an amount of $1 from your nominated linked account and then refund that same amount in three separate smaller amounts.

Before continuing to use the Platform or Service you must access your linked account, make a note of these amounts, then log in to your Customer Account and record these three amounts in the temporary fields provided.

Once these steps have been correctly completed you may use your nominated account to fund your payments for purchases directly, or to increase your eWallet balance.

Viva Tags also reserves the right to conduct additional fraud prevention checks at our sole discretion.  Any information or identification requested should only be provided through your secure web portal, and any information collected will be destroyed after verification.  Under no circumstances will Viva Tags request you to access your web portal via an email link.

 

FEES AND CHARGES

The Customer agrees to pay Viva Tags certain non-refundable fees in respect of using the Service or Platform as published on our Website from time to time.

 

OUR RIGHT TO SUSPEND OR TERMINATE

Viva Tags reserves the right to suspend or terminate your Customer Account and refuse any and all current or future use of the Service for any reason, including but limited to if any of the details you have provided are false, misleading or not correct, or when we receive more than three consecutive order requests for which payment is rejected. Viva Tags will not be liable for any loss that you may suffer as a result of such events.

 

INTERNATIONAL USERS

In recognition of the global nature of the internet, the Website can be accessed from countries around the world and may contain references to Vendors' products, services, and offerings that are not available in your country. These references do not imply that Viva Tags intends to announce such products, services, or programs in your country. Viva Tags complies with all applicable laws in Australia. If you are using this information in a prohibited manner or from a country prohibited from use by these laws, you must discontinue use immediately.

The Site is controlled, operated, and administered by Viva Tags from its offices within Australia. Viva Tags makes no representation that the Platform or Service, or content available through it, are appropriate or available for use at other locations outside Australia, and access to the Service from territories where the Website or any of its content are illegal is prohibited. If you access the Website from a location outside Australia, you are responsible for compliance with any applicable local laws.

 

VARIATION

We reserve the right to update these Terms and Conditions from time to time and without notice. Your use of the system confirms your acceptance of the Terms and Conditions as published on our web site at that time.

 

GENERAL

 (a) These Terms and Conditions constitute legal, valid and binding obligations, enforceable against you.

 (b) If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability and the remainder will remain in full force and effect.

 (c) These Terms and Conditions are governed by the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

 (d) These Terms and Conditions constitute the entire agreement between us and you in relation to the Platform and your use of the Service and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Platform and the Service.

 (e) Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you relevant electronic notices.

 (f) You cannot transfer or assign any rights or obligations you may have under these Terms and Conditions without our prior written consent.

 (g) The provisions of these Terms and Conditions will survive suspension or termination of your Customer Account.

 (h) You understand that the technical processing and transmission of the Service, including any Smart Response Tags or Personal Smart Response Tags created, may involve:

 (i) transmissions over various networks; and

 (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 (i) Unless otherwise expressly stated, all prices or other sums payable or Consideration to be provided under or in accordance with the Terms and Conditions are inclusive of GST.

 (j) You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Viva Tags and/or Vendors who provide content to the Service.

 

FEEDBACK AND CUSTOMER SERVICE

Viva Tags is committed to providing a high level of customer service to you. For any questions relating to our Terms and Conditions or the Service, please email us at support [at] Viva Tags [dot] com.

Any feedback you give to us in relation to the Service is without charge, and you grant us the right to use, share and commercialise your feedback in any way and for any purpose, including but limited to improving the Service or Platform. No feedback shall be subject to a license that requires us to grant any rights or make any payments to third parties because the feedback was incorporated into our Service, software, documentation or any other component in our Platform. These rights survive termination.