Terms of Service

TERMS OF SERVICE

Effective from 23 October 2023

Welcome to Viveforgood Limited (Vive)

1. Vive can be accessed via our iOS app (the Service)
2. The Service is operated by Viveforgood Limited, registered in England and Wales under company number 13498452 and with its registered office at Unit 125, 99-109 Lavender Hill, London, SW11 5QL

2. Your relationship with us

These are our terms. Make sure you understand and agree to them before using Vive. Let us know if you need help in understanding what they mean for you.

2.1 These terms are the rules that govern your access to and use of the Service (the Terms of Service).

2.2 By setting up an account and/or using the Service, you agree you will be bound by the Terms of Service. If you do not agree to the Terms of Service, please do not use the Service.

2.3 If there is anything in the Terms of Service that you do not understand, please contact us at support@viveco.uk

3. Information about you and your privacy

Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share your information and how we use cookies as part of the Service.

4. Who can set up an account with us?

Anyone aged 13 or over can use Vive. You can use Vive for business purposes but some of the provisions in the Terms of Service will apply differently to you and your business.

4.1 To use our Service, you need to register with us through third-party services approved by us, for example Apple, Facebook and Google.

4.2 Children under the age of 13 are not allowed to use Vive. You've got to be at least 13 years old to use the Services or at least over the age at which you can provide consent to data processing under the laws of your country, if that is older than 13 years old.

5. Keeping your account details safe

Keep your account details to yourself. If you think anyone else knows your details, let us know so we can take steps to keep your account secure.

5.1 Keep your password, or any other piece of information you have been given or chosen as part of our security procedures, confidential and do not share with anyone else.

5.2 If you know or suspect that anyone other than you knows your password, let us know as soon as possible by contacting us at support@viveco.uk.

6. How does Vive work?

Vive enables users to buy and sell items from other third-party users, with 75% of the sales going to a charity of the seller’s choice, chosen from Vive’s list of partners.

6.1 If you are:

Purchasing an item, the agreement for the purchase is made solely between you and the seller.
Selling an item, the agreement for the sale is made solely between you and the buyer.

6.2 Sellers are responsible for making sure items are fit for purpose, safe, legally compliant and match the description provided in the listing. It is important that you point out any wear marks or defects.

6.3 You are also responsible for making sure that any age-restricted items are marked clearly with the applicable age restriction (as required by law). Buyers agree that they will not buy an item if they are younger than the advertised and legal age restriction.

7. What are the rules for using Vive?

We want Vive to be a safe space for everyone, so you must follow our rules.

7.1 You may only use the Service to:

Sell items that you have the right and title to sell to buyers.
Upload User Content that complies with our Terms of Service. User Content is any content that you post using our Services, including usernames, shop bios, photos, videos, descriptions, comments, messages, links and other materials.
Browse and purchase items listed on the Service.

7.2 You may not use the Service to:

Do anything illegal or which is in breach of applicable law.
Do anything for improper purposes.
Post any User Content that does not comply with these Terms of Service or any of our Policies.
Do anything that is fraudulent or deceptive or post any User Content that is false or misleading.
Modify, interfere with, intercept, disrupt or hack the Service, mine data, scrape or crawl the Service, including any internal software capabilities used to offer our Service (e.g. an application programming interface), or use any bots or other third party software on the Service.
Test, circumvent, monitor or breach the security measures of our Service.
Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s equipment.
Collect any data from the Service other than in accordance with the Terms of Service.
Use any photographs, images, text, music or video that belongs to someone else without their permission or post content that does not belong to you.
Make use of the materials and content making up the Service for any other purpose than using the Service in accordance with the Terms of Service.
Transfer your right to use the Service to another person or to sell, gift or transfer your Account to another person.
Post any commentary about another person without that person’s permission.
Post any private or confidential information relating to you or another person.
Offer to sell an item that you do not possess (also known as dropshipping), unless you have personally designed it.
Bully, threaten, defame, abuse, spam, harass, behave inappropriately towards or otherwise violate the rights or interests of others.
Support, praise, glorify, represent or depict terrorist or extremist organisations, or known members of such organisations.
Link to any third party websites, apps or platforms.
Coordinate pricing with other sellers.
Create more than one Account, unless we agree otherwise.
Permit another person to use the Service under your name or on your behalf (unless you are a Business User, in which case section 4.4 of these Terms of Service will apply).
Interfere with or manipulate any ratings system or user feedback system.

7.3 Failure to comply with the Terms of Service or any of our Policies will be treated very seriously by us and may result in us:

Temporarily or permanently removing any User Content (including the removal of items listed on the Service).
Temporarily or permanently withdrawing your right to use the Service and/or temporarily or permanently deleting your Account.
Taking legal action against you.
Disclosing information to law enforcement authorities if we reasonably feel it is necessary or we have a legal obligation to do so.

8. How are items paid for on Vive?

All items purchased on Vive must be paid for using Stripe. No other payment methods are allowed.

Payment for transactions must take place via Stripe.
In order to list an item for sale on Vive, you must verify your ID through Stripe.

9. Shipping and Taxes

Sellers are responsible for packing and shipping items to buyers. Vive suggests you use Royal Mail Click & Drop which you can access through the app. Vive will reimburse sellers for the postage fee they select when selling the item.

9.1 As a buyer you need to pay an additional amount on top of the item price for shipping.

9.2 Sellers are responsible for packing and shipping items to buyers. As a seller you agree to:

Dispatch your item to the buyer’s address as soon as possible and in accordance with any timelines set out in your shop policies.
Comply with all local and international delivery and custom regulations.
Provide valid proof of tracked shipping in case the item does not arrive with your buyer. Valid proof of tracked shipping must show that the item was actually dispatched and sent to the buyer’s address.

9.3 Our shipping rates may change from time to time.

9.4 You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, we will calculate, collect and remit value-added tax (VAT) or equivalent tax (depending on your location).

10. Seller Fees

Certain fees will be payable by you when you use the Services to sell an item.

10.1 When selling an item, you agree to pay us a fee on the total transaction amount received (including VAT and any other applicable taxes, if any, and shipping costs arising from you arranging your own shipping) in respect of any sale (Fee). Vive will take a 25% flat fee from the total sale price and the remaining 75% will go to the charity of your choice.

10.2 The Fee is inclusive of VAT or other sales taxes (where applicable).

11. Your content

We can use any content you post on Vive to provide the service or operate our business.

1. You own all the rights in, and are solely responsible for, your User Content. You represent that you have all necessary rights to all parts of your User Content and that you’re not infringing or violating any third party’s rights by posting it.

2. By posting your User Content, you grant us a worldwide, non-exclusive, irrevocable, sub-licenseable, perpetual and royalty-free licence to use, display, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, store, licence, sub-licence, assign, transfer, prepare derivative works, and exploit your User Content (including any intellectual property rights included in the User Content) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business, including for marketing purposes. You agree not to assert any moral rights or rights of publicity against us for using your User Content. You also recognise our legitimate interest in using it, in accordance with the scope of this licence, to the extent your User Content contains any personal information.

3. If you delete your User Content:

It may continue to appear on our Service, if you have shared your User Content with other users.
It's possible that search engines will continue to find and display your User Content as part of their search results, if you made your User Content available through other companies' services.

4. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.

5. We may refuse to post, moderate, reject, remove, or delete any User Content if we think that it breaches (or risks breaching) these Terms of Service or any of our Policies, or otherwise creates risks for us or our community. If we do so, we will inform you that your User Content is in breach of our Terms of Service or Policies, and the action we have taken up to and including the termination or suspension of your right to use the Service as set out in section 14 of these Terms of Service.

6. User Content removed from the Service may continue to be stored by us, including in order to comply with legal obligations, or where your User Content has been shared by others. For more information about what happens to your User Content if our relationship ends, see section 14 of these Terms of Service.

12. Reporting unauthorised content

Let us know if you think any content on Vive infringes your rights or does not comply with these Terms of Service and we will take action, as appropriate.

1. We have great respect for intellectual property rights, and are committed to following appropriate legal procedures to remove infringing content from the Service. If you think that any content available through our Service infringes your rights or fails to comply with these Terms of Service you can let us know by sending us an email at support@viveco.uk.

We will take the action that we believe is appropriate depending on the nature of the Infringement Report and will aim to respond to you within a reasonable period of time on the action we propose to take.

13. If you want to end our relationship

If you don't want to use Vive anymore, you can do this on the app or by contacting us to deactivate your account.

1. If you would like to end your use of the Service by closing your Account, you can do so by emailing us at support@viveco.uk.

2. If a request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the user in question. See our Privacy Policy for information on what happens to your data if you terminate your account.

14. If we want to end our relationship

We can end your use of Vive on notice or if you are in breach of our Terms of Service. Make sure you backup any content you value as we cannot guarantee it will always be available.

1. We may terminate your Account or your right to access or use all or any part of the Service without cause by giving to you not less than 45 days’ notice.

2. We may terminate your Account or terminate your right to access or use all or any part of the Service if you have failed to remedy a breach of the Terms of Service within 30 days, unless we can demonstrate that you have repeatedly been in breach or if there is a real risk of loss or harm were you to continue to use our Service in which case notice to terminate will be effective immediately.

3. We may terminate or suspend your Account (and any Accounts Vive determines are related to your account) and your access to or use of the Services based on a risk or reasonable belief that you, your User Content, or your use of the Services violates or may violate the Terms of Service. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy via our app or on our website or to create a new Account. Generally, Vive will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated the Terms of Service or we have legal or regulatory reasons to not notify you.

4. If we terminate or suspend your right to access or use the Service, or we find that your User Content is in breach of our Terms of Service or Policies, we will provide a statement of reasons at the time notice is given. No statement of reasons will be given where:

We are subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds.
Notice to terminate is given and we can demonstrate that you have repeatedly infringed the Terms of Service.

5. If you or we end your use of the Service, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. As we do not guarantee the permanent availability of User Content, we encourage you to maintain your own backup of your User Content. You agree that you will not rely on the Service for the purposes of User Content backup or storage.

6. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others.

15. Our liability/responsibility to you

We try to make Vive the best service we can, but we can't promise it's perfect and there are certain things that Vive won’t be liable for.

If you are a consumer:

1. We do not accept responsibility for any loss or damage:

That was not caused by our breach of the Terms of Service.
That was not, at the time you agreed to the Terms of Service, a reasonably foreseeable consequence of us breaching the Terms of Service. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Terms were entered into, both we and you knew it might happen.

17. Resolving Disputes

If you have a dispute with us, please contact us at support@viveco.uk so we can try and sort things out.

Disputes with us:

1. If you have a dispute with us relating to the Service, in the first instance please contact us at support@viveco.uk.

2. We prefer to resolve any disagreement through the internal complaint handling system as this offers the quickest and most cost-effective solution to everyone involved.

Disputes with other users relating to a transaction:

3. Sellers are ultimately responsible for the items sold to buyers on Vive. Vive will provide support in resolving disputes between users.

4. To raise an issue or dispute with another Vive user, please do the following:

For items that have not arrived. Email support@viveco.uk
If you’ve received an item which isn’t as described or for all other issues. You’ll need to open a case directly by emailing support@viveco.uk.

5. If a dispute is opened Vive will attempt to help you resolve disputes in good faith and based solely on our interpretation of our Policies, in our sole discretion. We will not make judgments regarding legal issues or claims. Users must comply with all timelines set by Vive whilst we attempt to resolve your dispute. Vive has no obligation to resolve any disputes however, as a seller, you agree that Vive may resolve a dispute or case on your behalf, which may include (but is not limited to) issuing a refund to the buyer.

18. Changes and limitations to the Service

Now and then we make changes to our Service. We try to make sure Vive is always up and running but occasionally this isn't possible.

1. We are constantly updating and improving the Service. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service. These changes to the Service may affect your past or current activities on the Service, features that you use and your User Content.

2. You understand that it is important for us to be able to make changes to our Service and this is an important basis on which we give you access to the Service.

3. You also understand that our Service will not always be available or be uninterrupted. Although it is our intention that our Service is available as much as possible, there may also be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. We will do our best to let you know if the Service is going to be interrupted but there may be times we cannot do so, for example if we need to make emergency repairs.

19. Changes to the Terms of Service

We may need to update the Terms of Service from time to time and we’ll give you notice if we believe the changes are material. You can see when we last made changes at the top of this page.

1. We may update the Terms of Service to:

Reflect changes in our services or how we do business, for example, when we add new features.
Take account of changes in the law.
Address a security risk or prevent abuse of our Services.

2. If we make a material change to the Terms of Service, we’ll provide you with reasonable advance notice, except in urgent situations, such as to address a security risk or if we are responding to a legal obligation placed on us. If you don’t agree to the updated terms, you should stop using the Services and terminate your account.

3. Every time you use the Services, please check the Terms of Service to ensure you understand the terms that apply at that time. You will be able to see when the Terms of Service last changed by looking at the “effective date” at the top of this page.

20. General terms

These are important legal terms about how the Terms of Service work as a contract. Let us know if you need any help in understanding what they mean for you.

1. The current version of the Terms of Service and our Policies contain the only terms and conditions that apply to our relationship with you.

2. If a court or relevant authority finds part of the Terms of Service illegal, the rest will continue in force. Each of the paragraphs of the Terms of Service operate separately, so if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs remain in full force and effect.

3. If you do not comply with the Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

4. The Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and Vive.

5. The Terms of Service are between you and us. No other person shall have any rights to enforce any of its terms. No third party or (except, where applicable, the permitted assign of Vive) is entitled to the benefit of the Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

21. The law and venue that apply to the Terms of Service

1. The Terms of Service (and any related disputes) are governed by the laws of England. These laws will apply no matter where in the world you live, but if you live outside of England, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

2. The English courts will have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising from or related to your use of the Service. If you live outside of England, you may be able to bring legal proceedings in respect of the Services we provide you under the Terms of Service either in the English courts or in the courts of your country of residence.

22. Contact, feedback and complaints

If you need to contact us, please contact us at support@viveco.uk

1. If you need to contact us about the Terms of Service or any other document mentioned in them, please contact us at support@viveco.uk.

2. We value hearing from our users and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.