Terms and Conditions
Welcome to vivareviews.com (the “Site”)! Please read these Terms and Conditions ("Terms") carefully as they constitute a binding legal agreement entered into between you and Sell The Trend Corp. ("us", "we", "our", "Sell The Trend"). Any services offered by Sell The Trend through the Site are referred to in these Terms as the “Services”. By using this Site or signing up for a Subscription (as defined below), you agree to the following Terms. These Terms may be revised, updated or modified at any time without prior notice. Your continued use of the Site and/or Services following any such change constitutes your agreement to be bound by the Terms as changed. It is suggested you check back frequently for updates.
You hereby represent and warrant that (i) you are lawfully able to enter into and perform a legally binding contract, (ii) if you are entering these Terms, that you are authorized to do so, and (iii) agree to be bound by these Terms. If you do not accept and agree to be bound by all of the provisions in these Terms, do not access or use the Site.
2. Subscription Terms
To access certain services available on the Site, you must register for a paid subscription program offered by us (“Subscription”). In exchange for a subscription fee, the Subscription provides subscribers with access to the benefits described in these Terms and any additional material we may provide or make available related to the Site and Subscription.
When registering for an account (“Account”) and enrolling in a Subscription, you agree to provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account. Sell The Trend may reject your application for an Account for any reason, in our sole discretion. You confirm that any Services that we provide you be for the purposes of carrying on a business activity and not for any personal or household purpose. You further agree to be responsible for: (i) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the Site; and (ii) all activities that occur under such password(s) or Account(s). You are responsible for notifying us of any unauthorized use of your password or Account, or any breach in security of the Site, of which you become aware. Sell The Trend shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your Account after you have reported a breach of security to us.
(b) Subscription Period
You can subscribe to the Subscription under either a 12-month subscription plan or under a monthly subscription plan, the fees of each are set out on the plan details upon enrollment (“Annual Subscription Fee” and “Monthly Subscription Fee”, respectively). Your subscription period starts on the date in which we confirm to you that the benefits are available for you to use, and ends on that same date 12 months later for the annual subscription, and on the same date of the month, each month for the monthly subscription, unless your renewal date does not occur in a particular month, in which case your subscription period for that month will end on the last date of that month (“Subscription Period”). In the case of the monthly subscription, each Subscription Period will range from 28 to 31 days, depending on the number of days in a month.
In addition to the Subscription, Sell The Trend may offer, from time to time, additional Services. Such Services will be charged, in full, at the time of purchase. Unless otherwise indicated at the time of purchase, such Services are non-refundable.
(c) Fees and Billing
Any references to dollars are referenced in Canadian dollars. Your Annual Subscription Fee or Monthly Subscription Fee (including any taxes) will be charged to the payment card you provide when you enroll in the Subscription and for each subsequent renewal. You agree to ensure that you provide Sell The Trend with current, accurate and complete billing information. We can, in our sole discretion, change the Annual Subscription Fee and the Monthly Subscription Fee if we give you reasonable prior notice to and an opportunity to opt out of renewal before such change becomes effective.
If you fail to pay any fees or charges when due (including cancellation fees or damages arising from fraudulent use), we reserve the right to charge such amount directly to the payment card provided by you at the time you submitted your order. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you. Should automatic billing fail to occur for any reason, Sell The Trend reserves the right to suspend or terminate your Subscription.
(d) Renewal and Cancellation.
Monthly Subscription Fee are non-refundable, even if you cancel your Subscription or do not use any of the Subscription benefits. Annual Subscription Fee are refundable provided that you cancel your subscription within fourteen (14) days after your first transaction. If you cancel at any other time, the Annual Subscription Fee will be non-refundable.
At the end of your Subscription Period, your Subscription will automatically renew for an additional term and the Annual Subscription Fee or the Monthly Subscription Fee for the renewal will be charged to the payment card you have provided to us unless either party cancels in accordance with the Terms.
To the extent permitted by law, we can terminate or suspend your account immediately or not renew your Subscription, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Subscription, or is harmful to our interests or another user.
You may cancel your Subscription renewal either through your online account management page or by the provided method from within the site.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
(e) Effect of Cancellation
Upon termination or expiration of your Subscription, your right to use the Service will immediately cease.
All provisions of the Terms, which by their nature should survive beyond their terms, shall remain in force after any termination or expiration of these Terms, including, without limitation, this section, Use of Site and Intellectual Property, Indemnification, Disclaimer and Limitation of Liability, and Governing Law.
3. One Time Payment Services
The Site also offers certain one time payment services such as the Custom Shopify Store Creation Service as well as various educational courses and other direct one time payment services and digital products. These one time payment services and products are non-refundable since they are either labor intensive customary services or represent intangible, computerized products. All sales will be final.
4. Privacy Obligations
In order for Sell the Trend to provide its Services to your customers, we require certain information (“Customer Personal Information”). For example, in order to process payments, fulfill orders and deliveries of your customers, we require the name, delivery address, order details and payment details of your customers. You are solely responsible for obtaining valid consent from each of your customers in compliance with applicable privacy laws to collect Customer Personal Information and transfer it to us. You understand and acknowledge that Sell the Trend is relying on you to obtain valid consent in order for us to provide the requested Services on your behalf. We will only process Customer Personal Information for the purposes of fulfilling the customer’s online order and for no other purposes. You acknowledge and understand that Sell the Trend is a processor or service provider as considered under applicable privacy laws and you are the controller or privacy organization accountable for the Customer Personal Information.
5. Use of Site, Compliance with Laws, and Intellectual Property
Without limiting any other provisions set out in these Terms, you agree that you will not use the Site or any of the Services in a manner that would violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding Canada’s Anti-Spam Legislation, privacy, human rights, export control, consumer protection, unfair competition, anti-discrimination, false advertising, patent, trademark, trade secret, copyright, or other intellectual property and other legal rights.
Subject to your compliance with these Terms, and your payment of all applicable fees, Sell The Trend grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make use of the Site and Services for the purposes of carrying on a business activity and not for any personal use. This licence does not include the right to reproduce, duplicate, sell, resell or exploit any part of the Site or Services without the express written consent of Sell The Trend; nor does it include the right to any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. For certainty, the use of automated systems or software to extract data from this Site (commonly referred to as “screen scraping”) is strictly prohibited.
This Site is a product discovery service, which provides a searchable historical archive of products and ads available on the internet to you. All rights in and to each product made available through this Site and any related specifications, instructions, images, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, belongs to the content provider and not Sell The Trend. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products. In the event that you wish to use any such intellectual property, including any images, product listings or descriptions, you are solely responsible for obtaining all necessary third party licenses and permissions to do so.
This Site contains valuable trademarks, names, package designs, copyrighted works and other proprietary material (“Proprietary Material”) that are owned by Sell The Trend, licensed to Sell The Trend, or otherwise provided by a third party to Sell The Trend. All Proprietary Material on this site is protected by Canadian and international intellectual property laws.
To the extent that you upload any content to the Site for the purposes of utilizing certain Services offered to you, the intellectual property rights over such materials remain yours. You represent, warrant and agree that (i) you are solely responsible for obtaining all necessary third party licenses and permissions regarding any content that you submit or upload onto the Site; and (ii) any content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.
All rights not expressly granted to you in these Terms are reserved and retained by Sell The Trend or its licensors, suppliers, publishers, or other content providers.
Your safe and secure online experience is our top priority. As such, we routinely monitor the Site for suspicious activity and use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. You are responsible for obtaining your own access to the Site. You are required to ensure that all persons who access the Site through your internet connection are aware of these Terms and comply with them. Certain services that we offer through the Sites may require user registration.
Unfortunately, internet transmission of information is not always secure. While we try to do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. You agree that any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
You are prohibited from attempting to circumvent and from violating the security of this Site, including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Sell The Trend’s ability to monitor the Site; and (f) otherwise attempting to interfere with the proper working of the Site.
You agree to defend, indemnify and hold harmless Sell The Trend and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your Account; b) a breach of these Terms by you or any person using your Account; (c) the negligence or wilful misconduct by by you or any person using your Account or (c) any failure by you to comply with any applicable law or any violation by you of any rights of a third party.
8. Disclaimer and Limitation of Liability
SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
THE CONTENT ON OUR SITE AND PROVIDED BY OUR SERVICES ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED ON AN "AS-IS" AND “AS-AVAILABLE” BASIS. AS A USER OF THE SERVICES, YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMISSIBLE BY LAW, WE DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THESE TERMS, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE.
ANY PRODUCTS DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
SELL THE TREND MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR DEVICE, COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR OR THAT CONTENT LOSS WILL NOT OCCUR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
SELL THE TREND AND ITS REPRESENTATIVES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE OR SERVICES. YOU AGREE THAT NEITHER SELL THE TREND NOR ITS REPRESENTATIVES HAVE ANY LIABILITY IN CONNECTION WITH THE SITE OR ITS SERVICES OR ITS CONTENT TOWARDS YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE WHATSOEVER, IN PARTICULAR, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE PARTICIPATION IN THE SUBSCRIPTION, OR ANY INCONVENIENCE, DELAY OR IMPOSSIBILITY OF ACCESS OR USE RELATING TO THE SITE, ITS SERVICES OR ITS CONTENT, OR TO THE CONTENT OF ANY RELATED SITE, OR THE FAILURE OF SUCH A SITE AND/OR RELATED APPLICATION.
YOU EXPRESSLY ACKNOWLEDGE THAT SELL THE TREND HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AND SERVICES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SELL THE TREND. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
9. Links to Third-Party Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Sell The Trend.
Sell The Trend has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We make no representation about any other website that may be accessed from our Site. You further acknowledge and agree that Sell The Trend shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
You are subject to any terms and conditions of such third-party sites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites that you visit.
11. Material Errors, Technical Problems or Fraud
We reserve the right to withdraw or temporarily change or suspend all or part of the Site or Services in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Site as set out in these Terms. Any attempt to deliberately damage the Site or to undermine the legitimate operation of the Site in any way (as we may determine in our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.
12. Governing Law
The Site, Services and these Terms shall be governed and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Site and under these Terms will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers; Entire Agreement; and Severability
15. Reporting and Contact
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of [email protected] and include in your notice a detailed description of the alleged Infringement. To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as "URGENT":
- Your contact details - including your name, email address and daytime telephone number.
- Identify the material in question - please include sufficient detail to enable us to identify the material complained of.
- The reasons for your objection.
We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.
Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark, or own the Copyright to an image). This will enable us to deal with your request promptly.
If you believe that you would like to report misuse, request for technical support, inquire about your Subscription or make any other communications relating to the Site, please contact us at: [email protected].
Last Updated: December 1st, 2021