Terms & Conditions

Acceptance Of This Agreement

Upon registering, placing of any request for quotes or information of services or upon accessing or utilising https://zivillo.co.uk (the website) the following Terms and Conditions (“Agreement”) are deemed accepted in their entirety and fully in force between The Customer (the Customer) and Zivillo, a trading name of Evolution Engineers Global whose registered office is at Evolution Engineers Global Ltd, Office One, 1 Coldbath Square, Farringdon, London, EC1R 5HLClient registered number in England and Wales No: 12079107 (“Zivillo”) individually referred to a Party, together as the Parties.

The Parties agree that the Services shall be carried out subject to the terms detailed herein unless terminated by either party, regardless of if the Customer register an account with Zivillo or utilise any services.

Zivillo reserves the rights to amend the Terms and Conditions from time to time, without notice. The Customer agrees and acknowledges it is their responsibility to review any amendments or alterations to the Agreement.

Warranty

The Services advertised on the Website and any statements provided are not intended to be and shall not be deemed to constitute a guarantee by Zivillo of any outcome, within any time frame or any standard at all. Any statements in any form on any matter are expressions of opinion only and in no circumstances will Zivillo be liable for any decision made or action taken by the Customer in reliance of any information, statements, documentation or action of Zivillo.

Zivillo has no responsibility and provides no warranty to the accuracy of any information posted on the website or communicated by or on another’s behalf, including for the avoidance of doubt any provider of services, customer, client, agent or affiliate of Zivillo. Subject to any explicit exclusions within this Agreement, Zivillo shall not be held responsible for any damages suffered as a result of using any products or services featured, detailed or listed on the Website.

The Customer acknowledges that Zivillo provides a website service, but is under no responsibility to monitor the quality, the accuracy of descriptions including for the avoidance of doubt detail, the fitness for purpose or specification including the meeting of any implied or explicit standards. All warranties, conditions and other terms implied by statute or common law are excluded from this Agreement unless otherwise stated in this Agreement, to the fullest extent permitted by law.

Changes to Website, Software, and Services

In utilising the website the Customer agrees and acknowledges that Zivillo has the right to:

  • Change or remove (temporarily or permanently) the website or any part of it without notice
  • Change, remove or discontinue any service, or promotion as advertised on this website any time without notice
  • Change or discontinue any promotional discount vouchers or coupon codes at any time with notice and;

The Customer acknowledges and agrees this may result in the loss of data available to them, their ability to view an activity or other content, including deletion of or resetting of a Customer’s account (including any orders).

The Customer further agrees that Zivillo shall not be liable to the Customer for any such change or removal, including but not limited to those detailed above. Any continued use of the customer following any and all changes demonstrates an acceptance to the variation.

Third-Party Website

The Website may include links to third-party website’s that are controlled and maintained by Third Party Providers. Any link to other websites is not an endorsement of such websites and The Customer acknowledge and agree that are not responsible for the content or availability of any such sites.

The Customer Agrees

  • They are over the age of 18 years of capable of entering into a legally binding agreement.
  • To certain information being stored in line with the privacy policy which can be found here and to comply with the Policy at all times.
  • All complaints must be made to the following email address support@zivillo.co.uk. All complaints will be processed and acknowledged within 14 working days. The outcome and any decision of any complaint are made at the sole discretion of Zivillo. (subject to statutory rights).
  • To not contact or engage with any other customers, clients or agents of Zivillo other than directly in line with the terms of the Agreement.
  • To take all reasonable precautions when utilising the services and to report immediately any actual or perceived threat to the security of their account of the website of Zivillo, including any possible misuse or disclosure of passwords.
  • To not upload or utilise in any way any content which could infringe any third party Intellectual Property or propriety right and to not upload or utilise in any way any content where they do not have correct and full permissions or rights to do so, including where there is a perceived or actual threat to privacy or security (at the sole discretion of Zivillo).
  • To not include any content which can be, or is in the sole discretion of Zivillo, be deemed as either inappropriate, defamatory, offensive, illegal or contrary to the ethos and/or policies of Zivillo and to immediately report any content that does or could be deemed to fall into any or these categories.
  • In no way shall the customer restrict any right of Zivillo to conduct its business activities or in anyway prevent Zivillo from dealing in the ordinary course of business with third parties who may be involved in competitive practices or from soliciting for or tendering for business in any way.
  • Zivillo is not obligated to provide any further or future Services shall not be required to provide any assistance in addition to the Services detailed on the website.
  • The Customer acknowledges that Zivillo provides a website service, but is under no responsibility to monitor the quality, the accuracy of descriptions (including for the avoidance of doubt detail), the fitness for purpose or specification including the meeting of any implied or explicit standards.
  • That all and any information provided will be true accurate and comply with this Agreement and any policy, guideline and the ethos of Zivillo.
  • Zivillo has the right to remove all and any content from the website at any point, for any reason without notice.
  • Zivillo has no responsibility to check the accuracy of personal details provided or recorded, including contact details. It is the sole responsibility of the Customer to ensure any and all information is accurate, complete and adequate. Customers are responsible for ensuring that they have provided correct details to the provider of any Services.
  • The Customer agrees, subject to any explicit exclusions within this Agreement, Zivillo shall not be held responsible for any damages the Customer suffer as a result of the Services provided by Zivillo or detailed on the website.
  • The Services advertised on the website and any statements provided are not intended to be and shall not be deemed to constitute a guarantee or advise. Any statements in any form on any matter are expressions of opinion only and in no circumstances will Zivillo be liable for any decision made or action taken by the Customer in reliance of any information, statements, documentation or action of Zivillo.
  • Zivillo has no responsibility and provides no warranty to the accuracy of any information posted on the website or communicated by or on another’s behalf, including for the avoidance of doubt any provider of services, customer, client, agent or affiliate of Zivillo. Zivillo has no responsibility for the actions or omissions of any users of the website or their services, including for the avoidance of doubts any user or provider of services detailed.
  • subject to any explicit exclusions within this Agreement, Zivillo shall not be held responsible for any damages suffered
  • The Customer agrees not to modify, disrupt, hack, intervene, alter or disable (or attempt the same) to any feature on the website, including the security settings.
  • To cease use of the website immediately if requested to do so.
  • To not use or collect data and information other than in line with these terms and the Privacy policy
  • To not use any automated system.
  • To not advertise or promote any goods or services unless explicitly permitted by Zivillos and always subject to the Agreement.

Intellectual Property Rights

For these purposes “Intellectual Property Rights” includes the following (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

The Intellectual Property Rights in this website and the materials on or accessible via it belong to Zivillos or its licensors. The Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).

The customer agrees and warrants that they will not:

  • Not upload or utilise in any way any content which could infringe any third part Intellectual Property or propriety rights.
  • Not upload or utilise in any way any content where they do not have correct and full permissions or rights to do so
  • All IP rights (including for the avoidance of doubt confidential information) and copyright remain with Zivillo or any third-Party licensor.
  • All Materials and content on the Website belongs to either Zivillo or a third Party Licensor, permission granted to use and access these Materials are subject to these terms and conditions.
  • Not to copy any of the IP, (including for the avoidance of doubt any content, logo, data, aspects or any platform) and not to attempt to access the code or any other information not expressly made available and/or published.
  • Unless otherwise agreed by Zivillo, upon termination or expiry of this Agreement, the Consumer will cease to use Zivillo and any other third parties IP and return or destroy any physical embodiment of the IP (including any copies) in its possession or control.
  • Not to infringe any third-Party Intellectual Property or intellectual property rights, any proprietary rights.
  • To immediately give written notice to Zivillo of any actual, threatened or suspected infringement of Zivillos IP and any other third Party’s IP of which it becomes aware.
  • To take all reasonable action to protect the IP of Zivillo and agrees to adhere to guidelines regarding the use of the trademarks or brand marks of Zivillo and any other third Party.

Limitation Of Liability

The website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law Zivillo will not be liable for any indirect or consequential loss or damage whatever, including without limitation loss of business, opportunity, data, profit, reputation and or goodwill arising out of or in connection with the direct or indirect use of the Website.

A Party’s liability, for death or personal injury caused by its negligence; for fraud or fraudulent misrepresentation; for any other act, omission or liability which may not be limited or excluded by law. Subject to this clauses Zivillos total liability shall be limited to £1000.00 in the aggerate.

Zivillo makes no warranty that the functionality of the website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Indemnity

The Customer warrants to indemnify Zivillo for all and any claims and liabilities arising directly or indirectly out of the use of the Zivillo website.The Customer agree to indemnify and hold Zivillo and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Zivillo arising out of any breach by The Customer of these Terms and Conditions or other liabilities arising out of The Customer use of this website.

Severability and Waiver

The validity or unenforceability of any particular provision of these terms shall not affect the other provisions and shall be construed in all respects as if such invalid or unenforceable provisions were omitted.

The waiver by any Party of any default or breach of this Agreement shall not constitute a waiver or any other subsequent default or breach.

Assignment

The Customer shall not have the right to assign or otherwise transfer its rights and/or obligations under this Agreement.

Zivillo may assign all and any rights without notice.

Variation

No variation of this Agreement by the Customer shall be effective unless it is agreed in writing and signed by Zivillos (or their authorised representatives).

Non-Solicitation

The Customer shall not, without the prior written consent of Zivillo, at any time up to the expiry of twelve months after the date of termination or expiry of this Agreement, solicit or entice away from Zivillo an employee, customer, client (or agent of that party).

Survival

Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.

Data Protection and Data Processing

Both parties will comply with all applicable requirements of the Data Protection Legislation. Data Protection Legislation means (for so long as and to the extent that they apply to The Company.) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.

Zivillo will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to The Company for the duration and purposes of the Contract as detailed in the Privacy Policy which can be found here The Customer agrees for Information to be held, stored, transferred and utilised in line with Zivillos Privacy Policy.

Third-Party Rights

A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

The rights of the parties to terminate, rescind or agree to any variation, waiver or settlement under this Agreement are not subject to the consent of any other person.

No Partnership or Agency

Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the Parties, constitute any Party the agent of any other Party.

Force Majeure

No Party shall be in breach of this Agreement nor liable for delay in performing or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.

Entire Agreement

These Terms and Conditions together with any documents expressly referred to in them, contain the entire Agreement and understanding of the parties relating to the subject matter of this Agreement and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.

In agreeing to these terms and conditions, the Parties agree they have not relied on any representation other than those expressly stated in these terms and conditions.

The Customer agrees that they shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation