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 5 Grove Road, Fareham, Hampshire, PO16 7TF Client 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.
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.
In utilising the website the Customer agrees and acknowledges that Zivillo has the right to:
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.
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.
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:
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.
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.
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.
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.
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).
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).
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.
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.
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.
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.
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.
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.
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