Our Terms & Conditions
Last Updated 6.9.2016
1. Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the VIE Online Properties. Any such changes will become effective on the “Last Updated” date indicated above and those revised terms will not apply to any dispute between you and us arising prior to such date in which the revised Agreement incorporating such changes became effective, or otherwise notified you of such changes.
Your use of the VIE Online Properties following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the VIE Online Properties (including access via any third-party links); charge, modify or waive any fees required to use the VIE Online Properties; or offer opportunities to some or all users.
3. Jurisdictional Issues. The VIE Online Properties are controlled or operated (or both) from the INDONESIA, and are not intended to subject Vie for Living to any non-INDONESIA. jurisdiction or law. The VIE Online Properties may not be appropriate or available for use in some non-INDONESIA. jurisdictions. Any use of the VIE Online Properties is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the VIE Online Properties’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Products. The VIE Online Properties may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Vie for Living or by third parties. The availability through the VIE Online Properties of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
5. Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the VIE Online Properties or through other sales channels such as telephone orders, mail orders or our physical stores (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the VIE Online Properties, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Restrictions. Vie for Living reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
Refunds & Exchanges. Refunds and exchanges will be subject to Vie for Living’s applicable refund and exchange policies. The refund and exchange policy for Transactions made through vieforliving.com is available.
6. Shipping. Vie for Living offers shipping services subject to Vie for Living’s applicable shipping policies. The shipping policy for Transactions made through vieforliving.com is available.
Contract Customers. If you are a contract customer, as determined by Vie for Living, then, in addition to this Agreement, the Contract Terms & Conditions will apply to you and your Transactions as a contract customer; such additional terms and conditions are generally made available in connection with the registration process for contract customers.
To the extent of any conflict between the terms and conditions of this Agreement and those of the Trade Terms & Conditions or the Contract Terms & Conditions, those of the Trade Terms & Conditions and the Contract Terms & Conditions will govern.
7. Registration; User Names and Passwords. You may need to register to use all or part of any VIE Online Property. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Vie for Living, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or account for any VIE Online Property.
8. Rules of Conduct. In connection with the VIE Online Properties, you must not:
- Post, transmit or otherwise make available through or in connection with the VIE Online Properties any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the VIE Online Properties any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the VIE Online Properties for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the VIE Online Properties.
- Interfere with or disrupt the operation of the VIE Online Properties or the servers or networks used to make the VIE Online Properties available, including by hacking or defacing any portion of the VIE Online Properties; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the VIE Online Properties.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the VIE Online Properties except as expressly authorized herein, without Vie For Living’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the VIE Online Properties, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the VIE Online Properties.
- Frame or mirror any portion of the VIE Online Properties, or otherwise incorporate any portion of the VIE Online Properties into any product or service, without VIE Online Properties express prior written consent.
- Systematically download and store content of the VIE Online Properties.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content from the VIE Online Properties, or reproduce or circumvent the navigational structure or presentation of the VIE Online Properties, without Vie for Living’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Sites’ root directories, Vie for Living grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Vie for Living reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the VIE Online Properties.
9. Limited License. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Vie for Living to use the Sites, you may view one (1) copy of any portion of the Sites to which we provide you access here under, on any single device, solely for your personal, non-commercial use.
10. Vie for Living’s Proprietary Rights. We and our suppliers own the Sites, which are protected by proprietary rights and laws. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Sites. All trade names, trademarks, service marks and logos on the VIE Online Properties not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the VIE Online Properties should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
11. DISCLAIMER OF WARRANTIES. THE VIE ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. VIE FOR LIVING DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE VIE ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION 11 DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE VIE ONLINE PROPERTIES.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH VIE FOR LIVING AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
While we try to maintain the timeliness, integrity and security of the VIE Online Properties, we do not guarantee that the VIE Online Properties are or will remain updated, complete, correct or secure, or that access to the VIE Online Properties will be uninterrupted. The VIE Online Properties may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the VIE Online Properties. If you become aware of any such alteration.
12. LIMITATION OF LIABILITY. VIE FOR LIVING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE RH ONLINE PROPERTIES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, VIE FOR LIVING WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE VIE ONLINE PROPERTIES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE VIE ONLINE PROPERTIES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE VIE ONLINE PROPERTIES. THE MAXIMUM AGGREGATE LIABILITY OF VIE FOR LIVING FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO VIE FOR LIVING TO USE THE VIE ONLINE PROPERTIES; AND (B) U.S. DOLLARS ($) OR INDONESIAN RUPIAH (RP). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH VIE FOR LIVING AND THE AFFILIATED ENTITIES.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
13. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Vie for Living and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, any of the VIE Online Properties; and (b) any violation or alleged violation of this Agreement by you.
14. Termination. This Agreement is effective until terminated. Vie for Living may terminate or suspend your use of any or all of the VIE Online Properties at any time and without prior notice, including if Vie for Living believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the VIE Online Properties will immediately cease, and Vie for Living may, without liability to you or any third party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. Sections 2-8 and 10-18 shall survive any expiration or termination of this Agreement.
15. Governing Law; Arbitration. The terms of this Agreement are governed by the laws DKI Jakarta, Indonesia., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND VIE FOR LIVING, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT VIE FOR LIVING AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the Indonesian Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by this Agreement.
16. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
17. Information or Complaints. If you have a question or complaint regarding any of the VIE Online Properties, please contact us by visiting http://vieforliving.com/contact-us/. You may also contact us by writing to Vie for Living, Attn: Customer Service, Jalan Kemang Timur Raya no. 50 Jakarta Selatan, or by calling us at +62 21 7180501.
18. Export Controls. You are responsible for complying with Indonesia export controls and for any violation of such controls, including any Indonesia embargoes or other rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a Indonesia government embargo or other restriction, or that has been designated by the Indonesia government as a “terrorist supporting” country; (b) on any of the Indonesia government lists of restricted end users.