Terms

Key Terms

Vivo Warriors (ID: 2751431-9) provide an online platform and online marketplace for Service Providers (collectively, as “Service Providers” to offer their services (collectively, as “Services”) to Customers (private individuals or corporate customers) that seek to book such services, which are accessible at online market place (vivowarriors.com (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application"). Other terms of Vivo Warriors’ Site, Application or Services are described in more detail in the Terms.

Terms of Service

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modification

Vivo Warriors reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the discovery and booking of Services and Service Providers. Such Services and related Service Providers are visible on the Vivo Warrior’s Site, Application and Services.

Vivo Warriors makes available an online platform or marketplace with related technology for Customers and Service Providers to meet online and arrange for bookings of Services directly via Vivo Warrior’s platform. Vivo Warriors do not employ Service Providers and thus do not take any direct responsivity of the quality or content of the Service Provider Services. Unless explicitly specified otherwise in the Vivo Warrior’s platform, Vivo Warriors’ responsibilities are limited to facilitating the availability of the Site, Application and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER.

Customer Account Registration

Vivo Warriors welcome all private and corporate customers. Shop In relation to compliance with the applicable EU and Finland's legislation on consumer sales, marketing and advertising. Corporate customers and Vivo Warriors Ltd trade agreement between the observed primarily in these terms and conditions and the remainder of the Finnish trade law.

In order to access certain features of the Site and Application, and to book Services you must register to create an account ("Vivo Warrior’s Account") and become a Customer. You may register to join the Services directly via the Site or Application.

Your Vivo Warriors Account and your Vivo Warriors Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active Vivo Warriors Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Vivo Warriors reserves the right to suspend or terminate your Vivo Warriors Account and your access to the Site, Application and Services if you create more than one (1) Vivo Warriors Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

Customer information required as part of the registration covers at least name, address and phone number and e-mail address. Corporate customers are required also to provide the name of a contact person, phone number and e-mail and company ID registration number, mailing address, telephone number or numbers and billing details, if necessary, also a separate e-mail address used for billing.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Vivo Warriors Account, whether or not you have authorized such activities or actions. You will immediately notify Vivo Warriors of any unauthorized use of your Vivo Warriors Account.

Service Provider Account Registration

In order to access certain features of the Site and Application, and offer services, create your Service Provider profile and become a Service Provider. You may register to join the Services directly via the Site or Application.

Your Vivo Warriors Account and your Vivo Warriors Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active Vivo Warriors Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Vivo Warriors reserves the right to suspend or terminate your Vivo Warriors Account and your access to the Site, Application and Services if you create more than one (1) Vivo Warriors Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

Your personal information required as part of the Service Provider registration covers at least name, address and phone number and e-mail address. Additionally, information on your education, and background are required as a base for your own Service Provider Profile. Although Vivo Warriors may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of education testimonials, certifications, and other such king of evidence of your competence, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Service Provider and/or screen Service Provider information against third party databases or other sources

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Vivo Warriors Account, whether or not you have authorized such activities or actions. You will immediately notify Vivo Warriors of any unauthorized use of your Vivo Warriors Account.

Any references in the Site, Application or Services to a Service Provider being "qualified" (or similar language) only indicate that the Service Provider has completed a relevant verification or identification process as required for Service Provider Badge level classification and profile information presented at vivowarriors.com. Service Provider badge level and profile information are intended to be useful information for Customers to evaluate and compare Service Providers when making booking decisions with via the Site, Application and Services.

Prices, Service Fees and other Fees

In consideration for the use of Vivo Warriors' online marketplace and platform, Vivo Warriors charges Service Fees. Vivo Warriors Payments collects these Service Fees, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Customer Price. Vivo Warriors Payments deduct the Service Provider Fees from the Customer Price before remitting the balance to the Service Provider. Customer Prices are, as noted above, including Service Provider fee and Taxes. The total Customer Price payable will be displayed to a Customer before the Customer makes a booking request at Vivo Warriors' online marketplace.

Selected payment option may raise the final Customer Price of the booking request. Price of different payment options are shown when the choice of payment method is made. If service location defined by the customer differs from the location of the Service Provider and/or requires the Service Provider to travel outside its regular service location, travel costs are added to final customer price of the booking.

If a price list presented at Vivo Warriors' online marketplace contains clear price errors, the Services will not be sold at prices considerably below, if it can be assumed that customer understood the error.

Payments

Current information about payment methods can be found in Vivo Warriors’ Site. Please note that online payment (e-payment), bank identifier codes will require the customer account to be established.

Corporate customers having re-occurring payments have the opportunity to apply for billing accounts. For more information, contact Vivo Warriors sales at info@vivowarriors.com.

Recurring payments can be terminated in writing at least fourteen (14) business days prior to the scheduled payment date. If written confirmation is not delivered within the time limit, the recurring payment can be stopped from the counter future payment date after the payment date.

Payment Facilitator:-

Bambora PayForm (Paybyway Oy, business-id FI24865594) is the payment facilitator of the online shop. The Paybyway Oy is a payment facilitator authorized by the Financial Supervisory Authority of Finland. The payment process is conducted in the online service of the Bambora. Bambora or Paybyway Oy is shown as the payment received in the bank account listing and in the invoice. Paying with Bambora is safe. All information is exchanged through secured connections.

The trade happens between the online customer and the online shop. The online shop is responsible for all obligations related to the trade.

Read more about Bambora: https://www.bambora.com

Payment methods

With Bambora PayForm you can pay your order by an internet banking account, a payment card (credit/debit), an invoice or a partial payment. The following methods of payment are supported: Osuuspankki, Nordea, Danske Bank, Oma Säästöpankki, Säästöpankki, Aktia, Paikallisosuuspankit, S-Pankki, Handelsbanken, Ålandsbanken, Visa-, Visa Debit-, Visa Electron-, MasterCard- and Debit MasterCard payment cards, Jousto, Everyday and Euroloan.

Jousto: With Jousto invoice and part-payment you can pay in over 4000 online shop in Finland. With Jousto invoice, you get 14 days payment time (invoice fee 4,90 eur). With Jousto part-payment, you get max 12 months payment time (invoice fee 4,90 eur and monthly interest rate 2,42%). More information: www.jousto.com

Everyday: Everyday credit limit is at least 300 eur. Pay with one transaction by the end of next month (no extra fees) or with monthly payments. Minimum sum per monthly payment is 1/5 of the total sum of the bill. After the due date, 5% monthly interest rate is added. Annualized percentage rate for typical 500 eur credit is 48,52 %. More information: www.everyday.fi

Euroloan: Euroloan Consumer Finance Oyj (2159120-9) is a Finnish financing institution operating since 2007. Euroloan invoice and part-payment is available to over 20 years old consumers having a permanent address in Finland. The payment method is enabled for payments from 10 to 2000 eur. The part-payment is invoiced every 30 days. For example, annualized percentage rate for a 1500 eur credit is 26,1 % when the payment term is 12 months. The total price is 1697,15 eur (incl. interest rate 6 %, invoicing fee 3,95 eur/month, opening fee from 3 eur).

Euroloan Consumer Finance Oyj reserves a right to review the credibility and the address information of consumers using Euroloan invoice or part-payment. The consumer is also requested the provide the personal id number. The credit is approved or declined based on this review. The order is delivered only to the address registered to the Population Register of Finland. More information: www.euroloan.fi/luotot/laskujaosamaksu

Laskuyritykselle.fi:

Your company can request an invoice by an electronic invoice or by e-mail (.pdf invoice). The payment term is 14 days. Your company can authorize certain persons to make purchases and manage the purchases easily with an online service. Your company can track purchases by using the online service. The service is free of charge. Read more about the Laskuyritykselle.fi service at www.laskuyritykselle.fi.

Maksukaista Lasku - Maksukaista Invoice:

The arvato Finance offers an option to pay the order by an invoice. The payment term is 14 days. Paying by the invoice requires to be over 18 years old, to have a valid credit history, to have a registered address in Finland in the Population Register and the goods to be delivered to the registered address in Finland.

If total sum of the purchase exceeds 50 euros, you can decide to pay the invoice in parts. Activating the part payment requires accepting the PayByBill terms and conditions and to pay the minimum part stated in the invoice. The remaining part of the credit can be paid at any time without any extra expenses.

2,90 eur credit fee and interest rate are added to the monthly invoice. The current yearly interest rate is 19,50%. The interest rate is tied to the interest rate defined by the European Central Bank twice a year. In addition, one time fee of 9,50 eur is invoiced for opening the credit account. PayByBill terms are available in: http://finance.arvato.com/fileadmin/user_upload/Finland/terms_conditions/PB…

Contact Bambora PayForm

Bambora PayForm, Paybyway Oy (business-id FI24865594)
E-mail: payform@bambora.com
Telephone: +358 29 300 5050 (workdays 9-16)
Address: Laserkatu 6, 53850 Lappeenranta, Finland

Cancellations, modifications and Refunds

If, as a Customer, you wish to cancel or modify a confirmed booking made via the Site, Application and Services, the following cancellation policy applies. Confirmed booked can be cancelled or modified no later than 3 work days prior to the confirmed service delivery time. If confirmed booking is cancelled according to this policy, the price of the service is refunded. Any modification or cancellation happening later than 3 work days prior to the confirmed service delivery time, the service is charged for the full price.

If, as a confirmed Service Provider for the booking, you are not able to deliver the service, i) you are obliged to seek deputy Service Provider who meets original service request requirements via Vivo Warriors’ Site, Application and Services, ii) the Customer will receive an email or other communication from Vivo Warriors containing alternative Service Provider and other related information, iii) Customer may accept the change of Service Provider, or iv) Customer may request original Service Provider to deliver the service at new time convenient to original Service Provider.

If, as a Service Provider, you cancel a confirmed booking or fail to maintain your availability information up-to-date in Vivo Warriors’ Site, Application and Services, you agree that Vivo Warriors may apply penalties or consequences to you, including (i) hiding your Service Provider profile, (ii) keeping the calendar for your services unavailable or blocked for the certain penalty period, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In accordance with the Consumer Protection Act the right of withdrawal does not apply to services or the digital content, if the service is completely performed or the supply of digital content online has been launched to start your consent to the transmission of, and if the lack of the right of withdrawal has been told in advance.

Privacy

You agree that Vivo Warriors's Privacy Policy (as may be updated from time to time) governs Vivo Warriors's collection and use of your personal information.

Intellectual Property Ownership and Rights Notices

Vivo Warrior’s own the right for the Site, Application, Services, and the content within the Services including copyright, trademarks, service mark and other proprietary information. You acknowledge and agree that the Site, Application, Services and the content within the Services, including all associated intellectual property rights, are the exclusive property of Vivo Warriors and its licensors. “Intellectual Property Rights” means patents, inventions, trademarks, domain names, trade secrets, rights in know-how, copyrights, rights related to copyrights and any other intellectual property rights, in each case whether registered or not, and including without limitation the right to amend and further develop the objects of those rights and the right to assign one’s rights.

No copyright to any material is established or transferred to you through the use of Site, Application, Services, or through downloading material from the Service, or uploading or submitting material to the Service.

Vivo Warriors and its cooperation partners reserve the right to use all materials, feedback, ideas, and other information you have submitted to, or through, or for the Service for their production of the Service and additional services provided by Vivo Warriors and/or its cooperation partners.

Competition

Any bookings between Customer and Service Providers as listed in Vivo Warriors Site, Application and Services must happen via Vivo Warriors Site, Application and Services. Service Providers are not allowed to contact Customers directly nor Customers to make any direct bookings or additional business propositions to Service Providers available at Vivo Warriors’ Site, Application and Service.

If either violates this competition clause presented here, you agree that Vivo Warriors may apply penalties or consequences to you, including (i) cancel the business relationship and remove the resisted account, (ii) delete the Service Provider profile and booking calendar, and (iii) impose the financial penalty to Customer and Service Provider of the current and future monetary loss caused to Vivo Warriors.

Les Mills International Programs

LesMills Programs including and not limited to BODYPUMP®, BODYATTACK®, BODYBALANCE®, BODYCOMBAT®, BODYJAM®, RPM®, BODYSTEP®, BODYVIVE®, CXWORX®, SH’BAM®, BORN TO MOVE™, GRIT® Strength, GRIT® Plyo ja GRIT® Cardio are licensed based programs. Only Service Providers having the valid Les Mills program specific Instructor License are entitled for instructing Les Mills Programs in the Sport Centers and Gyms having the valid License Agreement with Les Mills.

Instructor License has been approved in accordance with the requirements of Les Mills International and its program specific. Service Provider is responsible to act in accordance with Les Mills Instructor Agreement in order to maintain the right to offer instructing services of Les Mills Programs and maintain the status of the Les Mills program specific license in Vivo Warrior’s Site, Application and Services.

Customers having the valid License Agreement with Les Mills are entitled for purchases of Les Mills Instructing services for the licensed programs via Vivo Warrior’s Site, Application and Services. Customers are responsible to maintain the status of the Les Mills program specific license information in Vivo Warrior’s Site, Application and Services.

If either misconducts this Les Mills License clause presented here, you agree that Vivo Warriors may apply penalties and consequences to you, including (i) disclose the misconduct to Les Mills International, (ii) cancel the business relationship and remove the resisted account, (iii) delete the Service Provider profile and booking calendar, and (iv) impose the financial penalty to Customer and Service Provider of the current and future monetary loss caused to Vivo Warriors.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Vivo Warriors and you hereby irrevocably assign to Vivo Warriors and agree to irrevocably assign to Vivo Warriors all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

Liabilities and Limitations of the Liability

The Service Provider shall be liable on the service quality, reliability of service provisioning and compliance of its Services according to the required licenses. Additionally the Service Provider shall be liable to secure continuity of its Services by having the applicable insurances limited to the scope of Services. Vivo Warriors has right to request the Service Provider to provide respective evidence of insurance, education or licenses required from the Service Provider for the provision of Services.

Vivo Warriors shall not be liable for any damages if caused entirely or partially by the Service Provider’s failure to comply with the terms of the Agreement or the usage instructions.

Vivo Warriors when creating, producing, or delivering the Site, Application, Services or related Content shall not be liable for any incidental, special, exemplary or consequential damage, including lost profit or loss of goodwill, service interruption, computer damage of system failure, downtime caused by 3rd party services or the cost of substitute product or service, or for any damage for persona or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use Site, Application, Services.

Vivo Warriors shall not be obliged to fulfill the contract, if it is subject to force majeure, which it cannot reasonably be overcome. Vivo Warriors shall not liable to compensate the Customer of force majeure, damage or expense resulting from the customer, and is entitled to cancel the contract.

Vivo Warriors is only liable for damages caused by its intentional acts or acts of gross negligence.

Vivo Warriors’ maximum liability in all cases is limited to the amount Customer have paid for using the Site, Application, Service or part thereof in the month immediately preceding an event that has led to a claim. Vivo Warriors are under no circumstances liable for indirect, consequential, or unpredictable damages.

Governing Law and Dispute Resolution

The Agreement shall be construed in accordance with the laws of Finland excluding its choice of law provisions and the UN Convention on Contracts for the International Sale of Goods. All disputes arising out of the Agreement shall be finally settled by arbitration by one (1) arbitrator in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitration shall take place in Helsinki, Finland, and shall be conducted in Finnish. Notwithstanding the above, Vivo Warriors shall be entitled to seek equitable and/or injunctive relief to prevent or stop a violation of the terms in the Agreement and take legal actions concerning overdue payments, in any court of law.

Contacting Vivo Warriors Ltd

If you have any questions about these Terms, please contact Vivo Warriors.

Contact Information

Vivo Warriors Ldt
Info@vivowarriors.com
+358 40 750 3913
ID: 2751431-9

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