Terms of Use

Introduction

This term of agreement makes use of the Privacy policy, Acceptable use policy, Copyright infringement policy and Cookies policy and serves as proof of the contract you signed up with when using Vivus Hub Ltd (“our”) services. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and act on such other party’s behalf with respect to any actions you take in connection to our services. To know more about the privacy and cookies policy please click the action you wish to perform below. This term of use is effective from the 1st of January 2023 till further notice. Vivus Hub ltd reserves the right to update the Terms of Use at any time without notice to users. The most current version of the Terms of Use can be reviewed by clicking the action button ‘Terms of Use’ located at the latter of our Web pages. At the time of production, this contract was written according to British law and was written in British English, the terms may vary when translated and the laws may be different in some countries, please check with your local authorities or contact us directly for more information on our terms of use. This page has been made to convey the terms as simply as possible. In this agreement we both play a role in ensuring we get the most out of our services, to ensure such Vivus hub and those appointed to work in our name have included the moral and legal roles we undertake. We understand we may not be able to list all possible scenarios and in such cases do not warrant lawful prosecution from you, you are using our services at your own risk. We are also subjected to this agreement and by law expected to follow them.

What you give us

In the chance you do sign up for our services you cannot give us false, wrong or outdated information when prompted to do so, this may include email and or phone number. This would serve as a means for us to contact you if there is an abuse or infringement in our terms or perform other actions such as verifying ticket purchases, subscriptions and others actions you may make using our services. Vivus hub is not responsible for any lapse in service, including without limitation, any lapse in purchasing tickets, making donations to an event that is registered on the services, creating events, or events management with respect to promoting, managing, tracking and collecting sales revenue due to outdated contact information being associated with your account. If you need to verify or need help changing your contact information please contact our support team at support@vivushub.com. Providing false contact information of any kind may result in the termination of your account. By the continuous use of our product, you agree to be:

  • Fully responsible for your account activity.
  • Any actions that may take place through your account.
  • Maintain the confidentiality of your access key (or password) and other information related to the security of your account.

The information we collect is used according to the Privacy policy and we may exercise the rights to use your information granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. In the event you wish to terminate how we collect and use your information, you can always do this under settings or via a formal request. To make a formal request to delete your account please follow the steps below or contact us to guide you through taking this action.

  • Open email application.
  • Address the email to Vivus hub (support@vivushub.com).
  • Tell us who you are, and how we can identify you.
  • Make a declaration of your request, for example, “I am writing this letter to ask for the removal of my personal information you may have”.
  • Tell us the information you want us to delete.
  • (Optional) Tell us why.
  • End your formal letter and we would get back to you as soon as possible.

NB: Please note the email should come from the email you used to register your account and should be verified by the standard email provider, this is usually done by default when sending it via their email service(or app).

According to our privacy policy Vivus hub (‘we”) may not use the information we collect to harm our users. The information we get is for easy identification, tailor content to your taste and increased security and would be handled with discretion. Check our privacy policy to see more about the actions we take using your information. We cannot ask for information that is not being used to improve our services and may or be considered personal information, this information includes marital status, financial status and or Educational status. The information related to monetary transactions is considered personal but is essential for an effective and safe transaction and may only be obtained from you. Your bank or legal entities protects you and provides security for your personal information and monetary actions, we also play our part in ensuring the information remains between you, Vivus Hub ltd and your bank (or legal entities) (if you or your bank or legal entities) choose not to disclose the information to third parties).

Bot, false log information and spam

You may not use bots to open accounts, contact or spam Vivus hub or any of our contacts. This method is deemed illegal in most countries and is found to be an infringement of our Internet rights. If you were found partaking in such fraudulent activity, legal actions would be taken and in most cases would warrant an arrest and or a fine.

Hosting Event

For organizers, as part of the creation of a paid event or at any time following such creation, you are required to have accurate, up-to-date and complete additional information on file during or before event creation such as information about yourself, the entity you represent (if any) and the principals / beneficial owners of the entity you represent which may include names, bank account or other payment account information and or national insurance number. This information may be used to verify your identity, the validity/or legality of your transactions and or whether you qualify to use the service for paid events.

Upon event creation, we issue a unique id where organizers can identify which ticket belongs to their event. When an order is placed by an Attendee, Vivus hub generates a confirmatory message and issues a unique confirmation number for such Attendee’s order. Organizers agree to unconditionally accept, honour and fulfil all ticketing, registration, merchandise and donation commitments that have been confirmed by Vivus hub through the services and it is the Organizer’s responsibility to verify an Attendee’s confirmation id and/or any event restrictions prior to the applicable event. Vivus Create organizers agree that a payment made by an Attendee to Vivus hub shall be considered as the same payment made by an Attendee directly to the Organizer and Organizer will sell or provide all advertised goods and services to the Attendee as if the Organizer had directly received the Event Registration Fees from such Attendee, regardless of whether the Event Registration Fees have yet to be received from Vivus hub. Vivus Create organiser also agrees to uphold every an all promise made when requesting a sponsorship campaign and brands agrees to follow without limitation what is explicitly expressed in the campaign. Organizer agrees that in its role as a limited agent, Vivus hub is authorised to

  • Hold, disperse and retain proceeds on Organizer’s behalf pursuant to this Merchant Agreement.
  • Issue refunds to Attendees and
  • Manage credit card chargeback.

Vivus hub assumes no liability for any acts or omissions of Organizer and Organizer understands that Vivus hub obligation to pay Organizer is subject to and conditional upon receipt of the associated Event Registration Fees from Attendees. Organizer further authorizes Vivus hub to delegate its obligations to certain of its affiliated entities both within and outside the United Kingdom, provided, that Vivus hub will remain liable for the discharge of its obligation by such affiliated entities.

Vivus Create organizers agree that all Event Registration and Campaign Fees for a given event are earned by Organizer only following the conclusion of the applicable event. Vivus hub, at its discretion, may determine to advance a portion of Event Registration Fees to Organizer, on such terms and conditions set forth in this Agreement that Organizer and Vivus hub agree to in a separate Advance Payment Agreement. Organizers agree that any payments made by Vivus hub of Event Registration Fees prior to the tenth (10th) business day after the end date of the applicable event are merely advances of the amount that may become due to Organizer under this Agreement. If Vivus hub decides to advance a portion of the organiser proceeds and certain conditions warrant your event to be flagged as fraudulent or does not comply with our terms of use for Vivus, you agree that Vivus hub may at any time terminate or suspend your right to receive payment such advance payments. Organizers agree that Vivus hub may demand back such advances (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, charges in Organizer’s credit profile or the underlying event(s) risk profile, breach of the Terms of Use. Upon receipt of notice of any such demand, organizers shall thereupon promptly pay back to Vivus hub the portion of any such advance demanded. Organizers acknowledge and agree that Vivus hub reserves the right to withhold funds and reimburse Vivus hub for refunds and credit card chargebacks. No payment shall be made to Organizer with respect to any event that is cancelled or with respect to which Vivus hub believes there is a risk of cancellation or non-performance unless Vivus hub receives adequate security. No Event Registration Fees for a given event shall be earned until that event is successfully completed. if payments have already been made to an Organizer for a cancelled event. The organizer will immediately refund to a payment address designated by Vivus hub all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are made.

Vivus Create organizer may from time to time request additional Services from Vivus hub, including without limitation, marketing and promoting services, equipment leasing, on-site services, printed tickets and dedicated account management (default), which Vivus hub may provide at its discretion and the terms of which will be covered by a separate written agreement. Fees for such ancillary Services will be disclosed to Organizer prior to the Organizer’s acceptance of such Services.

Billing and Payment information

When using Vivus, keep in mind that Vivus hub is not the organizer or owner of the events listed for sale or registration Services. Vivus hub provides the Services, which allow Organizers to list and promote their events, but all sales are made by the respective Organizer listed on the applicable event page or window. It is the organizer’s sole obligation to ensure that the details, nature and conduct of the underlying event meet all applicable local, state, provincial national and other laws, rules and regulations and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.

When using Vivus you should keep in mind we do not handle any sensitive details, a standard method of payment is used and hence restrict the use of third-party payment except otherwise expressly stated by us. Creating a Vivus hub account, socialising and events management are free. We charge our fees only when a user buys tickets, ad campaigns or requires additional features which may warrant a subscription. All description of standard fees on the Services represents the standard fees that Vivus hub charges to its Users. These fees may vary based on individual agreements between Vivus hub and certain users. Organizers are the sole decision-maker in choosing if the user pays for our services or if it is absorbed into the ticket, campaign or registration price and paid by the Organizer out of ticket and registration gross proceeds. Vivus hub does not control fees levied by banks and or credit card companies, including fees for purchases and registrations in foreign countries or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates. For international payments, at the point of checkout, the transaction is charged in the seller’s currency. Vivus hub does not include any applicable sales, use, revenue or other taxes imposed by any taxing authority. Any applicable tax will be added to Vivus hub’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Payment Information and or Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction with Vivus hub Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Risk of Loss

All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by Vivus hub. Title to products purchased on the Service, as well as the risk of loss, delays, delivery failures, wrong deliveries and or any and all service interruptions for such Service, passes to you when Vivus hub and or our supplier delivers these items to the carrier. We shall not be responsible for any damages your business or you may suffer and make no warranties of any kind, expressed or implied for the Services. In the event of a query for Vivus service, we employ that users contact the applicable Organizer of their event with any refund requests. On the page, app, modal or window of the event, a contact form is provided to contact the organizer. Organizers should respond to your request within 7 business days. If you haven’t heard back from your organizer, you can reach out to us either via our contact form on our home page, online chat, call and or email at support@vivushub.com and we’ll do our best to connect you so the issue can be resolved. When contacting Vivus hub about a refund request, please have the following details available and if possible be included in the corresponding message: if and when you reached out to the organizer, your email address and order number, why you are requesting a refund (no one was there, event cancelled or postponed, the performer didn’t show, denied entry etc). Note: When you contact us about a refund request, we contact the organizer on your behalf. We give the organizers 4 business days to respond and will follow up with you once we receive a response. We cannot and would not issue any refund after 10 working days.

Third parties

Vivus hub does not disclose personal information to third parties without your permission but we do not ensure the third party would use the information with our level of security. If you do accept to give third parties permission to collect information from us, you agree to follow their agreement and use their service at your own risk.

Legal age

By registering for or using our Services, you agree and warrant you are eighteen (18) years of age or older. The services are intended solely for Users who are eighteen (18) years of age or older. Unless you are under 18 years old and your account was provided to you as a result of a request by a guardian who is 18 years or older and is capable of binding such agreement. We do not knowingly collect, use or disclose personal information from individuals under 18, or the equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Any registration, use of or access to “Vivus hub (“our”, “us” and “representative”) service, by anyone under eighteen (18) is unauthorized and is a violation of this agreement.

Content

You may not use our name, brand, logo, text, graphics, images, videos, information, software, audio, trademark and or other files and their selection and arrangement, and all software used to provide the services (collectively, “Vivus hub Content”), Vivus hub Content are the proprietary property of Vivus hub Ltd and are subject to copyright, trademark and or patent protection in the United Kingdom and foreign countries and other intellectual property rights under the United Kingdom and foreign laws. Vivus hub is provided to you ‘as is’, ‘as available’ and ‘with all faults’ for personal, non-commercial use only and may not be modified, copied, distributed, posted, transmitted, sold or exploited in any form or by any means, in whole or in a party other than as expressly permitted in this agreement. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or any trade secrets from “Vivus hub content”. Any use of Vivus hub content other than as specifically authorized herein, is prohibited and will automatically lead to the termination of your right to use the services and any Vivus hub Content and or may warrant a fine. All rights to use “Vivus hub Content” that are not expressly granted in this agreement are reserved by Vivus hub ltd.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the services (collectively “User Content”). User Content includes any content through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on and or through your account. By posting or distributing User Content on or through our service, you represent and warrant to Vivus hub that we have all the necessary rights to post or distribute such user content, and your posting and or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes relating to the provision of our services, you hereby grant to Vivus hub a non-exclusive, royalty-free, worldwide right and license to use, reproduce, publicly perform, publicly display, modify, translate, distribute (in whole or in part), publish User content and make archives or backup copies of User Content and User websites. This license continues even if you stop using our Services (for example, an event you attended a few months ago). At all times, you agree Vivus Hub has the right to disclose information in order to (i) verify the user, and (ii) defend itself in court. For organizers of Vivus Hub, you agree that Vivus hub is permitted to share, and verify with due diligence Registration Data, Additional Registration Data and information relating to your events and transaction on the Services. Except for the rights expressly granted herein, Vivus hub does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

Vivus hub exercises no control over and accepts no responsibility for, User Content or the content of any information passing through Vivus hub computers, network hubs, servers and points of presence or the Internet. We do not monitor User Content. However, you acknowledge and agree that Vivus hub may, but is not obligated to, immediately take any corrective action in Vivus hub’s sole discretion, including without limitation removal of all or a portion of the User Content, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Vivus hub shall have no liability due to any corrective action that Vivus hub may take.

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control or access to sensitive data, such as information about children or medical information. Vivus hub does not warrant that the Services, as offered, comply with the federal health insurance portability and accountability act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Vivus hub is not a Business Associate or subcontractor or agent.

Commercially Available Contents

Some contents are available freely to entitled individuals but are subjected to this agreement. When using our free content you have the permission to use, reproduce, publicly perform, publicly display, modify, translate, distribute, and publish in whole or in part as long as:

  • Vivus hub is referenced in such work through e.g a copy of this Vivus Hub ‘Commercially Available Contents’ terms or URL link back to our terms and conditions.
  • In the event you collect information about users, you must make it clear you (not Vivus hub) are the ones collecting such information.

The software is provided ‘As is’, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.

Legal Agreement

We may provide information to the government by providing a warrant to access your information through or from us. We may notify you if such actions are being taken but we are also subjected to the laws of the UK and may be prevented from taking actions. We may take legal actions to protect your privacy but we do not warrant full protection against any infringement by the government. This is due to the fact that the government may have legitimate reasons to withhold a such privilege. Please check with your local authority to ensure you abide by the law when using our services.

In the event you do not accept the terms of use please terminate all our services.