Terms of ServiceLast Updated: April 01, 2022

OVERVIEW

This website is operated by Vivion Energy. Throughout the site, the terms “we,” “us,” and “our” refer to Vivion Energy. Vivion Energy offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced here or available elsewhere on the site. These Terms apply to all users of the site, including browsers, customers, merchants, vendors, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree to all of these Terms, you may not access the website or use any services.

Any new features, tools, products, or services added to the current website or store will also be subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms at any time by posting updates on this page. Your continued use of the website after any changes are posted means you accept those changes.

Our online store may be hosted and operated through third-party e-commerce platforms and payment providers that allow us to offer products and services to you.

 

  1. ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your province or territory of residence, or that you are the age of majority and have given us consent to allow any minor dependents to use this site.

You may not use our products, services, or website for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction, including copyright, consumer protection, or privacy laws.

You must not transmit any viruses, malware, worms, or destructive code through the website.

A breach of any of these Terms may result in immediate termination of your access to our Services.

 

  1. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, excluding payment information, may be transferred unencrypted over various networks and adapted to technical requirements of connecting devices or networks. Payment information is processed through secure third-party payment providers.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the website without our express written permission.

Section headings are included for convenience only and do not affect the interpretation of these Terms.

 

  1. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We try to keep all information on this website accurate and current. Still, we do not guarantee that all information on the site will always be complete, accurate, or up to date.

The material on this site is provided for general information only and should not be relied on as the sole basis for making decisions without consulting more accurate or timely sources where needed.

We may update or modify website content at any time, though we are not obligated to do so. You agree that it is your responsibility to monitor changes to our site.

 

  1. MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES

Prices for products and services are subject to change without notice.

We reserve the right to modify, suspend, discontinue, or limit any product, service, content, or feature of the website at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of any product or service.

 

  1. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These may include energy-related products, consultations, installations, quotes, or other related offerings.

All products and services are subject to availability. We reserve the right to limit quantities, discontinue products, or restrict sales on a case-by-case basis.

We make reasonable efforts to display product images, specifications, descriptions, and colors as accurately as possible. Still, we do not guarantee that your device display will accurately reflect the actual appearance of a product.

We reserve the right to refuse or cancel orders where product information, pricing, or availability is inaccurate or where misuse, abuse, or unauthorized resale is suspected.

Any product or service offer made on this site is void where prohibited by law.

 

  1. BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order placed through our website.

We may limit or cancel quantities purchased per person, household, address, or order. These restrictions may include orders placed under the same account, credit card, billing address, or shipping address.

If we change or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

You agree to provide current, complete, and accurate purchase and account information for all transactions made on our website. You also agree to promptly update your account information, including email address, billing details, and payment information, so we can complete your transactions and contact you when needed.

For more details, please review our Refund Policy and Shipping Policy.

 

  1. OPTIONAL TOOLS

We may provide access to third-party tools, platforms, software, calculators, integrations, or services over which we have no control.

You acknowledge and agree that these tools are provided “as is” and “as available” without warranties, guarantees, or endorsements of any kind.

Your use of optional third-party tools is entirely at your own risk and discretion. You are responsible for reviewing the terms of the relevant third-party providers.

Any new services, tools, or features introduced on the website in the future will also be subject to these Terms of Service.

 

  1. THIRD-PARTY LINKS

Some content, products, services, or tools available through our website may include materials or links from third parties.

Third-party links on this site may direct you to websites that are not affiliated with Vivion Energy. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party websites.

We are not liable for any harm or damages related to purchases, services, content, or transactions made through third-party websites. Please review their policies before engaging in any transaction.

 

  1. USER COMMENTS, FEEDBACK, AND SUBMISSIONS

If you submit comments, reviews, ideas, suggestions, proposals, or other materials to us, whether online, by email, or otherwise, you agree that we may use, edit, copy, publish, distribute, and display them without restriction or compensation to you.

We are not obligated to keep any submission confidential, pay compensation for it, or respond to it.

We may, though we are not required to, monitor, edit, or remove content that we determine is unlawful, offensive, abusive, defamatory, misleading, or otherwise objectionable, or that violates any party’s rights or these Terms.

You agree that your submissions will not violate any third-party rights, including copyright, trademark, privacy, or personal rights, and will not contain unlawful, abusive, or malicious content.

You are solely responsible for the accuracy and content of anything you submit.

 

  1. PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy.

 

  1. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions relating to product descriptions, technical details, pricing, promotions, shipping details, lead times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice, including after you have submitted an order.

We are not obligated to update or clarify information on the website except where required by law.

 

  1. PROHIBITED USES

In addition to other restrictions set out in these Terms, you are prohibited from using the site or its content:

  • for any unlawful purpose
  • to solicit others to perform unlawful acts
  • to violate any applicable laws, regulations, or bylaws
  • to infringe on our intellectual property rights or the rights of others
  • to harass, abuse, insult, harm, defame, slander, or discriminate
  • to submit false or misleading information
  • to upload viruses or malicious code
  • to collect or track personal information of others without authorization
  • to spam, phish, crawl, scrape, or interfere with the security of the site
  • to attempt unauthorized access to the website, systems, or data
  • to misuse the website in a way that disrupts operations or harms other users

We reserve the right to terminate your use of the Service or website for violating any prohibited use.

 

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our website or services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from use of the site or services will be accurate, reliable, or meet your expectations.

All products, services, and content provided through the website are provided “as is” and “as available,” unless otherwise expressly stated in writing.

To the fullest extent permitted by law, Vivion Energy and its directors, officers, employees, contractors, affiliates, suppliers, and service providers will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the website, products, or services, including loss of profits, revenue, data, savings, or replacement costs.

Where certain jurisdictions do not allow the exclusion or limitation of certain damages, our liability will be limited to the maximum extent permitted by law.

 

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vivion Energy and our affiliates, officers, directors, employees, contractors, service providers, and suppliers from any claim, demand, liability, loss, or expense, including reasonable legal fees, arising out of your breach of these Terms or your violation of any law or the rights of a third party.

 

  1. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms. This will not affect the validity and enforceability of the remaining provisions.

 

  1. TERMINATION

These Terms of Service remain effective unless and until terminated by either you or us.

You may terminate these Terms at any time by stopping use of our website and services.

We may terminate or suspend your access immediately, without notice, if we believe you have violated any part of these Terms. Any obligations or liabilities incurred before termination will survive termination.

 

  1. ENTIRE AGREEMENT

These Terms of Service, along with any policies or rules posted by us on this website, constitute the entire agreement between you and Vivion Energy regarding your use of the website and services.

These Terms replace any prior agreements, communications, or proposals, whether oral or written, between you and us relating to the same subject matter.

 

  1. GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you services shall be governed by and interpreted in accordance with the laws of Ontario, Canada and the applicable laws of Canada.

 

  1. CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the website following any changes means you accept those changes.

 

  1. CONTACT INFORMATION

Questions about these Terms of Service should be sent through the contact information provided on the Vivion Energy website.

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