Please read these terms and conditions carefully before using this website. Your use of this website confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this website.

PRODUCTS, CONTENT, AND SPECIFICATIONS

All features, content, specifications, products, and prices of products and services described or depicted on this Web site, www.Viby.com (this “Web Site”), are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Viby makes all reasonable efforts to accurately display the attributes of products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the possession, use, and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

SHIPPING LIMITATIONS

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made according to a shipment contract. As a result, the risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

ACCURACY OF INFORMATION

We attempt to ensure that information on this Web Site is complete, accurate, and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Web Site. In addition, we may make changes in information about price and availability without notice. 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. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information before the acceptance and/or shipment of any order.

USE OF THIS WEBSITE

The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

TRADEMARKS

Certain trademarks, trade names, service marks, and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names, and service marks of Viby and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademarks, trade names, service marks, or logos displayed on this Web Site without the written permission of Viby or such other owner.

LINKING TO THIS WEBSITE

Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply with all applicable laws, rules, and regulations.

THIRD-PARTY LINKS

From time to time, this Web Site may contain links to Websites that are not owned, operated, or controlled by Viby affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites , or any content, materials, or other information located or accessible from any other Websites , or the results that you may obtain from using any other Websites . If you decide to access any other Websites  linked to or from this Web Site, you do so entirely at your own risk.

INAPPROPRIATE MATERIAL

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

USER INFORMATION

Other than personally identifiable information, which is subject to this Web Site’s Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to this Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this Web Site that is viewable by the public (e.g., in the Customer Reviews section) is not subject to this Web Site’s Privacy Statement and is considered User Communications. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. You agree that all User Communications are truthful, that you have obtained the consent of anyone appearing in any User Communications with you, and that any User Communications will not infringe on or violate the rights of any person or entity. By submitting, transmitting, posting, uploading, modifying, or otherwise providing any User Communications, whether solicited or unsolicited, you agree that you are granting us and our respective affiliates and our or their designees a royalty-free, fully-paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide licence to publish, transmit, perform, display, create derivative works from and otherwise use such User Communications for any purpose, including, without limitation, advertising, and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated, without any compensation to you.

DISCLAIMERS

Your use of this site is at your risk. The information, materials, and services provided on or through this website are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Viby nor any of its respective affiliates warrant the accuracy or completeness of the information, materials, or services provided on or through this website. The information, materials, and services provided on or through this website may be out of date, and neither Viby nor any of its respective affiliates makes any commitment or assumes any duty to update such information, materials, or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

LIMITATIONS OF LIABILITY

Viby assumes any responsibility or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this web site, or your downloading of any information or materials from this web site. In no event will Viby or its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production, or transmission of this web site, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of the use of this web site, any Websites  linked to this web site, or the materials, information or services contained on any or all such Websites , whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, by such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services by the returns and refunds policies posted on this website.

REVISIONS TO THESE TERMS AND CONDITIONS

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.

CHOICE OF LAW: JURISDICTION

These Terms and Conditions supersede any other agreement between you and Viby to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed by the laws of the State of Wyoming, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the federal or state courts of the State of Wyoming. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TERMINATION

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason, or no reason. You are personally liable for any orders placed or charges incurred through your account before termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

INDEMNITY

You agree to indemnify and hold Viby and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors, and assigns, harmless from any claim, loss, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

DOMESTIC USE: EXPORT RESTRICTION

We control the Web Site from our offices within India. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside The India do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, The United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.

GENERAL

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.