Copyright © 2011-2014 Vyiha Publishing
Use of this site is subject to the following Terms and Conditions of Use
Please read our terms and conditions, which you agree to in visiting Vyiha.com (Website). As a visitor you accept that by using this Website you agree that Vyiha Publishing Ltd. (Company) assumes no responsibility for the nature or content of anything contained on this Website and disclaims all liability in respect of such nature or content.
2. Acceptance of Terms
(a) The Website is provided Company, which provides its services to you, subject to the following Terms and Conditions (T&C), which may be updated by the Company from time to time without notice to you.
(b) PLEASE NOTE: All minors are recommended to consult with their parents/guardians in respect of these T&C before using this Website.
3. Description of Service
Vyia.com currently provides or allows browsing and/or access to its services and products. The Company may add, delete or change some or all of the services and products provided at any time. Unless otherwise stated these T&C apply to you even if you are a casual visitor of the Website.
(a) When providing personal data to the Website, you agree to:
(i) Provide true, accurate, current and complete information about yourself as prompted by the Feedback registration form;
(ii) Provide true, accurate, current and complete information about yourself as prompted by the Third Party Service used for purchases services in the Website.
If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate its services in your respect and refuse any and all current or future use of the Website (or any part of it). In any cases, the Company will be held liable for any damage caused after submitting untrue, inaccurate, not current or incomplete.
(b) Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (Minors) are not permitted to use the Website without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to provide personal information to the Website. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Website, we will remove that information as soon as possible.
5. Code of Conduct
You undertake not to use this Website to:
(i) Transmit any content that is unlawful, tortuous, defamatory, harmful or invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
(ii) Transmit any content that harms minors in any way;
(iii) Transmit any content that is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(iv) Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(v) Interfere with or disrupt the Website or servers or networks connected to the Website, or infringe any requirements, procedures, policies or regulations of networks connected to the Website, or interfering with another visitor's use and enjoyment of the Website, including but not limited to: transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or intentionally or unintentionally violate any applicable local, state, national or international law;
(vi) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(vii) Collect, store, or distribute personal data about other users without their consent;
(viii) Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Website or any other part thereof, except and solely to the extent permitted by this T&C, the features of the Website or by law, or otherwise attempt to use or access any portion of the Website other than as intended;
(ix) Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Website, use of the Website, access to the Website or content obtained through the Website;
(x) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any part of the Website or features that enforce limitations on the use of the Website;
6. Intellectual Property Right and Licenses
Except as expressly authorized by the Company or advertisers, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, license, sub-license, distribute or create in any way content and/or derivative works from this Website, in whole or in part.
7. External Links
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. As the Company has no control over the content or security of such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party Websites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
8. Disclaimer of warranties
You expressly understand and agree that your use of this Website is at your sole risk. This Website is provided on an "as is" and "as available" basis and the Company and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to this site or its contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links. Also, The Company makes no warranty that:
(i) The Website will meet your requirements;
(ii) The Website will be uninterrupted, timely, secure, or error-free;
(iii) The quality of any products, services, information, or other material obtained by you through this Website will meet your expectations;
(iv) Further, if your use of the Website or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs. Any material downloaded or otherwise obtained through the use of Vyiha.com is done at your own discretion and risk you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you through or from Vyiha.com shall create any warranty not expressly stated in the T&C.
(a) You agree to defend, indemnify, and hold harmless the Company its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content or your breach of the terms of these T&C, including, but not limited to:
(i) Any injury to any person or property caused by products or services supplied through the medium of the Website;
(ii) Any material which infringes the proprietary or intellectual property rights of any third party;
(iii) Any copyright infringement;
(iv) Any defects in products advertised through the medium of this Website.
(b) The Company shall provide notice to you promptly of any such claim, action or demand and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
10.Limitation of Liability
(a) Your use of this Website is at your own risk. If you are dissatisfied with any of the content or the service or with these T&C, or any other rules or policies, your sole remedy is to discontinue use of Vyiha.com;
(b) You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from:
(i) The use or the inability to use this Website;
(ii) Unauthorized access to or alteration of your transmissions or data;
(iii) Statements or conduct of any third party on the service;
(iv) Any other matter relating to the Website products and services.
(c) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Terms & Conditions
(a) Vyiha offers the ability to purchase and download digital content, such as eBooks, (individually and collectively, Digital Content). Vyiha grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Digital Content in accordance with these T&C.
(b) Users may generally browse Digital Content without having to purchase or download the Digital Content. In order to be able to purchase and/or download Digital Content, you must first provide a valid credit card information and your billing address to Vyiha. At the time of purchase, Vyiha grants you a non-exclusive, revocable license to download and make personal, non-commercial use of the Digital Content.
(c) Vyiha reserves the right to modify or discontinue the offering of any Digital Content at any time.
Because of the nature of the products, Vyiha does not refund any of the Products purchased through the Website. You may be nevertheless eligible to discounts on future products bought in the Website if you communicate to Vyiha the motives of your dissatisfaction on the product purchased within 15 (fifteen) days after the date of purchase. To communicate your dissatisfactions related to a product bough in the Website, please email the Company at email@example.com. Please state “Dissatisfcation” in the subject line of your email. We will investigate the case and will decide whether you are eligible to future discounts.
13. Availability of Services
The Company may decide to make changes to or discontinue any aspects of the Website and any of the features, media, content, products, software or services available via the Website, at any time and without notice and without liability to you. The features, media, content, products, software or services available on and through the Website may be out of date, and the Company makes no commitment to update any aspect of the Website. The Company makes no representations and warranties with respect to availability of the Website and may discontinue the Website at any time with or without notice.
The Company reserves the right to change the T&C at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue this Website temporarily or permanently, with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of this Website.
15. Trademark Information
Vyiha, the Vyiha logo, other Vyiha derivative graphic elements from the logo (graphic elements are composition of two or more basic geometrical elements such as lines, arcs and circles) and product and service names are Registered Trademarks of Vyiha Publishing, Ltd. Without the Company's prior permission, you agree not to display or use in any manner, the items listed above.
(a) THE WEBSITE AND ANY THIRD-PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
(b) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VYIHA AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VYIHA OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. VYIHA AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE WEBSITE OR ANY PART THEREOF, OR ANY SERVICES PROVIDED BY VYIHA, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE OR ANY ASSOCIATED SITES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE WEBSITE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
17. Limitation of Liability and Basis of the Bargain
(a) VYIHA SHALL NOT BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS T&C OR ANY TERMINATION OF THIS T&C, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. VYIHA SHALL ALSO NOT BE LIABLE FOR ANY ROYALTIES, FEES, PAYMENTS OR DAMAGES ARISING OUT OF THE FAILURE OF ANY LICENSEE TO PAY VYIHA OR YOU ANY ROYALTIES THAT ARE DUE FOR ANY USE OR MISUSE OF YOUR AUTHORIZED CONTENT, WHETHER PURSUANT TO AN EXISTING, EXPIRED OR TERMINATED AGREEMENT WITH VYIHA OR OTHERWISE. VYIHA'S TOTAL LIABILITY TO YOU FOR ANY BREACH OF THIS T&C SHALL IN ALL INSTANCES BE LIMITED TO THE AMOUNT OF MONIES ACTUALLY PAID BY YOU TO VYIHA FOR THE PURCHASE OF THE PRODUCTS BOUGHTS THROUGH THE WEBSITE DURING THE THREE (3)-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM AGAINST VYIHA.
(b) APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND VYIHA, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VYIHA, VYIHA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT VYIHA WOULD NOT BE ABLE TO OFFER ITS SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS AND WOULD NOT OFFER SUCH SERVICES ABSENT A LIMITATION OF LIABILITY.
(a) The T&C constitute the entire agreement between you and the Company (including, but not limited to, any prior versions of the T&C). You also may be subject to additional terms and conditions that may apply when you use other services of the Company.
(b) The Company makes no claims that the content of this Website is appropriate for any particular purpose or audience, or that it may be downloaded outside of the Hong Kong S.A.R. Access to the content may not be legal by certain persons or in certain countries.
(c) The Company is headquartered in Hong Kong S.A.R. All legal issues arising from or related to the use of this Website shall be construed in accordance with and determined by the laws of Hong Kong S.A.R. By using this Website, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Website is the Hong Kong S.A.R. court and waive any objection to such jurisdiction or venue. Any claim under these T&C must be brought within three (3) months after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Vyiha and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
(d) If any provision of these T&C is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&C, which shall remain in full force and effect. No waiver of any term of these T&C shall be deemed a further or continuing waiver of such term or any other term.
(e) Should you find any content or otherwise that you feel breaches the T&C outlined, please email the Company at firstname.lastname@example.org providing the site URL and details of the complaint. Please state “T&C breach” in the subject line of your email. Your complaint will be investigated immediately and you will be informed by email of the outcome. Company Information