Terms & Conditions
1. About the Website
(a) Welcome to www.mvivo.lk. MVIVO is a home building company that is redefining the way homes are built in Sri Lanka.
(b) The Website is operated by MVIVO (Private) Limited. Access to and use of the Website, or any of its associated Products or Services, is provided by MVIVO. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) MVIVO reserves the right to review and change any of the Terms by updating this page at its sole discretion. When MVIVO updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by MVIVO in the user interface.
b) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with MVIVO; or
(ii) you are a person barred from receiving the Services under the laws of Sri Lanka or other countries including the country in which you are resident or from which you use the Services;
c) You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of MVIVO;
d) You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
e) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by MVIVO for any illegal or unauthorised use of the Website; and
f) You acknowledge and agree that any automated use of the Website or its Services is prohibited.
4. Copyright and Intellectual Property
a) The Website, the Services and all of the related products of MVIVO are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by MVIVO or its contributors.
b) All trademarks, service marks and trade names are owned, registered and/or licensed by MVIVO, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
c) MVIVO does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by MVIVO.
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial
d) MVIVO retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
i. business name, trading name, domain name, trademark, industrial design,
ii. patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name,
iii. trademark or industrial design, or a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
e) You may not, without the prior written permission of MVIVO and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
5. General Disclaimer
a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, which by law may not be limited or excluded.
b) Subject to this clause, and to the extent permitted by law:
i. All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
ii. MVIVO will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
iii. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of MVIVO make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of MVIVO) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a). failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or
(b). other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(c). the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(d). costs incurred as a result of you using the Website, the Services or any of the products of MVIVO; and
(e). the Services or operation in respect to links which are provided for your convenience.
6. Exclusion of Liability
a). By using our services, you agree that MVIVO is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold MVIVO liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by MVIVO.
b). All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and MVIVO takes no responsibility for your actions, choices or decisions.
7. Limitation of liability
(a) MVIVO’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that MVIVO, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You agree to indemnify MVIVO, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with you using the website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
9. Governing Law
The Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Sri Lanka, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Last Updated: 12 September 2023