General terms and conditions of Vivabytes.com
Vivabytes is an e-book platform that offers its members access to a wonderfully selected pool of e-book titles in multiple genres with a fixed monthly subscription. The e-books portfolio includes the most updated titles on trending topics, and is carefully picked by the team so that the users do not need to spend time searching for titles in their favourite categories.
This website is owned and operated by Webase Pltd., (“Vivabytes”, Company) which owns controls or has legal permission to license all the contents and material on this website. If you do not agree with the terms and conditions herein you should leave this website immediately, not use the files included, and/or not subscribe to this site.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. YOUR USE OF THIS WEBSITE AND CONTENT OBTAINED THROUGH THIS WEBSITE MEANS THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS HEREIN.
If in doubt, please contact us at
phone: +44 20457 70637.
1. Acceptance of Terms and Conditions
We may make changes to this Agreement and to the Service from time to time. The most recent version will be posted on Vivabytes, under Terms section. If you continue to use the service after the changes become effective, then you agree to the revised version.
2 Scope of services – essential characteristics
What is Vivabytes.
Vivabytes is an exclusive online membership platform that offers its members access to its latest e-books in wide variety of topics, and picks only the best titles in each niche, so the customers have easy access to a one-stop-shop for interesting titles in their favorite categories.
Vivabytes provides its product as a premium membership subscription. The main subscription is starting with a €3 trial for 3 days. Users subscribe and become members of Vivabytes and enjoy the huge collection of e-book titles with unlimited access.
By becoming a member on Vivabytes and / or by signing for / participating in any of our promotional games, promotions, or other marketing materials, you consent that you get an on-going monthly membership at Vivabytes.com.
Your membership starts with a paid trial for 3 days, usually at the price of 3 Euro. Your membership will automatically be renewed after the 3-day trial period for the membership price of 48 Euro(or 67 depending on your plan of choice), and then after every 30 days. There is no binding period for your membership, and you can terminate it freely at any time as per these Terms and Conditions.
Vivabytes offers only paid access to its platform. There are three price plans; one one-time payment with limited downloads – a day pass, and two premium monthly plans at 48 and 67 Euro per month. Vivabytes provides its main product as a premium membership subscription. The main subscription is starting with a €3 trial for 3 days. Users subscribe and become members of Vivabytes and enjoy the huge collection of e-book titles with unlimited access.
After registration, the member completes his profile with the optional or, if necessary, the mandatory information. However, people who have not reached the age of 18 may not use Vivabytes.
Members are expressly advised of the fee, the scope of the services and the payment modalities before accessing areas subject to charges. After payment has been made, you can access these areas and use the functionalities.
Welcome gifts and Conditions under any of our promotional campaigns.
To ensure that we have the correct name and address, we need you to send us documentation in the form of a copy of your driver’s license, your passport or national identity card, along with a copy of an utility bill (telephone, electric, gas, or water bill) no older than 3 months, confirming your name and address. The name on the card used with the order have to match with the name on the documentation. This is to avoid scams and wrong name or address; this is to protect our self, and our customers. If the documentation is incomplete or refused to sent to us, you will not receive a gift. You are required to meet our terms within 3 days after registering to receive the welcome gift. The documentation you have to send to our customer service at [email protected] We reserve the right to refuse documentation if there is doubt about its authenticity.
All questions or problems can be sent to [email protected] – All e-mails and customer service answers will be in English, so please write your questions in English, so we can provide the quickest and best online support for you.
3. Your account
You must be at least 18 years of age to create an account on Vivabytes and use the Service. By creating an account and using the Service, you represent and warrant that:
– you can form a binding contract with Vivabytes,
– you are not a person who is barred from using the Service under any law under any applicable jurisdiction,
– you will comply with this Agreement and all applicable local, national and international laws, rules and regulations, and
– You agree to these general terms and conditions. They regulate your use of our services.
– If you use our services by becoming / registering as / a member and / or mark a field to indicate that you agree to these terms and conditions (whichever comes into question), we have this as your acceptance of these general terms and conditions and your consent to their content.
If you do not accept the data protection declaration and these general terms and conditions, you are not entitled to access our services.
By using our services, you declare and assure that you are legally competent in the country you live in.
3.1. Safety and security.
Where applicable through forums, chat services or other means for communication available at any time on Vivabytes.
Though Vivabytes strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT Vivabytes DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. Vivabytes MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
Privacy is important to us. We have a separate policy about it that you should read.
We do not always encrypt your communications and we reserve the right to monitor these communications and other content for compliance with our terms and conditions (for example, if it is reported that your communications violate our terms and conditions).
3.3. User’s Code of conduct
By using the Service, you agree that you will not:
– use the Service for any purpose that is illegal or prohibited by this Agreement.
– use the Service for any harmful or nefarious purpose
– use the Service in order to damage Vivabytes
– violate our Community Guidelines, as updated from time to time.
– spam, solicit money from or defraud any users.
– impersonate any person or entity or post any images of another person without his or her permission.
– bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
– post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
– post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
– post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
– solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
– use another user’s account, share an account with another user, or maintain more than one account.
– create another account if we have already terminated your account, unless you have our permission.
Vivabytes reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Vivabytes regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
3.4. Other Users’ Content.
Although Vivabytes reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Vivabytes cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact page.
3.5. Customer Support
You can always get in touch with our customer support via email or telephone. Our Customer support is closed on public holidays. We recommend all our users to send us an email with questions, as there may be a long waiting on the phones.
E-mails must be sent to [email protected] You can contact customer support at +44 20457 70637.
Customer support only provides support in English. Should you have any questions that cannot be answered by the person in question at customer support this employee will seek advice and get back to you as soon as possible.
In case of credit card fraud, Vivabytes.com can never be held responsible. In case of a dispute concerning the payment, members must immediately inform Vivabytes.com via customer service at [email protected] . Vivabytes.com reserves the right to modify payment terms, prizes as well as the content of offers and services at any time without notice.
3.6. Delivery Policy
All premium plans are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and refund you the total amount of your order, using the original method of payment.
After a successful transaction upon sign up/checkout, you will be able to login to your account to download your product/s instantly, there is no waiting around. If for any reason you are having issues in downloading any particular product or simply having trouble signing into your premium account, contact us immediately so we can rectify this issue for you straight away.
3.7. E-mail reminders
You will receive a reminder e-mail 7 days before your promotional period is set to expire, or immediately after the purchase if the promotional period is shorter than 7 days.
The e-mail shall contain the date and time of the expiration of the promotional period, as well as your invoice and a copy of these terms and conditions.
If available, terms and conditions will be sent in your local language, otherwise, they will be provided in the English language.
3.8. Failure to receive welcome e-mails, winner e-mails etc
Vivabytes.com cannot be held accountable for the subscriber not receiving the welcome email, terminations, welcome gift mails, invoices, receipts etc. It is at any time the responsibility of the subscriber to ensure that your provider or e-mail is accessible and able to receive the mentioned emails by ensuring that they do not end up in the spam folder or ”junk mail”. E-mail providers such as Hotmail and Gmail can have problems related to the e-mails sent from Vivabytes.com and we advise you to use an alternative provider when subscribing to Vivabytes.com.
4. Third party Services and link to other sites
Vivabytes may contain advertisements and promotions offered by third parties and links to other web sites or resources. Vivabytes is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Vivabytes is not responsible or liable for such third parties’ content, terms or actions, and accepts no responsibility for any loss or damage that may incur from their use by you.
Our services may also include third party advertisements. By allowing third parties to advertise our services, the The Company makes no representations or representations regarding, or confirms, the products or services advertised.
5. Intellectual property rights, copyrights
We are the owner or the licensee of all intellectual property rights in our site. Those works are protected by copyright laws and treaties around the world.
All such rights are reserved.
The member assures that he will not use any content materials such as photographs or other works on this portal without being authorized to do so in accordance with the relevant copyright regulations.
5.1. Copyright Material
All our digital products are subjected to either have full resell rights or are found to have private label rights. Any digital product that does not belong here due to submission and was mistakenly accepted can be reported at any time and we will look into the reported item/s. If that particular item is found to have no resell rights license/s or has not been approved by the author will be removed immediately.
5.2. Content Ownership
All content on our website is owned by us or our content partners. On behalf of ourselves and our content partners, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights and have to use the license that is found within the particular product. For example, if a product has private label rights (PLR) then the user/downloader will have to use that product within the boundaries of that license.
Copyright is an important topic with regards to all our products found here at Vivabytes.com. We source and supply ebooks and other content materials from proven, legitimate sources (checks include company check, reviews and reputation due-diligence) with licenses that allow distribution, and that certify that they are the copyright holders, and have the appropriate licenses attached to the ebooks or other content. We also manually check all products prior to upload on the server to ensure they are under such license.
We do manually check each product for any prohibited content once when sourcing it, and once prior to upload on the server.
If you believe your copy right protected work was posted here without authorization, you may submit a copyright infringement notification to us (specified below). These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
5.4. Software Disclaimer.
With any software or plugin found at Vivabytes.com, we don’t offer support as these are created by the respective owner. Any software or plugin that has been listed on the site do go through a virus and malware test before being added to Vivabytes.com.
Software and plugins will get eventually outdated without any updates. So, unfortunately, we cannot tell you if any old or new software or plugins are going to work 100%. A lot of plugins and software give you the right to recreate them or update them yourself, as long as you know how to do this or by hiring someone else on your behalf.
With a lot of software or plugins listed at Vivabytes.com, some antivirus software can be overprotective/sensitive, causing them to be flagged as suspicious. We can guarantee that all software and plugins that have been listed do go through a virus and malware test on our end before adding them to the site. One way to stop this is when you download or install any of our software, you will need to turn off your antivirus software for that moment. It’s up to you if you wish to proceed, but as we mentioned, you have nothing to worry about because we have tested them all thoroughly.
5.5. Rights you Grant Vivabytes.
By creating an account, you grant to Vivabytes a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Vivabytes license to your Content shall be non-exclusive, except that Vivabytes license shall be exclusive with respect to derivative works created through use of the Service. For example, Vivabytes would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Vivabytes can prevent the use of your Content outside of the Service, you authorize Vivabytes to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Vivabytes users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account / if that is applicable / , is accurate and truthful and you have the right to post the Content on the Service and grant the license to Vivabytes above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Vivabytes allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Vivabytes regarding our Services, you agree that Vivabytes may use and share such feedback for any purpose without compensating you.
Please be informed that Vivabytes may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
5.6. Rights Vivabytes Grants You.
Vivabytes grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Vivabytes and permitted by this Agreement. Therefore, you agree not to:
– use the Service or any content contained in the Service for any commercial purposes without our written consent or the relevant license.
– copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Vivabytes’s prior written consent, or without the relevant license.
– express or imply that any statements you make are endorsed by Vivabytes.
– use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
– use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
– upload viruses or other malicious code or otherwise compromise the security of the Service.
– forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
– “frame” or “mirror” any part of the Service without Vivabytes prior written authorization.
– use meta tags or code or other devices containing any reference to Vivabytes or the Service (or any trademark, trade name, service mark, logo or slogan of Vivabytes) to direct any person to any other website for any purpose.
– modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
– use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
– use, access, or publish the Vivabytes application programming interface without our written consent.
– probe, scan or test the vulnerability of our Service or any system or network.
– encourage or promote any activity that violates this Agreement.
– The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
6. Purchases, Pricing, terms of paid subscription
The terms ‘Subscription’ and ‘Paid membership’ are used interchangeably herein, and unless otherwise stated, refer to any of the paid membership/subscription plans.
You can buy a paid membership for one or more of the products offered by the Company.
Your paid membership only gives you access to the respective company product/service for which you have registered.
The price and the payment processes are permanently available on the websites as per these terms and conditions.
All prices shown include all relevant local taxes.
We reserve the right to change the cost of any of our services. If you are not satisfied with the cost of a service, you can cancel your membership in accordance with these terms and conditions.
Vivabytes operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
6.1. Subscription price.
The monthly subscription of Vivabytes.com will usually cost €48(or €67 depending on the plan of choice) and will continue to be billed on the subscribers credit card until cancelled or unsubscribed by the subscriber.
For user’s convenience we offer two monthly subscription plans. The member can opt-in for a monthly subscription starting with a trial / introductory period for a limited time of 3 days for 3 Euro, which then becomes a premium monthly membership Month Limited charged at 48 Euro per month. Alternatively, the user can subscribe for the Premium membership plan Month Unlimited for 67 Euro per month, and enjoy unlimited downloads.
The subscription usually starts with a paid trial period, usually at 3 Euro for 3 days.
6.2. Monthly membership with trial / introductory period.
The introductory / trial period is a paid period / usage / of the services for limited time, and is an irrevocable part of a monthly membership plan. This is a period of limited duration of 3 days that costs 3 Euro. During this period, the user can try and test the benefits and features of the Premium membership Service. You can cancel at anytime during your trial period, please refer to our cancelation Policy.
6.3. Payments. Payment with credit card
Upon placing an order with an introductory / trial period, the amount for the introductory/trial period will be charged. Subsequently, after the trial period, the monthly charge for the subscription will automatically continue until you actively unsubscribe. You can easily manage your subscription details after you have logged into the members area.
Auto-Renewal; Automatic Card Payment
Objections to a payment already made, should be directed to Customer support at [email protected]
You may unconditionally withdraw your consent to automatic card payments at any time by going to settings on Vivabytes or the relevant third party account if applicable, as per these Terms and Conditions.
Deleting your account on Vivabytes or deleting the Vivabytes application from your device does not terminate or cancel your subscription. Vivabytes will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Vivabytes or the third party account, as applicable.
If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Vivabytes may terminate your account immediately in its sole discretion.
It is the responsibility of the customer to have enough funds in the card and the payment will not fail. In case of the event that there is no money on your credit card, the deposit of your credits will be postponed until it is possible to make the payment on the card again.
The following credit cards can be used for payment; Mastercard, Visa, Visa Electron.
All billings will be displayed as Vivabytes.com on your bank statement.
A confirmation email for your order/payment will be sent to the email you stated upon signing up for the subscription.
Invoices can be issued by a third party as Vivabytes.com reserves the right to use so called factoring methods.
Within the trial period, our team may contact the new user by phone, email or live chat in order to verify its identity and help the user to fill its profile, aiming to make it more effective.
We do not store your payment information. Payment happens through an SSL-encrypted connection. i.e. there is maximum security for payments made to Vivabytes.com. We have maximum security on our servers – this is to provide reassurance for our customers and protect their sensible data.
6.4. Payment debiting times
All payments will be debited at time of order, if for any reason we cannot complete you order, you will be notified and your credit or debit card transaction will be cancelled, so that you will not be charged. We must receive payments for all orders in full and in advance.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
6.5. Length of subscription
You can always cancel your subscription.
The paid membership in Vivabytes is automatically extended by the duration of the originally selected initial term (monthly). The basic subscription price selected for the first order (i.e. the price without taking discounts or special offers into account) remains unchanged. An extension of the paid membership does not take place if the member terminates it as per these terms.
The paid trial membership of Vivabytes can be canceled up to 24 hours before the expiry of the validity period. The cancellation can be made by email, by telephone, by going to your profile area, or in writing. See section 6.6.
For the calculation of the contract period, months are not calendar months, but the period from a calendar day determined in a month to the same day of the following month (e.g. from May 15 to June 15 of the same year).
The subscription with an introductory/trial period of 3 days, after the introductory/trial period, will continue automatically as a monthly subscription according to the plan you have chosen until you actively unsubscribe from it.
6.6. Cancellation Policy. Withdrawal. Termination of subscription.
You may terminate or cancel your account at any time, for any reason, by going to your profile area, or by giving written notice via email to [email protected] and stating your wish to do so. You state the following details: your wish to cancel, Subscription information such as full name, email address, user name used used during registration – so we can find your subscription.
If you cancel your subscription within 14 days from the purchase date, we will refund all the subscription costs (trial plus monthly charge).
If you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing.
Vivabytes may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.
Unsubscribing from the subscription (in case you have not used the 14 days right of withdrawal) has to be done via the website Vivabytes.com at least 2 days before the next renewal date (that date is stated on your confirmation letter). If you do not comply with this termination period, your subscription will be renewed for a new subscription period.
The termination of your paid membership will be effective with the end of the corresponded payed period until this time you reserve the right to complete use of our services. A refund will not apply unless the applicable law or the Refund Policy under these Terms and Conditions provide something else.
In case you receive a physical gift/products, you have to actually return the product unused, unopened and in its original packaging. After having withdrawn your purchase and returned the new product, unused and in its original packing closed, the total amount, initially taken, will then be credited to your account with the used method of payment.
You can cancel your automatic renewal by logging into your account on the website, or write to Customer Support Service at [email protected]
In case when your account is terminated by you or by Vivabytes, this Agreement will terminate, except that the following provisions will still apply to you and Vivabytes: Sections 7, 11 through 19.
6.7. Subscription information
You can find information about your subscription on the website Vivabytes.com. Login information is sent to the email you subscribed with.
6.8. Information regarding personal information
You have to live in any of the countries of operation to be able to use the full potential of the services.
When you order a subscription from Vivabytes it is essential that you register with correct personal information.
If there are any changes in your personal information, you are obliged to update them on Vivabytes website.
If you get a new credit card, or the credit card has been cancelled or expired, the subscription will cease and you will not be able to make any further purchases. You can inform us about this via email or telephone.
1. What are cookies?
Cookies are small text files containing information that a website like ours can save and read again.
2. What are we using cookies for?
We are using cookies for the following: Remembering your username and password, collect statistics about how you use our website – via Google Analytics make it possible to share via facebook and other social media, saving your name and address for relevant new promotional campaigns.
3. How to prevent or get rid of cookies?
To learn more about deleting cookies, you can use the following link: How to delete cookies
To learn more about controlling cookies, you can use the following link How to control cookies
4. For how long are we storing the cookies?
The cookies we place with you are stored for a varied number of months, depending on the purpose of the various cookies. Every time you visit our website, the period is extended and they are automatically removed when they expire.
7. Refund Policy
We offer 100% refund money back guarantee on all orders when requested within 14 days of purchase.
We hope you will enjoy our service/product that you order from us but if something is not quite right, you have 14 days to request a refund under the refund guarantee. All other cases have to be reviewed by the customer support team, and a decision is made on a case by case basis.
To request a refund, please contact our customer support team at:
For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
After the 14 days period, generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception in some cases, so get in touch with our customer support.
If you use your right of cancellation we will refund all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.
Consequences of Cancellation: You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items, i.e Credits. That means that such purchases are FINAL AND NON-REFUNDABLE.
Customer support is open Monday to Friday 09:00 AM – 05:00 PM CET, and 10:00 AM – 05:00 PM on weekends, and will do our best to guide you and answer your questions within 24 hours on weekdays and 48 on weekends.
Vivabytes.com will not issue refunds by cash.
Vivabytes reserve the right to send out news and offers from Vivabytes and its carefully selected partners – you can unsubscribe from these at any time without a fee.
9. Promotional offers and welcome gifts
Vivabytes will now and then provide special member promotional offers, directly or through third party suppliers of services (such as marketing or promotional campaigns, games, quizzes, etc.) where you can gain access to the membership benefits for a limited period at a reduced price. The price is stated on the website/offer site also the trial period if any. In some cases you can also get a welcome gift upon signing up. The gift will be dependent on the specific campaign.
9.1. Taking part in a competition through a promotional campaign
Vivabytes may offer promotions, promotional games/competitions to new subscribers as part of the promotional material. When you enter the competition you will automatically be part of the draw.
Each promotional campaign will have certain rules such as closing dates and minimal entries, please read the campaign carefully.
General competition terms & conditions, which apply to all campaigns:
– The entrant(s) must be aged 18 or over.
– Proof of identity and age may be required.
– Use of a false name or address will result in disqualification.
– All entries must be made directly by the person entering the competition.
– Vivabytes reserve the right to amend or alter the terms of competitions at any time and reject entries from entrants not entering into the spirit of the competition.
– In the event of a prize being unavailable, Vivabytes reserves the right to offer an alternative prize of equal or greater value.
– Unless stated otherwise the winner(s) will be drawn at random from all correct entries received by the closing date stated within the promotional material.
– Confirmation of the prize will be made in writing to the winner(s) by email.
– Competitions may be modified or withdrawn at any time.
9.2. Additional Terms regarding Promotional offers and welcome gifts.
All promotional campaigns and competitions, draws are proposals and examples of what you can buy with the gift card you receive as a welcome gift, welcome gifts will be handed as gift cards to Amazon.com or the Amazon online department of your country of origin via e-mail if you meet all requirements as per section 2. If you have joined Vivabytes.com via a promotional campaign which offers a Tablet, Mini Laptop or Android Smartphone or another product or competition, you will receive an Amazon gift card or a gift card from Gyft.com or similar third-party provider, which can be redeemed and used at over 200 different retailers on amount equivalent to the value of the product showed as an example on the promotional campaign. Typically the value is in the range of 40 to 60€ EUR depending on the promotion used.
Please note that if you have signed up through a competition or a draw (for instance to win an iPhone, Samsung Galaxy, Xbox One or an Apple iPad), you will be contacted directly if you win by e-mail or Telephone. The competitions and draws usually end on 30th June and 30th November in any given year. Winners will be notified within 14 days. All the competitions are proposals and examples of what you can buy for the prize money. 1 winner will be chosen twice a year, across all the countries we are operating in.
If you are the lucky winner of one of our competitions or draws, we would appreciate if you would send us a photo of you and the prize you won and a testimonial by e-mail that we can use for our website and future promotions.
There is an expected delivery time of 30 days, depending on demand, products, and gift cards in relation to your welcome gift. If you have not received your gift card within 30 days after signing up, there is probably a mistake and you should contact our customer service, who will make sure to send your gift card. If the gift card you have requested have been sold out or if it is delayed, or if for any other reason we cannot deliver within 30 days, we will offer you another gift to be sent instead – usually a gift card. Welcome gifts will not be sent if you haven’t filled in your address correctly on our website www.Vivabytes.com within 3 days after registering. The gift cards will also be denied if your payments are not paid in due time, if the payment is rejected by the payment provider, if the customer is a monthly subscriber and doesn’t pay the monthly charge, or if by some reason we are not able to withdraw your payment for your subscription. If any of these cases happen, you will forfeit your welcome gift and if your payment is cancelled multiple times, your subscription will be terminated.
To ensure that we have the correct name and address, we need you to send us documentation in the form of a copy of your driver’s license, your passport or national identity card, along with a copy of an utility bill (telephone, electric, gas, or water bill) no older than 3 months, confirming your name and address. The name on the card used with the order have to match with the name on the documentation. This is to avoid scams and wrong name or address; this is to protect our self, and our customers. If the documentation is incomplete or refused to sent to us, you will not receive a gift. You are required to meet our terms within 3 days after registering to receive the welcome gift.
The documentation you have to send to our customer service at [email protected]. We reserve the right to refuse documentation if there is doubt about its authenticity.
If a cardholder makes a chargeback on a payment and refuses to settle the dispute directly, the cardholder will automatically lose the right to refunds and the welcome gift, and will be denied access to all websites owned by Webase Pltd and Partners. To receive the gift, all terms and rules needs to be complied with and all payments are timely, and payment is not paid by stolen, invalid cards, or anything else, that would result in the terms not being met. In the case of terms not being met, you will lose the right to refunds and welcome gifts.
Promotional offers including a welcome gift are limited to one per household and per person and valid until stocks last.
9.3. Special Promotions
Sometimes Vivabytes.com offers limited time promotions to bring in new users, who might not otherwise give our site a chance to offer its exceptional products and services. The special offer is offered at a discounted subscription rate and / or the subscription fee will be charged on a bi-weekly billing period. Do not miss the chance to take advantage of this discount if you get an invite. If you have any questions, please get in touch with our Customer Support Team.
10. Other terms
All chargebacks are thoroughly investigated and may prevent future purchases with Vivabytes.com given the circumstances. Fraud claims may result in Vivabytes.com contacting Subscriber’s issuer/bank to protect Subscriber and prevent future fraudulent charges to Subscriber card.
The users / members are advised to reach to Vivabytes Customer Support even if they have filed a chargeback, and settle any claims and refunds directly with Vivabytes followed by withdrawal of the chargeback complain.
If a chargeback has been filed, and the member decides not to withdraw the claim, the member will not be entitled to any refund.
Refunds are issued within 30 days from date agreed.
Vivabytes.com, on its sole discretion may temporary or permanently suspend the account of a customer if the customer is suspected for any fraudulent activities, including the use of stolen credit card, or purposely mispresenting his personal information and thus failing to properly identify himself/herself. Further actions might be undertaken against such customer as reporting the customer to Bank and Credit Associations, and other consumer databases which may affect his credit score and credit history negatively.
12. Supplementary Terms and Conditions
The Site may have additional Terms and Conditions that are an integral part of its offering /directly or through third party suppliers/ to the subscriber, and are in addition to these Terms and Conditions. Such Terms and Conditions as listed at the site will in no way invalidate any of the Terms and Conditions listed here.
By signing up to any the Vivabytes.com subscription services / plans or any introductory/trial plan, the member accepts this agreement by any legally recognizable means and hereby acknowledges that he/she will be irrevocably agreeing to all the terms, conditions and other provisions set forth in this agreement. Vivabytes.com will not be responsible for actions taken by members who have not read our Terms and Conditions. These Terms and Conditions are originally written in English and have been translated into other languages (if any) using this text. If there are misunderstandings in any translated material, it is always the original English Terms and Conditions that will prevail.
The software used on Vivabytes’s website could include technical, typographical, or photographic errors. Vivabytes does not warrant that any of the materials on its website are accurate, complete, or current. Vivabytes may make changes to the content contained on its website at any time without notice. Vivabytes does not, however, make any commitment to update the materials and no refunds can be demanded if our software is down at times. We will of course try our best to provide the best service as possible for all our users.
VIVABYTES PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VIVABYTES DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
VIVABYTES TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
14. Limitation of liability
In no event shall Vivabytes or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Vivabytes’s Internet site, even if Vivabytes or a Vivabytes’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Vivabytes has not reviewed all of the sites linked/urls to its Internet website and is not responsible for the contents of any such linked site or the content and files uploaded by our users on Vivabytes. The inclusion of any links or files does not imply endorsement by Vivabytes of the site. Use of any such linked web site is at the user’s own risk. That being said, we put all our effort to ensure graphic or unsafe content are not uploaded, and will remove all prohibited content found in users’ profiles.
The digital products displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy or still available. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
You agree to defend, indemnify and hold harmless Vivabytes / The Company and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any template we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
16. Your Representations And Warranties
You represent and warrant to Vivabytes / The Company that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the EU and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the EU and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below. You further represent and warrant that you will carefully safeguard your password, user name, and account information, will not share your password or user name with any third party, and will not allow any third party to access your Vivabytes account for any purpose.
17. No Representations Or Warranties By Vivabytes
All information, property and rights provided or granted to you by The Company are provided to you on an “as is” basis. The Company and its suppliers make no representations or warranties of any kind with respect to the service, either expressed or implied and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, The Company does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
18. Dispute settlement
In case of any claims, disputes, or other issues you may have against / with Vivabytes services, you agree to reach to the Customer Support first (contact details are in the Contact page), and you and the company will make a reasonable attempt to reach an out-of-court settlement of the matter directly with Webase Pltd/Vivabytes.
Governing Law And Arbitration
These Terms and Conditions, its subject matter and Webase Pltd and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of Bulgaria, excluding the conflict of law provisions of that or any other jurisdiction. Any possible dispute arising between you and Webase Pltd will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in Bulgaria. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
19. Others. Promotional terms and conditions
Upon accepting any promotion / promotional campaigns with a trial period run by Vivabytes or its partners, you agree that you will be subscribed to an ongoing monthly membership.
Owner information of Vivabytes.com
For further information about our Terms & Conditions or other unanswered issues or questions, please feel free to contact us at the information below.
Vivabytes.com is owned and operated by:
Webase Pltd, 25 sv.sv. Kiril i Metodii Str, Blagoevgrad 2700, Bulgaria.