General terms and conditions of Vivocoder.com

 

Preamble

Vivocoder is an online platform that offers its members myriad of programming or “coding” courses at different levels with a fixed monthly subscription. You have the flexibility to initiate your journey into various programming languages, mastering their fundamentals and rules, all from the convenience of your own home. These courses empower you to develop your coding expertise, with the ability to immediately apply your newfound knowledge after each lesson. The number of courses you can enroll in may be unlimited (depending on your selected price plan). If you're gearing up for a tech industry job interview, whether it's your first or the next one, our Interview Prep Section is tailored to prepare you. Within this section, you'll discover a wide array of questions that job recruiters in the field may pose to you.

This website is owned and operated by Koolbanq ltd., (“Vivocoder”, 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

Koolbanq ltd

[email protected]

phone: +44 2045771003

 

1.Acceptance of Terms and Conditions

When you sign up, become a member, place an order, or create an account directly or through a promotional campaign with Vivocoder you acknowledge that you have read, and that you agree to be bound by Vivocoder Terms and Conditions, Privacy Policy, and Refund Policy, each of which is incorporated by reference into this Agreement, and any terms disclosed and agreed by you if you purchase additional features, products, services, or credits we offer on the Service. It is this that shall be deemed to constitute an agreement between you and Vivocoder. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Service from time to time. The most recent version will be posted on Vivocoder, 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 Vivocoder.

Vivocoder is an exclusive online membership platform that offers its members programming or “coding” courses. Vivocoder allows members to learn various programming languages from home, apply knowledge instantly, and choose from unlimited courses. Additionally, there is an interview section which prepares you for tech job interviews with a range of recruiter questions.

Vivocoder 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 Vivocoder and start enjoying the course contents with unlimited access.

By becoming a member on Vivocoder 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 Vivocoder.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 33 Euro(or 56 depending on your plan of choice, or in the local currency showed below under “Pricing by country” table), and then after every 14 or 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.

Vivocoder offers only paid access to its platform. There are three price plans; a day plan with limited functions, and two premium plans at 33 Euro per fourteen days and 56 Euro per thirty days. Vivocoder provides its main product as a premium membership subscription. The main subscription is starting with a €3 trial for three days. Users subscribe and become members of Vivocoder and enjoy using the platform’s artificial intelligence powered content creation tools with ready-made templates as well as creating images to align with their writing contents.

 

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 Vivocoder.

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, users can access the platform’s different areas and use the functionalities in accordance to their selected plan.

The pricing information provided below serves as a general summary for each country which we may operate in. It is your responsibility to ensure that you are being charged the accurate price based on your country of registration. If you happen to encounter an incorrect pricing for your country, please feel free to reach out to our customer support team at [email protected]

Pricing by country is summarized below:

Country Trial Period Scholar Pass Premium Pass
United States 1.99$ USD 33.99$ USD 58.99$ USD
Canada 3.00$ CAD 47.49$ CAD 80.49$ CAD
United Kingdom 1.99£ GBP 28.69£ GBP 48.49£ GBP
Ireland 3.00€ EUR 33.00€ EUR 56.00€ EUR
Austria 3.00€ EUR 33.00€ EUR 56.00€ EUR
Netherlands 3.00€ EUR 33.00€ EUR 56.00€ EUR
Belgium 3.00€ EUR 33.00€ EUR 56.00€ EUR
Germany 3.00€ EUR 33.00€ EUR 56.00€ EUR
France 3.00€ EUR 33.00€ EUR 56.00€ EUR
Spain 3.00€ EUR 33.00€ EUR 56.00€ EUR
Italy 3.00€ EUR 33.00€ EUR 56.00€ EUR
Greece 3.00€ EUR 33.00€ EUR 56.00€ EUR
Portugal 3.00€ EUR 33.00€ EUR 56.00€ EUR
Finland 3.00€ EUR 33.00€ EUR 56.00€ EUR
Australia 3.99$ AUD 55.99$ AUD 92.99$ AUD
New Zealand 4.99$ NZD 59.99$ NZD 99.99$ NZD
Poland 9.99zł PLN 149.99zł PLN 250.99zł PLN
Denmark 19.99kr DKK 246.19kr DKK 415.99kr DKK
Sweden 29.99kr SEK 379.50kr SEK 645.50kr SEK
Norway 29.99kr NOK 379.50kr NOK 643.50kr NOK
Switzerland 2.99Fr CHF 49.99Fr CHF 52.50Fr CHF
Rest of the world 3.00€ EUR 33.00€ EUR 56.00€ EUR

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 ourself, and our customers. If the documentation is incomplete or refused to be sent to us, you will not receive the gift in the particular case. 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 Vivocoder and use the platform’s services (‘the Service’). By creating an account and using the service, you represent and warrant that:

-you can form a binding contract with Vivocoder,
-you are not a person who is barred from using the Service under any law under any applicable jurisdiction,
-you 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 the Service.

If you use the Service 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 the Service.

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 Vivocoder.

Though Vivocoder 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 (if any), particularly if you decide to communicate off the Service or meet in person. You agree that you shall 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 VIVOCODER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. VIVOCODER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

 

3.2. Privacy

Privacy is important to us. We have a separate policy about it that you should read altogether.

For information about how Vivocoder and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

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 Vivocoder;
-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;

Vivocoder 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 Vivocoder regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

 

3.4. Other Users’ Content.

Although Vivocoder 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 Vivocoder 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 and weekends. 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 2045771003.

Customer support only provides support in English. Should you have any questions that cannot be answered by the person in question at customer support, he or she will seek advice and get back to you as soon as possible.

In case of credit card fraud, Vivocoder.com can never be held responsible. In case of a dispute concerning the payment, members must immediately inform Vivocoder.com via customer service at [email protected] . Vivocoder.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 access to the platform’s functions and/or 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

Vivocoder.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 his/her 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 Vivocoder.com and we advise you to use an alternative provider when subscribing to Vivocoder.com.

 

4.Third party Services and link to other sites

Vivocoder may contain advertisements and promotions offered by third parties and links to other web sites or resources. Vivocoder 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 third parties’ terms will govern their relationship with you. Vivocoder 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, Vivocoder makes no representations/representations regarding, or makes no confirmation of, those products or services advertised by them.

 

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/she 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.

 

5.3. DMCA

-As aforementioned, the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements or files of the Website (hereinafter – “the Materials”) provided by Vivocoder are protected by all relevant intellectual property and proprietary rights and applicable laws.
-All materials contained on Vivocoder.com are the property of Vivocoder or Vivocoder’s third-party licensors.
-If the Service contains any materials, interfaces, logos, designs, products, or something else that is not the intellectual property of Vivocoder and Vivocoder doesn’t have licenses for using it, the licensor has the right to request to delete its intellectual property from the Website according to the procedures defined in the Digital Millennium Copyright Act (known as “DMCA”) and/or Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (known as “EUCD”).
-Vivocoder doesn’t claim to be the owners or representatives of the trademarks, brands and intellectual properties of other sides and remains the property of the original copyright owners.
-Except as expressly authorised by Vivocoder in writing, users may not make use of the materials.
-Vivocoder reserves all rights to the materials not granted expressly in these terms and conditions.

 

5.4. Software Disclaimer.

With any software or plugin found at Vivocoder.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 Vivocoder.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 Vivocoder.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 to Vivocoder

By creating an account, you grant to Vivocoder 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”). Vivocoder license to your content shall be non-exclusive, except that Vivocoder license shall be exclusive with respect to derivative works created through use of the Service. For example, Vivocoder would have an exclusive license to screenshots of the Service that include your content. In addition, so that Vivocoder can prevent the use of your content outside of the Service, you authorize Vivocoder 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 Vivocoder 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 Vivocoder 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 Vivocoder 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 Vivocoder regarding our Services, you agree that Vivocoder may use and share such feedback for any purpose without compensating you.

Please be informed that Vivocoder 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 Vivocoder grants you

Vivocoder 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 Vivocoder 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 Vivocoder’s prior written consent, or without the relevant license.
-express or imply that any statements you make are endorsed by Vivocoder.
-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 Vivocoder prior written authorization.
-use meta tags or code or other devices containing any reference to Vivocoder or the Service (or any trademark, trade name, service mark, logo or slogan of Vivocoder) 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 Vivocoder 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.

Vivocoder 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 Vivocoder.com will usually cost €33 (or €56 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 subscription plans. The member can opt-in for a subscription starting with a trial / introductory period for a limited time of three days for €3, which then becomes a Platinum Plan membership charged at €33 per fourteen days. Alternatively, the user can subscribe for the Diamond Plan membership for €56 per thirty days, and enjoy unlimited access and generations with the most comprehensive functions available.

The subscription usually starts with a paid trial period, usually at €3 for three 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 subscription membership plan. This is a period of limited duration of three days that costs €3. 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 and refundpolicy.

By agreeing to these terms of use, subscriber accepts and acknowledges when being enrolled in a three day trial for only €3, that unless cancelled within due time, the subscriber will automatically be enrolled in the full subscription membership at the price of the chosen package (33 or 56 Euro), every thirty days from his subscription date.

 

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 periodic 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 Vivocoder or the relevant third party account if applicable, as per these terms and conditions.

Deleting your account on Vivocoder or deleting the Vivocoder application from your device does not terminate or cancel your subscription. Vivocoder will retain all funds charged to your payment method until you terminate or cancel your subscription on Vivocoder 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, Vivocoder 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 Vivocoder.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 Vivocoder.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 Vivocoder.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 Vivocoder is automatically extended by the duration of the originally selected initial term (type of periodic subscription). 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 Vivocoder 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.

The subscription with an introductory/trial period of three days, after the introductory/trial period, will continue automatically as a periodic 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 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.

Vivocoder 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 Vivocoder.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 paid 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 Vivocoder, this Agreement will terminate, except that the following provisions will still apply to you and Vivocoder: Sections 7, 11 through 19.

 

6.7. Subscription information

You can find information about your subscription on the website Vivocoder.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 Vivocoder 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 Vivocoder 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.

Please refer to Vivocoder’ss Privacy Policy below.

 

6.9. Cookie Policy

We wish to give you the best user experience possible, which is why we have to use cookies to store relevant information on your computer.

  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

Refunds.

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:

Email: [email protected]

Phone: +44 2045771003

Contact page: https://vivocoder.com/#contact

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 nonrefundable, 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 will do our best to guide you and answer your questions within 24 hours on weekdays.

Vivocoder.com will not issue refunds by cash.

 

8.Newsletters

Vivocoder reserve the right to send out news and offers from Vivocoder and its carefully selected partners – you can unsubscribe from these at any time without a fee.

 

9.Promotional offers and welcome gifts

Vivocoder 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

Vivocoder may offer promotions, promotional games/competitions to new subscribers as part of the promotional material. When you enter a 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.
-Vivocoder 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, Vivocoder 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 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 Vivocoder.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 Euro 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 31st December 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. One 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.Vivocoder.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 KoolBanq ltd 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 Vivocoder.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 different 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

Cardholder Disputes/Chargebacks

All chargebacks are thoroughly investigated and may prevent future purchases with Vivocoder.com given the circumstances. Fraud claims may result in Vivocoder.com contacting the subscriber’s issuer/bank to protect the subscriber and prevent future fraudulent charges to the subscriber’s card.

 

  1. IMPORTANT

The users / members are advised to reach to Vivocoder customer support even if they have filed a chargeback, and settle any claims and refunds directly with Vivocoder followed immediately by withdrawal of the chargeback complaint.

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 the agreed date.

Vivocoder.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(s), or purposely mispresenting his/her 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

Vivocoder.com 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 Vivocoder.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. Vivocoder.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 may 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.

 

13.Disclaimer

The software used on Vivocoder’s website could include technical, typographical, or photographic errors. Vivocoder does not warrant that any of the materials on its website are accurate, complete, or current. Vivocoder may make changes to the content contained on its website at any time without notice. Vivocoder 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.

VIVOCODER 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. VIVOCODER 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.

VIVOCODER 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 Vivocoder 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 Vivocoder’s Internet site, even if Vivocoder or a Vivocoder’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. Vivocoder 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 Vivocoder . The inclusion of any links or files does not imply endorsement by Vivocoder 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.

 

15.Indemnification

You agree to defend, indemnify and hold harmless Vivocoder / 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 Vivocoder / 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 Vivocoder account for any purpose.

 

17.No Representations Or Warranties By Vivocoder

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 Vivocoder 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 Vivocoder.

 

19.Governing Law And Arbitration

These Terms and Conditions, its subject matter and Koolbanq ltd and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of Hong Kong, excluding the conflict of law provisions of that or any other jurisdiction. Any possible dispute arising between you and Koolbanq ltd will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in Hong Kong. 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.

 

20.Others

This Agreement supersedes any previous agreements or representations. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. These Terms, with the Privacy Policy, Cookie Policy, and any Additional Terms Upon Purchase, contain the entire agreement between you and Vivocoder regarding the use of our Service. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Upon accepting any promotion / promotional campaigns with a trial period run by Vivocoder or its partners, you agree that you will be subscribed to an ongoing periodic membership.

Privacy Policy

Cookie Policy (See section 6.9 of these Terms and Conditions)

Owner information of Vivocoder.com

For further information about our Terms & Conditions or other unanswered issues or questions, please feel free to contact us at the information below.

Vivocoder.com is owned and operated by:
Koolbanq Ltd, 517 East Ocean Centre, 98 Granville Road, TST Kowloon, Hong Kong.