GENERAL

Who we are. We are Vivobarefoot Ltd (“Vivobarefoot” / “we” / “us” “our”) a company registered in England and Wales (registration number 03474829). Our registered office address is 57-59 Neal Street28 Britton Street, Farringdon, London, WC2H 9PPEC1M 5UE. Our UK VAT registration number is 704703658.

What we do. We own and operate the Vivobarefoot website vivobarefoot.com (“Vivobarefoot Site”) and the VivoBiome by Vivobarefoot website vivobiome.vivobarefoot.com (“VivoBiome website” or “our website”) and sell footwear and other products to consumers (“goods”). We also provide access to content from our website via an integrated third-party e-learning platform (“Vivohealth Hub content”).]

VivoBiome.  VivoBiome is Vivobarefoot’s vision for a radical scan-to-print, circular system that revolutionises footwear.  Using a 3D scan of a customer’s feet, we are able to manufacture bespoke made-to-measure 3D printed footwear – thereby creating a form fitting shoe, manufactured on demand and with zero waste.

YOUR ACCEPTANCE

You are subject to these ToU. Your use of any part of our website (including any Vivohealth Hub content) is subject to the following legally binding terms (together with any other notice, disclaimer or waiver set out on our website or within any digital content:

VivoBiome’s Terms of Use;

VivoBiome’s  Terms of Sale VivoBiome Tabi Gen 01 (if purchasing the Tabi Gen 01) or VivoBiome’s Terms of Sale VivoBiome Tabi Gen 02 Early Access Token (if purchasing a Tabi Gen 02 Early Access Token);

Vivobarefoot’s Privacy Policy; and

Vivobarefoot’s Cookie Policy;.
You acknowledge that the documents referenced above collectively form a legally binding agreement (the “ToU”). Please read all components of the ToU carefully. By using any part of our website you will be deemed to have accepted these ToU in full and you agree to abide by them regardless of whether you have registered on our website. If you do not agree to these ToU, you must not use our website and you must leave our website immediately.

You. In these ToU “you” means the individual user accepting these ToU. If you are accepting these ToU on behalf of an organisation (being any company or other legal entity), then you represent and warrant that you have the authority to bind such organisation to these ToU.

These ToU may get updated. We may revise these ToU at any time by posting an update on this page. Your continued use of our website after any such change constitutes your acceptance of the new ToU and those terms will be binding on you. You should therefore check this page from time to time to review the current version of the ToU.
USE OF OUR VIVOBIOME WEBSITE

REGISTRATION AND ACCESS

Register for additional functionality. Certain functionality on our website is only available to registered users. To access additional functionality, you are required to register with us and create a profile. By registering with us, you agree to provide accurate and complete profile information about yourself (including your organisation, if applicable) as prompted by the relevant registration form.

Access. Access to our website is permitted on a temporary basis, and we may withdraw or amend the services and information we provide on our website without notice. We will not be liable if for any reason our website (and any Health Mode content) is unavailable at any time or for any period. We may restrict access to some parts of the website to users who have registered with us.

Purchasing. By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and at least 18 years old.

Refunds. Vivobarefoot’s 100 day hassle free refund policy does not apply to VivoBiome footwear. For more information see clause 6 of VivoBiome’s Terms of Sale (Return and Refunds).

INTELLECTUAL PROPERTY RIGHTS

Ownership of intellectual property. Vivobarefoot is the owner or the licensee of all intellectual property rights in:

our website, and in all content published on our website (including any modifications made from time to time); and

any exclusive content made available to you on a third party social media platform such as Instagram, and those works are protected by intellectual property rights laws and treaties around the world and Vivobarefoot and its licensors reserve all such rights.

The following is a list of Vivobarefoot registered (and unregistered) trade marks. You are not permitted to use them without first obtaining our prior written consent: Vivobarefoot Ltd, VIVOBAREFOOT, V VIVOBAREFOOT, VIVOBIOME, V (logo), PRO5 PROPRIO-PROTECTION, TERRA PLANA, TP TERRA PLANA, THERMAL PLANTAR-PROTECTION and VIVOBIOME. We may update this list from time to time.

No responsibility for third party websites. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information purposes only. We have no control over the contents of those third party sites or resources and we accept no responsibility for them and to the extent permitted by applicable law we disclaim all liability for any loss or damage that may arise from your use of them.

User generated content. To the extent you post any user generated content to our website, you grant us a perpetual, irrevocable, royalty free, worldwide, transferable, assignable licence to use such content for any purpose.

DATA PROTECTION AND COOKIES

You agree to the terms of our Privacy and Cookie Policy. Vivobarefoot publishes a Privacy Policy (which you can access here) in addition to a Cookie Policy (which you can access here) (collectively, we refer to those policies as our “Privacy and Cookie Policy”) and we strongly recommend that you read and ensure you understand our Privacy and Cookie Policy.

We may process personal data. As a result of your use of our website, we will process personal data, however any personal data processed by us will only be processed in accordance with our Privacy and Cookie Policy.

USER STANDARDS

Restricted activities. Except to the extent such activities are expressly permitted in these ToU, or otherwise prohibited from being restricted by applicable law, you shall not:

copy, reproduce, publish, distribute, combine, modify, create derivative works of, sell, resell, or in any way commercially exploit any part of our website;

link to our website in any way other than linking to our home page from a website that is owned by you: in a fair and legal manner; without damaging our reputation or taking advantage of that reputation; and only in a way which does not suggest any form of association, approval or endorsement of you or your website by Vivobarefoot, where none exists. We may withdraw this limited linking permission at any time without notice.

copy, frame or mirror any part of our website or access parts our of website to copy its features, functions, data or graphics, or attempt to gain access to third party data contained within our website;

reverse engineer, decompile, translate, disassemble or attempt to discover any source code or underlying ideas or algorithms in our website or the software (or any part of it) that is used to provide our website experience;

use our website in any manner which infringes any law or regulation or which infringes the rights of any third party under the laws of any jurisdiction;

post, link to or transmit through our website, any material, which is unlawful, or that contains a virus or other hostile computer program;

incorporate our website content as a core part of your own commercial activities;

use our website in a manner that gives access to mass downloads or bulk feeds of any of our website content;

publish or disseminate material that infringes or may infringe the rights (including intellectual property rights) of any individual, entity or other third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of our website by any other user or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction; and

undertake, facilitate, request or authorise any text or data mining or web scraping in relation to our website or any content or services provided through, or in relation to, our website without first obtaining our prior written consent.

FOOT HEALTH DIAGNOSTICS – BETA HEALTH MODE

If and when launched, you may have access to a tab titled “Health Mode” within your profile being the BETA version of a feature we intend to release in the future for all customers.  The intention is for Health Mode to use your 3D scan and the information you have provided to generate insights into your foot shape, pronation and arch condition (“Insights”). Insights are intended to help you reconnect with your natural potential.

Exclusions and disclaimers. You acknowledge and agree that Health Mode content and/or Insights are for informational purposes only. Such content is not intended to provide any healthcare and/or medical advice and Vivobarefoot does not provide medical services. Nothing contained in the Health Mode content and/or Insights should be construed as such advice or diagnosis. The content and/or Insights should not be interpreted as a substitute for consultation with a qualified healthcare or medical professional, and the information made available on or through the VivoBiome platform should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. Please seek the advice of an appropriately qualified healthcare or medical professional on: whether any given activity is safe and/or advisable for you; and your specific medical conditions, symptoms or circumstances.

VIVOHEALTH HUB

Functionality. Our website (via an integrated third party e-learning platform) provides functionality for you to access Vivohealth Hub content (as defined above).

Licence. You acknowledge that transactions for Vivohealth Hub courses constitute licences for digital content. By purchasing such content you acknowledge that you will not own the intellectual property rights in such digital content. The duration of any such licences shall be specified on our website at the time you seek to place your order (but in the event that no duration is specified, such licence shall be for 12 months only).

Digital Content. Notwithstanding anything to the contrary, in relation to digital Vivohealth Hub content only, you acknowledge that, if applicable, by purchasing (e.g. clicking or tapping the relevant purchase button) and initiating the downloading or streaming of the relevant Vivohealth Hub digital content, you are confirming that you want the digital content to be immediately credited to your account and that by doing so you are waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.

Revocation. In the event that any Vivohealth Hub content is requested to be removed from our website by any third-party licensor, or is removed due to the expiry or termination of any third party licencing arrangement, you acknowledge that your licence to access such Vivohealth Hub content will automatically expire and you will lose access to such Vivohealth Hub content.

Vivohealth Hub support services. If you require access to technical support services in relation to Vivohealth Hub content, please use the following contact details:

For questions related to your Vivohealth Hub account or login credentials, please contact support@inspire360.com. The Inspire360 support team is available Monday to Friday 07:00 to 16:00 PST.

For questions related to your licence purchase or the Vivohealth Hub course content itself, please
contact customerservices@vivobarefoot.com  

Exclusions and disclaimers. You acknowledge and agree that:

Vivohealth Hub content is for informational and/or entertainment purposes only. Such content is not intended to provide any healthcare and/or medical advice. Please seek the advice of an appropriately qualified healthcare or medical professional on: whether any given activity is safe and/or advisable for you; and your specific medical conditions, symptoms or circumstances.

we cannot guarantee the availability of the underlying third party e-learning platform which is provided “as is” and we exclude all liability for any downtime and/or unavailability you experience in attempting to access any Vivohealth Hub content;

Vivohealth Hub content is created by third party content providers and we are not responsible for (and exclude all liability in relation to) the contents of such Vivohealth Hub content;

we are not responsible for any interactions between you and the creators, presenters and/or content providers of any Vivohealth Hub content you’ve accessed via our website;

you represent and warrant that your access and use of any Vivohealth Hub content  is at your own risk and (subject to clause 9) we shall have no liability for such use by you or any third party;

we do not warrant or represent that Vivohealth Hub content will not: (i) infringe any third party intellectual property rights or applicable law; (ii) be accurate; or (iii) be appropriate for a particular purpose or requirement;

you must comply with all applicable terms which you may be subject to directly with our third party e-learning platform providers and you warrant that you will not do anything to put us in breach of any third party terms;

you will not attempt to access Vivohealth Hub content if such content is prohibited or considered illegal in your jurisdiction;

in relation to digital Vivohealth Hub content only, you acknowledge that, if applicable, by purchasing (e.g. clicking or tapping the relevant purchase button) and initiating the downloading or streaming of the relevant Vivohealth Hub digital content, you are confirming that you want the digital content to be immediately credited to your account and that by doing so you are waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.]

SECURITY

Do not share login credentials. If you are provided with or provide any of them, you must treat all login credentials and related authentication details as confidential, and you must not disclose them to any third party. We have the right to disable any user login credentials at any time, if in our opinion you have failed to comply with any of the provisions of these ToU. Accordingly you agree to:

maintain the security of your login credentials and be fully responsible for all use of our website made using your login credentials.

notify us immediately if you suspect or become aware of any unauthorised use of your login credentials or any other breach of our website’s security, by contacting us and providing details of the unauthorised use or other security breach; and

ensure that you log out of your account at the end of each session when using a public or shared device.

Do not hack or misuse our website. You must not misuse our website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server(s) on which our website is hosted or any other server, computer or database connected to us. You must not attack our website via any form of denial-of-service attack. You are responsible for ensuring that any data (including user generated content) that you upload to our website does not contain any malicious content or technologically harmful material which could damage our website or systems or compromise our website. You acknowledge that by breaching this clause you may be committing a criminal offence.

Exclusions for viruses and hacking related events. To the fullest extent permissible by law, we will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

LIABILITY

General liability. Vivobarefoot does not in any way exclude or limit our liability for: 

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

defective products under the Consumer Protection Act 1987;

liability that cannot be limited or excluded under applicable law.

Exclusion of liability for indirect or consequential loss. Subject to clause 10.1, if we fail to comply with these ToU, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of these ToU, however we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by both you and us at the time of entering into these ToU.

Additional exclusions. Subject to clause 10.1 and 10.2 Vivobarefoot shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Exclusion of liability for errors or omissions. Subject to clause 10.1 and 10.2, we do not accept liability for any errors and omissions on our website (including within any Vivohealth Hub content) and reserve the right to change information, specifications and descriptions of goods at our sole discretion. We will do our best to correct errors and omissions as quickly as possible after being notified of them.

Unavailability. Access to our website (including any Vivohealth Hub content) is provided “as is” and may become be subject to downtime and/or unavailability without notice (whether temporarily or permanently) and you acknowledge that, subject to clause 10.1, Vivobarefoot shall not be liable in relation to such events. Your use of our website (including any Vivohealth Hub content) is at your own risk.

Non-commercial purposes only. We only supply goods for domestic and private use. You agree not to use our website (including any Vivohealth Hub content) for any commercial purposes.

Our maximum liability. Subject to clauses 10.1, 10.2, 10.3, 10.4, 10.5 and 10.6 our maximum liability arising out of or in connection with your use of our website and/or the Vivohealth Hub content (in each case whether in tort (including negligence), for breach of contract, misrepresentation, under an indemnity or otherwise) will be limited to one hundred pounds sterling (£100) unless we otherwise agree in writing.

Implied terms. To the fullest extent permitted by applicable law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by applicable law.

GENERAL

Headings. Note that clause headings and sub-headings shall not affect the interpretation of these ToU.

No rights for third parties. These ToU (and any Contract between you and us) do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these ToU, except as expressly set out in these ToU.

Assignment. You will not assign, novate or transfer any of your rights or your obligations under these ToU to another person or entity unless we have given our prior written consent.

Entire Agreement. These ToU including any documents explicitly referenced within these ToU constitute the entire agreement between you and us. You agree that you have not relied on any statement or information in entering into these ToU which is not set out therein. If there is any conflict between these ToU and any documents and any documents expressly referred to within these ToU, you acknowledge that these ToU shall prevail and take precedence.

Severance. If any provision or part-provision of these ToU is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these ToU.

Governing law and jurisdiction. These ToU and any dispute or claim arising out of these ToU and any Contract (including any non-contractual disputes and claims) shall be governed by and construed in accordance with the laws of England and subject to the exclusive jurisdiction of the courts of England.

CONTACT US

How we may contact you. If we need to contact you, we may do so using the contact details you provided upon registration with us.

Vivobarefoot’s contact details. If you have any concerns, questions, comments or requests regarding these ToU or any document referred to within these ToU, please contact our customer services team using the following details:

UK, US, Europe & Rest of World: Monday to Saturday (8am to 2am GMT)

Email: customerservices@vivobarefoot.com

UK: +44 0207 048 0600

US: +1 855719 2092

Chat: UK - Monday to Friday (09:00 to 22:00) // Germany - Monday to Friday (08:00 to 17:00)

Germany: Monday to Saturday (08:00 to 17:00 GMT)

Email: kundenservice@vivobarefoot.com

Phone: +49 (0) 800 4455774 (UK number, carrier rates apply)

For customers calling, please note that our customer service is only available in English and German. Please note: Normal carrier rates apply to calls placed outside of these countries.