Please carefully review these Terms and our Privacy Policy before placing an order, using this website, any other Aeviva website or sharing any personal information. By proceeding, you agree to be legally bound by these Terms, creating a binding agreement between you and Aeviva.
1. SUBJECT OF THE AGREEMENT
Welcome to the Aeviva family of websites, including our main website, mobile website, and related domains (collectively, the "Website"). This Terms of Use Agreement ("Agreement") establishes the legal terms between Aeviva - Benjamin Božič s.p., Kolomban 58a, 6280 Ankaran, Slovenia, 51515790, its affiliated companies ("we," "us," or "our"), and you ("User," "your," or "you").
By using the Website or providing us with any personal information, you confirm that: (i) you have read and understood the terms of this Agreement, (ii) you accept and agree to be bound by its terms, and (iii) you agree to comply with all applicable laws and regulations related to this Agreement.
If you do not agree to the terms of this Agreement and our Privacy Policy, please do not access or use the Website, or disclose any personal information to us.
The terms of use in this Agreement may change periodically and can be revised at any time at our sole discretion by updating this page. It is your responsibility to regularly check this page for any updates, as changes will not be specifically indicated or personally notified to you. By continuing to use the Website, you agree to any changes or modifications to this Agreement. If you do not accept any modifications, your only option is to stop using the Website or terminate this Agreement by contacting Aeviva customer service. Certain provisions of this Agreement may also be superseded by legal notices or terms located on specific pages of the Site.
By clicking on the "I accept" box and placing an order you agree to these terms and conditions and a legally binding agreement is formed between you and Aeviva, consisting of your order and these terms and conditions ("Agreement"). The Agreement will be ongoing, until or unless your Subscription is cancelled or terminated in accordance with these terms and conditions.
2. INFORMATION DISCLAIMER - NOT MEDICAL OR HEALTHCARE ADVICE OR TELEMEDICINE SERVICE
2.1 Aeviva does not provide medical care, medical opinions, medical advice, diagnosis, or treatment. All information found on this Website, linked sites, or contained on product packaging and labeling is general in nature and is not intended to diagnose, treat, cure, or prevent any disease.
Our products are not designed to replace professional healthcare or the individual advice available from your doctor or other qualified healthcare provider. You should always consult with your doctor before starting, stopping, or modifying any prescribed treatments, medications, or supplementation routines. Always include our supplements when discussing your medications and treatments with your doctor or pharmacist, and ensure they are aware of all products you are taking. This applies especially if you have any ongoing or previously diagnosed health conditions, or if you are taking any prescription medications.
2.2. In the case of any adverse reactions, stop using our products immediately and seek medical attention. Please inform us about any reactions so we can investigate and continually improve our products.
2.3. While we aim to provide accurate, reliable information, Aeviva does not make any express or implied warranties regarding the accuracy, completeness, or reliability of the information on this Website.
Always read product information carefully and follow the directions for use. Vitamin supplements should not replace a balanced diet. Keep all vitamin products out of the reach of children.
2.4. The products and claims made on this Website have not been evaluated by the United States Food and Drug Administration (FDA), or by European medical or food safety authorities - The European Food Safety Authority (EFSA), UK - Medicines and Healthcare products Regulatory Agency (MHRA), or any other similar institutions. These products are not approved to diagnose, treat, cure, or prevent any disease.
2.5. The content provided on this Website, including links to third-party websites, is for informational purposes only. It should not be used to self-manage health concerns or relied upon as a substitute for professional medical advice. Consult with a qualified healthcare professional for any questions regarding medical diagnoses, treatments, or health conditions.
Information on this Website, including that provided on product labels or packaging, is provided in summary form and should not be considered a replacement for the advice of a healthcare professional. Our consultations, reports, and product recommendations are designed to offer personalised advice on vitamins, supplements, and lifestyle changes. However, for any health-related concerns, it is crucial to consult your doctor before using our products or making any significant changes to your health routine.
3. CONDITION FOR PLACING AN ORDER
By using our Website and placing an order, you confirm that:
(i)You are a natural person with full legal capacity.
(ii)You are acting as a consumer, meaning you are purchasing for personal use and not for any professional or business purposes.
(iii)You are at least 18 years old and legally capable of entering into binding contracts. If you are under 18, you must have consent from a legal guardian to use the Website and provide personal information.
(iiii)Our Website is not intended for individuals under 18, and we do not knowingly collect personal information from anyone under that age unless legally permitted.
4. SITE USAGE & TERMINATION
4.1. Account Creation and Management
To use certain features of the Website, such as making a purchase or to have control over the recommended supplements from the quiz, you must create an account. You agree to provide true, accurate, current, and complete information during the registration process and to promptly update your information to maintain its accuracy. If we find or suspect that the information you've provided is inaccurate or outdated, we reserve the right to suspend or terminate your account, cancel pending orders, and issue refunds. Future use of the Website may be restricted.
You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any security breach. Unless you notify us, you will be held responsible for all charges resulting from the use of your account, including unauthorized activities.
If you fail to comply with these requirements, we are not liable for any loss or damage that may arise.
We reserve the right to terminate or suspend your account or access to the Website, with or without notice, at our sole discretion. This includes cases where an order is deemed fraudulent, credit card charges are disputed, or if we determine that your conduct violates this Agreement, applicable laws, or is harmful to other users, us, or our affiliates.
4.2. You agree to use the Website for lawful purposes only and accept responsibility for your actions and communications on the Website. You agree not to post, transmit, or share any material that is unlawful, infringing, defamatory, obscene, indecent, threatening, offensive, or otherwise objectionable. This includes any content that promotes illegal activities, could result in civil liability, infringes on intellectual property rights, or violates local, state, national, or international laws. You also agree not to use the Website in a manner that interferes with its normal operation or affects others' use of the Website.
4.3. We make no representation that the materials or products available on the Website are appropriate or available for use outside Slovenia, nor do we guarantee that this Agreement complies with the laws of any other country. If you access the Website from outside the Republic of Slovenia, you do so at your own initiative and risk, and it is your responsibility to ensure compliance with all applicable laws and regulations. You agree not to access the Website from any location where its contents are illegal, and you are solely responsible for compliance with all relevant laws in your jurisdiction.
4.4. The Website and its content, including text, audio, video, designs, logos, and images (collectively "Content"), are owned by Aeviva and are protected by copyright and trademark laws. You are granted a non-exclusive, revocable license to use the Content solely for personal, non-commercial purposes, such as browsing the Website and placing orders. Any other use, including reproduction, modification, or distribution of the Content, is prohibited without prior written consent. All goodwill from the use of our trademarks benefits Aeviva.
Read more: INTELLECTUAL PROPERTY RIGHTS AND PROTECTION
5. USER CONTENT AND RESPONSIBILITIES:
5.1. You may post or create content through the Website, including but not limited to reviews, comments, and other user-generated content (collectively, "User Content"). You are solely responsible for the content you post, and you assume all risks associated with it, including its accuracy, reliability, and any personally identifiable information you disclose. Once submitted, your content may not be withdrawn and will be accessible to others.
5.2. You agree not to submit, post, or display any User Content that:
- (a) You do not have the legal right, permission, or license to use, upload, or allow others to use as contemplated by this Agreement.
- (b) Is unlawful, infringing, defamatory, deceptive, offensive, obscene, or otherwise objectionable.
- (c) Is fraudulent, manipulative, or violates any laws, including intellectual property, privacy, or publicity rights.
5.3. We reserve the right to remove any User Content that violates these terms or is otherwise deemed offensive, inappropriate, or unacceptable at our sole discretion. While we do not routinely review User Content, we may monitor submissions and take action if necessary.
5.4. You expressly acknowledge and agree that by submitting User Content, it will be publicly accessible and that there is no expectation of confidentiality or privacy with respect to such content. This includes any personal information you choose to make available, which you do so at your own risk. You, and not us, are entirely responsible for all User Content that you post, upload, or otherwise share through the Website.
5.5. By submitting User Content to the Website, you grant us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, modify, compile, combine, copy, record, display, publicly perform, translate, and distribute your content. This license also allows us to incorporate your content into other works, use it as necessary for the operation of the Website and services, and create derivative works based on it. This right continues even if you cease using the Website.
5.6. You agree to indemnify us against any and all claims, liabilities, damages, costs, and expenses (including legal fees) arising from your User Content, including any breach of intellectual property or other rights, or from any violations of this section.
5.7. You understand that by using the Website, you may encounter User Content that is offensive, indecent, or objectionable. We do not endorse or assume responsibility for the accuracy or reliability of any User Content posted by third parties. You agree that you bear all risks associated with the use of any User Content, and we are not liable for any harm that may arise from your reliance on such content.
5.8. We may preserve or disclose User Content if required by law or if we believe that such action is reasonably necessary to comply with legal processes, enforce this Agreement, respond to claims, or protect the rights, safety, or property of our users or the public. You acknowledge that technical processing and transmission of the Website, including your content, may involve transmissions over various networks and require changes to conform to technical requirements.
If you have any questions or concerns about your User Content or that of another user, or if you wish to report inappropriate content, you can contact us directly on infoaeviva@gmail.com
6. INTELLECTUAL PROPERTY RIGHTS AND PROTECTION
6.1. You acknowledge that all materials on the Website, including but not limited to the design, text, graphics, sounds, pictures, software, and the arrangement thereof (collectively, "Materials"), are the property of Aeviva and are protected by European Union and international copyright, trademark, and other intellectual property laws. The trademarks, service marks, trade names, logos, and other proprietary marks (collectively, "Marks") displayed on the Website are the sole property of Aeviva and may not be used, copied, or reproduced, in whole or in part, without prior written authorization. This includes page headers, custom graphics, and icons, which are also protected Marks of Aeviva.
6.2. Any unauthorized use of the Materials or Marks constitutes an infringement of our intellectual property rights, including copyrights, trademarks, and patent rights, and will be pursued through legal action. Other copyrights, trademarks, product names, company names, logos, and intellectual property displayed on the Website are the property of their respective owners, and all rights are reserved.
6.3. By agreeing to the terms of this Agreement, you agree not to use any text, photos, likenesses, or other copyrighted or protected material belonging to Aeviva or any third parties without prior express written consent. All product photos, images, videos, or recordings displayed on the Website are for illustrative purposes only and may vary from actual products. Product colors may differ depending on monitor settings and are shown for reference only.
6.4. The systems, software, databases, structures, and content (texts, images, visuals, music, logos, trademarks, etc.) used within the Website are protected by intellectual property rights and database producer rights. Any disassembly, decompilation, decryption, extraction, reuse, reproduction, or distribution of these elements, in whole or in part, without prior authorization is strictly prohibited and may result in legal action.
6.5. Algorithm Data Protection: Any attempt to copy, replicate, or interfere with the algorithm data embedded in our quiz or any related content is strictly prohibited. The use of bots, robotic tools, or automated means to copy, extract, or tamper with our Website's content, particularly the algorithm data, will be thoroughly investigated. If we detect any such activity, we reserve the right to take legal action and pursue further investigations to protect our intellectual property. Any interference with our systems, especially attempts to replicate or misuse proprietary algorithm data, will be treated as a serious violation of these terms.
7. LIABILITY LIMITATIONS:
7.1. You agree that the use of the Website is at your sole risk. The Website, its content, and any products or services are provided on an "as is" and "as available" basis, unless explicitly stated otherwise in this agreement. Aeviva, its affiliates, officers, directors, employees, and representatives (collectively, "Company Entities") disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.2. We do not warrant that the Website will meet your needs, operate without errors, or be available at all times. We also do not guarantee that any results obtained from using the Website will be accurate, reliable, or meet your expectations. Any materials downloaded or obtained through the Website are done at your own risk, and you are solely responsible for any damage to your device or loss of data resulting from such downloads. No advice or information you receive from Aeviva or through the Website will create any warranty not explicitly stated in this agreement.
7.3. Aeviva reserves the right to replace any product you have ordered with an equivalent or higher-value product to fulfill your order. This may result in differences in the product's color, size, shape, taste, texture, smell, coating, or other attributes, depending on the specific availability of the replacement.
7.4. We reserve the right to make changes, corrections, and improvements to the Website and Services at any time. Without prior notice, we also reserve the right to cancel or modify an order if we detect fraudulent or inappropriate activity, or if the order contains an error or mistake. Additionally, we reserve the right to cancel a product at our discretion. In such cases, the full amount paid for the canceled product will be refunded to you.
7.5. To the fullest extent permitted by law, Aeviva disclaims any responsibility for the accuracy, content, or availability of information found on third-party websites that may link to or from this Website. These links are provided for your convenience, and we do not endorse or make any warranties regarding the content or services offered by such external sites. We are not liable for the accuracy, legality, copyright compliance, or appropriateness of material contained on third-party sites, and you agree to waive any claims against us in connection with your use of these sites. Please note that third-party websites may be subject to additional fees and separate terms as determined by their respective owners, which will form a separate agreement between you and the third-party site operator.
7.6. We are not liable for any failure to perform, or delays in performance, due to events beyond our reasonable control. These events include, but are not limited to, natural disasters, pandemics, wars, strikes, transportation disruptions, or other unforeseeable circumstances (collectively, "Force Majeure Events"). In such cases, we reserve the right to suspend or delay the fulfillment of any orders or services affected by these events, without liability.
Look: Force Majeure Events
7.7. User Obligations:
7.7.1 The User is solely responsible for using and preserving the products once delivered. The User must check the suitability of the products for their specific needs before purchasing. Aeviva cannot be held liable for improper use of the products or for using them in a way that does not align with their intended purpose.
7.7.2. The User agrees to use their account strictly for personal purposes and must not transfer or assign their rights and obligations to a third party. You are also responsible for ensuring that your account information is backed up and that your data and software are protected against potential damage.
7.7.3. Aeviva provides no guarantee that our products will meet your specific needs, expectations, or constraints. Any suggestions made through our services, including those generated by algorithms, do not constitute a medical diagnosis or prescription. The products are not intended to replace consultations with healthcare professionals.
8. PRODUCTS:
8.1. All products available on the Website, including personalised packs, subscription packs, and classic products that are not part of personalised or subscription packages, are food supplements. These products are not intended to diagnose, treat, cure, or prevent any disease.
Before placing an order for any products on the Website, in accordance with Directive 2011/83/EU on consumer rights and theSlovenian Consumer Protection Act (Zakon o varstvu potrošnikov), users have the right to review the characteristics of each product they wish to order.
The photographs and descriptions of the supplements displayed on the Website are intended to be as accurate as possible. However, due to technical limitations and product variations, the colors, shapes, and other characteristics of the actual supplements you receive may differ slightly from what is shown in the images.
The safety and quality of the products are maintained through proper transport and storage practices until they reach delivery.
If the user identifies any concerns regarding the safety or quality of the products, they are encouraged to notify Aeviva immediately via email at infoaeviva@gmail.com, allowing us to address the issue promptly.
8.2. Please note that the price of our products may fluctuate due to circumstances beyond our control. Factors such as increased costs of raw materials, production, transportation, shipping, packaging, and inflation may lead to changes in the final price of your order. We strive to keep prices as consistent as possible but reserve the right to adjust them when necessary to reflect these external market conditions. In the case of a Subscription, the prices apply to Orders delivered after they take effect. The User who does not accept the new prices must terminate their Subscription according to the terms provided in the article “Subscription.” Otherwise, they will be deemed to have accepted the new rates.
8.3. Standard Supplements:
Customers can purchase standard supplements, which are not personalised, when available on the Website. Please note that unless specifically indicated, supplements listed on the product page are intended for personalised packs and may not be available as stand-alone standard supplements.
8.4. Personalised Pack:
The personalised pack consists of 30 sachets, each containing 4 different supplements carefully recommended by our algorithm based on your responses to a detailed questionnaire. The supplements in the pack are selected for your specific needs and cannot be substituted unless you contact us directly for adjustments. Certain supplements, which are categorised under specific health needs and not intended for everyday use, are offered as optional extras in the quiz for an additional charge.
8.5. Test Kit:
We offer a free sample kit for customers who have not yet purchased our personalised pack. Delivery costs remain the responsibility of the User.
8.6. Deterioration
As with anything we consume, your specific health condition(s) may not improve and could potentially worsen, or new conditions may develop due to individual differences in how the body responds. We do not guarantee any improvement in your health, as our product is not a medicinal product and is not designed to treat, cure, or prevent diseases. If you experience any worsening of your overall health or an exacerbation of existing conditions, you agree toimmediately stop using Aeviva products and contact your doctor.
Allergen Disclaimer: our products are formulated to be as allergen-free as possible unless otherwise stated in the supplement facts list. However, it is your responsibility to thoroughly read all product information, including ingredients, before making a purchase. Please note that while we strive for allergen safety, our supplements may contain traces of allergens due to cross-contact during the manufacturing process.
9. SUBSCRIPTIONS:
9.1. By subscribing to Aeviva products, you acknowledge and agree that you are entering into an ongoing subscription arrangement ("Subscription") to receive your personalised supplement pack. Subscriptions are available in the following models:
- Basic Subscription Model: This option commits you to receiving your personalised pack on a monthly basis. After each successful payment, we will prepare and dispatch your order to ensure consistent delivery.
- 3-Month Pack Subscription Model: With this model, we will send a 3-month supply in one shipment, four times per year, at a discounted price. This allows for fewer deliveries at a better value.
9.2. Your subscription will begin upon placing your initial order, following a successful checkout, and will continue until you choose to stop your subscription. You will be billed for your first order when you complete your initial transaction. Recurring orders will be charged automatically based on your selected model—either monthly or quarterly—unless you cancel or make changes by contacting our Customer Service.
9.3. By subscribing to the Services, you agree to receive our products on a recurring basis for an indefinite period, unless canceled by you or us in accordance with this Agreement. Your subscription amount and payment intervals are specified during the initial checkout process and confirmed in subsequent communications. These details can also be accessed through the Customer login area on the Website, using your Login credentials, unless updated or adjusted in line with these Terms and Conditions.
9.4. You may cancel or pause your Subscription at any time, without the obligation to receive further products or make additional payments, by sending a cancellation or pause request via email to infoaeviva@gmail.com
9.5. If you are pausing or canceling your Subscription, your request must be received at least 15 days before your next package is due. If your cancellation request is received after this period, your payment will still be processed, and the products for that order cycle will be dispatched. The cancellation will take effect starting the following month.
9.6. We reserve the right to terminate your Subscription at our discretion, at any time, without providing a specific reason for our decision. If we terminate your Subscription, you will stop receiving your product orders starting from the order cycle immediately following the termination, and any future payments will no longer be processed.
9.7. We strive to ensure that all shipments, including subscription packs, are dispatched on time. However, once the products are handed over to the postal service, we cannot be held responsible for any delays, as this falls under the responsibility of the carrier. While we will always do our best to manage and expedite the shipping process, unforeseen delays may still occur and we do not take responsibility for any inconveniences.
10. PRODUCT AND SUBSCRIPTION PRICES:
The prices of the products and subscription services are displayed on the Website. The applicable price is the one shown at the time of placing your order.
All prices are listed in EURO and include all relevant taxes, such as VAT and other applicable charges.
Aeviva may offer promotions or price reductions at its discretion.
Delivery costs, if applicable, are not included in the product prices and will be charged in addition. The delivery costs will be clearly indicated before finalising your order and in the confirmation of your order.
Important: For orders outside the European Union, customs duties or local taxes may be required upon receiving the package, which are additional to the price paid. These duties and taxes, which we cannot determine or inform you of in advance, remain your responsibility, and you are solely responsible for handling any related declarations or formalities.
11. ORDERS:
11.1. Orders are not binding on Aeviva until accepted by us. We reserve the right to limit the quantity of any product in an order or to refuse shipment to any customer for any reason, or without reason, with or without prior notice.
11.2. If we are unable to process the payment or if a payment is refunded for any reason, we reserve the right to immediately suspend or terminate your access and account, effectively terminating this Agreement and all related obligations.
11.3. After placing an order through our Website, you will receive an email acknowledging receipt of the order. Please note that this does not mean your order has been accepted. Your order constitutes an offer to purchase, which we may accept or reject. We will inform you if any product or service is unavailable.
11.4. We will make every effort to fulfill your order as soon as possible and within 30 days of acceptance, barring any exceptional circumstances or out-of-stock notifications. We are not liable for delays beyond our control. If any such delays occur, we will inform you promptly and take steps to minimise the impact.
Once the order is prepared, you will receive an email acknowledging.
11.5. Placing an order:
You can place an order for your recommended personalised pack after completing our quiz. All products will be displayed on the pre-checkout page, where you'll have the opportunity to review and modify certain aspects of your pack before finalising your order.
For standard supplements, when available, you can place an order by simply adding them to your cart and proceeding to checkout.
As part of placing an order, you will be asked to provide your contact details for delivery and invoicing purposes. Please ensure that all mandatory fields in the form are filled out accurately. Orders that do not include all required information cannot be validated.
You guarantee that the information provided during the order process is accurate, up to date, and truthful. Providing false or misleading information may result in the cancellation of your order.
Your order will remain in your cart for a limited time. You can also access your past recommendations and previous orders through your account at any time.
12. PAYMENTS:
12.1. Payment for all products and services must be made by credit or debit card, or any other payment method listed at checkout on the Website. Your credit card will be billed as soon as your order is placed and then monthly on a recurring basis unless your subscription is canceled or suspended in accordance with the terms. If we are unable to fulfill your order or ship some items, we will refund the difference to your credit card. Please note, refunds may take several business days to reflect on your statement. [Your Company Name] does not accept money orders, cashier's checks, personal checks, or company checks.
12.2. Your responsibilities:
(i) It is your responsibility to ensure that your payment method details are valid and up to date. We accept Visa, MasterCard, and American Express cards.
(ii) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
(iii) Ensure that the billing address and telephone number provided match the information on file with your credit card issuer. Incorrect information may delay your order.
Storage of collected information:
(i) Aeviva does not collect or store payment information. All payment information is securely collected and stored by the third-party payment processor.
(ii) Complete debit/credit card details are not accessible to Aeviva or any third-party entities.
12.3. Failed payments:
(i) Payment failures can occur due to insufficient funds, outdated payment details, or transaction disputes.
(ii) We reserve the right to re-attempt payment multiple times using your chosen payment method to recover outstanding amounts.
(iii) If payment remains unsuccessful after several attempts, your subscription will be suspended until updated payment details are provided.
(iv) In the event of continued failed payments, we reserve the right to recover the outstanding debt through alternative means, including the use of third-party collection agencies.
(v) Future deliveries may be suspended or terminated if payments remain outstanding.
13. SHIPPING AND DELIVERY:
13.1. The available delivery territories for our products are listed on the Website.
If you wish to have your products delivered to a country not listed on our Website, you can contact Aeviva using the details provided in the "Contact Us" section. We will respond as soon as possible to confirm if delivery to the requested country is possible, informing you of the cost and time of delivery.
Delivery will be made to the address provided during your first order as the delivery address (which can be different from the billing address), provided it is located within one of the available delivery territories.
13.2. Delivery Methods:
The available delivery methods will be displayed on the Website before checkout, ensuring you can choose the most suitable option for your location.
There is an exception for orders delivered within Slovenia and Croatia, where you can opt to have your package delivered with thepay-on-delivery method. This allows you to pay for your order upon receipt of the package.
13.3. Delivery Time and Price
Delivery times vary depending on the destination country. For subscription orders, we make every effort to ensure that the next order is automatically dispatched within the appropriate time frame to match the delivery time to your location.
The delivery price to your country is calculated during checkout and varies based on the destination. Please note that delivery prices may change from time to time due to adjustments in postal service tariffs and any updates to our agreements with shipping providers.
If your order has not been delivered within 30 days, you have the right to cancel your order by contacting us via email. We reserve the right to investigate the situation and offer an explanation or suggest an alternative solution. If you choose to decline our alternative offer, we will issue a refund within 14 business days.
14. RIGHT OF REFUND:
As a general practice, refunds are not provided unless specific conditions are met. A refund may be issued under the following circumstances:
(i) An incorrect combination of supplements was delivered without prior notification.
(ii) The product received differs significantly from the sample or description provided at the time of purchase.
(iii) The supplements have sustained severe damage, rendering them unusable.
(iv) The supplement is subject to rapid deterioration or is likely to expire quickly.
(v) The product has been unsealed, compromising its safety and hygiene standards.
If you believe your situation qualifies for a refund, we kindly request that you contact us at infoaeviva@gmail.com with a detailed explanation of the issue. Upon review and acceptance of your claim, we will process a refund within 14 business days.
15. DISCOUNTS AND VOUCHERS
16. AGE RESTRICTIONS:
While we cannot restrict minors from visiting our Website due to the open nature of the internet, all purchases of products, services, or any other goods available on our Website must be made by individuals who are 18 years of age or older. Additionally, all users who register with our Website must be at least 18 years old.
17. IDEMNIFICATION
17.1. You agree to indemnify, defend, and hold harmless Aeviva, its affiliates, officers, directors, employees, and agents from and against any losses, expenses, costs, damages, including reasonable attorney fees, resulting from your use of the Website, inability to use the Website or services, any products purchased through the Website, or any activity related to your account. This includes violations of this Agreement, infringement on the rights of any third party, or violation of any laws or regulations.
17.2. You agree to cooperate fully with us as reasonably required in the defense of any claim. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and in such cases, you will still be responsible for covering our legal fees and any losses or damages incurred.
18. TRANSFER OF RIGHTS AND OBLIGATIONS:
These Terms and Conditions are binding on both you and us, as well as on our respective successors and assignees.
You may not transfer, assign, charge, or otherwise dispose of any of your rights or obligations under these Terms and Conditions without our prior written consent.
We reserve the right to transfer, assign, charge, sub-contract, or otherwise dispose of any of our rights or obligations under these Terms and Conditions at any time without needing your prior consent.
19. FORCE MAJEURE EVENTS:
(i) strikes, lock-outs or other industrial action;
(ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(v) impossibility of the use of public or private telecommunications networks;
(vi) epidemic, pandemic or other health emergency (whether declared or not); and
(vii) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.