1. Definitions
1.1. In these Conditions, the following terms (whether used in plural or singular form) shall have the following meanings:
“Club” means the PRO Installer Club operated by Viva Sanitary;
“Conditions” means these terms and conditions;
“Data Laws” means all applicable laws and regulations relating to the processing and privacy of personal data, including the General Data Protection Regulation (EU) 2016/679;
“Member” means any person meeting the eligibility criteria set out in clause 2 who has joined (or, where the context requires, wishes to join) the Club;
“Merchandise” means any applicable merchandise which may be made available in exchange (in full or in part) for the Points in accordance with these Conditions;
“Personal Data” has the meaning given in the Data Laws;
“Points” means the points which may be earned and/or redeemed by the Member in accordance with these Conditions;
“Privacy Policy” means Viva Sanitary’s Privacy Policy from time to time in force as set out at www.vivasanitary.co.uk/privacy-policy;
“Viva Sanitary” means Mercantile Ventures Limited, trading as Viva Sanitary (company number 06613191); and
“Website” means Viva Sanitary’s website at which the Member may access their account and earn or redeem Points in connection with the Club.
2. Eligibility and Membership
2.1. Membership of the Club is open only to individuals who are resident in the United Kingdom (excluding Northern Ireland) and who purchase Viva Sanitary’s products in the course of business.
2.2. Employees, partners, agents and representatives of Viva Sanitary’s competitors are not eligible to be members of the Club and must not access or attempt to access the Club or the Website.
2.3. By joining the Club, Members (or purported Members) warrant and represent to Viva Sanitary that they meet the eligibility criteria set out above.
2.4. Unless otherwise specified by Viva Sanitary from time to time, membership of the Club can only be obtained via the Website.
2.5. Viva Sanitary shall be entitled (in its absolute discretion) to refuse membership of the Club to any person.
3. Application of these Conditions
3.1. Subject to any variation under clause 4, the Club is operated and made available to the Member subject to these Conditions, to the exclusion of all other terms and clauses (including any terms or clauses which the Member may purport to apply by any means).
4. Changes to these Conditions
4.1. Viva Sanitary reserves the right to amend these Conditions at any time and for any reason and shall post the amended terms and conditions on the Website.
5. Use of the Website
5.1. The Member must comply with the Website Terms of Use, as applicable from time to time, a copy of which is available at www.vivasanitary.co.uk/terms-of-use.
5.2. Viva Sanitary makes no representations or warranties as to the availability of the Website. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond Viva Sanitary’s control.
5.3. Use of the Website is at the sole risk of the Member. Viva Sanitary does not accept responsibility for any Points which are lost or which otherwise cannot be redeemed due to failures in computer systems, other malfunctions, high internet traffic, hardware failure, software failure, server faults or for any other reason whatsoever.
6. Earning Points
6.1. The Member must purchase eligible products in order to earn Points.
6.2. Points can only be earned on certain eligible Viva Sanitary products, as determined by Viva Sanitary from time to time (in its absolute discretion). All such products are subject to availability.
6.3. Eligible Viva Sanitary products will have a sticker which has a unique code or reference number which can be entered on the Website in exchange for the Points.
6.4. The Member must log on to the Website and submit the unique code or reference number from sticker on the eligible products in order to add the Points to their account.
6.5. The number of available Points will vary for different eligible products and shall be determined by Viva Sanitary from time to time (in its absolute discretion).
7. Redeeming Points
7.1. The Points can only be redeemed after they have been added to the Member’s account in accordance with clause 6.4.
7.2. The Member must log on to the Website in order to redeem the Points. The Points can only be redeemed against any Merchandise if the Member has accumulated sufficient Points for redemption against the relevant Merchandise (including where redemption of Points is permissible in conjunction with partial payment).
7.3. The Points can only be redeemed against certain Merchandise, as determined by Viva Sanitary from time to time (in its absolute discretion). All items of Merchandise are subject to availability.
7.4. The number of Points required for redemption against Merchandise (and/or the price payable in full or in part for any Merchandise, where applicable) will vary for different Merchandise and shall be determined by Viva Sanitary from time to time in its absolute discretion.
7.5. The Points can only be redeemed once (and when redeemed the balance of Points available on the Merchant’s account will be reduced accordingly). When the Points have been redeemed, they cannot subsequently be returned or credited to the Member in any circumstances.
7.6. The Member shall not be entitled to redeem any Points if, at the time of any attempted redemption:
7.6.1. the Member is in breach of these Conditions (or Viva Sanitary has reasonable grounds to believe that there may have been a breach of these Conditions);
7.6.2. the Member’s access to the Website or membership of the Club has been terminated or suspended by Viva Sanitary for any reason; or
7.6.3. Viva Sanitary has terminated or suspended the operation of the Club for any reason.
7.7. The Merchandise shall be supplied to the Member subject to Viva Sanitary’s terms and conditions of sale in force at the relevant time (a copy of which can be accessed at /terms-of-use.aspx).
7.8. The Points can only be redeemed against the Merchandise and cannot be used for any other purpose. No cash alternative is available for the Points and the Points are non-transferable.
8. Merchandise and Other Items
8.1. All descriptions or illustrations relating to the Merchandise contained on the Website or in Viva Sanitary's brochures or other documents are issued or published for the sole purpose of giving an approximate idea of the Merchandise described in them.
8.2. Any typographical, clerical or other error or omission on the Website or in any sales literature, brochure or other document or information issued by Viva Sanitary relating to the Club, the Points or the Merchandise may be corrected by Viva Sanitary at any time without any liability to the Member.
8.3. Viva Sanitary may from time to time offer bumper stickers and other free items relating to the Member’s membership of the Club. The offer of any such items shall be at Viva Sanitary’s absolute discretion and is subject to availability.
9. Liability
9.1. Viva Sanitary accepts no liability if the Member (or purported Member) joining or accessing (or attempting to join or access) the Club or any feature of the Club unlawfully or in breach of these Conditions.
9.2. Viva Sanitary shall not be liable to perform any of its obligations (under these Conditions or otherwise) in respect of the Club, the Points or the Merchandise, nor liable for any failure to perform or any delay in the performance of any of its obligations, if and to the extent that is it unable to do so as a result of circumstances beyond its control and shall not be liable to compensate the Member in such circumstances.
9.3. Viva Sanitary accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
9.4. All warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10. Termination and Suspension
10.1. Viva Sanitary shall be entitled (in its absolute discretion), without prior notice, at any time and for any reason, to immediately terminate or suspend:
10.1.1. the Member’s access to the Website or membership of the Club; or
10.1.2. the operation of the Club in its entirety.
10.2. Any suspension pursuant to clause 10.1 shall be for such duration as Viva Sanitary may determine (in its absolute discretion).
10.3. On any termination of the Club or of the Member’s access to the Website or membership of the Club, the Member shall have no right or entitlement whatsoever to any Points which the Member has accumulated but not redeemed at the point of termination.
11. Data Protection
11.1. This clause 11 applies to any Personal Data which Viva Sanitary obtains about the Member in their capacity as a data subject (as such term is defined by the Data Laws).
11.2. The Member acknowledges and agrees that (where applicable) Personal Data of the Member may be processed by Viva Sanitary (and its agents) for various purposes relating to the operation and administration of the Club and as otherwise set out in the Privacy Policy.
11.3. The Member represents and warrants that any Personal Data which the Member has provided to Viva Sanitary in connection with the Club is complete and accurate.
11.4. The Member has various rights relating to the Personal Data which is processed by Viva Sanitary. Details of such rights and how to exercise them are set out in the Privacy Policy.
12. Interpretation of these Conditions
12.1. In these Conditions (except if and to the extent that the context otherwise requires):
12.1.1. the words ‘other’ and ‘otherwise’ are illustrative and shall not limit the sense of the words preceding them;
12.1.2. words importing the singular shall include the plural and vice versa;
12.1.3. references to a numbered clause are to a clause of these Conditions so numbered.
12.2. The headings in these Conditions are for ease of reference only and shall not affect their construction or interpretation.
13. General
13.1. These Conditions constitute the entire agreement and understanding between Viva Sanitary and the Member in respect of the Club. The Member acknowledges and agrees that it has not relied on any statement, promise or representation made or given by or on behalf of Viva Sanitary in respect of the Club which is not set out in these Conditions. Nothing in this clause 13.1 shall exclude or limit Viva Sanitary's liability for fraudulent misrepresentation.
13.2. Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between Viva Sanitary and the Member, constitute either the agent of the other, nor authorise either to make or enter into any commitments for or on behalf of the other.
13.3. Membership of the Club is personal to the Member and the Member shall not be entitled to assign, transfer or otherwise deal with any of their rights in connection with the Club.
13.4. Each right or remedy of Viva Sanitary under these Conditions is without prejudice to any other right or remedy of Viva Sanitary (whether under these Conditions or otherwise).
13.5. If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Conditions and the validity and enforceability of the other provisions of these Conditions shall not be affected.
13.6. The failure of Viva Sanitary to exercise or enforce any right under these Conditions shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
13.7. These Conditions and any dispute or claim arising out of or in connection with the Club (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. Viva Sanitary and the Member irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or the Club (including non-contractual disputes or claims).
