General Terms & Conditions

VivaAnimali is a Platform that connects pet parents, vets and professionals, associations and more people under one roof.

When you create an account at Viva Animali by completing the registration form on our website, you agree to these General Terms and Conditions. You also confirm that you’re at least 18 years of age. If you use our services for business purposes, that business will be bound to the Terms outlined below.

General

  1. In this agreement “we”, “us”, “our” or “VivaAnimali” refers to Finday B.V. We have our statutory seat in Amsterdam, The Netherlands.
  2. Only these Terms, and no other Terms, apply to all Services VivaAnimali provides to you, unless we agree otherwise in writing. If you use our Services, you accept these Terms and they will become a legally binding agreement between you and VivaAnimali.
  3. Our Privacy Statement is part of these Terms. You can find these documents at our legal section of the platform. By using our Services, you confirm that you have read these documents and that you agree and shall comply with them. When we refer to ‘Terms’, we refer to all these documents and these General Terms and Conditions.
  4. In this agreement, a "party" means either you or VivaAnimali. When we refer to services, this includes all the services we offer, including services like applications we developed for different user groups or any other service as described on our website ("Services").
  5. We may change these Terms from time to time. If we do, we will notify you in advance via e-mail or through our website of any material revisions. If you continue using our Services, this means you agree to the changed Terms. If you do not agree to the changed Terms, you should not use VivaAnimali Services.
  6. When you register for an account, you enter into an agreement with VivaAnimali for an indefinite period of time. In addition to any other rights, both you and VivaAnimali may terminate this agreement for any reason by giving at least one (1) month prior written notice to the other party.
  7. If you are registering for a VivaAnimali account or if you use our Services on behalf of an organization, you agree to these Terms on behalf of your organization. You guarantee that you have the authority to bind your organization to these Terms, as if the organization were you. If your organization uses our Services, this will be considered a confirmation by the organization that it is bound to these Terms.

Services

  1. We will provide you with our Services in accordance with these Terms and the SLA.
  2. We are entitled to have third parties perform a part of our Services or proceedings. We do not guarantee that our Services are always available or without disturbance. If there is any unavailability or non-performance of our Services, you have the right to claim service credits in accordance with the SLA. We will not have any other obligation to compensate you for unavailability or non-performance of our Services. VivaAnimali shall not be liable for any short-term or long-term interruption of the data transmission to the recipient of the communications sent through our platform. All periods and dates specified by VivaAnimali are target dates, unless expressly agreed otherwise in writing.
  3. We may decide in our sole discretion if we are able to provide you with our Services. We may change the eligibility criteria for the use of our Services at any time, in our sole discretion. Only if we decide we do not want to provide you with our Services, we will refund any unused prepaid credits or balance.

User Contributions

In order to help you make your voice heard and share ideas with others, this site may contain tools that allow you to post your original contributions on this site or elsewhere.

  1. These tools may include online petitions, announcements, letter-writing tools, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (“Interactive Services”) that allow you to post, submit, publish, display, or transmit to other users or other members of the public your content or materials (“User Contributions”).
  2. We consider any User Contribution you post to the site to be non-confidential. The content you post belongs to you, and you grant us the right to display, reuse, and share it to further the mission of Viva Animali. In legal terms, by posting a User Contribution on the site, you confirm and warrant that you own or control all rights to that content and grant Viva Animali and its affiliates a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, modify, adapt, publish, transmit, display, and distribute your content using any existing or future developed distribution methods or media.
  3. Commitment to accuracy. VivaAnimali has a Commitment to Accuracy that applies to our official posts, and we ask you to similarly commit to accuracy in your independent User Contributions. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Viva Animali, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Content Standards

  1. You are solely responsible for any content you post or actions you take via this site and their consequences.
  2. All User Contributions must comply with these Content Standards and with all applicable national, regional, federal, state, local, and international laws and regulations. These Content Standards apply to any and all User Contributions and Interactive Services.

In addition, User Contributions must not:

  1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, endangers Viva Animali’s broader mission, or is otherwise objectionable.
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  3. Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  5. Be likely to deceive any person.
  6. Promote any illegal activity, or advocate, promote or assist any unlawful act.
  7. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  8. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  9. Give the impression that they emanate from us or any other person or entity, if this is not the case.

Prohibited Uses

You may use this website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this site:

  • In any way that violates any applicable national, regional, federal, state, local, and international law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or reuse any material which does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Viva Animali or an Viva Animali employee, another user, or person or entity (including, without limitation, the use of email addresses or screen names associated with any of the foregoing), or to register to use the site on behalf of any group or entity.
  • To harvest or collect email addresses or other personally identifiable information of users from this site by electronic or other means for any purpose.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this site, or which, as determined by us, may harm Viva Animali or users of the site or expose them to liability.
  • For any commercial purpose.

Additionally, you agree not to:

  • Use this website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of this website, including their ability to engage in real time activities through the site.
  • Use any robot, spider or other automatic device, process or means to access the website for any purpose, including to monitor or copy any of the material on this site.
  • Use any manual process to monitor or copy any of the material on this website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of this website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this website, the server on which the this is stored, or any server, computer or database connected to this website.
  • Attack this website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of this website.

We Are Not Responsible for User Contributions

We cannot review everything that is posted by users in advance, so any content and/or opinions uploaded, expressed or submitted to the site, and all User Contributions, including, articles, responses to questions, and other content, other than the content officially provided by Viva Animali, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Viva Animali.

We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of this website and you agree to bear full responsibility for the content you post to the site.

While we try to investigate all credible complaints about objectionable User Contributions, we cannot ensure individual responses or removal of such content.

Enforcement of Terms

Because the purpose of this website is to serve the Viva Animali mission on behalf of the Viva Animali community, in order to ensure that it is used only for its intended purpose and that no use of the site endangers Viva Animali’s broader mission, Viva Animali has the right to:

  • Remove or refuse to post any User Contributions for any or no reason. This is a decision Viva Animali will strive to make fairly, but ultimately it is a decision that is solely up to Viva Animali to make. It will be our general practice, however, to consult with our members including through randomized polling to determine what user contributions our membership views as advancing our mission. At all points in this process we will welcome feedback from the community on how we make these decisions as it is the community’s ability to achieve our mission that we are here to serve. But in the end, Viva Animali has a legal obligation to ensure that all of our activities advance our mission and we therefore must reserve final judgment on upholding this requirement.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of this website and the public or could create liability for Viva Animali.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We will not do this lightly, but if we think it has the potential to facilitate a fair and just resolution of the dispute, or will protect Viva Animali from liability for which we are not responsible, we may take this step. See More on Protection of Viva Animali and Others in our Privacy Policy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this website when we determine law enforcement is the proper and appropriate means for addressing the offending use.
  • Terminate your access to all or part of this website for any violation of these Terms of Use.

You waive and hold harmless Viva Animali from any claims resulting from any action taken by Viva Animali during or as a result of its investigations and from any actions taken as a consequence of investigations by either Viva Animali or law enforcement authorities.

Links to other Sites

As is typical online, this site and user posts may contain hyperlinks to other sites. If there are other websites and resources linked to on this site, either by VivaAnimali or by you, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this site, you do so entirely at your own risk and subject to the privacy policies and terms and conditions of use for such websites.

Intellectual property

All intellectual property rights in our platform, Services, materials, documentation or any other functionalities we offer to you, also upon your request, remain exclusively with VivaAnimali. These Terms do not grant you any rights, intellectual property rights, or licenses in respect to our platform, our Services or other documentation or materials provided by you.

Although we want you to use the tools provided on this site to improve our world, Viva Animali has to make sure that the Viva Animali name and other associated names are not used for the wrong purposes. For that and other reasons, the Viva Animali name, Viva Animali logo and all related names, logos, product and service names, designs and slogans are trademarks of VivaAnimali or its affiliates or licensors. You may not use these names without the prior written permission of Viva Animali. All other names, brands, and marks that may appear on the site remain the property of their respective owners and appear here for identification purposes only.

Additional provisions

No Guarantee of Service

Although we hope to make this site available at all times in the future, there may be times when we need to disable the site either temporarily or permanently. Please understand that we also reserve the right to withdraw or amend this website, and any service or material we provide on it. We may do this without notice at our sole discretion. Keep this in mind as Viva Animali will not be liable if all or any part of the website is unavailable at any time for any period of time. Also, from time to time, we may restrict access to some parts of the website, or the entire website, to users, including those who have a profile page.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable 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 the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Viva Animali nor any person associated with Viva Animali makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither Viva Animali nor anyone associated with Viva Animali represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

VivaAnimali hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

In no event will Viva Animali, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Dispute Resolution and Governing Law

  1. These Terms and any dispute or claim arising out of or in connection with these Terms, their subject matter or their formation (including non-contractual disputes or claims) will be governed by and construed in accordance with Dutch law.
  2. Each party irrevocably agrees that the competent courts in Amsterdam will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this these Terms (including non-contractual disputes or claims).
  3. Before bringing a formal legal claim, you must first raise the issue with our support or legal team. In most cases we can resolve disputes that way.