Terms of Service
Advertising Client /Agency / Educational Institutios
By contracting any service with BMI in reference to the site Viva-Mundo.com, you are also contracting to appear on the individual Viva-Mundo.com country sites - viva-mundo.com.co, vivamundo.com.co, viva-mundo.com.br and vivamundo.com.br. By contracting any service, customers also agree to be bound by these terms and conditions.
1. All orders are considered as a confirmed and contracted. Orders made by an advertising agency will be considered a contract when Viva-Mundo.com acknowledges receipt of the order.
Where the customer places the order and requests Viva-Mundo.com to bill their advertising agency the contract is formed with the customer and the customer remains contractually obliged to make payment in the event the advertising agency fails to pay. If an order is placed by a customer and they wish to be billed through their advertising agency, then the customer placing the booking is responsible for payment should the agency fail to pay for any reason.
Cancellations will be subject to a 100% cancellation fee and therefore no refund is due.
2. Most website options are for a six and twelve month period and start from the date the order is received.
3. It is the responsibility of the customer to ensure that their full courses database is permanently listed on Viva-Mundo.com website
for the full period of any advertising.Viva-Mundo.com provide a platform for providers to advertise their courses, we do not guarantee sale of these courses.
4. If no copy is provided the customer permits Viva-Mundo.com to take images and text from the institutions website and / or prospectus to facilitate the order. In the event that the institution does not own the images and text taken from the website, the institution will indemnify Viva-Mundo.com against any and all copyright and/or intellectual property claims brought by the owners of the images and texts in the event of any subsequent publication. Should a booking remain incomplete due to the client not providing the requested information, and it not being available on their website, full payment of the order value is still due.
5. If required banner advertising can be made up by Viva-Mundo.com for an agreed charge. The starting charge for this is 250 US Dollars.
6. All prices exclude VAT. If your institution is in the EU, you will be charged VAT unless you supply a VAT exemption certificate. Institutions outside the EU will not be charged VAT.
7. In exceptional situations, institutions with credit history with BMI or public educational institutions may be invoiced for services.
8. Any amendments where new translation is required will be charged at a fee of US 150. Institutions can make unlimited changes directly to their profiles via their institution login on the Viva-Mundo site.
10. The institution shall ensure that it owns the copyright and all other intellectual property rights of any information posted on to Viva-Mundo.com or that that it provides to Viva-Mundo.com for subsequent publication.
11. The agreement is governed by the laws of Brazil and any dispute is subject to the exclusive jurisdiction of the Courts and Tribunals of Brazil. Viva-Mundo.com have the right to instigate enforcement action abroad where there is likelihood of recovery of debt from a business or individual. In this situation the customer is liable for these costs including staff travel.
12. As an existing customer, you agree to being sent periodic updates on our products and services. The option to opt-out will be included in all related correspondence.
13. Payment terms: All payments for the length of service contracted is immediate via credit card. Where invoicing is agreed, Viva-Mundo.com can where appropriate charge interest on overdue payments at a rate of 5% per month from the due date.
14. In the event that the Institution cancels or does not pay, this may result in the removal of profile from our website/s. However, full payment for the contracted service is still due.
This website is operated by BMI. We can be contacted by writing to [email protected]
By using our website, you are agreeing to these terms, whether you are just browsing or whether you are a registered user. Please do not use our website if you do not agree with these terms and stop using it immediately.
We may revise these terms at any time at our complete discretion. If we do, we will notify you by email. Your continued use of our website means that you agree to all of the revised terms.
1.1 Although portions of our website may be visited by any Visitor, you will need to register to use certain areas and functionality on the website. Registration on Viv-Mundo.com is free of charge.
1.2 To register as a Member, you must either:
(a) confirm that you are over 16 years of age; or
(b) if you are less than 16 years of age, please see Section 3, below.
1.3 You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate, up to date and complete. We reserve the right to terminate your membership and access to our website if we discover you have provided false or misleading information.
1.4 When you register to use our website, you will be asked to create a username and password. You agree not to divulge your password to any other person. You are responsible for maintaining the confidentiality of your password, and will be fully responsible for all liabilities arising in connection with your password's use (or misuse), whether such use or misuse is with or without your knowledge or approval. If you suspect that someone else knows of or is using your password, you must notify us immediately by sending an email to [email protected] .
1.5 If you forget your password, please send an email to [email protected] .
1.6 We have the absolute discretion to cancel your account and username/password at any time if we suspect it is being used by an unauthorised person or organisation.
2. Your use of our website
2.1 For the purposes of these terms, "Content" refers to all data, text, logos, artwork, software, documents, images, photographs and other materials you may upload to or download from our website including information about yourself and information about certain courses.
2.2 You must ensure that any Content that you submit to our website:
(a) does not infringe any third party's Intellectual Property Rights ("Intellectual Property Rights" means registered and / or unregistered copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, and all applications for such rights, anywhere in the world);
(b) does not breach any applicable law;
(c) is not defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable in our opinion; or
2.3 You agree that you will not use our website:
(a) for commercial purposes or to obtain financial gain without our prior written consent;
(b) to send chain letters, junk mail, 'spam', business or bulk communications of any kind;
(c) to advertise a company, product or service of any educational establishment except under the terms of a written advertiser agreement that we have entered into with you;
(d) in a way, that might reasonably be expected to cause another person's computer systems and/or their communications network to be interrupted, damaged or rendered less efficient;
(e) to obtain personal information from "Users" (which means "Members" and "Visitors") under the age of 16 or from anyone if such information is gathered deceptively or in a non-transparent way;
(f) to obtain passwords or personal identifying information for commercial or unlawful purposes from other Users;
(g) to attempt to impersonate another User;
(h) to harass, threaten or intimidate any User.
2.4 You will be for responsible for logging out from your registered account at the end of each session on our website.
2.5 If you are a Visitor, you agree not to obtain unauthorised access to areas of our website reserved for Members.
2.6 If you are aware of anything on our website which appears to infringe these terms, you agree to contact us immediately.
3. Under 16 years of age
3.1 If you are under 16 years of age and want to become a Member, you must obtain a parent or guardian's permission before registering on our website. You may also discuss these terms with them before obtaining their permission.
3.2 If you are a Member under 16 years old, you will need to obtain a parent or guardian's permission before taking part in any online discussions. You should never reveal personal information about yourself, such as your address, telephone number and school.
4. Content posted
4.1 We have a software tool which monitors Content on our website. While we hope that it removes the majority of inappropriate content, it is not 100% reliable - no software tool is. None of the views expressed in the Content are the views of Viva-Mundo.com - we are just providing a platform. You acknowledge that all Content is the responsibility of the person who posted, emailed or otherwise provided the Content to our website. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. We are not responsible in any way for any Content - and if you post, email, upload or otherwise provide Content, you are entirely responsible for it.
4.2 However, we operate a "take down and notice" procedure. If you believe that any Content is defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable, or infringes intellectual property or other legal rights please notify us immediately by sending an email to [email protected] .. We will investigate each matter notified to us and will act in our sole discretion.
4.3 If you post Content which is found to be in breach of these terms, we reserve the right to deactivate your username and password to prevent you from further access to our website as a Member.
5. Intellectual Property Rights
5.1 You agree that our website and all Content contained in it are protected by Intellectual Property Rights that either belong to or are licensed to Viva-Mundo.com or BMI.
5.2 You acquire no proprietary interest in our website or Content provided by us or others and may not use them in any way except as expressly permitted by these terms.
5.3 You may view, print, download or temporarily store such Content for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer such Content. You acknowledge that you will not acquire any Intellectual Property Rights by downloading or otherwise using any such Content.
5.4 By submitting Content to our website:
(a) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and communicate to the public such Content; and
(b) you authorise us to adapt such Content and you agree to waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
6. Our Rights
6.1 We have the right in our absolute discretion to alter, edit, remove, suspend or refuse any Content without notice, if we consider that the Content is objectionable or violates these terms or for any other reason.
6.2 We may preserve or disclose the Content and your personal details as well as any Content to any third party if such disclosure is necessary:
(a) for the purpose of maintaining our website;
(b) by law;
(c) to respond to claims that our website infringes or restricts the right of any party.
6.3 We may suspend or terminate your access to our website at any time if you breach any of these terms.
7.1 Our website is provided on an "as is" and "as available" basis. We expressly disclaim all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
7.2 You understand and agree that we do not guarantee the accuracy, relevancy or completeness of any information in or provided on or from our website. We are not responsible for any errors or omissions or for the results obtained from the use of such information. Our website is provided for the general information of the general public.
7.3 Your use and participation in our website and services are solely at your own risk. No advice or information, whether oral or written, obtained by you from our website shall create any warranty not expressly made in these terms or imposed by law.
7.4 We make no warranty that our website will meet your requirements, or that access to our website will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of our website.
8. Limitation of Liability
8.1 EXCEPT AS REQUIRED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT LOSSES OR DAMAGES ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) AND FOR ANY REASON.
8.2 EXCEPT AS REQUIRED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OR LOSS OF PROFITS, DATA, GOODWILL, REVENUE IN EACH CASE REGARDLESS OF WHETHER SUCH LOSSES OR DAMAGES ARISE IN THE NORMAL COURSE OF EVENTS OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH LOSSES OR DAMAGES ARISE IN CONTACT OR TORT (INCLUDING NEGLIGENCE) AND FOR ANY REASON.
8.3 NOTHING IN THESE TERMS SHALL OPERATE TO EXCLUDE OR RESTRICT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
9. Territory Statement
Please do not access or use the Content from a jurisdiction where such access or use would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organisation. If you breach this provision, you will be held entirely responsible.
We may assign our rights and obligations under these terms and upon such assignment we shall be relieved of any further obligation under these terms. You are not permitted to assign your rights and obligations under these terms.
11. Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the laws of Brazil and any dispute shall be subject to the non-exclusive jurisdiction of the courts of Brazil.