1 – Personal information we collect
This Privacy Statement covers personal information, non-personal data collection and aggregate reporting. This Privacy Statement applies to VIVOS websites and domains.
Personal information is information that is associated with your name or personal identity. VIVOS uses personal information to understand better your needs and interests and to provide you with better service. Once you choose to provide us with personal information, you can be assured it will be used only to support your customer relationship with VIVOS. We take seriously the trust you place in us.
VIVOS will not sell, rent or lease your personal information to others. On VIVOS website, you can order products or services, request information, subscribe to marketing or support materials, register yourself or your VIVOS products. The types of personal information you provide to us on these pages may include name, address, phone number, e-mail address, user IDs and passwords, billing and transaction information, credit card information, contact preferences, educational and employment background, and job interest data.
Non-personal information is data about usage and service operation that is not associated with a specific personal identity. VIVOS collects and analyzes non-personal information to evaluate how visitors use the VIVOS website. Non-personal data we collect may include the pages visited on the VIVOS websites, unique URLs1 visited within our website, browser type and IP address. Most non-personal data are collected via cookies or other analysis technologies.
2 – Children’s Privacy
VIVOS is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests.
The Site is not intended for individuals under the age of 14.
3 – How we use our clients information
VIVOS uses your personal information to provide you with services and to help us better understand your needs and interests. Specifically, we use your information to help you complete a transaction or order, to communicate with you, to provide service and support, to update you on services and benefits, to personalize promotional offers and to personalize some VIVOS website.
Occasionally we may also use your information to contact you for market research regarding VIVOS products or services. We will give you the opportunity to choose your privacy preferences regarding such communications. You may, at any point, contact us to request an opt-on on future communication. Credit card information is used only for payment processing and fraud prevention.
This information is not used for any other purpose by our financial services providers or VIVOS and will not be kept longer than necessary for providing the services, unless you ask us to retain your credit card information for future purchases.
Personal data collected online may also be combined with information you provide VIVOS through other sources such as product registration, call centers or public events such as trade shows or seminars.
Personal data given to VIVOS may be transferred across provincial and/or country borders for the purposes of data consolidation, storage and simplified customer information management.
Non-personal data is aggregated for reporting about VIVOS website usability, performance and effectiveness. It is used to improve the customer experience, usability and site content.
4- Who we share our clients information with
VIVOS will not sell, rent or lease your personal information to others. VIVOS will not share your personal information with third parties except in responding to your requests for products or services. Your permission will be requested when you submit your information. VIVOS shares customer information across VIVOS owned business entities and companies working on our behalf, but only as required to meet your product or service requirements.
VIVOS occasionally may contract with third party service providers and suppliers to deliver complete products, services and customer solutions. Suppliers and service providers are required to keep confidential the information received on behalf of VIVOS and may not use it for any purpose other than to carry out the services they are performing for VIVOS. These service providers may change or we may contract with additional service providers to better accommodate our customers.
VIVOS will not share personal information with any other third parties without your permission, unless required by law enforcement action, subpoena, or local law.
VIVOS or its related entities could merge with or be acquired by another business entity or some or all of their respective assets could be acquired. If such a combination or acquisition occurs, VIVOS will make every reasonable effort to notify you in the event we share with the merging or acquiring entity some or all of your personal information to continue serving you.
5 – Ours Clients Choices
VIVOS gives our clients the choice of receiving a variety of information that complements our products and services. You can subscribe to receive certain product- and service-specific information and VIVOS-wide marketing communications.
VIVOS -wide communications may include new product information, special offers, or an invitation to participate in market research. We give you a choice regarding delivery of VIVOS -wide communications by postal mail, e-mail and telephone. You can make or change your choices at the data collection point. We will make every effort to honour your preferences. This option does not apply to communications for the purpose of administering order completion, contracts, support, product safety warnings or driver updates.
6 – Client’s information and third-party companies
Certain VIVOS services are linked with those from unrelated third-party companies, some which offer you the option to share with both VIVOS and the third party personal data you provide. We will not share your personal information with those third-party companies unless you make that choice.
The VIVOS website may provide links to third party websites for your convenience and information. If you access those links, you will leave the VIVOS website. VIVOS does not control those sites or their privacy practices, which may differ from VIVOS. We do not endorse or make any representations about third-party websites.
7 – Access to and accuracy of your information
VIVOS strives to keep your personal information accurate. We have implemented technology, management processes and policies to maintain customer data accuracy. We will provide you with access to your information, including making reasonable effort to provide you with online access and the opportunity to change your information. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as a password and user ID, before granting access to your data. Certain areas of VIVOS website may limit access to specific individuals through the use of passwords and other personal identifiers.
8 – Keeping our client’s information secure
VIVOS is committed to protecting the information you provide us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, VIVOS has in place appropriate physical and managerial procedures to safeguard the information we collect.
We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. This security measure is working when you see either the symbol of an unbroken key or closed lock (depending on your browser) on the bottom of your browser window.
Credit card numbers are used only for processing payment and are not used for other purposes. As part of real-time payment processing, VIVOS subscribes to a fraud management service. This service gives you and VIVOS Company an extra level of security to guard against credit card fraud to protect your financial data.
9 – Contacting us
For more information about our privacy practices, please contact us by email at [email protected]
This privacy statement applies to Canada.
VIVOS Terms of Service
This website is operated by Rio Swimming & Fitness Sportswear LTD., o/a trade name VIVOS. Throughout the site, the terms “we”, “us” and “our” refer to Rio Swimming & Fitness Sportswear LTD., o/a trade name VIVOS. Rio Swimming & Fitness Sportswear LTD., o/a trade name VIVOS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WooCommerce Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall VIVOS , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless VIVOS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
VIVOS Return Policy
Non-custom items may be exchanged or returned within 30 days, if they meet our return policy requirements described on item 1.2 Return Policy Requirements.
. For this items VIVOS will gladly refund your purchase within 10 days. Products damaged at the result of customer use will be deemed unreturnable.
Sales, Final Sales items and custom design products cannot be returned, unless there is a defect or an error we committed. Products damaged at the result of customer use will be deemed unreturnable.
1.1 RETURN AND EXCHANGES POLICY FOR ONLINE PURCHASES
Returns and exchanges are accepted if they meet our return policy requirements described on item 1.2 Return Policy Requirements.
These requirements are set in place to protect all customers, to prevent the return of personally damaged or used garments, and to ensure the high quality of our products.
Items may be returned for refund within 10 days of purchase, if they meet our return policy requirements described on item 1.2 Return Policy Requirements. Items may be returned or exchanged for online credit within 30 days of purchase if they meet our return policy requirements described on item 1.2 Return Policy Requirements. Customer is responsible for all return shipping costs, as well as new order shipping costs. Items that were purchased more than 30 days ago are not eligible for return or exchanges.
1.2 Return Policy Requirements
The non-custom purchased items in order to be qualified for returns, exchanges and refunds they must be unworn, unused, unwashed, free of stains and odors and still have the tags, original bags and hygienic protection liner attached. Please do not send items back if they do not comply with these requirements, as we are unable to issue store credit or refund, and are not responsible for sending the item back to you. For sanitary reasons, please try on swimwear over underwear. Do not remove the hygienic protection liner.
If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you. Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment.
Purchased items will be refused and mailed back to the shipping address of the original order if returned with:
- No tag
- No hygienic protection liner
- No original bags
- Signs of item being worn, washed, used, or tried on without underwear
- Stains and/or odors
Please keep your shipment tracking number. Packages shipped back to us without tracking that fail to arrive are the responsibility of the customer
1.3 How to refund, return or exchanges
To refunds, returns or exchanges please submit an email to [email protected] with the subject line “Request Return for Order [your order number]”. Please, kindly attached in your email all your purchase information, as order number, products data and contact information.
If you received the Return Authorization email from us, package up the return with the Return Authorization email printed and placed inside using any type of postage/package you like. The items must be unworn, unused, unwashed, free of stains, odors and mold, and still have the tags, original bags and hygienic protection liner attached. Customer is going to be responsible for all return shipping costs, as well as new order shipping costs.
Once your package has been delivered to our returns department, please allow 3 weeks for your return to be processed. You will be sent a confirmation email once your refund has been issued.
Once you get the confirmation email, please allow 2-3 business days for the refund to appear on your bank statement.
1.4 RETURN POLICY FOR SALES, FINAL SALES ITEMS AND CUSTOM DESIGN PRODUCTS
Sales, Final Sales items and custom design products cannot be returned, unless there is a defect or an error we committed. Products damaged at the result of customer use will be deemed unreturnable.
We do not offer cancellations under any circumstances. All orders are made-to-order and the process begins immediately after an order is placed. If you have a question about a cancellation of an order please email us at [email protected] We will do our best to see if we can accommodate a cancellation request, but it is not guaranteed.
Any claims for misprinted/damaged/defective items must be submitted within 5 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 10 days after the estimated delivery date.
Exact garment colour matches can’t be guaranteed, and slight colour inconsistencies will not be considered defects. Please note that garment colours may appear different in person than they do online depending on your device or monitor setting.
Claims deemed an error on our part are covered at our expense.
Because we provide custom printed products, we cannot provide returns for sizing issues or buyer’s remorse. It is your responsibility to check the sizing charts provided on the product pages and to ensure your design is to your specifications before finalizing the order.
Female and male swimwear sizing kit may be available under request. Some restrictions and a security deposit may apply. Please submit an email to [email protected] with the subject line ’’SWIMWEAR SIZING KIT’’ if you require more information.
If a particular item does not have a sizing chart then you may request one from [email protected]
If your order does not resemble (within a reasonable limit) the digital confirmation (at the time of checkout), then we will reprint your order at no extra charge, provided that the original garments are returned to us (at our expense).
If you notice an issue with your order, please submit an email to [email protected] with the subject line “Request Return for Order [your order number]”.