Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. This website may use cookies. By using this website and agreeing to these terms and conditions, you consent to Viwinco’s use of cookies. These terms include Viwinco’s Privacy Policy, which is incorporated by reference into these terms. We have included several annotations in boxes to help explain or identify key sections. These annotations are for convenience only and have no legal or contractual effect. The terms constitute a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. We will notify you of material changes and obtain your consent as may be required by law. Your continued use of the Services means you accept any changes. We may revise these terms at any time by posting an updated version. You should visit this page periodically to review the most current terms, because you are bound by them. Your continued use of this website after a change to these terms constitutes your binding acceptance of these terms. If we implement changes to these terms which would materially affect your rights or obligations as set forth in these terms, we will make reasonable efforts to provide notice and obtain consent as may be required by law.
Eligible Users
Only current commercial customers of Viwinco who have registered on this website are eligible to use this website, including the estimating, quoting and ordering features. Viwinco retains the right at any time to terminate the registration of, and access by, any user. This website is to be used only for business purposes in connection with the purchase, installation or repair of windows.
Your Account
You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials this website. You represent and warrant that the information you provide to Viwinco upon the registration with this website and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials
To use this website, you will have log-in information, including a username and password or social networking log-in credentials. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of this website and to preserve the confidentiality of your credentials, and any device that you use to access this website. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Viwinco by e-mail to helpdesk@viwinco.com. You will be solely responsible for the losses incurred by Viwinco and others due to any unauthorized use of your account.
License to use website
Unless otherwise stated, Viwinco owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Viwinco makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Viwinco does not warrant that:
cthis website will be constantly available, or available at all; orQuotes and Orders
You are solely responsible for all window orders placed by you on or through this website, regardless of any error or omission in any such order. Viwinco shall be entitled to rely on any order placed on or through this website as final, unconditional and irrevocable.
Limitations of liability
Viwinco will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Viwinco has been expressly advised of the potential loss.
Communications
We may send you push notifications and text messages with your permission, and you are responsible for all associated charges. We may communicate with you by email or by posting notices on this website. You may request that we provide notice of security breaches in writing. You agree to receive email from us at the email address you provided to us for customer service-related purposes. You may also receive push notifications and/or text messages for both content delivery and customer service-related purposes. DO NOT VIEW OR ANSWER THESE WHILE DRIVING OR OPERATING HEAVY MACHINERY. We are not responsible for the timeliness or final delivery of the push notification, as this is out of our control and is the responsibility of network relays. Text Messages from Viwinco. By providing us your mobile telephone number and requesting that we communicate information to you by text message, you consent to receive commercial text messages at that number as requested. We may charge you a fee if you sign up to receive text messages. In addition, standard messaging, data, and other fees may be charged by your wireless service carrier. You are responsible for these charges. You may turn off or unsubscribe from these messages by texting UNSUBSCRIBE in reply to text messages from Viwinco. You may also be able to change your text message preferences using Viwinco. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks. By using this website or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on this website or sending an email to you. You may have a legal right to receive this notice in writing. To enable the receipt of free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at helpdesk@viwinco.com.
Data Collection
We collect the data that you choose to provide to us through or in the use of the Website, including the data that you provide to us when you request that we connect with you by completing the form on the Contact section of the Website. This data may include your name, e-mail address, phone number and other data that by itself, or in combination with other data, reveals your identity. We also automatically collect usage data when you use the Website. “Usage data” is information about your activity on the Website that, by itself, does not identify you as an individual – for example, the operating system that you are using, the date and time stamp of your visit, the referring URL and your internet service provider. We may collect usage data through the use of “cookies” and other data collection tools. We may use your data as described at the point of collection or as follows:
- To operate and improve the Website.
- To deliver the services that you have requested.
- To contact you about events, publications and services that we provide.
- To better understand market conditions and current projects.
- To tailor the content and information that we provide to you through the Website.
- For customer service purposes.
- For security purposes.
- To enforce and protect our rights and the rights of others.
- For research and analysis purposes.
We may share your data as described at the point of collection or as follows:
- With third-party service providers whom we engage to provide services on our behalf – for example, we may use third parties to host the Website or assist us in providing functionality on the Website and to provide research and analysis services.
- In connection with a merger, sale, acquisition or other change of ownership or control by or of us or an affiliated entity.
- In response to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process.
- To enforce and protect our rights and the rights of others.
- To support external auditing, compliance and corporate governance functions.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Viwinco and undertake to keep Viwinco indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Viwinco to a third party in settlement of a claim or dispute on the advice of Viwinco’s legal advisers) incurred or suffered by Viwinco arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Viwinco’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Viwinco may take such action as Viwinco deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, and/or bringing court proceedings against you.
Variation
Viwinco may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Viwinco may transfer, sub-contract or otherwise deal with Viwinco’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These terms and conditions, the privacy policy and copyright notice constitute the entire agreement between you and Viwinco in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and fully performed in the Commonwealth of Pennsylvania. A case, controversy or disputes relating to these terms and conditions or use of this website will be subject to the exclusive jurisdiction of the state and federal courts with jurisdiction over Chester County, Commonwealth of Pennsylvania.
Viwinco’s details
Viwinco’s address is 851 Hemlock Road, Morgantown, Pennsylvania 19543. You can contact Viwinco by email to helpdesk@viwinco.com.