Dear Visitor,

We are Verwick Online Education Limited, also known as Lex van Dam Trading Academy (LVDTA) or Lex van Dam Financial Education (LVDFE).

Lex van Dam Trading Academy and Lex van Dam Financial Education are the trading names for Verwick Online Education Limited registered in Gibraltar. Company Registration Number: 103734 Companies House, Gibraltar.

If you have any questions or want more details about the website, the Terms and Conditions or like to know in further detail how we use your personal data after you have read our Terms & Conditions and Privacy Policy below, please let us know. See below all the different ways you can get in touch:

Email our customer support teams at: [email protected] and [email protected] or call us at:  +1 212 203 0630 /  +44 20 3286 3408. We normally respond to all inquiries within 24-72 hours.

Address: Verwick Online Education Limited, 57/63 Line Wall Road, PO Box 199.

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I. TERMS AND CONDITIONS 

BACKGROUND:

This Policy applies as between you, the User of this Web Site and Verwick Online Education Limited, the owner and provider of this Web Site and its connected persons and companies. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Please read these terms and conditions carefully and keep a copy for future reference.

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1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Cookie” means, a small text file placed on your computer by Verwick Online Education Ltd when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your Orders’, Shopping Basket etc, with Verwick Online Education Ltd. Further details are contained in Clause 10 and Schedule 1 of this Policy;

“Data” means, collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;

“Verwick” means Verwick Online Education Ltd., 57/63 Line Wall Road, Gibraltar

“Service” means collectively any online facilities, tools, services or information that Verwick Online Education Ltd makes available through the Web Site either now or in the future;

“System” means, any online communications infrastructure that Verwick Online Education Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means, any third party that accesses the Web Site and is not employed by Verwick Online Education Ltd and acting in the course of their employment; and

“Web Site” means, the website that you are currently using www.lexvandam.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

1. Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Verwick Online Education Ltd, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property, and other laws.

2. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for as specified in Clause 4 of these Terms and Conditions for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Verwick Online Education Ltd. Specifically you agree that:

1. You will not use the Content of the Web Site for commercial purposes;

2. You will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Verwick Online Education Ltd;

3. Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 4 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

4. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Verwick Online Education Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them

6. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.lexvandam.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Verwick. To find out more please contact us by email at [email protected])

7. Use of Communications Facilities

1. When using the Forums, Chats, Blogs, and similar, or any other System on the Web Site you should do so in accordance with the following rules:

2. You must not use obscene or vulgar language;

3. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

4. No Content that is intended to promote or incite violence;

5. It is advised that posts on Forums, Chats and Blogs or similar communications with Verwick are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

6. You must not post links to other web sites containing any of the above types of Content;

7. The means by which you identify yourself must not violate these terms of use or any applicable laws;

8. You must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

9. You must not impersonate other people, particularly employees and representatives of Verwick or our affiliates; and

10. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

11. You acknowledge that Verwick reserves the right to monitor any and all communications made to us or using our System.

12. In order to use the Forums, Chats, and Blogs or similar and any other communication facility that may be added in the future on this Web Site, you are required to submit certain personal details. By continuing to use this WebSite you represent and warrant that:

12.1. Any information you submit is accurate and truthful.

12.2. You will keep this information accurate and up-to-date.

8. Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.

9. Disclaimers

Risk Disclosure:

U.S. Government Required Disclaimer – Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is U.S. Government Required Disclaimer – Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.

CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

1. Verwick Online Education Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Verwick makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

3. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

4. Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Verwick makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

5. Whilst every effort has been made to ensure that all descriptions of services available from Verwick correspond to the actual services available, Verwick is not responsible for any variations from these descriptions.

10. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Verwick accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

11. Limitation of Liability

1. To the maximum extent permitted by law, Verwick Online Education Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

2. Nothing in these terms and conditions excludes or restricts Verwick’s liability for death or personal injury resulting from any negligence or fraud on the part of Verwick Online Education Ltd.

3. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

12. Law and Jurisdiction

These terms and conditions and the relationship between you and Verwick shall be governed by and construed in accordance with the Law of England and Wales and Verwick Online Education Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

II. STANDARD TERMS AND CONDITIONS FOR GOODS AND SERVICES

1.Application of Conditions

1.1 Refund Policy - You can cancel your purchase within seven days of your contract with us if you do NOT use the "Product". Please note that a "Product" as being used is defined by logging into your account on our website and clicking to view the Product you purchased. If you have not viewed a Product and want to receive a refund, you only need to email us within 7 days of your purchase at [email protected]

Club memberships automatically renew every year, cancellation notice needs to be received at least 30 days before renewal.

1.2 The Supplier shall supply and the Customer shall purchase the Goods and Services in accordance with the specification schedule (such as Website, Videos, Blogs, Article, Phone Agreement) of the accepted full paid cleared order which are subject to these Conditions.

1.3 The Contract shall be to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.

2. Definitions and Interpretation

2.1 In these Conditions:

"Business Day" means any day other than a Saturday, Sunday or bank holiday;

"the Customer" means the person who accepts a quotation or offer of the Supplier for the sale of the Goods and supply of the Services, or whose order for the Goods and Services is accepted by the Supplier;

“Commencement Date” means the commencement date for this agreement as set out in the specification schedule of the accepted paid order

"the Contract" means the contract for the purchase and sale of the Goods and supply of the Services under these conditions;

“these Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Supplier;

“the Delivery Date” means the date on which the Goods and Services are to be delivered as stipulated in the Customer's order and accepted by the Supplier;

“the Goods” means the goods (including any instalment of the goods or any parts for them) which the Supplier is to supply in accordance with these Conditions;

“Month” means a calendar month;

“the Services” means the Services to be provided to the Customer as set out in the specification schedule of the full paid accepted order;

“the Supplier” means Verwick Online Education Ltd, a company registered in Gibraltar under 103734;

“Writing” includes any communications effected by telex, facsimile transmission, electronic mail or any comparable means.

2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

3. Basis of Sale and Service

3.1 The Supplier's employees or agents are not authorised to make any representations concerning the Goods and Services unless confirmed by the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations that are not so confirmed.

3.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Supplier.

3.3 Sales literature, price lists and other documents issued by the Supplier in relation to the Goods and Services are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Customer may not be withdrawn cancelled or altered prior to acceptance by the Supplier and no contract for the sale of the Goods and Services shall be binding on the Supplier unless the Supplier has issued a quotation which is expressed to be an offer to sell the goods and services or has accepted an order placed by the Customer by whichever is the earlier of:

1. the Supplier's written acceptance;

2. delivery of the Goods; or

3 the Supplier's invoice.

3.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

4. The Goods

4.1 No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier's authorised representative.

4.2 The specification for the Goods shall be those set out in the Supplier's sales documentation unless varied expressly in the Customer's order (if accepted by the Supplier). [The Goods will only be supplied in the minimum units (or multiples) stated in the Supplier's price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Supplier are intended as a guide only and shall not be binding on the Supplier.]

4.3 The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Supplier's specification, which do not materially affect their quality or performance.

4.4 No order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

5. The Services

5.1 With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment will provide the services expressly identified in the specification schedule/accepted order otherwise agreed under this agreement.

5.2 The Supplier will use reasonable care and skill to perform the services identified in the specification schedule/accepted order or otherwise agreed under this agreement.

5.3 The Supplier shall use all reasonable endeavours to complete its obligations under the Schedule, but time will not be of the essence in the performance of these obligations.

6. Price

6.1 The price of the Goods and Services shall be the price listed in specification schedule of the accepted order, current at the date of acceptance of the Customer's order or such other price as may be agreed in writing by the Supplier and the Customer.

6.2 Where the Supplier has quoted a price for the Goods other than in accordance with the Supplier's published price list the price quoted shall be valid for 1 day only or such lesser time as the Supplier may specify.

6.3 The Supplier reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods and Services to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods and services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions.

6.4 Except as otherwise stated under the terms of any quotation/specification schedule/accepted order agreement, or in any price list of the Supplier, and unless otherwise agreed in writing between the Customer and the Supplier, all prices are inclusive of the Supplier's charges for packaging and transport as specified in the specification schedule/accepted order.

6.5 The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods and Services, which the Customer shall be additionally liable to pay to the Supplier.

7. Payment

7.1 All payments required to be made pursuant to this Agreement by either party shall be made within 1 day of the date of the relevant invoice or as per specification schedule, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.

7.2 The time of payment shall be of the essence of these terms and conditions. If the Customer fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Supplier shall, without prejudice to any right which the Supplier may have pursuant to any statutory provision in force from time to time, have the right to charge the Customer interest on a daily basis at an annual rate equal to the aggregate of 4% per cent and the base rate of 0.5% from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.

7.3 All payments shall be made to the Supplier as indicated on the form of acceptance or invoice issued by the Supplier.

7.4 Subscription Charges:

8. Delivery and Performance

8.1 Delivery of the Goods shall be made by the Supplier delivering the Goods to the reasonable place specified in the specification schedule.

8.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer.

8.3 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon given written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 10.1 of these Conditions risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.

8.4 With effect from the Commencement Date the Supplier shall, in consideration of the amount(s) being paid in accordance with the specification schedule, provide the services expressly identified in the specification schedule or otherwise agreed under this agreement.

9. Non-Delivery of Goods and Services

9.1 If the Supplier fails to deliver the Goods or Services and any of them on the Delivery Date other than for reasons outside the Supplier's reasonable control or the Customer's or its carrier's fault:

1. if the Supplier delivers the Goods and Services at any time thereafter the Supplier shall have no liability in respect of such late delivery;

9.2. Delivery of the Goods with 'Lifetime Access' is applicable only whilst the Supplier's business is a going concern. No refunds will be available for the Goods with 'Lifetime Access' should Supplier's business be no longer in operation. Verwick does not represent or warrant that Supplier's Services and Goods will be available at all times.

9.3. Delivery of the Goods with Groupon Voucher Code is applicable only 240 days after redemption of the voucher code on our website. You are granted 240 days of access to the Goods you purchased once you redeem your voucher with us. Once this period expires, the Supplier closes access to the Goods.

10. Risk and Retention of Title

10.1 Risk of damage to or loss of the Goods shall pass to the Customer at:

1. in the case of Goods to be delivered at the Supplier's premises, the time when the Supplier notifies the Customer that the Goods are available for collection;

2. in the case of Goods to be delivered otherwise than at the Supplier's premises, the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Supplier has tendered delivery of the Goods; or

3. in the case of goods being installed by the Supplier, the time that the Supplier notifies the Customer that the installation is complete.

10.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods.

10.3 Sub-clause 10.2 notwithstanding, legal and beneficial title of the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Supplier and the Customer has repaid all moneys owed to the Supplier, regardless of how such indebtedness arose.

10.4 Until payment has been made to the Supplier in accordance with these Conditions and title in the Goods has passed to the Customer, the Customer shall be in possession of the Goods as bailee for the Supplier and the Customer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Supplier and shall insure the Goods against all reasonable risks.

10.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Supplier, but if the Customer does so all money owing by the Customer to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.

10.6 The Supplier reserves the right to repossess any Goods in which the Supplier retains title without notice. In the event of repossession the Customer shall deliver up to the Supplier all Goods in which title has not passed, the cost of which shall be born by the Customer.

10.7 The Customer’s right to possession of the Goods in which the Supplier maintains legal and beneficial title shall terminate if;

1. The Customer commits or permits any material breach of his obligations under these Conditions;

2. The Customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.

11. Assignment

11.1 The Supplier may assign the Contract or any part of it to any person, firm or company.

11.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Supplier.

12. Defective Goods

12.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery "condition and contents unknown" the Customer gives written notice of such defect to the Supplier within three business days of such delivery, the Supplier shall at its option:-

1. replace the defective Goods within 14 days of receiving the Customer's notice; or

2. refund to the Customer the price for the goods which are defective; but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice give by the Customer as aforesaid.

12.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier's sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer.

12.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier's instructions (whether oral or in writing), misuse or alteration of the Goods without the Supplier's approval, or any other act or omission on the part of the Customer, its employees or agents or any third party.

12.4 Goods, other than defective Goods returned under Conditions 12.1 or 12.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier's sole discretion and without any obligation on the part of the Supplier.

12.5 Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

12.6 The Customer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer's failure to comply with this condition.

13. Right to Return Faulty Goods

13.1 If the Customer receives faulty/damaged Goods purchased from the Seller, the Customer may return the Goods to the Seller and obtain an exchange of the identical or similar Goods, provided:-

1. The Customer informs the Seller of the decision to return and exchange the faulty good within 3 Calendar Days of delivery of the Goods; and

2. The Goods are returned in their original condition; and

3. The Goods are returned in accordance with condition 13.3 below.

13.2 While the Goods remain in the Seller’s possession the Seller is under a duty to ensure that the Goods are kept safe and secure.

13.3 Where the Goods are custom made to the order of the Buyer, the Buyer shall not be entitled to return the Goods unless the Goods are faulty. The statutory rights of the Buyer are unaffected.

13.4. Delivery of the Goods with 'Lifetime Access' is applicable only whilst the Supplier's business is a going concern. No refunds will be available for the Goods with 'Lifetime Access' should Supplier's business be no longer in operation. Verwick does not represent or warrant that Supplier's Services and Goods will be available at all times.

14. Customer's Default

14.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:

1. cancel the order or suspend any further deliveries of Goods and Services to the Customer;

2. appropriate any payment made by the Customer to such of the Goods and Services (or the goods and services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer);

14.2 This condition applies if:

1. the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or

2. the Customer becomes subject to an administration order or makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or

3. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or

4. the Customer ceases, or threatens to cease, to carry on business; or 5 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

14.3 If this Condition applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

15. Liability

15.1 If the Supplier fails to perform the service with care and skill it will carry out remedial action at no extra cost to the Customer. If no remedial action is possible the Supplier will pay for the damage caused.

15.2 The Customer shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agent or employees.

15.3 Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.

16. Communications

16.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail (email):

1 (in the case of communications to the Supplier) to its registered office or such changed address as shall be notified to the Customer by the Supplier; or

2 (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to the Supplier by the Customer.

16.2 Communications shall be deemed to have been received:

1 if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or

2 if delivered by hand, on the day of delivery; or

3 if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.

16.3 Communications addressed to the Supplier shall be marked for the attention of Verwick Online Education Ltd

17. Force Majeure

17.1 In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 17.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

17.2 Sub-clause 17.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.

17.3 Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.

17.4 If and when the period of such incapacity exceeds 2 months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.

18. Waiver

No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

19. Severance

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

20. Third Party Rights

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

21. Governing Law and Jurisdiction

The laws of England and Wales shall govern these terms and conditions and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.

III WEBSITE B2C SALES OF SERVICE TERMS AND CONDITIONS BACKGROUND:

This agreement applies as between you, the User of this Web Site and Verwick Online Education Ltd, the owner (s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon us having accepted your payment.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Verwick” means Verwick Online Education Ltd., 57/63 Line Wall Road, Gibraltar;

“Service” means collectively any online facilities, tools, services or information that Verwick makes available through the Web Site either now or in the future;

“Services” means the services available to you through this Web Site, specifically Training & Consultancy;

“Payment Information” means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information” means collectively any orders, invoices, and receipts or similar that may be in hard copy or electronic form;

“Premises” Means our place(s) of business located at 57/63 Line Wall Road, Gibraltar;

“System” means any online communications infrastructure that Verwick makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by Verwick and acting in the course of their employment; and

“Web Site” means the website that you are currently using www.lexvandam.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also do apply to customers procuring Services in the course of business.

4. Intellectual Property

1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Verwick, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Verwick.

5. Third Party Intellectual Property

1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Verwick or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.lexvandam.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Verwick. To find out more please contact us by email at [email protected]

9. Use of Communications Facilities

1. When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

2. You must not use obscene or vulgar language;

3. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

4. You must not submit Content that is intended to promote or incite violence;

5. It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

6. The means by which you identify yourself must not violate these terms of use or any applicable laws;

7. You must not impersonate other people, particularly employees and representatives of Verwick or our affiliates; and

8. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”. You acknowledge that Verwick Online Education Ltd reserves the right to monitor any and all communications made to us or using our System.

10. Accounts

1 In order to procure Services on this Web Site and to use the Forums, Chats, and Blogs or Similar facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:

1 all information you submit is accurate and truthful;

2 you have permission to submit Payment Information where permission may be required; and

3 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

4 It is explicitly forbidden to share your Account details, particularly your username and password. Verwick accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your Internet browser.

5 If anyone else uses your account details to access any products you have purchased then this will constitute a new sale by Verwick to you and you will be responsible for payment.

6 If you have reason to believe that another party without consent has obtained your Account details, you should contact Verwick immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Verwick accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information OR Verwick will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.

11. Termination and Cancellation

1 Either Verwick or you may terminate your Account. If Verwick terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

2 If Verwick terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

3 Verwick reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

4 If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.

5 If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.

12. Services, Pricing and Availability

1 Whilst every effort has been made to ensure that all descriptions of Services available from Verwick correspond to the actual Services, Verwick is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.

2 Where appropriate, you may be required to select the required Package or Service(s).

3 Verwick does not represent or warrant that such Services will be available. Availability indications may be provided on the Web Site. However, these may not take into account orders that have taken place during your visit to the website.

4 All pricing information on the Web Site is correct at the time of going online. Verwick reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.

5 In the event that prices are changed during the period between an order being placed for Services and Verwick processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price OR provision of Services shall commence as per your order and you will be charged the original price.

6 All prices on the Web Site do not include VAT.

7 Delivery of the Goods with Groupon Voucher Code is applicable only 240 days after redemption of the voucher code on our website. You are granted 240 days of access to the Goods you purchased once you redeem your voucher with us. Once this period expires, the Supplier closes access to the Goods.

13. Provision of Services

1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

2 Verwick shall use its best endeavours to provide the Services with reasonable skill and care.

3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.

4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Verwick will ensure that any necessary corrections to the Services provided are made within 7 working days.

5 Verwick reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

1 Any use or enjoyment that you may have already derived from the Services;

2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Verwick.

Such discretion to be exercised only within the confines of the law.

14. Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.

15. Disclaimers

1 Verwick makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

16. Changes to the Service and these Terms and Conditions

Verwick reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Verwick is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Verwick accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18. Limitation of Liability

1 To the maximum extent permitted by law, Verwick accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

2 Nothing in these Terms and Conditions excludes or restricts Verwick’s liability for death or personal injury resulting from any negligence or fraud on the part of Verwick.

3 Nothing in these Terms and Conditions excludes or restricts Verwick’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.

4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

19. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

21. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected] . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22. Law and Jurisdiction

These terms and conditions and the relationship between you and Verwick shall be governed by and construed in accordance with the Law of England and Wales and Verwick and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

IV PRIVACY POLICY BACKGROUND:

This Policy applies as between you, the User of this Web Site and Verwick Online Education Limited, the owner and provider of this Web Site and its connected persons and companies. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Account” Means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;

“Content” Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Cookie” Means, a small text file placed on your computer by Verwick Online Education Limited when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your Orders’, Shopping Basket etc, with Verwick Online Education Limited. Further details are contained in Clause 10 and Schedule 1 of this Policy;

“Data” Means, collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;

“Verwick” means Verwick Online Education Limited., 57/63 Line Wall Road, Gibraltar

“Service” Means collectively any online facilities, tools, services or information that Verwick Online Education Limited makes available through the Web Site either now or in the future;

“System” Means, any online communications infrastructure that Verwick Online Education Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” Means, any third party that accesses the Web Site and is not employed by Verwick Online Education Limited and acting in the course of their employment; and

“Web Site” Means, the website that you are currently using www.lexvandam.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Data Collected

Without limitation, any of the following Data may be collected:

1 Name;

2 Date of birth;

3 Gender;

4 Job title;

5 Profession;

6 Contact information such as email addresses and telephone numbers;

7 Demographic information such as postal and billing address, post code, preferences and interests;

8 Financial information such as credit / debit card numbers;

9 IP address (automatically collected);

10 Web browser type and version (automatically collected);

11 Operating system (automatically collected);

12 A list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected); and

13 Cookie information (see clause 11 below).

14 Education, CV, Employment Status, Work Preferences, Employment Details.

3. Our Use of Data

3.1 Data that you may submit through any communications System that we may provide may be retained for a longer period of up to 24 Months. Please note: Financial information such as credit/debit card numbers are not held or stored by us; your payments are processed on a secure payment gateway such as WorldPay.

3.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.

3.3 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998 and The General Data Protection Regulation (GDPR).

For more details on security, see clause 10 below.

3.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site. Specifically, Data may be used by us for the following reasons:

3.5 Internal record keeping;

3.6 Improvement of our products / services;

3.7 Transmission by email of promotional materials that may be of interest to you;

3.8 Contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Web Site.

4. Third Party Web Sites and Services

Verwick Online Education Ltd may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services DO NOT have access to certain personal Data provided by Users of this Web Site. Any Data used by such parties is used only to the extent required by them to perform the services that Verwick Online Education Limited requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998 and The General Data Protection Regulation (GDPR).

5. Marketing

5.1 We will use Your Data to keep you informed of our products and services by letter, telephone (including text messages), electronically (including e-mail) or otherwise only if we have your consent to receive marketing related information from us as from May 25, 2018 when GDPR comes into effect. Our Associated Companies will also be able to contact you in these ways about their products and services. We work adhering to the highest professional and ethical standards, and we respect your privacy, therefore, we can assure you we will not distribute marketing offers frequently. We would contact you only on the occasions when we have your consent and when we think this could really benefit you in relation to your educational goals or when we have a legitimate interest. When we have a legitimate business or commercial reason to use your information we would still only do it in a way that does not unfairly go against what is right and best for you and complying with regulations that apply to us.

You consent to the use of Your Data in this way, but if you do not wish to give us your consent please refer to 5.2.

5.2. You can tell us any time that you do not wish us or our Associated Companies to use Your Data for some or any type of profiling and marketing reasons. In order for you to be able to do so, we have several options for you:

1. you can use unsubscribe links which are available in all our email communication
2. we have simplified navigation on our website for you to locate this information, therefore, you can find “Consent” in the footer of our website at all times which also includes guidance how to withdraw your consent any time even after you have given it to us. You can change your preferences any time
3. if you are our customer already you can adjust your consent settings as soon as you log in and access “Manage Membership” section
4. you can also write to us at: Verwick Online Education Limited, 57/63 Line Wall Road, Gibraltar, or e-mail our Customer Services Team on [email protected] and we will assist you normally within 24-72 hours.

Please kindly note that if you withdraw your consent, we may not be able to provide certain products or services to you. However, if you are our existing customer and have purchased a product and service you will receive all necessary information about that product or service, there is nothing to worry about! For more please also refer to our Terms & Conditions.

5.3 www.lexvandam.com, may from time to time contain links to and from the websites of our partner networks, advertisers and Associated Companies. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit Your Data to these websites.

6. Changes of Business Ownership and Control

6.1 Verwick Online Education Ltd may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.

6.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your data deleted or withheld from the new owner or controller.

 7. Controlling Access to your Data

7.1 Wherever you are required to submit Data, you will be given options to review our privacy policies and should you not want to proceed you should immediately stop filling your details. This may include the following:

7.2 In relation to us using your Data for marketing purposes, refer to Section 5 (clause 5.1-3) outlined in this document.

7.3 You are entitled to notify us of any inaccuracies in any information we hold in relation to you as well as edit your personal information in your account area, section “Manage Membership’. In addition, you should inform us by email [email protected] if any of your personal details change, so that we can keep our records up to date.

7.4 You also have the right to object to certain ways that we use your personal data, or to ask us to delete, remove, or stop using your personal data if there is no need for us to keep it. This is known as the ‘right to object’ and ‘right to erasure’, or the ‘right to be forgotten’. Please refer to section 8 and 9.

7.5 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

8. Your Right to Withhold Information

8.1 You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.

8.2 You may restrict your internet browser’s use of Cookies. For more information see clause 11.4 below.

9. Accessing your own Data

9.1 You may access your Account at any time to view or amend the Data in the section “Manage Membership”. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change your consent at any time. For more information how to do it, please refer to the Section 5 (clause 5.2).

9.2 You have the legal right to ask for a copy of any of your personal data held by us (where such data is held). Please contact Us for more details at [email protected]. Any access request may be subject to a fee permitted by the Act.

10. Security

10.1 Data security is of great importance to Verwick Online Education Ltd and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.

10.2 Specifically we utilise the following systems: Personal Data Enrolment Forms, Payment Receipts (PDQ Payment Machine,) Card Detail Payment/Submission Forms, Bank Details for Direct Debit or Standing Order Service.

10.3 What happens if we send your data outside of the EEA?

We will only send your data outside of the European Economic Area (‘EEA’) to:

• Comply with a legal duty
• Provide our products and services

If we do transfer information outside of the EEA, we will make sure that it is protected in the same way as if it was being used in the EEA. To do this, we will use one or more of these safeguards:

• Only transfer it to a non-EEA country with privacy laws that give the same protection as the EEA, as deemed by the European Commission
• Ensure that a contract with the recipient is in place that means they must protect it to the same standards as the EEA

You can find out more about these safeguards on the European Commission Justice and Information Commissioner’s Office (ICO) websites.

11. Cookies

11.1 Verwick Online Education Ltd, may set and access Cookies on your computer. Cookies that may be placed on your computer are detailed in Schedule 1 to this Policy.

11.2 A Cookie is a small file that resides on your computer’s hard drive and often contains an anonymous unique identifier and is accessible only by the web site that placed it there, not any other sites.

11.3 You may delete Cookies; however, you may lose any information that enables you to access the Web Site more quickly.

11.4 You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.

12. Summary of Your Rights under GDPR

12.1 the right to request access to, deletion of or correction of, your personal data held by Us;
12.2 the right to complain to a supervisory authority;
12.3 be informed of what data processing is taking place;
12.4 the right to restrict processing;
12.5 the right to data portability;
12.6 object to processing of your personal data;
12.7 rights with respect to automated decision-making and profiling (see section 14 below).
 

To enforce any of the foregoing rights or if you have any other questions about Our Site or this Privacy Policy, please contact Us using the details set out in section 14 below.

13. Changes to this Policy

Verwick Online Education Ltd reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of the Web Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

14. Contact

If you have any questions, or wish to make a complaint, please contact us at Verwick Online Education Limited, 57/63 Line Wall Road, Gibraltar, or e-mail our Customer Services Team on [email protected] and we will do our best to answer your questions or otherwise resolve the matter to your convenience.

V DATA PROTECTION POLICY

1. Introduction

This document sets out the obligations of Verwick Online Education Ltd (“the Company”) with regard to data protection and the rights of people with whom it works in respect of their personal data under the Data Protection Act 1998 (“the Act”) and and The General Data Protection Regulation (GDPR) . This Policy shall set out procedures that are to be followed when dealing with personal data. The procedures set out herein must be followed by the Company, its employees, contractors, agents, consultants, partners or other parties working on behalf of the Company. The Company views the correct and lawful handling of personal data as key to its success and dealings with third parties. The Company shall ensure that it handles all personal data correctly and lawfully.

2. The Data Protection Principles

This Policy aims to ensure compliance with the Act and GDPR.

2.1. GDPR sets out eight principles with which any party handling personal data must comply. All personal data must be:

“(a) processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’);

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (‘purpose limitation’);

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals (‘storage limitation’);

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)

g) “The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).”

These principles should lie at the heart of our approach to processing personal data.

3. Rights of Data Subjects

Under the GDPR, you have:
3.1 the right to request access to, deletion of or correction of, your personal data held by Us;
3.2 the right to complain to a supervisory authority;
3.3 be informed of what data processing is taking place;
3.4 the right to restrict processing;
3.5 the right to data portability;
3.6 object to processing of your personal data;
3.7 rights with respect to automated decision-making and profiling (see section 14 below).
 

To enforce any of the foregoing rights or if you have any other questions about our Terms & Condition or Our Site, please contact us at Verwick Online Education Limited, 57/63 Line Wall Road, Gibraltar, or e-mail our Customer Services Team on [email protected]. We will do our best to answer your questions or otherwise resolve the matter to your convenience.

4. Personal Data

Personal data is defined by the Act as data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

The Act also defines “sensitive personal data” as personal data relating to the racial or ethnic origin of the data subject; their political opinions; their religious (or similar) beliefs; trade union membership; their physical or mental health condition; their sexual life; the commission or alleged commission by them of any offence; or any proceedings for any offence committed or alleged to have been committed by them, the disposal of such proceedings or the sentence of any court in such proceedings.

The Company only holds personal data which are directly relevant to its dealings with a given data subject. That data will be held and processed in accordance with the data protection principles and with this Policy. The following data may be collected, held and processed by the Company from time to time:

o Full Name

o Full Residential Address

o Personal Contact Number

o Nationality

o Age

o Gender

o Visa Status (where applicable)

o Debit Card/Credit Card

o Account Details for Direct Debit/Subscription/Payment Plan

o Qualifications/Achievements

o Employment Status

o Employment Details e.g. Employer Business Address, Employer Name & Position/ Title

o Commission or alleged commission of any offence

o Sentence of any court proceedings

5. Processing Personal Data

Any and all personal data collected by the Company (including that detailed in Section 4 of this Policy) is collected in order to ensure that the Company can facilitate efficient transactions with third parties including, but not limited to, its customers, partners, associates and affiliates and efficiently manage its employees, contractors, agents and consultants. Personal data shall also be used by the Company in meeting any and all relevant obligations imposed by law. Personal data may be disclosed within the Company. Personal data may be passed from one department to another in accordance with the data protection principles and this Policy. Under no circumstances will personal data be passed to any department or any individual within the Company that does not reasonably require access to that personal data with respect to the purpose(s) for which it was collected and is being processed.

The Company shall ensure that:

o All personal data collected and processed for and on behalf of the Company by any party is collected and processed fairly and lawfully;

o Data subjects are made fully aware of the reasons for the collection of personal data and are given details of the purpose for which the data will be used;

o Personal data is only collected to the extent that is necessary to fulfil the stated purpose(s);

o All personal data is accurate at the time of collection and kept accurate and up-to-date while it is being held and / or processed;

o No personal data is held for any longer than necessary in light of the stated purpose (s);

o All personal data is held in a safe and secure manner, taking all appropriate technical and organisational measures to protect the data;

o All personal data is transferred using secure means, electronically or otherwise;

o No personal data is transferred outside of the UK or EEA (as appropriate) without first ensuring that appropriate safeguards are in place in the destination country or territory; and

o All data subjects can exercise their rights set out above in Section 3 and more fully in the Act and GDPR.

6. Data Protection Procedures

The Company shall ensure that all of its employees, contractors, agents, consultants, partners or other parties working on behalf of the Company comply with the following when processing and / or transmitting personal data:

o All emails containing personal data must be encrypted;

o Personal data may be transmitted over secure networks only – transmission over unsecured networks is not permitted in any circumstances;

o Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;

o Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;

o Where Personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;

o Where Personal data is to be transferred in hardcopy form it should be passed directly to the recipient. Using an intermediary is not permitted;

o All hardcopies of personal data should be stored securely in a locked box, drawer, cabinet or similar;

o All electronic copies of personal data should be stored securely using passwords and suitable data encryption, where possible on a drive or server which cannot be accessed via the internet; and

o All passwords used to protect personal data should be changed regularly and should not use words or phrases which can be easily guessed or otherwise compromised.

7. Organisational Measures

The Company shall ensure that the following measures are taken with respect to the collection, holding and processing of personal data:

o A designated officer (“the Designated Officer”) within the Company shall be appointed with the specific responsibility of overseeing data protection and ensuring compliance with the Act.

o All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company are made fully aware of both their individual responsibilities and the Company’s responsibilities under the Act and shall be furnished with a copy of this Policy.

o All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be appropriately trained to do so.

o All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be appropriately supervised.

o Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed.

o The Performance of those employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed.

o All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the Act and this Policy by contract. Failure by any employee to comply with the principles or this Policy shall constitute a disciplinary offence. Failure by any contractor, agent, consultant, partner or other party to comply with the principles or this Policy shall constitute a breach of contract. In all cases, failure to comply with the principles or this Policy may also constitute a criminal offence under the Act.

o All contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the Act.

o Where any contractor, agent, consultant, partner or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

o The company has Personal Data Breach Mitigation Procedure and the Designated Officer would send breach notifications to the supervisory authority within 72 hours of becoming aware of the breach (GDPR Article 33). When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the company will communicate the personal data breach to the data subject without undue delay.

8. Access by Data Subjects

A data subject may make a subject access request (“SAR”) at any time to see the information which the Company holds about them.

o SARs must be made in writing, accompanied by the correct fee.

o The Company currently requires a fee of £10 (the statutory maximum) with all SARs. Upon receipt of a SAR the Company shall have a maximum period of 40 days within which to respond. The following information will be provided to the data subject:

o Whether or not the Company holds any personal data on the data subject;

o A description of any personal data held on the data subject;

o Details of what that personal data is used for;

o Details of any third-party organisations that personal data is passed to; and

o Details of any technical terminology or codes.

9. Notification to the Information Commissioner’s Office

As a data controller, the Company is required to notify the Information Commissioner’s Office that it is processing personal data. The Company is registered in the register of data controllers. Data controllers must renew their notification with the Information Commissioner’s Office on an annual basis. Failure to notify constitutes a criminal offence. Any changes to the register must be notified to the Information Commissioner’s Office within 28 days of taking place. The Designated Officer shall be responsible for notifying and updating the Information Commissioner’s Office.

10. Implementation of Policy

This Policy shall be deemed effective as of 09/09/2010. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

VI FORUMS / COMMUNITY WEBSITE DISCLAIMER

1 Verwick Online Education Ltd makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this website.

2 Verwick Online Education Ltd is not responsible for any material created or submitted by users of this website. No material created by users is endorsed or otherwise supported by www.lexvandam.com. Verwick Online Education Ltd assumes no responsibility for any offence, loss or other harm resulting from material created or submitted by users.

3 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.

4 Verwick Online Education Ltd makes no representation or warranty that the content of this website is suitable for use in personal or commercial situations or that it constitutes accurate data and / or advice on which personal or business decisions can be based.

5 Whilst every effort has been made to ensure that all descriptions of services available from Verwick Online Education Ltd correspond to the actual services available, Verwick Online Education Ltd is not responsible for any variations from these descriptions.

VII WEBSITE EARNINGS DISCLAIMER

1 Verwick Online Education Ltd makes no warranty or representation that this website or the service(s) provided thereby will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all computer systems, or that they will be secure.

2 Whilst every reasonable endeavour has been made to ensure that all information provided on this website will be accurate and up to date, Verwick Investments Limited makes no warranty or representation that this is the case.

3 Verwick Online Education Ltd gives no guarantee of any specific results from the use of this website or the service(s) provided thereby. Verwick Investments Limited, neither warrants, represents nor implies that you will derive any benefit, financial or otherwise, from your use of this website or the service(s) provided thereby.

4 Results derived from the use of this website or the service(s) provided thereby will vary from one user to another and will depend upon a user’s own input, efforts, circumstances, knowledge and experience.

5 No guarantee is given of successful results from the use of this website or the service(s) provided thereby. This website and the service(s) provided thereby merely provide the possibility that users may experience some benefit if the information and facilities provided are applied correctly.

6 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.

7 Commercial use of the information on this website is not permitted, and Verwick Online Education Ltd makes no representation or warranty that the content of this website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

8 Whilst every reasonable effort has been made to ensure that any and all descriptions of services available from Verwick Online Education Ltd correspond to the actual services available, Verwick Online Education Ltd is not responsible for any variations from these descriptions.

VIII. TERMS & CONDITIONS OF THE ACADEMY'S AFFILIATE PARTNERS

This Affiliate Agreement (“Agreement”) contains the complete Terms and Conditions between Affiliate (“the Affiliate”) and Verwick Online Education Limited of 57/63 line wall road, Gibraltar; together (“the Parties”).

1. General

1.1 In completing the Affiliate Sign-up Form, and, subsequently marketing and referring new Members to Verwick Online Education Limited, affiliate agrees to be bound by all the Terms and Conditions set out in this Agreement.

1.2 The Affiliate must provide true and complete information to us at all times; including but not limited to, Affiliate’s contact information, payment instructions, nationality, residency, location, and any other information that Verwick Online Education Limited may request.

1.3 On Affiliate’s acceptance of this Agreement by completing the Sign-up Form, Verwick Online Education Limited will automatically become your counter-party to this Agreement.

2. Marketing Code and Rules ("the Code")

2.1 Any marketing activities done by Affiliate for Verwick Online Education Limited must be in accordance with this document and you acknowledge our right to terminate, change, modify and /or withdraw any type of marketing activity if in, our reasonable opinion, the marketing activity does not comply with the Code, any applicable law and/or the Terms and Conditions. If the situation is not rectified to our reasonable satisfaction within the given time period, Verwick Online Education Limited shall be entitled to terminate this Agreement without further notice.

2.2 The Code shall not be seen or understood as an exhaustive set of rules; Affiliate is obliged to market the Verwick Online Education Limited site in the light of any other set of rules, applicable laws and instructions applicable to the specific marketing situation.

2.3 Affiliate shall not publish, advertise and/or promote in any manner whatsoever, through any channel, medium and/or activities that:

• encourages anyone to contravene any law; or

• exceeds the limits of decency; or

2.4 Affiliate shall when publishing intellectual property such as trademarks, marks, texts, content and logos and/or pictures or photographs reproducing or visualizing intellectual property or individuals in any manner whatsoever, through any medium and in any place secure and assure that you have obtained the permission to use such material from the owner of the intellectual property or the individual.

2.5 Affiliate has no right or authority to assume or to create any contractual obligation or responsibility for and on behalf of Verwick Online Education Limited.

2.6. Affiliate shall consult with Verwick Online Education Limited before the launch of any marketing activity if in any doubt about how the marketing activity acts in accordance with to the Code.

2.7 Affiliate may market to and refer potential Members to Verwick Online Education Limited at Affiliate’s own expense. Affiliate will be solely responsible for the costs arising from the preparation of content and Affiliate’s marketing activities.

2.8 Affiliate is only allowed to advertise Verwick Online Education Limited through approved marketing activities. The use of spam e-mails or advertising on adult web sites is strictly forbidden. If Verwick Online Education Limited finds that Affiliate has participated in such activities, Verwick Online Education Limited reserves the right to close Affiliate’s account immediately and withhold all earnings and remaining funds on account(s).

3. Affiliate Commission

3.1 Commission payable to the Affiliate is 30% of attributable Net Revenue.

3.2 Verwick Online Education Limited reserves the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any of our offers or promotions whether with or without the affiliates knowledge.

4. Tracking

4.1 All New Members that use an Affiliate unique tracking code will automatically be tagged to the Affiliate.

4.2 A "New Member" is defined as a new user without a prior account with www.lexvandam.com and no previous record of their email address, or other details that Verwick Online Education Limited deem to show connection between accounts, that opens a new user account. If the beneficial owners of Affiliate or their relatives become New Members, Affiliate will not be eligible to receive the relevant commission. Verwick Online Education Limited measurements and calculations in relation to the number of New Members and the relevant Revenue figures shall be the sole and authoritative tool, and shall not be open to review or appeal.

4.3 Verwick Online Education Limited will track and report Member activity for purposes of calculating Affiliate’s Affiliate commission. Affiliate will be provided a web interface allowing Affiliate to follow sales generated from the Affiliate’s traffic activity. Normally all the data will be updated at least every day.

5. Settlement

5.1 All commissions are paid on a quarterly basis to the Affiliate’s designated bank account, no later than 30 days after the end of each calendar month. However, if the balance of the Commission due to the Affiliate in respect of any quarterly report is less than £200, such Commission will be carried over into subsequent months until the thresholds have been reached.

5.2 Verwick Online Education Limited reserves the right to freeze pay-outs if investigations regarding fraud or abuse needs to be conducted before the commission can be determined.

5.3 If paid Charge Backs exceed the amounts paid to the Affiliate, the Net Losses will be carried forward to the next month.

5.4 If the Affiliate disagrees with the monthly settlement report or amount payable, no payment for such amount should be accepted and a written notice of the disputed amount should immediately be sent to Verwick Online Education Limited. Dispute notices must be received within sixty (60) days of the end of each period for which payment is made, or the Affiliate’s right to dispute such report or payment will be deemed waived.

5.5 The Affiliate bears the sole responsibility to report revenues and pay taxes (if applicable) to local authorities. Verwick Online Education Limited takes no responsibility whatsoever toward local authorities.

6. Term and Termination

6.1 This Agreement will take effect when Affiliate completes the Affiliate Sign-up Form, and will continue until terminated by either Party.

6.2 This Agreement is not limited in time and is extended for as long as both Parties fulfill their obligations and neither of the Parties has terminated the Agreement.

6.3 Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Such notice shall be may made in writing and can be sent via email to [email protected]

6.4 This Agreement can be terminated by Verwick Online Education Limited without any notice if Affiliate ceases promoting Verwick Online Education Limited services.

6.5 If this Agreement is terminated Affiliate should immediately remove all links, marks and logos, etc., from Affiliate’s website.

7. Rights and Obligations

7.1 Members tagged to the Affiliate will remain tagged to the Affiliate as long as this Agreement is valid unless otherwise agreed between the Parties. If the ownership of Verwick Online Education Limited changes, the obligations under this Agreement shall be honoured by the new owners.

7.2 Verwick Online Education Limited reserves the right to transfer its rights and obligations according to this Agreement to another party, after notice to the Affiliate. Such notice will be considered given after the Terms and Conditions for Affiliates have been updated on www.lexvandam.com or written notice given to the Affiliate.

7.3 This Agreement and the rights and obligations hereunder may not be assigned by you without Verwick Online Education Limited written consent.

7.4 All information, including but not limited to email addresses, customer personal details, business and financial data and information, lists of customers shall be treated confidentially. These details must not be used for the Affiliate's own commercial or other purposes, nor communicated to any third party for any reason.

8. Liabilities

8.1 We do not guarantee that our system, network, software or hardware will be error free or operated without disturbances.

8.2 The obligations of Verwick Online Education Limited under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of Verwick Online Education Limited or any related company or partner. Any liability arising under this Agreement will be satisfied solely from the revenues generated hereunder. Liability of Verwick Online Education Limited is limited to direct damages, and in no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind.

8.3 You acknowledge that you have read this Agreement and agree to all its terms and conditions.

9. Miscellaneous

9.1 Verwick Online Education Limited reserves the right to modify any of the terms of this Agreement at any time, in our sole discretion, by either emailing you a change notice or by posting the new version of the Agreement on www.lexvandam.com. It is your responsibility to visit the website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following posting or notice of change will be deemed binding acceptance of the modification.

9.2 All notices pertaining to this Agreement shall be given to Verwick Online Education Limited in writing by email to [email protected] Notices to the Affiliate will be sent to you at the email address provided in your Affiliate Account.

9.3 The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the Parties hereto will be determined in accordance with the laws of the Gibraltar.

BY SUBMITTING THE SIGN-UP FORM YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.