Terms and Conditions & Disclaimer
The Lex van Dam Trading Academy is the trading name for Verwick Online Education Limited registered in Gibraltar. Company Registration Number: 103734 Companies House, Gibraltar.
Address: Verwick Online Education Limited, 57/63 Line Wall Road, PO Box 199.
By purchasing a service on our website or subscribing to our newsletter, you acknowledge that you have read, understood and agree to abide to the full Terms and Conditions as outlined below.
Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon us having accepted your payment.
In particular please pay attention to the following information, as described in several clauses of our Terms and Conditions below:
DISCLAIMER: Our service is intended for educational and informational purposes only and should not be considered investment advice. Do not make any decisions based on the articles and material presented on www.lexvandam.com. We cannot be held responsible for your trading results. (Clause 6)
The delivery of the Online Course with 'Lifetime Access' is applicable only whilst our business is a going concern. No refunds will be available for the Online Course with 'Lifetime Access' should our business be no longer in operation. The LVDTA does not represent or warrant that our Services and Online Course will be available at all times. (Clause 13)
To process payments, the Web Site uses a third party secure payment gateway WorldPay. We do not store your payment data. Payment data is processed by WorldPay. For more information, please refer to http://www.worldpay.com/shopper. (Clause 11)
Refund Policy - you can cancel your purchase within 14 days of your contract with us if you do NOT use the "Product". Please note that a "Product" as being used is defined the moment you log into your account on our website and start viewing the Online Course videos you have purchased. If you have been viewing the Online Course videos for more than 5 minutes, you shall have no right to cancel your order. This is a video based product, therefore, strict rules apply. If you have not started to view a Product and like to receive a refund, please email us within 14 days of your purchase at [email protected] (Clause 11)
It is explicitly forbidden to share your Account details, particularly your username and password. LVDTA 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. (Clause 18)
If anyone else uses your account details to access any products you have purchased then this will constitute a new sale by LVDTA to you and you will be responsible for payment. (Clause 18)
If you have reason to believe that another party without consent has obtained your Account details, you should contact LVDTA 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, LVDTA accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information OR LVDTA 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. (Clause 18)
Please do not hesitate to contact us with any questions you may have. Happy learning!
TERMS AND CONDITIONS
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.
1.1 These terms and conditions (the Terms and Conditions) shall apply to the provision of the Online Course Training by the LVDTA to the Customer.
2. Definitions and Interpretation
2.1 In these Terms and Conditions the following terms shall have the following meanings:
“Account” means your personal login on this website to access the product after you have purchased it from us; account consists of the product access if your payment was successful and some of your personal information by which we can identify you and which you will use to access the product and / or any communications systems on the Web Site. This does not include your payment information. We do not collect or store your payment information.
"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;
"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;
“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;
“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;
“the Goods” means the Online Course (including the videos, workbooks and online exams) which the Supplier is to supply in accordance with these Conditions;
“LVDTA” means the Lex van Dam Trading Academy on www.lexvandam.com with the registered address at Verwick Online Education Limited, 57/63 Line Wall Road, PO Box 199.
“Purchase Information” means collectively any orders, invoices, and receipts or similar that may be in hard copy or electronic form;
“Service” means collectively any online facilities, tools, services or information that the LVDTA makes available through the Web Site either now or in the future;
“System” means, any online communications infrastructure that the LVDTA 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;
“the Supplier” means the LVDTA.
“User” / “Users” means, any third party that accesses the Web Site and is not employed by the LVDTA and acting in the course of their employment;
“Web Site” www.lexvandam.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.
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. 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.
4. Business Customers
These Terms and Conditions also do apply to customers procuring Services in the course of business.
6.1 Your membership on this Web Site and the use of this Web Site is for educational use only. Any opinions, news, research, analysis, prices, or other information contained on this website or any other material provided by the LVDTA and associated websites or members is provided as general market commentary and does not constitute investment advice.
6.2 By viewing any material or using the information within this site you agree that this is general education material and you will not hold any person or entity responsible for loss or damages resulting from the content or general information provided here by the LVDTA, its employees, directors or fellow members. For the avoidance of any doubt, the LVDTA and any associated companies, or employees, do not hold themselves out as Foreign Exchange Advisors (FXA), Commodity Trading Advisors (“CTAs”) or any other type of accredited investment advisors. Given this representation, all information and material provided by LVDTA and any associated companies, or employees, is for educational purposes only and should not be considered specific investment advice.
6.3 High 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 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.
6.4 The LVDTA does not provide any signal services either; you are entering an agreement to receive only education from us. This is not a SIGNAL group. Our service is intended for educational and informational purposes only and should not be considered investment advice. Do not make any decisions based on the articles and material presented on www.lexvandam.com. We cannot be held responsible for your trading results.
6.5 The LVDTA 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.
6.6 Commercial use of the Content of this Web Site is forbidden. Any such use constitutes a breach of these Terms and Conditions and LVDTA 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.
6.7 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
7. Basis of Sale and Service
These Terms and Conditions shall come into effect when either:
7.1 Customer completes the Online Booking Process; or
7.2 Upon receipt by LVDTA of an electronic or hard copy of the Proposal signed by the Customer, at which point these Terms and Conditions shall be deemed incorporated into the Proposal.
7.3 Any descriptive matter or advertising issued by LVDTA, and any descriptions contained in LVDTA's catalogues, brochures or on our website, are issued or published for the sole purpose of giving an approximate idea of the online course described in them. They shall not form part of these Terms and Conditions nor have any contractual force.
7.4 These Terms and Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
7.5 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.
7.6 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.
7.7 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.
8. The Goods
8.1 No order submitted by the Customer through this Web Site shall be deemed to be accepted and delivered to the Customer by the Supplier unless and until the Supplier has received a full payment from the Customer for this order.
8.2 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.
8.3 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.
9. The Services
9.1 With effect from the commencement date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment, provide the services expressly identified in the specification schedule/accepted order otherwise agreed under this agreement.
9.2 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. However, the Supplier 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.
9.3 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.
9.4 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
9.5 Whilst every effort has been made to ensure that all descriptions of Services available from the LVDTA correspond to the actual Services, the LVDTA 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 12.6 for incorrect Services.
10.1 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.
10.2 Where the Supplier has quoted a price for the Goods other than in accordance with the Supplier's published price list on the Web Site the price quoted shall be valid for 1 day only or such lesser time as the Supplier may specify.
10.3 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.
10.4 In the event that prices are changed during the period between an order being placed for Services and LVDTA 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.
10.5 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 Supplier's charges.
10.6 The price displayed on the website is inclusive 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.
10.7 All pricing information on the Web Site is correct at the time of going online. The LVDTA 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.
11.1 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.
11.2 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.
11.3 All payments shall be made to the Supplier as indicated on the form of acceptance or invoice issued by the Supplier.
11.4 For all enquiries about your order, such as delivery, cancellation, please email us at [email protected] quoting your agreement ID.
11.5 To process payments, the Web Site uses a third party secure payment gateway WorldPay. We do not store your payment data. Payment data is processed by WorldPay. For more information, please refer to Payment data is processed by WorldPay. For more information, please refer to http://www.worldpay.com/shopper.
11.6 Refund Policy - you can cancel your purchase within 14 days of your contract with us if you do NOT use the "Product". Please note that a "Product" as being used is defined the moment you log into your account on our website and start viewing the Online Course videos you have purchased. If you have been viewing the Online Course videos for more than 5 minutes, you shall have no right to cancel your order. This is a video based product, therefore, strict rules apply. If you have not started to view a Product and like to receive a refund, please email us within 14 days of your purchase at [email protected]
11.7 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.
11.8 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.
12. Delivery and Performance
12.1 Delivery of the Goods shall be made by the Supplier delivering the Goods within 24-48 hours of the purchase. Normally the Goods are automatically assigned to the Customer upon successful purchase on the Web Site. Should automation fail, the Supplier will activate access to the Goods manually within 24-48 hours of the purchase (except the weekends or public holiday) or the Supplier will inform the Customer of the next nearest date the Supplier is able to deliver the Goods on.
12.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing.
12.3 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
12.4 The LVDTA shall use its best endeavours to provide the Services with reasonable skill and care.
12.5 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
12.6 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. The LVDTA will ensure that any necessary corrections to the Services provided are made within 14 working days.
12.7 The LVDTA reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 12. 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 LVDTA.
Such discretion to be exercised only within the confines of the law.
13. Non-Delivery of Goods and Services
13.1 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: the Supplier delivers the Goods and Services at any time thereafter. The Supplier shall have no liability in respect of such late delivery.
13.2. 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. The LVDTA does not represent or warrant that Supplier's Services and Goods will be available at all times.
14. Risk and Retention of Title
14.1 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.
14.2 Sub-clause 14.2 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.
14.3 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.
14.4 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.
14.5 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.
14.6 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.
15.1 The Supplier with of all its rights and obligations under this Agreement may assign, transfer, charge, sub-contract the Contract or any part of it to any person, firm or company.
15.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Supplier.
16. Right to Return Defective Goods
16.1 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.
16.2 Goods 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.
16.3 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.
16.4 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.
16.5 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. The LVDTA does not represent or warrant that Supplier's Services and Goods will be available at all times.
17. Customer's Default
17.1 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);
17.2 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.
17.3 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.
18.1 In order to procure Services on this Web Site and to use the Goods the Customer purchases, Forums, Chats, and Blogs or Similar facilities you are required to create an Account which will contain certain personal details which may vary based upon your use of the Web Site. However, we never store your payment information. The payments are processed by the secure payment gateway WorldPay. 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 to WorldPay where permission may be required; and
3. you will keep this information accurate and up-to-date.
18.2 Your creation of an Account is further affirmation of your representation and warranty.
18.3 It is explicitly forbidden to share your Account details, particularly your username and password. LVDTA 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.
18.4 If anyone else uses your account details to access any products you have purchased then this will constitute a new sale by LVDTA to you and you will be responsible for payment.
18.5 If you have reason to believe that another party without consent has obtained your Account details, you should contact the LVDTA 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, LVDTA accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information OR LVDTA 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.
19. Termination and Cancellation
19.1 Either the LVDTA or you may terminate your Account. If the LVDTA 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.
19.2 If the LVDTA terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
19.3 the LVDTA reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
19.4 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.
19.5 If you terminate your Account, the LVDTA will issue no refund for the order you placed with us.
20. Use of Communications Facilities
20.1 When using the Forums, Chats, Blogs, and similar, or any other System on the Web Site you acknowledge that the LVDTA reserves the right to monitor any and all communications made to us or using our System.
20.2 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, such as your name, username, email address, however, we never ask for credit card details. Please be aware of online fraud and take a note that our team would never ask you to send us your credit card details.
20.3 By continuing to use this Web Site you represent and warrant that: any information you submit is accurate and truthful and you will keep this information accurate and up-to-date.
20.4 All communications between the parties about this Contract shall be in writing and sent by pre-paid first class post or electronic mail (email) to [email protected]
20.5 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 electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
20.6 Communications addressed to the Supplier shall be marked for the attention of the Verwick Online Education Limited.
21. Limitation of Liability
21.1 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 Customer, or its agent, or employees).
21.2 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.
21.3 To the maximum extent permitted by law, the LVDTA 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 (including misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising). Users should be aware that they use the Web Site and its Content at their own risk.
21.4 Nothing in these Terms and Conditions excludes or restricts LVDTA’s liability for death or personal injury resulting from any negligence or fraud on the part of the LVDTA.
21.5 Subject to clause 21.4 above, the LVDTA’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
21.6 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.
21.7 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
21.8 This clause 21 shall survive termination of the Agreement.
22. Force Majeure
22.1 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.
22.2 Sub-clause 22.2 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.
22.3 The LVDTA shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of LVDTA or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
22.4 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.
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.
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.
25. 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.
26. Changes to the Service and these Terms and Conditions
The LVDTA 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 the LVDTA 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.
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.
27. 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. LVDTA 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.
28. Intellectual Property
28.1. 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 the LVDTA, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable Gibraltar and International intellectual property, and other laws.
28.2. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for as specified in Clause 30 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 the LVDTA. 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 the LVDTA;
29. 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 28 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 30 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.
30. 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.
31. 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 the LVDTA 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.
32. Links to this Web Site
If you wish to place a link to this Web Site on other sites, please contact us to receive our approval. To find out more about our affiliate partnership opportunities, please contact us by email at [email protected]
33. No Partnership or Agency
Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
All notices / communications shall be given to us either by post to our Premises (see address on top of this page) 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.
35. Law and Jurisdiction
These terms and conditions and the relationship between you and the LVDTA shall be governed by and construed in accordance with the Law of Gibraltar and the LVDTA and you agree to submit to the exclusive jurisdiction of the Courts of Gibraltar.