Terms and Conditions for Voach
These terms and conditions (“Terms and Conditions”) apply between Voach Limited (“Voach”, “we”, “us” or “our”) and any user or purchaser of Voach’s goods, services, materials, programmes, websites and all features and content therein (“You” or “Your”) and relate to Your use, access or purchase of our goods, services, materials, programmes, websites and all features and content therein (our “Offerings”).
Intellectual Property Rights
- Except as expressly stated otherwise in these Terms and Conditions, all content, information, course materials, worksheets, workbooks, lessons, ideas, expression of ideas, text, graphics, icons, taglines, images, audio, video, messages, links, designs, trademarks, service marks, services and other materials in our Offerings (other than the images on this website, which are the property of third parties) (our “Content”) are the solely owned and provided by Voach, our affiliates or other relevant third parties where indicated.
- By using, accessing or purchasing any of our Offerings and agreeing to these Terms and Conditions, You acknowledge and agree that our Content is protected by copyright, trademarks, trade secret, database rights and all other intellectual property rights.
- Nothing contained in these Terms and Conditions, our Offerings or our Content, or Your use of our Offerings or our Content, shall be construed as granting or conferring to You or any third party, by implication, estoppel, or otherwise, any ownership rights, title, interest, license or other intellectual property rights to any of our Content without our prior written consent.
- You are prohibited from, in whole or in part, in any way whatsoever:
- reproducing, republishing, copying, changing, modifying, tweaking, decompiling, reverse engineering or sublicensing our Content;
- claiming any of our Content as Your own work or creation;
- re-sell, share, trade, transmit, or otherwise distribute our Content;
- making or storing any copies (digital or otherwise) of our Content;
- monitor our Content;
- using any of our Content or any related materials and/or communications in a way which is, or potentially is, unlawful, illegal, damaging or otherwise objectionable or in breach of any applicable law, regulation or governmental order; or
- causing, or potentially causing, any damage to our website or interferes with the use of this website from any other person.
- Any breach or attempted breach of this provision will be deemed to be act which causes us harm and we may, in our absolute discretion, seek damages and/or an injunction to remedy such breach or attempted breach.
- You may, on a limited, non-transferable, non-exclusive, revocable license, to access and use our Content if it in accordance with these Terms and Conditions and:
- it is for Your internal, personal use; and not for a non-commercial purpose; or
- You have obtained our prior written consent and You;
- do not, in any way, reproduce, republish, copy, change, modify, tweak, decompile, reverse engineer or sublicense our Content;
- clearly identify that such Content is the property of “Voach Limited” and marking any registered trademarks with ® or common law trademarks with ™; and
- provide all relevant links and references back to our web page where such Content is located.
- Any breach or attempted breach of this license will be deemed to be an infringement of this license which causes us harm and we may, in our absolute discretion, seek damages and/or an injunction to remedy such breach.
- You may make a request for our prior written consent to use, access or publish any of our Offerings or Content by contacting us via our Contact page
Third Party Providers
- Our Content may include various third party providers content, goods, services and applications (including from advertisers, sponsors or merchants) and, as such, may make their content, goods, services and applications available to You.
- Such third party providers may have their own terms and conditions and Your use and access to their content, products, services or applications will be governed by such terms and conditions.
- We don’t control third party providers, and we’re not liable for such third party providers content, goods, services and applications or for any transaction you may enter into with them, or for what they do. When using any content, goods, services and applications from your third party providers, your security is your responsibility.
- Additionally, our Content may, from time to time, contain links to other third party providers’ websites or their content.
- Unless expressly stated, the links to these websites and third party providers’ content, goods, services and applications therein are not our property or under our control. As such, Your use, access and purchase to any such third party websites and their content, goods, services and applications is at Your own risk without any representation or warranty by us, express or implied (including, but not limited to, any warrant of merchantability, fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality).
- The inclusion of such websites and such third party providers’ content, goods, services and applications in our Content does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such websites and we make no representations or warranties relating to such third party providers’ content, goods, services or applications.
- You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any content, goods, services and applications from such third party providers.
- We are not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
- We may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any third party providers content, goods, services and applications.
- We are not responsible for the content, goods, services and applications of such third party providers’ or their websites and have no liability to You for any and all form of loss or damage arising out of Your use and access of them, or our removal of them from our Offerings and Content.
Payments and Refunds
- The charges for our respective Offerings are published on our website.
- Once you have made a booking with us, we will send you an invoice for payment.
- Our charges are payable in full via bank transfer within one week after the issuance of our invoice and, in any case, no later than 48 hours prior to the time that we are scheduled to provide our Offering to You (unless otherwise agreed in writing between You and us). Where payment has not been received by us within such time period, we are in no way obliged to provide our Offering to You.
- We reserve the right to change our fees at any time.
- Any payments for an Offering which have been paid in advance are honoured even if our charges have risen between the point of booking and the time of us providing our Offering to You.
- All charges are exclusive of relevant national, state or local taxes.
- If you are purchasing any of our Offerings, You acknowledge and agree that:
- any information You supply in relation to Your payment and credit details are true and complete in all respects;
- any charges that You incur will be honored by your financial institution or payment provider;
- You will pay the charges incurred by You at the listed prices and all related national, state and local taxes thereto (including all indirect taxes, such as value-added tax or goods and services tax);
- You will pay any transaction fees and additional fees that may be applicable to Your purchase of our Offerings;
- You will pay any surcharge we may incur due to any dishonored payment by You.
- You may cancel an Offering at any time prior to the time that we are scheduled to provide our Offering to You. However please be aware that any cancellations within 48 hours of the schedule time of our Offering will be charged at 50% and any cancellations within 24 hours of the schedule time of our Offering will be charged at the full rate.
- We will not issue any refunds for an Offering once such Offering has commenced.
Compliance and Risk
- By Your use, access or purchase of our Offerings and Content (whether paid or not), You:
- agree to comply with any and all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use, access or purchase of our Content; and
- assume all risk of Your use, access or purchase of our Content and any action that You decide to take as a result of such Content provided to You.
- You hereby acknowledge and agree that our Content and Offerings are for general and informational purposes only and that nothing contained in our Content or Offerings constitute financial, investment, legal, medical and/or other professional advice and that no professional relationship of any kind is created between You and us. Additionally, You hereby agree that you will not make any financial, investment, legal, medical, and/or other decision based in whole or in part on anything contained in our Content or Offerings.
- You hereby acknowledge and agree that any information that we provide to You on a particular subject matter is not complete or exhaustive and is not intended to cover all relevant information of such subject matter, nor has it been evaluated, approved or verified by any professional or scientific body. Accordingly, You should always consult a relevant professional to determine the appropriateness of such information that we provide to You in respect of such subject matter which is relevant to Your particular situation.
- Any testimonial that an individual has provided to us and is presented in our Content is strictly the opinion of such person which is based upon their own experience and that individual results may vary.
Errors, Corrections and Changes
- We do not represent or warrant that our Content will be error-free, accurate, complete, suitable, up-to-date, secure free from viruses or other harmful components, or that we will correct any errors. All responsibility or liability for any damages caused by viruses or other harmful components attributed to our Content or Offerings is disclaimed.
- We are not liable for any inaccuracies, errors, reliance, problems, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of our Offerings or Content.
- In our sole discretion, we reserve the right at any time and without liability or notice to You, to make changes to the features or functionality of our Content or Offerings at any time.
- In our sole discretion, we reserve the right at any time and without liability or notice to You, to change, edit, suspend or remove any part (or the whole of) of the Content appearing on our website or our Offerings.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED ABOUT OUR CONTENT OR OFFERINGS AND OUR CONTENT AND OFFERINGS ARE PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION, COMPATIBILITY AND SATISFACTORY QUALITY).
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT WE PROVIDE YOU SHALL CREATE ANY WARRANTY.
- WE MAKE NO WARRANTY THAT OUR CONTENT OR OFFERINGS WILL BE TIMELY, MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS AND WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR CONTENT OR OUR OFFERING.
- YOU ACKNOWLEDGE AND AGREE THAT YOU OBTAIN OUR CONTENT IN ANY MANNER AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
- WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO ANY ERRORS IN OR OMISSIONS FROM OUR CONTENT AND OFFERINGS (INCLUDING, BUT NOT LIMITED TO, INACCURACIES AND TYPOGRAPHICAL ERRORS, THIRD PARTY COMMUNICATIONS, ANY THIRD PARTY PROVIDERS WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THIS WEBSITE (INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM), THE UNAVAILABILITY OF OUR CONTENT AND OFFERINGS, YOUR ACCESS AND USE OF OUR CONTENT AND OFFERINGS.
Limitation of liability
- We shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
- Your use of our website, Content or Offerings;
- the content contained on our website or our Offerings;
- any third party communications;
- any errors in or omissions from our Content or Offerings;
- any product liability issues to the extent that we are not involved with the manufacturer of the product giving rise to liability;
- the unavailability or interruption of our Content or Offerings; or
- any delay or failure in performance of our Content and Offerings.
- We, nor and of our affiliates and our and their directors, officers, employees and agents will be liable with respect to any claims arising out of or related to our Content, Offerings or these Terms and Conditions for:
- any indirect, consequential, special, incidental, exemplary or punitive damages;
- any business losses, such as loss of profits, income, revenue, anticipated savings, data, goodwill, commercial opportunities or other intangible losses;
- any loss of any kind related to your access, use of or inability to access or use any part or all of our Content or Offerings;
- any loss of any kind related to any unavailability, loss, corruption, or unauthorized access to any of Your information or data ;
- any conduct or content of any third party; or
- any third party providers website or their content, goods, services and applications.
- These limitations apply to any type of liability, whether warranty, contract, tort, negligence, strict liability or any other type of liability, even if we are aware or have been informed of the possibility of such damage.
- To the extent the foregoing limitation of liability is prohibited or fails its essential purpose, in no event shall the aggregate of our liability to You for all claims arising out of or related to our Content, Offerings or these Terms and Conditions shall not exceed £50.
- To the fullest extent permitted by law, You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any and all liabilities, losses, claims, damages, demands, fines, awards and expenses of any kind, including reasonable attorney’s fees, arising out of or related to your breach or attempted breach of these Terms and Conditions or use, access or purchase of our Offerings and Content.
- These Terms and Conditions are for the benefit of us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates.
- Each of these individuals or entities shall have the right to assert and enforce any provision of these Terms and Conditions directly against you on its own behalf.
- You acknowledge and agree that we will not be in breach of these Terms and Conditions, or liable to you, if there is any total or partial failure of us providing our Offerings to You as a result of any act, circumstance, event or matter beyond our reasonable control. This includes, but is not limited to, any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, strike, failure, delay or inability to communicate with third parties, failure of computer systems or any other reason beyond our reasonable control.
- These Terms and Conditions will remain in effect until any of our Offerings are terminated by either You or us. If You wish to terminate any of our Offerings, please contact us via our Contact page.
- If we are of the opinion that You have breached these Terms and Conditions, we may at our sole discretion immediately terminate Your use and access of our Offerings and Content without notice (including any block Your IP address from our website).
- Our rights under these Terms and Conditions shall survive any termination of these Terms and Conditions.
Law and Jurisdiction
- These Terms and Conditions, and any non-contractual obligations arising out of or in connection with these Terms and Conditions shall be governed by and construed in accordance English law.
- The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claims which may arise under or in connection with these Terms and Conditions (including non-contractual disputes or claims).
- By entering into these Terms and Conditions, You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation made by us.
- All rights not expressly written or granted in these Terms and Conditions are reserved by us.
- We reserve the right to investigate complaints or reported violations of these Terms and Conditions and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement, regulators, or other third parties and disclosing any information that we deem necessary or appropriate to such entities relating to your email address, usage history, IP addresses, traffic information and any similar information thereto.
- You must be at least 18 years of age to purchase, use, or access any of our Offerings and Content. By purchasing, using, or accessing any of our Offerings and Content and agreeing to these Terms and Conditions, You represent and warrant to us that You are at least 18 years of age. Any registration by, use of or access to our website by anyone under such age, is unauthorized, unlicensed and a breach of these Terms and Conditions.
- To the extent that any Content is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
- If any part of these Terms and Conditions is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
- Any failure on our part to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- You may not delegate, transfer or assign these Terms and Conditions or any of your rights or obligations herein without our prior written consent. We may delegate, transfer or assign these Terms and Conditions or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets in connection with our Offerings and Content.
We reserve the right to makes changes to our Terms and Conditions at any time. We will keep you informed of any updates to our Terms and Conditions by changing the “last updated” date at the bottom of these Terms and Conditions. Any changes to our Terms and Conditions will become effective immediately upon publication on our website, and You waive specific notice of any changes to our Terms and Conditions by continuing to use and access of our Offerings. We encourage You to review our Terms and Conditions often, referring to the date listed at the bottom. You are deemed to have accepted any changes to any revised Terms and Conditions by Your continued use of our Offerings after the revised Terms and Conditions are posted.
Last updated: 14 October 2020