Terms and conditions
Please read all these terms and conditions.
1.1 We are Virtually Fluent Ltd. a company registered in England and Wales under number 11482493 whose registered office is at Yeoman’s Well, Ripon, North-Yorkshire, HG4 3EP with email address firstname.lastname@example.org; telephone number +447792409437; (the Supplier or us or we).
2.1 These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Virtually Fluent Ltd., the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights and are the terms on which we sell all Service to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button and do not agree to be bound by these terms and conditions, you will not be able to complete your Order and should stop using the Website immediately.
2.2 You must be at least 18 years of age to purchase a Service on this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
3.1 User or Users means any third party that accesses the Website and is not either (i) employed by Virtually Fluent Ltd. and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Virtually Fluent Ltd. and accessing the Website in connection with the provision of such services;
3.2 Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
3.3 Contract means the legally-binding agreement between you and us for the supply of the Services;
3.4 Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
3.5 Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
3.6 Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
3.8 Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
3.9 Website means our website https://virtually-fluent.com on which the Services are advertised.
4.1 The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement.
4.2 In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
4.3 All Services which appear on the Website are subject to availability.
4.4 We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
5. Customer responsibilities
5.1 You must co-operate with us in all matters relating to the Services and provide us with all information required to perform the Services.
5.2 Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
6.1 When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
6.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
6.3 You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
6.4 We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
6.5 You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
6.7 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
7. Password and Security
7.1 When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
7.2 If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
8. Basis of Sale
8.1 The description of the Services in our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
8.2 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
8.3 A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract.
8.4 If, for any reason, an Order Confirmation has not been received within a reasonable time after making the Contract, it is the Consumerâ€™s responsibility to contact Virtually Fluent to receive a re-sent Order Confirmation. If no Order Confirmation has been received by the Consumer, no contract will be put into effect and the Consumer might find they do not have access to the Service on the website.
8.5 No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
8.6 We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business or teacher (who is not an employee of Virtually Fluent Ltd).
9. Fees and Payment
9.1 The fees (Fees) for the Services is that set out on the Website at the date the Order Confirmation is received. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
9.2 All prices shown on our website are GBP. If payment is made from a different currency, you may be charged an alternative price according to the exchange rate. All payment is taken via PayPal and all bank charges and exchange rates are the responsibility of PayPal. All prices are exclusive of VAT. Any currency conversion or bank charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to Virtually Fluent Ltd.
9.3 You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before or after delivery of the Services. All payment is taken via PayPal.
9.4 No financial information is collected by Virtually Fluent Ltd. Upon payment, the Consumer is automatically redirected to a PayPal pop-up. All financial information is provided to PayPal directly. Please see PayPal terms and conditions to see how any payment data is used.
9.5 Fees for online courses will be taken immediately and access to these purchased Services will be given upon the Consumerâ€™s receipt of an Order Confirmation.
9.5.1 If, for any reason, a payment made by the Consumer fails and the company do not receive the full funds set out in the Order Confirmation, we reserve the right to restrict Consumer access to our Services until we receive full funds.
9.6 Fees for an introduction class (description and definition as set out on our website) will be taken immediately and the Consumer will immediately enter a Contract with us upon receipt of the Order Confirmation.
9.7 Fees for a private English class as a silver learner (description and definition as set out on our website) will be taken immediately and the Consumer will immediately enter a Contract with us upon receipt of the Order Confirmation.
9.8 Fees for a private English class as a gold learner (description and definition as set out on our website) will be payable at the end of each calendar month. The fees will clearly be stated in an invoice sent to the Consumer via email and will be accessible under the Consumerâ€™s orders on their account on our website. It is the consumerâ€™s responsibility to check all information on this invoice is correct, including the fee payable to us. If, for any reason, the information is not correct, it is the Consumerâ€™s responsibility to contact us and inform us to remedy any possible mistake.
9.8.1 Virtually Fluent Ltd must receive funds in full for all private English classes as a gold learner within 15 full days of the date on the invoice. If this is not possible, it is the Userâ€™s responsibility to contact us to discuss options.
9.8.2 If changes have been made to an invoice after a Consumer has asked for a change of information, we must receive funds in full from the date of the most recent invoice.
9.8.3 If, after the payment period of 15 days from the date on the invoice, the funds have not been received in full by us, we will contact the Consumer to remind them of their overdue classes. We reserve the right to cancel any classes previously booked and can offer this booking time to other Consumers.
9.8.4 If, after the payment period of 15 days from the date on the invoice, the funds have not been received in full by us, we reserve the right to impose an overdue payment. Overdue payment will be 10% of the total accumulative fee in the invoice added on a weekly basis until the payment is made.
9.8.5 All Consumers have an overdue payment period of 10 weeks. During this overdue payment period, the added fee will be 10% of the total accumulative fee. By the end of this 10 week overdue payment period, if we are not in receipt of the full fee (including overdue payment fee), we reserve the right to take legal action over said Consumer to reclaim the fee in full.
10.1 We will deliver all Service in the means of courses within 24 hours of receipt of Order Confirmation and all Service in the means of a class reserved online at the time the User selected using our online reservation tool.
10.1.1 In any case, regardless of events beyond our control, if we do not provide your access to the purchased online courses stated in the Order Confirmation, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
10.2 We will deliver all Service in the means of private English classes (introduction, silver learner and gold learner- descriptions and definitions as set out on our website) at the time booked by the Consumer. This booking time will be stated on the Order Confirmation and all bookings can be seen in â€œAppointmentsâ€ or â€œOrdersâ€ on your account on our website.
10.2.1 All private class learners have access to a private class course which includes materials and/or our online booking tool and/or relevant information.
10.2.2 Upon purchase of an introduction class, the Consumer will have access to the introduction class course on our website within 24 hours. If access has not been provided to this course within 24 hours, it is the Consumerâ€™s responsibility to contact us to remedy the mistake and grant you access.
10.2.3 After an introduction class, it is the Consumerâ€™s responsibility to inform us if you would like to become a silver learner or a gold learner. Once you have informed us and we have acknowledged your request (via e-mail or through any means of communication on our website), we will provide you will access to the silver learner course, if you have requested to become a silver learner or to the gold learner course, if you have requested to become a gold learner. We reserve the right to grant this access whenever we want, although we will try to do this as soon as we can after acknowledging your request.
10.2.4 If a Consumer has chosen to become a gold learner, an agreed schedule for English classes must be arranged in writing. The first class of a gold learner Consumer must take place within 15 days of acknowledgement of becoming a gold learner.
10.2.4.1 Gold learners can choose to have daily, bi-weekly or weekly classes. It is the Consumerâ€™s responsibility to inform their teacher of the quantity of classes they wish to have each month.
10.2.4.2 Gold learners must have a minimum of 4 hours of classes during each calendar month, but no maximum amount of classes is imposed.
10.2.4.3 If, by the end of the calendar month, the gold learner has had less than 4 hoursâ€™ of classes due to cancellations, this will be noted. In this case, we reserve the right to change your learner status to silver learner if this event happens for two consecutive months.
10.2.4.4 Upon becoming a gold learner, a schedule with your teacher will be agreed and we will automatically upload your bookings, which can be found under â€œappointmentsâ€ or â€œordersâ€ on your account on our website. It is the Consumerâ€™s responsibility to check these dates and times are correct and if any changes need to be made, the Consumer must inform us in writing so adjustments to the bookings can be made. Any changes to bookings must abide by our cancellation policy in 10.4.3.5.
10.2.4.5 In order to ensure availability for our gold learners, we reserve the Consumerâ€™s slot with the teacher 1 month in advance on a rolling basis. The Consumer will receive these order confirmations.
10.2.5 All private classes use the means of Skype. We provide detailed information as well as links to the Skype website and links to download this software. It is the Consumerâ€™s responsibility to ensure they have the correct software downloaded on their website and will be available to use it for their booked private classes. It is the Consumerâ€™s responsibility to check that their software is working correctly before their scheduled booking for their private English class.
10.2.5.1 We do provide alternative means of communication for private lessons if Skype is an unavailable tool for the Consumer. It is the Consumerâ€™s responsibility to contact us to enquire about this alternative and can only be arranged if expressly agreed in writing by the Consumer and us.
10.2.6 In any case, regardless of events beyond our control, if we do not provide your access to the courses associated to each private English class (private English introduction for introduction class Consumers, silver English class for silver learner Consumers or gold English class for gold learner Consumers), you cannot require us to reduce the Fees or charges and you cannot request a refund. These private English courses are additional resources that we provide to our Consumers as a courtesy on top of the purchased Service.
10.2.7. In any case, regardless of events beyond our control, if we do not deliver the Service of a booked private English class stated in the Order Confirmation, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
10.2.7.1 In the above statement, Virtually Fluent Ltd not delivering the Services means a Virtually Fluent Ltd. employee did not appear on Skype (or the means of communication agreed in writing) for a booked online English class within 10 minutes of the start time of your booking as shown on your Order Confirmation. Evidence of such an instance must be provided to Virtually Fluent Ltd. before a reduction of Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
10.2.7.2 Evidence must be provided to us in writing and may include, but is not limited to, a screenshot of your Skype screen at no earlier than 10 minutes past the start time of your booking as shown on your Order Confirmation with the date and time clearly visible.
10.2.7.3 If, for any reason, your regular teacher at Virtually Fluent Ltd is ill or cannot attend your private English class, we reserve the right to remedy the situation before the Consumer requests a refund.
(i) If we can provide a substitute teacher at your booking time as stated in the Order Confirmation, this does not constitute a means for cancellation. The class will take place and the fee will be charged as agreed upon in these Terms and Conditions.
(ii) We may ask you to reschedule your class for a different time, where your teacher will be available again. If a rescheduled booking has been agreed upon in writing between the Consumer and us, the Consumer does not reserve the right to request a refund and the fee will be charged as agreed upon in these Terms and Conditions.
(iii) If none of the above can remedy the situation (if there is no substitute teacher available or if the class cannot be rescheduled) then the class will be cancelled and the Consumer reserves the right to receive a refund for anything already paid. The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
(iv) In the case of gold learners (description and definition as stated on the website) if none of the above can remedy the situation, then the class will be cancelled and the fee will not be added to the invoice received at the end of the month.
10.3 In any case, regardless of events beyond our control, you can treat the Contract at an end if;
10.3.1 we have refused to grant you access to online course content; or
10.3.2 we have refused to accept a booking made online for an English class with our teacher; or
10.3.3 you fail, through no fault of ours, to use your access to our online courses or attend an online English class, we reserve the right not to return the fees.
10.3.3.1 It is the Consumerâ€™s responsibility to ensure their means of accessing their online reserved class is functional.
10.3.3.2 The fault of not attending an online English class acknowledged in an Order Confirmation is that the Consumer for any reason, including but not limited to sickness, emergency or technological problems, cannot or does not attend the class.
10.3.3.3 If a Consumer who has purchased an introduction class can no longer attend their scheduled English class, this is the responsibility of the Consumer. These classes cannot be rescheduled and no refund will be given to the Consumer. It is the consumerâ€™s responsibility to ensure they book a class when they are available. We will remind our Consumers of their booked class via email a day prior to their booking.
10.3.3.4 If a Consumer who has purchased a silver class can no longer attend their scheduled English class, this is the responsibility of the Consumer. These classes cannot be rescheduled and no refund will be given to the Consumer. It is the consumerâ€™s responsibility to ensure they book a class when they are available. We will remind our Consumers of their booked class via email a day prior to their booking
10.3.3.5 If a Consumer is a gold learner, we offer a 48 hour cancellation policy. The Consumer reserves the right to outright cancel or reschedule a booked class with more than 48 hoursâ€™ notice from the start time of their class as shown in the Order Confirmation. If said Consumer cancels the booked class within 48 hours of the start time of their class as shown in the Order Confirmation, they do not reserve the right to a refund and this class will be charged in full on the invoice, received at the end of each calendar month.
10.3.3.6 If a Consumer is a gold learner, all booked classes will automatically be cancelled if they fall on a UK public holiday. UK public holidays can be found here: https://www.gov.uk/bank-holidays. If your class falls on a public holiday in your own country, we will not cancel the class automatically and it is the Consumerâ€™s responsibility to inform us of any cancellation they wish to make. In this case, a cancellation must abide by our cancellation policy set out in 10.4.3.5.
10.4 If a Consumer does not appear for their online English class acknowledged in an Order Confirmation within 15 minutes of the start time stated in that Order Confirmation, the teacher reserves the right to assume the class is cancelled. We reserve the right not to return the fees. Evidence of a class cancelled under these circumstances (including but not limited to a screenshot of the date and time at no earlier than 15 minutes past the time stated in the Order Confirmation) may be stored by us to use in the case you question a cancelled class.
11. Withdrawal and Cancellation
11.1 This is a distance contract (as defined below) which has the cancellation rights set out below.
11.1.1 For the purposes of these Cancellation Rights, this word has the following meaning:
distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
11.2 You can withdraw an Order for our online courses by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability. This means the Customer has not proceeded with our checkout process, not made payment and/or not received an Order Confirmation.
11.3 A Consumer who has purchased an introduction class must abide by our cancellation policy set out in 10.4.3.3. After an introduction class, the Consumer reserves the right not to continue classes with us and become a silver or gold learner and they are under no financial obligation to pay any additional Fees. They will retain the rights of all our users and be able to use the resources provided to basic users on our website with no financial obligations.
11.4 A Consumer who has been acknowledged as a silver learner in writing by us must abide by our cancellation policy set out in 10.4.3.4. A silver learner does not have any minimum or maximum amounts of English classes they may book and is only under a financial obligation every time they book an individual class. These financial obligations are set out in 9.7.
11.5 A Consumer who has been acknowledged as a gold learner in writing by us must abide by our cancellation policy set out in 10.4.3.5. As set out in 10.2.4, a gold learner must book a minimum of 4 hours of classes during each calendar month. If a Consumer fails to meet this obligation for two consecutive months, as set out in 10.2.4.3, we reserve the right to change your learner status to silver learner. In these circumstances, the Consumer will be made aware of this change in writing.
11.5.1 In these circumstances, the Consumer must then carry out their obligations as a silver learner for a period of one calendar month before they can upgrade to gold learner status again.
11.6 At any point a silver learner can decide to become a gold learner. This must be communicated to and acknowledged by us in writing. When a Consumer changes their status from silver learner to gold learner, all rights to bookings, fees made payable and cancellation policy as a silver learner will become dormant. The bookings, fees made payable and cancellation policies as a gold learner will replace these.
11.7 At any point a gold learner can decide to become a silver learner. This must be communicated to and acknowledged by us in writing. A gold learner must fulfil their obligations as a gold learner before their status can be changed to a silver learner.
11.7.1 To fulfil obligations as a gold learner means to have and pay for all classes booked through that calendar month. It is only at the end of a calendar month that a learnerâ€™s status can be changed.
11.7.2 When a Consumer changes their status from gold learner to silver learner, all rights to bookings, fees made payable and cancellation policy as a gold learner will become dormant. The bookings, fees made payable and cancellation policies as a silver learner will replace these.
11.8 A Consumer can, at any point, cancel their account with us. The Consumer has the right to cancel their account manually on their settings on our website.
11.8.1 We can cancel a Consumerâ€™s account on their behalf upon a written request. This cancellation request must be a clear statement setting out your decision.
11.8.2 Upon cancellation of a Consumerâ€™s account, you will receive acknowledgement of such cancellation in written form without delay.
11.8.4 If a Consumer decides to cancel an account they accept and acknowledge that access to any purchased courses will be denied. Consumers can only access course content for as long as they have an open account with us.
11.8.5 If, after cancelling an account, a Consumer decides to return to our website, they accept and acknowledge that all there will be no access to any previous purchases. Once an account has been deleted, all information associated with that account is also deleted, including course content, assignment and quiz history and comments, photos, likes and dislikes and messages sent through out internal system.
11.9 Subject, as stated in these Terms and Conditions, reserves no right to cancel access to an online course once an Order Confirmation has been received.
11.10 If funds have not been cleared by PayPal to Virtually Fluent Ltd, we reserve the right to retract access to purchased courses and will inform you of cancellation.
12.1 We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
12.2 Upon access to online courses and English classes, the Services will:
12.2.1 be of satisfactory quality;
12.2.2 be reasonably fit for any particular purpose for which you buy the Services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
12.2.3 conform to their description.
12.3 We will provide the following after-sales service:
12.3.1 The supplier will support the customer by reminding them of their booked online classes and participate in course forums as well as send reminder emails to participate in the courses.
12.3.2 If the Consumer agreed to receiving marketing communication, they may receive e-mails that serve this purpose. The Consumer reserves the right to withdraw from these marketing communications using the Unsubscribe button at the bottom of every e-mail or by contacting us in written form. Upon acknowledgement of your request to withdraw from this marketing communication, you will no longer receive this specific type of marketing communications.
12.4 In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
13. Duration, Termination and Suspension
13.1 The Contract continues as long as it takes us to perform the Services stated in the Order Confirmation.
13.1.1 In the case of online courses, this is the initial access and the course content
13.1.2 In the case of online classes, this is the reserved time that the Consumer has with a Virtually Fluent Ltd. employee according to the Order Confirmation.
13.2 Either you or we may terminate the Contract or suspend the Services at any time in a written notice of termination or suspension to the other if that other:
13.2.1 commits a serious breach, or series of breaches resulting in a serious breach of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
13.2.2 is subject to any step towards its bankruptcy or liquidation.
13.3 On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
14. Intellectual property and acceptable use
14.1 All Content included on the Website, unless uploaded by Users, is the property of Virtually Fluent Ltd., our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
14.2 You may, for your own personal, non-commercial use only, do the following:
14.2.1 retrieve, display and view the Content on a computer screen;
14.2.2 download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network);
14.2.3 print one copy of the Content.
14.3 You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Virtually Fluent Ltd.
14.4 You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website. This is applicable to all areas of our website, including our blog.
14.4.1 Virtually Fluent does not screen, edit or review all Comments prior to their appearance on the Website and Comments do not reflect the views or opinion of Virtually Fluent, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion.
14.4.2 Virtually fluent reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions
14.5 You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Virtually Fluent Ltd. for all claims resulting from Content you supply.
15. Prohibited Use
15.1 You may not use the Website for any of the following purposes:
15.1.1 in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
15.1.2 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
15.1.3 making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
16. Links to other websites
16.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Virtually Fluent Ltd. or that of our affiliates.
16.2 We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
16.3 The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
16.4 The following organisations may link to our website without prior written approval; (i) government agencies; (ii) search engines; (iii) news organisations; (iv) online directory distributors; and (v) Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping centres and charity fundraising groups.
16.5 These organisations may link to our homepage, to publications or to other Website information as long as the link;
16.5.1 is not in any way misleading;
16.5.2 does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
16.5.3 fits within the context of the linking partyâ€™s site.
16.6 We may consider and approve at our sole discretion other link requests from the following types of organisations: (i) commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; (ii) dot.com community sites; (iii) associations or other groups representing charities, including charity giving sites, online directory distributors; (iv) internet portals; (v) accounting, law and consulting firms whose primary clients are businesses; and (vi) educational institutions and trade associations.
16.7 We will approve link requests from these organizations if we determine that:
16.7.1 the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
16.7.2 the organization does not have an unsatisfactory record with us;
16.7.3 the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and
16.7.4 where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
16.8 These organizations may link to our home page, to publications or to other Web site information so long as the link:
16.8.1 is not in any way misleading;
16.8.2 does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
16.8.3 fits within the context of the linking party’s site.
16.9 If you are among the organizations listed in paragraph 16.8 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com. Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
16.10 Approved organizations may hyperlink to our Website as follows:
16.10.1 by use of our corporate name;
16.10.2 or by use of the uniform resource locator (Web address) being linked to;
16.10.3 or by use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
16.11 No use of Virtually Fluentâ€™s logo or other artwork will be allowed for linking absent a trademark license agreement.
16.12 Without prior approval and express written permission, you may not create iframes around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
18. Availability of the Website and disclaimers
18.1 Any online facilities, tools, services or information that Virtually Fluent Ltd. makes available through the Website (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. Virtually Fluent Ltd. is under no obligation to update information on the Website.
18.2 Whilst Virtually Fluent Ltd. uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
18.3 Virtually Fluent Ltd. accepts no liability for any disruption or non-availability of the Website.
18.4 Virtually Fluent Ltd. reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
19. Limitation of liability
19.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
19.2 To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
19.3 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
19.4 To the maximum extent permitted by law, Virtually Fluent Ltd. accepts no liability for any of the following:
19.4.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
19.4.2 loss or corruption of any data, database or software;
19.4.3 any special, indirect or consequential loss or damage.
20.1 You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
20.2 These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
20.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
20.5 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
20.6 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
20.7 This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Virtually Fluent Ltd. Details
Virtually Fluent Ltd. is a company incorporated in England and Wales with registered number 11482493 whose registered address is Yeoman’s Well, Ripon, North Yorkshire, HG4 3EP and it operates the Website https://virtually-fluent.com. You can contact Virtually Fluent Ltd. by email on firstname.lastname@example.org.
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).