Terms and Conditions
Please read these Terms and Conditions carefully as the conditions will form the basis of the contract for our digital products and services.
We (‘Verve Plus Limited’) provide the Verve 11 Plus (11PlusExams.co.uk) website. Access to and use of this Website and the products and services available from the website are subject to the following Terms and Conditions (the “T&Cs”).
By using this service, you are agreeing to the Terms and Conditions of the Website, which may be updated by us from time to time. We may change these T&Cs at any time without giving you notice. Please check these T&Cs from time to time for any changes. By continuing to use our Website you agree to all the changes we make to these T&Cs. You should check the terms and conditions on a regular basis, as amendment may take place without notice. The website may contain links to other websites ‘external websites’, which are not operated by Verve Plus. We have no control over the external websites and accept no responsibility for loss or damage that may arise by their use. You should refer to the terms and conditions of these external websites prior to their use.
1. Service Commencement and Duration
1.1 The Order constitutes an offer by you to purchase Services in accordance with these Standard Terms and Conditions. Any quotation given by us shall not constitute an offer, and is only valid for a period of seven (7) days from its date of issue.
1.2 The Agreement shall not be formed unless and until we have sent you the Order Confirmation with our acceptance of your Order.
1.3 The Agreement shall commence on the Effective Date and shall continue, unless it is terminated earlier in accordance with these Terms and Conditions in relation to each of the Services, for the duration specified in the Order Confirmation and/or Product Description for such Services; or where we are providing Services to you for a Minimum Period, indefinitely until terminated by you or us in accordance with the Agreement. Where Services are provided for a Minimum Period, the Order is automatically renewed after the Minimum Period for consecutive monthly, or annual periods.
1.4 You may not be permitted to order products and services/ pay for those products and services until you register with us. We may, in our absolute discretion, accept or refuse any registration application.
2. Our Rights and Responsibilities
2.1 You acknowledge and accept that the server and telecommunications systems may sometimes require periods of downtime for security, maintenance and upgrading and, therefore, we cannot guarantee uninterrupted availability. However, where it is in our control, we will try to keep any periods of downtime to a minimum.
3. Payment and Subscription Plans
3.1 We offer three Subscription Plans, which include Monthly Subscription, Quarterly Subscription and Annual Subscription. We reserve the right to increase our Charges in respect of Subscription Plans.
3.2 If you place an Order on our website, we shall send you an email confirming receipt and details of any order that we accept.
3.3 We will invoice you after we issue the Order Confirmation accepting your Order and thereafter for each payment period as specified in the Order Confirmation.
3.4 Each invoice must be paid upon receipt of the invoice using the payment method specified, unless otherwise specified in the Order Confirmation.
3.5 Where we are providing Services for a Minimum Period, payment shall be made for the Charges in respect of the Minimum Period using the payment method specified in the Order Confirmation.
3.6 If you do not make any payment due under this Agreement, or any other contract between us, or wrongfully terminate this Agreement, we can keep all sums you have already paid and you will immediately have to pay us all outstanding amounts. All payments which would have become due for the Minimum Period will become immediately due and payable. We may also (without prejudice to our other rights) immediately terminate this Agreement or any other Order from you.
3.7 Without prejudice to any other rights we may have, we may suspend the Services in whole or part and without notice if you fail to pay our Charges in accordance with the Terms and Conditions.
4.1 We may limit your access to all or some parts of the 11 Plus Exams or may not accept you as an account holder, depending on whether you have registered with us or, completed and submitted an online registration form. Also, you may not be permitted to order products and services/ pay for those products and services until you register with us. We may, in our absolute discretion, accept or refuse any registration application.
4.2 Please do not tell other people your log in details, password or any other piece of information that is part of our security procedures. We take steps to prevent people misusing the 11 Plus Exams and to make sure that our rights are not affected. You are responsible for the content of any material provided using your log in details and password. You must notify us immediately if your log in details and/ or password, are used without your permission. We have the right to disable any account if, in our absolute discretion, you have failed to comply with these T&Cs.
4.3 You acknowledge and agree that:
- you are responsible for any Verve 11 Plus user account you use whilst on 11 Plus Exams and maintaining the confidentiality of your password and you shall take all necessary steps to ensure that your password is kept confidential and secure;
- you shall inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being used or is likely to be used in an unauthorised manner;
- you accept all responsibility for any and all activities that occur at or through your 11 Plus Exams user account (whether authorised or not); and you shall ensure that all information that you provide to us is and remains at all times true, correct and complete.
4.5 You must make sure that all information you give us is true, correct and complete and let us know if it changes; and (where applicable). And all electronic files you give us use properly licensed software and are free from viruses and other malware.
4.6 You cannot use 11 Plus Exams:
- for any unlawful purpose;
- to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
- to provide any kind of commercial information service;
- as a source of material or contact data for any kind of marketing activity;
- in a way that affects how it is run;
- in a way that imposes an unreasonable or disproportionably large burden on our communications and technical systems as determined by us;
- to tamper with, update or change any part of 11 Plus Exams;
- use any automated means to monitor or copy 11 Plus Exams or its content, or
- to interfere with or attempt to interfere with how 11 Plus Exams works.
4.7 You must not artificially increase the number of click counts or click-throughs for any advertisement or advertiser, including by: a. any manual means (such as repeatedly clicking on adverts or refreshing pages); b) any automated means (such as computer-generated search requests or similar devices); or c) asking someone to carry out these activities (including by offering any benefit or incentive).
4.8 We have the right to investigate your online activities, your online account and any order that you place with 11 Plus Exams for ‘click-fraud’ or any similar activity. You agree to provide reasonable help with these matters.
4.9 We may suspend and have the right to modify all or any part of 11 Plus Exams, (including any services or products that we offer on 11 Plus Exams) or your access to them, at any time without telling you beforehand. We won’t be responsible to you for any changes we make or for ceasing operation of all or any part of 11 Plus Exams. In doing so we will endeavour not to diminish the value of any products or services that we offer to any material degree.
4.10 We may suspend or cancel your use of 11 Plus Exams or your online account with 11 Plus Exams or user details if: a) you do not keep to these T&Cs; b) you use 11 Plus Exams in an inappropriate or unreasonable way; c) you fail to pay the charges you owe us for any products or services you buy from us (whether you buy them through our website or through another sales channel); d) we suffer from any event or circumstance which is beyond our reasonable control or which we could not reasonably be expected to have taken into account at the date of commencing to provide 11 Plus Exams to you, and which results in or causes our failure to perform any or all of our obligations under these T&Cs.
4.11 To be clear, if we suspend or cancel your 11 Plus Exams account, you will still have to pay us for any products or services you have bought from us.
5.1 Please be aware of the following:
- You use the website at your own risk.
- We advise you to make sure you are satisfied with the exact type and nature of goods or services being offered by any organisations you search for using 11 Plus Exams. We also recommend that you check the qualifications of people, companies and organisations offering the goods or services. We are not an agent for and do not give guarantees for these organisations or their goods and services;
- You should not rely on the website for advice;
- We cannot guarantee the accuracy of the results of any search made via 11 Plus Exams Search Tools;
5.2 As far as the relevant laws allow, neither we nor any shareholders, officers, shareholders, staff or other organisations connected to us give you any guarantees that:
- there will be no problems with how you use 11 Plus Exams; or
- the computer or server you use to log on to 11 Plus Exams is free of viruses or other harmful programmes.
5.3 You acknowledge and agree that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of 11 Plus Exams. We will take all commercially reasonable steps to minimise any such periods of interruption or non-availability.
5.4 You acknowledge and agree that we make no warranty and give no representation of any kind in relation to third party data and we accept no responsibility or liability for inaccuracy in or arising out of third party data.
5.5 Nothing in these T&Cs shall limit or exclude liability in respect of death or personal injury caused by negligence, or fraudulent misrepresentation.
5.6 Under no circumstances will the Verve Plus Limited or any other organisation involved in creating, producing, maintaining or distributing 11 Plus Exams be liable for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
- loss of revenue
- loss of actual or anticipated profits (including for loss of profits on contracts);
- loss of anticipated savings;
- loss of business;
- loss of opportunity;
- loss of goodwill;
- loss of reputation;
- loss of, damage to or corruption of data or software;
- wasted expenditure; or
- any indirect or consequential loss or damage howsoever caused.
5.7 We are not liable to you for any other loss as a result of:
- using or relying on 11 Plus Exams;
- not being able to use the 11 Plus Exams;
- any mistake, fault, failure to do something, missing information, or virus on 11 Plus Exams or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
- theft, destruction of information or someone getting access to our records, programs or services without our permission;
- goods, products, services or information received through or advertised on 11 Plus Exams or any links provided by 11 Plus Exams; or
- any information, data, message or other material which you e-mail, post, upload, reproduce, send, or otherwise distribute or receive using 11 Plus Exams.
6.1 You shall indemnify us, our employees and agents against all proceedings, claims, demands, losses, damages, costs and expenses (including legal costs and disbursements on an indemnity basis), incurred or suffered by us, and any damages awarded against us, arising directly or indirectly as a result of any breach of this Agreement by you or from processing or publishing any information or material you gave us or for incorporation into the Services including any claims arising as a result of defamation, illegality, false description or breach of any third party rights.
6.2 Each provision of these conditions shall be construed separately and shall be severable from these conditions. If any provision of these conditions (or portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these conditions will not be affected or impaired.
7. Intellectual Property Rights
7.1 You warrant that you own or are authorised to use (and to allow us to use) all Intellectual Property Rights in the Content you provide to us.
8. Termination of Service Agreement
8.1 If we are providing Services to you for a Minimum Period which automatically renews, you may terminate the Services after the end of the Minimum Period by giving us thirty (30) days’ notice. You must give us notice in writing addressed to Customer Services at Verve Plus Limited, 66 Seymour Grove, Old Trafford, Manchester M16 0LN quoting your Order number. Provided that you give us notice at least thirty (30) days prior to the end of the Minimum Period, we will terminate the Services at the end of the Minimum Period. If you give less than thirty (30) days’ notice prior to the end of the Minimum period, we will terminate the Services at the end of the next calendar month and will be entitled to Charges for that calendar month.
8.2 We may terminate any or all of the Services or part thereof, at any time by giving you not less than fourteen (14) days’ notice of such termination. In the event of termination under this Condition 11.1 (but not otherwise), you will be entitled to a refund of that part of any Charge you have already paid to us and which relates to a period after the date that the Services or part thereof have terminated.
8.3 We may terminate all or part of the Services with immediate effect by giving written notice to you if:
- you commit a material breach of any provision of the Agreement (including without limitation late or non-payment), provided that in the case of a breach which is capable of remedy you fail to remedy the breach within fourteen (14) days of receiving a written request to do so;
- you cease or threaten to cease to carry on the whole or any part of its business or is unable to pay its debts as they fall due;
- if you are a limited company, you convene a meeting of your creditors or a resolution is passed or proposed for your voluntary winding up or a petition for your compulsory winding up is presented or proposed; if you are a person, firm or a partnership, you, or any one of you, convene a meeting of your creditors or a resolution is passed or proposed for an individual voluntary arrangement for you or any one of you, or a petition for your, or any one of your, bankruptcy is presented or proposed;
- an administrator, receiver, manager or supervisor of a composition or scheme is appointed or applied for; by you or any one of you;
- you are the subject of a receiving order in bankruptcy or suffer execution, distress, any form of diligence or seizure to be levied or effected on or against your premises, assets or effects.
8.4 We may, at our sole discretion, suspend the provision of the Services if we are entitled to terminate this Agreement for any reason or if we reasonably believe that you are about to become subject to any of the events listed in Conditions 9.3(b) to 9.3(e). You will continue to be obliged to pay any charges owing or that arise during the period when the Services are suspended.
8.5 On termination of the Agreement by us for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of any Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.
8.6 Any accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
9. The Agreement
9.1 These T&Cs constitute the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior discussions, agreement or understanding between you and us.