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”).
11 Plus Exams is a free classifieds marketplace to allow our users to offer, sell, and buy products and services listed on the Website. 11 Plus Exams is not in any way involved in any transactions between buyers and sellers. 11 Plus Exams is not a party to such transactions, has no control over any element of such transactions, and has no liability towards any party in connection with such transactions.
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 we do not make any representations or warranties that your Content will appear in any particular position or priority or the frequency in which it may appear.
2.2 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.
2.3 We do not have to publish or display the whole or any part of the Advert or Business Listing, if you have not supplied any part of the Content within the timeframe requested or if we consider that the Content does not meet the standards of the Advertising Standards Authority or is unacceptable for publication for some other reason including that it may infringe the legal rights of others or subject us to claims or prosecution.
2.4 We will be entitled to prevent the display of your Content if you fail to make any payment in respect of any services purchased as part of the Order.
2.5 We accept the Content from you on the understanding that you have unconditionally approved the Content for publication.
2.6 You acknowledge and accept that the Online Classifieds and the compilation of any Classifieds Listing is provided with reasonable skill and care, but are otherwise provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and as such the entire risk as to the quality and performance of the Classified Listing or Content is with you.
2.7 Save as otherwise provided in the Product Description, you acknowledge and accept that we do not guarantee the number of page impressions for any Advert or Business Listing.
2.9 We reserve the right to cancel or withdraw the Advert or Listing in the event this is required by any relevant authority, without any liability to you, including but not limited to, any liability to refund any Charges.
3. Your Responsibilities
3.1 Subject to these Standard Terms and Conditions, you shall:
pay any applicable Charges for the Services in accordance with the Terms and Conditions;
advise us of and send to us any Content that we require from you. All Content must be supplied with your Order or within any time frame subsequently notified to you. Any delay in supplying Content will not extend the duration of the Services as shown on the Order Confirmation;
supply all Content in a suitable format as specified by us;
ensure that all Content provided to us by you is legal, honest and truthful, and complies with Advertising Standards; and all guidance, codes or other regulations made available by any competent authority having jurisdiction over or responsibility for the regulation of advertising; and the provisions of all statutes and statutory instruments applicable to advertisements intended for display;
ensure that all and any requests for Amendments are made to us either in writing mailed to the Customer Services Team at our Registered Office or by email to such email address as we may notify to you within 7 days of the date of the Order Confirmation. Any Amendments requested after the deadlines stated above may incur further charges.
3.2 You must own or have authority to use any trade name, trade mark, or other quality assurance mark, logo or other material that is used in the Content.
3.3 You confirm and warrant that:
you are placing the Order in the ordinary course of your business and you are advertising your own business, product or service,
the business, product or service you are advertising is lawful,
you have obtained all appropriate licences, permits or any other regulatory consents required to operate the business, product or service you are advertising, and
advertising your business, product or service in the manner agreed with us will not result in a breach of any law or regulation by you, us or any third party.
3.4 You shall make use of the Services in accordance with the Acceptable Use Policy.
3.5 You must notify us if any website to which your Advert links results in error pages or expired links at any time. We reserve the right to suspend, without liability, the publication and distribution of the Advert or Business Listing that links to such website.
3.6 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 our Website 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. Payment and Featured Packages
4.1 11 Plus Exams offers Featured Ads where users may pay a non-refundable fee to have their ads posted in selected locations on the Website, thus potentially increasing an ads’ visibility. We offer three Featured Listing Packages, which include Basic Package, Advanced Package and Premium Package. We reserve the right to increase our Charges in respect of Featured Packages.
4.2 If you place an Order on our website by adding a new listing or promoting an existing listing, we shall send you an email confirming receipt and details of any order that we accept.
4.3 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.
4.4 Each invoice must be paid upon receipt of the invoice using the payment method specified, unless otherwise specified in the Order Confirmation.
4.5 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.
4.6 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.
4.7 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.
5.1 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.
5.2 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.
5.3 You acknowledge and agree that:
you are responsible for any 11 Plus Exams 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.
5.5 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.
5.6 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.
5.7 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).
5.8 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.
5.9 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.
5.10 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.
5.11 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.
5.12 If you provide any material to 11 Plus Exams, you agree to grant us permission, irrevocably and free of charge, to use your material in any way we want on any website or otherwise (including altering and adapting it for operational or editorial reasons) in any media worldwide, which may include syndicating the material to selected third party social media and networking sites.
5.13 After posting your material to 11 Plus Exams, you continue to own that material, and you continue to have the right to use your material in any way you choose.
5.14 Please choose carefully any information you post on 11 Plus Exams, as it will be available for public viewing. By providing any material to 11 Plus Exams, and for us to be able to use it, you confirm you and the material comply with all obligations set out in these conditions, and in particular that:
your material is your own original work or you are authorised to provide it to 11 Plus Exams;
your material is not defamatory (that is, it does not damage someone’s good reputation), does not contain any material which is harassing, threatening, obscene, offensive, hateful, abusive or inflammatory;
your material does not take away or affect any other person’s privacy rights, contract rights or any other rights, and does not otherwise break any laws;
your material does not promote any illegal activity or discrimination;
that you have the right to give us permission to use it for purposes specified above and that such use will not infringe the copyright, database right, trade mark, privacy or other rights of a third party;
your material is not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our good name or reputation;
your material does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the website;
if your material is intended to promote your own business or services, you will clearly and openly state your association with the particular business;
you will not falsify or delete any author attributions, legal or other proprietary notices, designations or labels; and
your material complies with our T&Cs.
5.15 You acknowledge that we do not have a duty to publish any material you have provided.
5.16 We have the right to:
reject or refuse to post any material you have provided;
remove any material from 11 Plus Exams, whether or not the material goes against any of these conditions; or
restrict, suspend or stop your access to all or any part of 11 Plus Exams, at any time.
5.18 If you do not want to grant us the permission set out above on these terms, please do not provide any material to 11 Plus Exams.
5.19 We do not edit, or review any third party material displayed on 11 Plus Exams. We operate a notice and take down procedure regarding such material. If you believe that any comment or review does not comply with the requirements set out in clause above, please notify us immediately. We will then review the material and, where we deem it appropriate, remove the material within a reasonable time.
5.20 11 Plus Exams has information supplied by other organisations, including information about maps, licensed by Google and there are limits on what you can use map information for.
5.21 11 Plus Exams is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication. And that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You are responsible for and must evaluate, and bear all risks associated with, the use of any Content.
5.22 Under no circumstances will 11 Plus Exams be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service.
5.23 11 Plus Exams is not obliged to pre-screen or approve any Content, but 11 Plus Exams has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these T&Cs and such violation being brought to 11 Plus Exams’s knowledge or for any other reason or no reason at all.
6.1 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;
11 Plus Exams contains hyperlinks to websites run by companies other than Verve Plus Limited. We do not control, and are not responsible for, any other websites made available from or through 11 Plus Exams. We do not give any guarantees about their content or how they work. You access and use these sites at your own risk and will need to keep to any conditions of use that apply to those sites. We do not approve or sponsor any products, services or content you access or buy through these websites.
6.2 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.
6.3 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.
6.4 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.
6.5 Nothing in these T&Cs shall limit or exclude liability in respect of death or personal injury caused by negligence, or fraudulent misrepresentation.
6.6 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.
6.7 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.
7.1 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.
7.2 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.
8. Intellectual Property Rights
8.1 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.
9. Termination of Service Agreement
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 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.
9.6 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.
10. The Agreement
10.1 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.
WHAT WE COLLECT
We may collect the following information:
Contact information including Email Address
Demographic information such as Postcode, Preferences and Interests
Other information relevant to Customer surveys and/or Offers
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
INTERNET SECURITY & EMAIL CORRESPONDENCE
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Although we use advanced security measures to protect your information against loss, misuse and alteration, as is the case with all computer networks linked to the internet, we cannot absolutely guarantee the security of your information provided over the internet and will not be responsible for this.
The website also invites you to contact Verve 11 Plus via email or through the “Contact Us” page. Email correspondence is free format text & cannot be encrypted, therefore it is not a secure means of communication. Please do not send sensitive information, such as passwords or credit card information, via email.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the enquiry form on Contact Us page.
We will not sell, distribute or lease your personal information to third parties unless we are required by law to do so. We may use your personal information to send you promotional information which we think you may find interesting, if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Verve Plus Limited, 66 Seymour Grove, Old Trafford, Manchester M16 0LN.
If you believe that any information we are hold.ing on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
DATA PROTECTION LEGISLATION
We comply with the Data Protection Act 1998 in respect of any information we hold.