“This agreement applies as between you, the User of this Website and Twinxter Academy, the owner(s) of this Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.”
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access paid Content and / or any communications System oan the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Twinxter Academy makes available through the Website either now or in the future;
“Parties”: means Twinxter Academy and the User;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Plan of Services”: means the service plan the User purchased;
"Premises": Means Our place(s) of business;
"Services": means the services available to you through this Website, specifically use of the Twinxter Academy proprietary e-learning platform;
"System": means any online communications infrastructure that Twinxter Academy makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Twinxter Academy and acting in the course of their employment;
"Website": means the website that you are currently using (academy.twinxter.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Twinxter Academy, a company incorporated in The Netherlands with Company registration Number NL 862393905B01.
- 2.1 These General Terms and Conditions apply to the enrolment of Users on Twinxter Academy and/or in the conclusion and execution of all agreements to which Twinxter Academy or persons acting for or on behalf of Twinxter Academy are party, both of a preparatory and executive nature, such as offers and order confirmations.
- 2.2 These General Terms and Conditions will not be deviated from, unless explicitly agreed upon in writing by the client and Twinxter Academy.
- 2.3 If one or more provisions of these General Terms and Conditions are deviated from, the other provisions of these General Terms and Conditions will continue to apply in full.
- 2.4 If the User agrees to (the use of) any of the Facilities of Twinxter Academy, Twinxter Academy assumes agreement to these General Terms and Conditions, unless explicitly stated otherwise by the User in advance. In case of doubt, these General Terms and Conditions will apply.
- 2.5 If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or annulled, the other provisions of these General Terms and Conditions shall remain in full force. The expired, invalid or annulled provision(s) shall then be replaced by a legally valid provision which corresponds as closely as possible to the expired, invalid or annulled provision(s) in terms of content, purport and effect. The parties will in that case consult to agree on substitute provisions, whereby the purpose and purport of the original provision will be assumed as far as possible.
- 2.6 If a situation arises between Parties that is not stipulated in these General Terms and Conditions, then this situation should be judged in the spirit of these General Terms and Conditions.
- 2.7 Ambiguities about the interpretation or content of one or more provisions of these General Terms and Conditions shall be judged In the spirit of these General Terms and Conditions.
- 2.8 If strict observance of these General Terms and Conditions is not always required by Twinxter Academy, this does not mean that these General Terms and Conditions do not apply or that Twinxter Academy revokes her right to demand strict compliance with these General Terms and Conditions in other cases.
- 2.9 Twinxter Academy is authorised to (unilaterally) amend these General Terms and Conditions at any time.
- 2.10 These Terms and Conditions also apply to customers procuring Services in the course of business.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Twinxter Academy, our affiliates or other relevant third parties. By continuing to use the Website the User acknowledges that such material is protected by applicable Dutch and International intellectual property and other laws.
- 4.2 The User may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 The User may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Twinxter Academy or that of Our affiliates. 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. 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.Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site academy.twinxter.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at academy@twinxter.com.
- 8.1 When using any System on the Website the User should do so in accordance with the following rules. Failure to comply with these rules may result in the User’s Account being suspended or closed:
- 8.1.1 The User must not use obscene or vulgar language;
- 8.1.2 The User must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 8.1.3 The User must not submit Content that is intended to promote or incite violence;
- 8.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 8.1.5 The means by which the User identifies itself must not violate these Terms and Conditions or any applicable laws;
- 8.1.6 The User must not impersonate other people, particularly employees and representatives of Twinxter Academy or Our affiliates; and
- 8.1.7 The User must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 8.2 The User acknowledges that Twinxter Academy reserves the right to monitor any and all communications made to Us or using Our System so Twinxter Academy can in fact verify if the User complies with the rules set out in Article 8.1.
- 8.3 The User acknowledges that Twinxter Academy may retain copies of any and all communications made to Us or using Our System.
- 8.4 The User acknowledges that any information he sents to Us through Our System may be modified by Us in any way and the User hereby waives his moral right to be identified as the author of such information. Any restrictions the User may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 9.1 In order to procure Services on this Website and to use certain other parts of the System, the User is required to create an Account which will contain certain personal details and Payment Information which may vary based upon User’s use of the Website as We may not require payment information until the User wishes to make a purchase. By continuing to use this Website the User represents and warrants that:
- 9.1.1 all information the User submits is accurate and truthful;
- 9.1.2 the User has permission to submit Payment Information where permission may be required; and
- 9.1.3 the User will keep this information accurate and up-to-date. The Users creation of an Account is further affirmation of the User’s representation and warranty.
- 9.2 It is recommended that the User does not share his Account details, particularly his username and/or password. We accept no liability for any losses or damages incurred as a result of the User’s Account details being shared by the User. If the User uses a shared computer, it is recommended that this User does not save his Account details in that internet browser.
- 9.3 If the User has reason to believe that his Account details have been obtained by another person without consent, the User should contact Us immediately to suspend this User’s Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to the User notifying Us of the unauthorised nature of the order or payment then the User shall be charged for the period from the commencement of the provision of services until the date the User notified us and may be charged for a billing cycle of one month.
- 9.4 When choosing his username the User is required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of the User’s Account.
- 10.1 Either Twinxter Academy or the User may terminate the User’s Account. If We terminate the User’s Account, the User will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 10.2 If We terminate the User’s Account, any current or pending orders or payments on his Account will be cancelled and provision of Services will not commence.
- 11.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Twinxter Academy correspond to the actual Services that will be provided to the User, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on the User’s individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 12.9 for incorrect Services.
- 11.2 Where appropriate, the User may be required to select the required Plan of Services.
- 11.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming the User’s Order. Availability indications are not provided on the Website.
- 11.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 11.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 12.1 No part of this Website constitutes a contractual offer capable of acceptance. The User’s order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to the User an order confirmation email. Only once We have sent the User an order confirmation email there will be a binding contract between Twinxter Academy and the User.
- 12.2 Order confirmations under sub-Clause 11.1 will be sent to the User before the Services begin and shall contain the following information:
- 12.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 12.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 12.2.3 Relevant times and dates for the provision of the Services;
- 12.2.4 User credentials and relevant information for accessing those services.
- 12.3 If We, for any reason, do not accept the User’s order, no payment shall be taken under normal circumstances. In any event, any sums paid by the User in relation to that order will be refunded within 14 calendar days.
- 12.4 Payment for the Services shall be taken via the User’s chosen payment method, immediately for any setup fee that corresponds to the service plan the User purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation the User received.
- 12.5 We aim to fulfil the User’s Order within 2-3 working days or if not, within a reasonable period following the User’s Order, unless there are exceptional circumstances. If we cannot fulfil the User’s Order within a reasonable period, we will inform the User at the time you place the Order by a note on the relevant web page or by contacting the User directly after the User places his Order. Time is not of the essence of the Contract, which means we will aim to fulfil the User’s Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to the User if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of the User’s order, at the User’s express request, the User will be required to expressly acknowledge that the User’s statutory cancellation rights, detailed below in Clause 13, will be affected.
- 12.6 Twinxter Academy shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 12.7 In the event that Services are provided that are not in conformity with the User’s order and thus incorrect, the User should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- 12.8 Additional terms and conditions may apply to the provision of certain Services. The User will be asked to read and confirm his acceptance of any such terms and conditions when completing his Order.
- 12.9 Twinxter Academy provides technical support via our online support forum. Twinxter Academy makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
We want the User to be completely satisfied with the Products or Services he orders from Twinxter Academy. If the User needs to speak to us about his Order, then please contact customer care by email at academy@twinxter.com. The User may cancel an Order that we have accepted or cancel the Contract up until provision of Services has commenced. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 13.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Twinxter Academy and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: academy@twinxter.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 13.2.
- 13.2 Notwithstanding the provisions of Article 13.1, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agaree to the following:
- 13.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel the order after the Services are complete.
- 13.2.2 If you cancel the Services after provision has begun but is not yet complete, you will lose your right to cancel the order and you will still be required to pay for the Services supplied.
- 13.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
Use of the Website is also governed by Our Privacy Policy (academy.twinxter.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
- 15.1 All personal data that We may collect (including, but not limited to, the User’s name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the User’s rights under that Regulation. In the GDPR personal data is defined as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
- 15.2 We may use the User’s personal information to:
- 15.2.1 Provide Our Services to the User;
- 15.2.2 Process the User’s payment for the Services; and
- 15.2.3 Inform the User of new products and services available from Us. The User may request that We stop sending him this information at any time.
- 15.3 In certain circumstances (if, for example, the User wishes to purchase Services on credit), and with the User’s consent, We may pass his personal data on to credit reference agencies. These agencies are also bound by the GDPR and should use and hold the User’s personal data accordingly.
- 15.4 We will not pass on the User’s personal data to any other third parties without first obtaining the User’s express permission.
- 16.1 We make no warranty or representation that the Website will meet the User’s requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 16.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, Users are strongly advised to take responsibility for their own internet security, that of their personal details and their computers.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. Users will be bound by any changes to the Terms and Conditions from the first time they use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Users in the future.
- 18.1 The Website is provided “as is” and on an “as available” basis. Twinxter Academy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 19.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
- 19.2 Nothing in these Terms and Conditions excludes or restricts Twinxter Academy's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 19.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between the User and Twinxter Academy.
- 23.1 All notices / communications shall be given to Us by email to academy@twinxter.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 23.2 We may from time to time, if the User opts to receive it, send the User information about Our products and/or services. If the User does not wish to receive such information, the User may click on the ‘Unsubscribe’ link in any email which he receives from Us.
These Terms and Conditions and the relationship between the User and Twinxter Academy shall be governed by and construed in accordance with Dutch law and Twinxter Academy and the User agrees to submit to the exclusive jurisdiction of The Netherlands.
