Last updated on Aug 17th, 2019
Deepend Education Limited ("us" or "we" or "our" ) is a company incorporated under the laws of Estonia, with a registered office at Fern Hill Buissness Centre Todd Street Bury England BL9 5BJ
PLEASE READ THE TERMS & CONDITIONS SET OUT HERE IN (THE "TERMS & CONDITIONS") CAREFULLY BEFORE USING THE SERVICES PROVIDED BY US.
1. INTRODUCTION AND YOUR ACCEPTANCE OF THE TERMS & CONDITIONS
1.1. In these Terms & Conditions, "you", "your" and "Client" means the person who uses the Website, the Platform or the Services.
1.2. In addition to the Terms & Conditions, you should also read carefully our Privacy Policy, which sets out how we collect and use your personal information.
1.3. When you use the Services via the website located at http://virtualmarket.solutions/ or its related mobile application (collectively and individually the "Website"), the Terms & Conditions shall apply to you.
1.4. By registering with us and/or by using or accessing the Website, Services or Platform (as such terms are defined herein), you agree to be bound by the Terms & Conditions. As such, the Terms &Conditions constitute an agreement between you and us, and shall govern your use of the Website, Services and/or Platform at all times. If you do not agree to any of the provisions of the Terms & Conditions, you should immediately cease using the Website, Services and Platform.
2. AMENDMENTS TO THE TERMS & CONDITIONS
2.1 We may from time to time amend, modify, update and change any of the provisions of the Terms & Conditions, including without limitation as a result of legal and regulatory changes, security reasons or changes to the Services.
2.2 Unless otherwise specified in the Terms & Conditions, we will notify you of any such amendment, modification, update or change by publishing a new version of the Terms & Conditions on the relevant page of the Website, or by notifying you by email, at our sole discretion. Unless otherwise specified in the Terms & Conditions, any new version of the Terms & Conditions will take effect 14 (fourteen) days after its publication on the Website (or earlier if required by any law, regulation or directive which applies to either us or you).Your continued use of the Services after this period will be deemed to constitute your acceptance of such new version of the Terms & Conditions.
2.3 We advise that you check for updates to the Terms & Conditions on a regular basis.
3. VERIFICATION
3.1 We may, on registration of your account with us and at any time thereafter request that you provide us with your personal information, including but not limited to your name, address, telephone number, electronic mail address and date of birth, as well as your source of funds, financial standing and occupation. We may also verify your details, at any time, by requesting certain documents from you. These documents may typically include a government issued identity card, proof of address such as a utility bill, and proof of your payment method. In addition, we may request further information with respect to our anti-money laundering ("AML") and know your client ("KYC") obligations. In addition, we may request that copies of such documents are notarized at your own expense, meaning that the documents are stamped and attested by a public notary. Should the documents fail our internal security checks – for example, if we suspect that they have been tampered with, or are in any way proven to be misleading or misrepresenting – we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents. In addition, we may request that you attend a video call to verify your identity. Deepend Education Limited may decide, at its sole discretion, to terminate your account and these Terms & Conditions, on the basis that such documents or verification provides a negative or uncertain conclusion or we suspect that you are not aged 18 or over.
3.2 We may also perform further background and verification checks on you and request any relevant documentation from you or from any third party for any reason, and for that purpose you hereby authorise us to, directly or indirectly (through third parties), make any inquiries we consider necessary to check the relevance and accuracy of the documents and information provided for verification purposes.
4. THE SERVICES
4.1 Through the Website, you can purchase educational videos for tradings.
5. LEGAL AGE AND RESTRICTED TERRITORIES
5.1 The Services are only available to individuals who are at least 18 years old (and at least the legal age in their jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. Deepend Education Limited reserves the right to ask for proof of age from you and your account with Deepend Education Limited may be suspended until satisfactory proof of age is provided.
5.2 You may not use the Services, Platform and/or the Website if you are located or are a resident of a geographic area in which access to or use of the Services, the Website and/or the Platform is prohibited by applicable law, decree, regulation, treaty, or administrative act, including without limitation the following territories: Kuwait, Qatar, Saudi Arabia. Serbia, Turkey, United Arab Emirates, Bahrain, Bangladesh, Egypt, Ethiopia, Jordan, Lebanon, Libya, Mali, Mauritius, Morocco, Oman, Somalia, Sri Lanka, Trinidad & Tobago, Tunisia, Afghanistan, Algeria, Indonesia, Malaysia, Nigeria, Democratic Republic of Korea (North Korea), South Sudan, Sudan, Yemen, Iran, Iraq, Occupied Palestinian Territories, Pakistan, Syria, Vanuato, Ethnic groups of Caucasus belonging to Russian Federation (Chechens, Lesgid, Ossetians, Ingushes, etc.) ("Restricted Territories"). Certain partial restrictions may apply to additional geographic areas, as shall be notified by us from time to time. The Restricted Territories list may change from time to time for reasons which include but are not limited to licensing requirements and any other legal and regulatory changes.
5.3 Without derogating from Section ? 5.2, you shall not use the Services where it is prohibited by law or regulation.
5.4 You understand and accept that Deepend Education Limited is unable to provide you with any legal advice or assurances in respect of your use of the Services and Deepend Education Limited makes no representations whatsoever as to the legality of the Services in your jurisdiction. Please verify the relevant laws in your jurisdiction before registering with Deepend Education Limited and using the Services.
6. THE ACCOUNT
6.1 Your account shall be opened, maintained and used for your sole personal use only and shall not be used for any professional, business or commercial purpose. You acknowledge that multiple or linked accounts are not allowed.
6.2 You may only access the Website and use the Services via your own account and you may never access the Website or use the Services by means of another person's account.
7. INTELLECTUAL PROPERTY
7.1 You may only install and use the software connected to the Website (the "Platform") and all content derived from the Platform, including without limitation the patents, copyrights, design rights, trademarks and any other intellectual property rights in the Platform, in connection with the Services, for your personal and non-commercial use and in accordance with the Terms & Conditions. The Platform's code, structure and organization are protected by intellectual property rights. You must not: (i) copy, interfere with, tamper with, redistribute, publish, reverse engineer, decompile, disassemble, amend, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (ii) sell, assign, sublicense, transfer, distribute or lease the Platform; (iii) make the Platform available to any third party through a computer network or otherwise; (iv) export the Platform to any country (whether by physical or electronic means); or (v) use the Platform in a manner prohibited by any laws or regulations which apply to the use of the Platform (collectively the "Forbidden Practices").
7.2 You will be liable to us for any damage, cost or expense we suffer or incur that arise out of or in connection with your committing any of the Forbidden Practices. You shall notify us as soon as reasonably possible after becoming aware of the commission by any person of any of the Forbidden Practices and shall provide us with reasonable assistance with any investigation we may conduct in light of the information provided by you in this respect.
7.3 The brand names relating to the Website and any other trademarks, service marks and/or trade names used by us either on our own behalf from time to time (the "Trademarks") are owned by us or our licensors. In addition to the rights in the Trademarks, we and/or our licensors own the rights in all other content of the Website (the "Content"). By using the Services, you shall not obtain any rights in the Trademarks or the Website Content and you may use the Trademarks and Content only in accordance with the provisions of the Terms & Conditions.
8. CLIENT'S REPRESENTATION
You confirm to us the following:
8.1 You are 18 years of age or older (and at least in the legal age in your jurisdiction), you are of sound mind and you are capable of taking responsibility for your own actions.
8.2 You have full power and capacity to agree to and accept these Terms & Conditions.
8.3 We have not previously terminated an account that you have held with us or rejected your registration with us.
9. DISPUTES
9.1 You understand and agree that Deepend Education Limited records shall be the final authority in determining your use of the Services and you shall have no right to dispute Deepend Education Limited's decisions in regard to such matters.
9.2 No claims or disputes will be considered if more than 7 (seven) calendar days following the date of the original transaction have lapsed. You hereby undertake to raise such claims or disputes with the customer service department at info@virtualmarket.solutions and to provide Deepend Education Limited with all the relevant information or evidence which Deepend Education Limited reasonably requires to review your claim or dispute.
9.3 Deepend Education Limited’s customer service department will review your claim and provide you with its decision within 21 (twenty one) business days of submission of your claim or dispute.
9.4 If you do not agree with Deepend Education Limited ’s decision, you should contact our customer service manager to appeal Deepend Education Limited ’s decision and promptly provide Deepend Education Limited with all the relevant evidence in relation to your appeal.
9.5 The customer service manager will review your appeal and provide you with Deepend Education Limited ’s final and binding decision within 14 (fourteen) business days.
9.6 If you are located in any EU member state, you can refer a payment transaction dispute through theEuropean Commission's Online Dispute Resolution Platform at https://ec.europa.eu/consumers/odr/.
10. RISKS
10.1 Deepend Education Limited shall not be responsible for any damage or loss incurred by you as a result of the Services. By accepting the Terms & Conditions, you acknowledge that you have fully read and understood and are aware of the possible risks related to the Services.
10.2 You confirm that you understand and agree that the risks associated with the Services are acceptable by you, taking into account your objectives and financial capabilities.
10.3 You acknowledge and agree that Deepend Education Limited does not act as a financial advisor, does not provide investment advice services, and any communication between you and Deepend Education Limited cannot be considered as an investment advice. Without prejudice to our foregoing obligations, in asking us to enter into any transaction, you represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the transaction. You represent that you have sufficient knowledge, market sophistication and experience to make your own evaluation of the merits and risks of any transaction and that you received professional advice thereon. We give you no warranty as to the suitability of the Services and assume no fiduciary duty in our relations with you.
10.4 You confirm that you understand that for various reasons your user account may become temporarily suspended and may not be accessible to you. You agree to waive any and all rights, claims or causes of action of any kind pertaining to any damage as a result of such action.
11. LIMITATIONS OF LIABILITY
11.1 THE SERVICES, PLATFORM AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Deepend Education Limited MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND/OR ACCURACY OF THE WEBSITE, SERVICES AND/OR THE PLATFORM AND/OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE PLATFORM, SERVICES AND/OR WEBSITE LIES WITH YOU.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Deepend Education Limited MAKES NO WARRANTY THAT THE WEBSITE, PLATFORM AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES AND BUGS AND/OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS AND/OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES, PLATFORM AND/OR WEBSITE.
11.3 Deepend Education Limited HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT NAME OR PASSWORD. IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT NAME OR PASSWORD BECAUSE OF ANYTHING OTHER THAN Deepend Education Limited 'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT, Deepend Education Limited SHALL NOT BE LIABLE.
11.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Deepend Education Limited , ITS AFFILIATES AND/OR THEIR RESPECTIVE SERVICE PROVIDERS, AND/OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND THEIR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; AND/OR ANY LOSS OF BUSINESS, PROFITS, REVENUES, CONTRACTS OR ANTICIPATED SAVINGS; AND/OR LOSS OR ANY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE, SERVICES OR PLATFORM, ALL WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE PLATFORM, WEBSITE AND/OR SERVICES.
11.5 YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE, SERVICES, PLATFORM OR TO THE TERMS & CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
11.6 We will not be liable or responsible for any failure or delay of the Website, Services, Platform or for our failure to perform, or delay in the performance of, any of our obligations under the Terms & Conditions that is caused by events beyond our reasonable control, including without limitation any telecommunications network failures, power failures, failures in third party computer or other equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity, war and acts of government or other competent authorities (a "Force Majeure Event").
11.7 Although we intend to provide accurate and timely information on the Website and/or Platform (including without limitation the Content), the Website may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website are your sole responsibility and we shall have no liability for such decisions.
12. INDEMNIFICATION
12.1 You agree to fully indemnify, defend and hold Deepend Education Limited, its affiliates and their respective service providers, and any of their respective officers, directors, agents, joint venturers, employees and representatives harmless immediately on demand from and against any and all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
- 12.1.1 any breach of the Terms & Conditions by you;
- 12.1.2 a violation by you of any law, regulation or the rights of any third party; and/or
- 12.1.3 use by you of the Services, Website and/or Platform or use by any other person accessing the Services and/or Platform using your user identification, whether or not with your authorization.
13. ACCOUNT SUSPENSION, CLOSURE AND TERMINATION
13.1 The Terms & Conditions shall come into force immediately upon using or accessing the Website, Services or Platform in accordance with Section 1.5 and shall continue in force unless and until terminated in accordance with the Terms & Conditions.
13.2 We may suspend your account with us and your access to the Services, or terminate the Terms & Conditions and close your account immediately upon giving you notice to the email address which you have supplied us with (for avoidance of doubt, any liability with respect to the provision of an invalid e-mail address shall be borne by you), if:
- 13.2.1 for any reason we decide to discontinue provision of the Services to you or in general;
- 13.2.2 we reasonably suspect or you have breached any of the provisions of the Terms & Conditions;
13.6 The right to terminate the Terms & Conditions and to close your account shall not stop you or us from exercising any other right or remedy in respect of the breach concerned (if any) or any other breach.
13.7 Upon the termination of the Terms & Conditions for any reason, except as otherwise provided herein and subject to any right or obligation which has accrued prior to termination, neither party shall have any further obligation to the other under the Terms & Conditions.
14. CUSTOMER SERVICE DEPARTMENT
14.1 For service quality assurance (or due to regulatory requirements in certain jurisdictions, if applicable), calls made by you to the customer service department may be recorded.
14.2 You hereby expressly consent to us using the contact details provided by you on registration to occasionally contact you directly in relation to your use of the Services or any other products or services offered, or which may be offered by us from time to time.
14.3 We will not tolerate any abusive behaviour exhibited by clients to our employees. In the event we deem that your behaviour via telephone, live chat, email or otherwise has been abusive or derogatory towards any of our employees, such act will be considered as a breach of the Terms & Conditions by you and we shall have the right to close your account with us and terminate the Terms & Conditions.
15. THIRD PARTY LINKS, SITES AND SERVICES
The Website may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products or services. If you access any third-party website, service or content from the Website, you do so at your own risk and you agree that we will have no liability arising from your use of, or access to, any third-party website, service or content. In addition, you must ensure that you have read, understood and agreed to all the terms, conditions, policies and guidelines of any third-party website, service or content before accessing or using it.
16. GOVERNING LAW
The Terms & Conditions and the relationship between you and us shall be governed by, and interpreted in accordance with, the laws of Estonia. You irrevocably agree for your and our benefit that the courts of Estonia shall have jurisdiction to settle any suit, action or other proceedings relating to the Terms & Conditions ("Proceedings") and irrevocably submit to the jurisdiction of such courts (provided that this shall not prevent Deepend Education Limited from bringing an action in the courts of any other jurisdiction), and you irrevocably waive any objection which you may have at any time to the laying of venue of any Proceedings brought in any such court and agrees not to claim that such Proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over it.
17. Miscellaneous
17.1 Entire Agreement: The Terms & Conditions contains the entire agreement between Deepend Education Limited and you relating to your use of the Website, Platform and the Services and supersedes any and all prior agreements between Deepend Education Limited and you in relation to the subject matter hereof. You confirm that, in agreeing to accept the Terms & Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation by Deepend Education Limited in the Terms & Conditions.
17.2 Waiver: The rights and remedies provided under the Terms & Conditions are cumulative and not exclusive of those provided by law. We shall be under no obligation to exercise any right or remedy either at all or in a manner or at a time beneficial to you. No failure by us to exercise, or delay by us in exercising, any of our rights under the Terms & Conditions or otherwise, nor failure by us to insist upon strict performance of any of your obligations shall operate as a waiver of those or any other rights or remedies or relieve you from compliance with such obligations. No single or partial exercise of a right or remedy shall prevent further exercise of that right or remedy or the exercise of another right or remedy. A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 Severability: If any of the provisions of the Terms & Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, Deepend Education Limited 's original intent.
17.4 Assignment: We reserve the right to transfer, assign, sublicense or pledge the Terms & Conditions, in whole or in part, to any person without notice to you. You may not assign, sublicense, pledge or otherwise transfer in any manner whatsoever any of your rights or obligations under the Terms & Conditions.
17.5 Third Party Rights: Unless otherwise expressly stated, nothing in the Terms & Conditions shall create or confer any rights or any other benefits to third parties.
17.6 Outsourcing: Subject to applicable laws and regulation, Deepend Education Limited may outsource any or all of the Services it provides under the Terms & Conditions to third parties.
17.7 Relationship of the Parties: Nothing in the Terms & Conditions shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
17.8 Language: The Terms & Conditions has been drafted in the English language. The English version of this Agreement is the governing version and shall prevail whenever there is any discrepancy between the English version and any other version.
PLEASE PRINT OFF AND RETAIN A HARD COPY OF
THE TERMS & CONDITIONS FOR YOUR RECORDS.
info@virtualmarket.solutions