These terms and conditions (hereafter the “Terms”) shall govern the use of the website VIRTINAC (hereafter the “Website”). The Terms are applicable to any kind of use of the Website or to all types of services provided by or via the Website.
These Terms apply in full force and effect to your use of the Website and you expressly accept the Terms if you use the Website.
If you register with the Website, upload or purchase any material on or from the Website or use any of our services, you expressly agree to these Terms.
We reserve the right to change these Terms at any time. You agree to abide by the most recent version of these Terms each time you view, visit, and use the Website. If we make substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting a notice of the changes on the Website.
You are accordingly advised to consult the Terms each time you view and use the Website. This version of the Terms has entered into force on November 1, 2018.
The Website is property of and is exploited by VIRTUAL INTERNATIONAL ACADEMY – VIRTINAC bvba, a private limited liability company organized and existing in accordance with the laws of Belgium, with registered office at Av. Louise 367, 1050 Brussels, Belgium, and registered with the register of legal entities of Brussels under number 0685982119 (hereafter referred to as “VIRTINAC”).
The Website is available in English and Courses (as defined hereinafter) can be uploaded in all languages.
If the words “you”, “your” or “user” are used in this Terms, this refers to any user of the Website. All terms defined in the Terms shall have the same meaning regardless of whether they are used in the singular or plural.
Hereafter we explain how the Website works and to which rules you should comply with when using the Website.
1. General part
1.1. Objective of the Website is to bring teachers and learners together.
The Website is an online platform which helps to connect people (hereafter referred to as “Teachers”) who wish to provide and upload courses (written documents and/or videos and/or exams and/or certificates) with regard to various topics (“Courses”) and people who wish to purchase and consult such Courses (hereafter referred to as “Learners”). The Teachers and Learners will never be directly connected and only act and communicate through the use of the Website.
1.2. Obligations of VIRTINAC
VIRTINAC composed the content and functioning of this website with the utmost care. VIRTINAC shall make every reasonable and fair effort to ensure an optimal user convenience and continuity of the Website.
VIRTINAC only manages the internet platform and by no means personally uploads or downloads any Courses on or from the internet platform (except a demo course and exam for free).
2. Obligations of all users
2.2. You are responsible for the use and the protection of your password.
You shall take all necessary measures to protect the confidentiality of this password. In the event of unauthorized use of your user profile you will contact VIRTINAC as soon as possible via this form. Failure to do so can result in sanctions as specified in article 6 of these Terms.
2.3. The Website is only accessible for adults older than 18 years.
2.4. You are expressly restricted from the following:
- Publishing any Courses uploaded on or consulted via this Website which is in breach of the specific notice.
- Using this Website in any way that is, or may be, damaging to VIRTINAC, its subsidiaries or the Website.
- Using this Website contrary to the applicable laws and regulations, or in a way that may cause damage to the Website, VIRTINAC or any third parties.
- Uploading or downloading on, via or from the Website, in any way whatsoever, any subject matter or expression which, in general, is contrary to the public order or public decency and/or which is, more specifically, unlawful, unauthorized, prohibited, racist, xenophobic, libelous, obscene, pornographic, offensive, insulting, religious, inappropriate or discriminating.
- Infringing the rights of any third party.
2.5. The intellectual property rights,
Including without limitation, copyright, software, brands, patents, trademarks, models with respect to the Website, its text, images, designs, databases, pictures, and other stationary and/or moving visual material are property of VIRTINAC and, where applicable, its licensors. You are by no means allowed to use or infringe any of this intellectual property rights by any manner whatsoever.
3. Obligations of the Teachers
3.1. In order to upload Courses on the Website, Teachers should first register on the Website.
3.2. If a Teacher wants to register and submit data in view of uploading a Course he/she should comply with the following rules.
The Teacher shall:
- Enter a title and description with respect to the Course (in any available language).
- For each Course, enter the price and currency which can be freely determined within the minimum and maximum as mentioned in 5.1., and (at his/her own convenience) modified, by the Teacher at any time.
- Make sure that the Course he/she wishes to upload does not conflict with the provisions of article 2.4 of the Terms.
- Only upload Courses in the formats that are accepted by VIRTINAC.
3.3. The Course you upload should in no way be misleading or incorrect
and should always be in conformity with the legislation in force (and may not include discriminatory information or information contrary to public decency). As a Teacher you agree to strictly adhere to these rules and to do all the necessary to strictly comply with them.
3.4. At all times, Teachers can withdraw their Courses.
3.5. It is strictly forbidden to upload any Course which is, in the broadest sense, property of any third party
or is subject to any sort of intellectual property rights owned by a third party. As a Teacher you are solely liable for any content you upload, and you will safeguard VIRTINAC from any claim of any third party regarding the content you upload via the Website.
3.6. VIRTINAC reserves the right to unilaterally refuse or delete a Course,
without having to give any motivation and without any right of cooperation or compensation being required.
4. Obligations of the Learners
4.1. In order to purchase a Course from the Website, Learners must first register on the Website.
The name that the Learner uses on registration will be the name that appears on eventual certificates, diploma’s or other confirmations and communications.
4.2. The Learner accepts and acknowledges that he/she is informed of all aspects (of the process) of the Website.
The Learner acknowledges that he/she shall not be entitled to any fee or any compensation (including damages) whatsoever from VIRTINAC in relation to his/her use of the Website.
4.3. If a Learner purchases a Course from a Teacher using the Website, the Learner accepts and acknowledges that all the possible intellectual property rights or any other rights whatsoever related to the Course uploaded by a Teacher will remain the sole property of the Teacher having uploaded the Course.
In this regard, the Learner will merely have a right of use of the Course, granted by the Teacher in consideration for the announced price and currency at the time of the purchase.
4.4. The Learner accepts and acknowledges that VIRTINAC is in no way liable for any defiance in the Courses uploaded by the Teacher.
VIRTINAC only acts as an operator of the platform and is, as such, a mere conduit.
4.5. The Learner accepts and acknowledges that VIRTINAC has the right to delete any Course at any time without motivation and without the right for the Learner to claim damages in this respect.
The purchased Courses will stay accessible for the Learner.
5.1. General payment terms
When a Learner purchases a Course that a Teacher has uploaded on the Website, the Learner will pay the announced price in the announced currency for the Course (as freely determined by the Teacher) to VIRTINAC.
The Teacher has the right to adapt the price and currency for his/her Course at any time, at his/her own convenience.
The minimum price for a Course is 9,99 EUR and the maximum price is 1.000 EUR.
VIRTINAC shall pay 50% of the paid amount of each purchased Course to the Teacher who has uploaded the Course.
If VIRTINAC does a specific promotion that reduces prices for a determined period, this promotion will be on all Courses and the Teacher will be paid in that period 50% of the reduced price.
In order to receive payments from VIRTINAC, the Teacher must provide his/her correct payment details on his/her profile. VIRTINAC will organize the payments to the Teachers:
Sold courses > Payment
- January > March
- February > April
- March > May
- April > June
- May > July
- June > August
- July > September
- August > October
- September > November
- October > December
- November > January
- December > February
All payments will be in Euro. The payments done by VIRTINAC will be in the same currency as the sold Courses. As a Teacher, you agree that you are responsible for the collection or payment of any duties, taxes, sales taxes, GST, VAT or other taxes which may be levied (hereafter collectively referred to as “Taxes”) in respect of any use of the Website. VIRTINAC is not responsible for collection, reporting, paying, or remitting to you or any third party of any such Taxes.
You agree not to circumvent the payment method as provided by in these Terms. By way of illustration and without limitation, you shall not:
- Upload Courses or solicit parties identified through the Website to contact, hire, manage, or pay outside the framework of the Website.
- Accept Courses or solicit parties identified through this Website to contact, deliver services, invoice, or receive payment outside the framework of the Website.
In the event a person contacts you or suggests making or receiving payments outside the framework of the Website, you shall immediately contact VIRTINAC through the following form.
6. Abuse of the Website
6.1. As repeatedly mentioned in the Terms, there are specific rules of conduct and use applicable to this Website.
If you do not comply with these rules or any other applicable legislation or rules, VIRTINAC reserves the right to remove any Course and to block, suspend or remove your user profile, without any right of compensation.
6.2. If you notice any abuse of the Website by any other user, you must immediately contact us through the following form.
In case you notice any abuse of the Website and do not contact VIRTINAC, the latter reserves the right to remove any Course and to block, suspend or remove your user profile, without any right of compensation.
7. Limitation of liability - Complaints
7.1. In the event you should have any query with respect to the use or functioning of the Website, you can contact us at any time via this form.
We strive to respond to your complaint within a reasonable period.
7.2. In no event VIRTINAC, nor its subsidiaries, directors, employees or agents, shall be liable for any claim, dispute, controversy, obligation, action and cause of action of every kind or nature, including without limitation, personal injury, death and property damage, arising out, directly or indirectly, or related to, directly or indirectly, with the use, abuse or misuse of the Website or the Courses and information included therein.
7.3. VIRTINAC cannot be held liable for any infringements whatsoever of possible copyrights, trademarks rights or other rights that are assumed by the users of the Website.
7.4. The liability which VIRTINAC may incur for any reason whatsoever derives from a best effort obligation.
7.5. You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and hacking, or that the use thereof may result in damages to your systems or operations.
While VIRTINAC will implement reasonable precautions to attempt to prevent such occurrence, you further acknowledge that VIRTINAC does not guarantee such events will not take place and that we will not be liable for any such occurrences.
7.6. All information and content on or obtained through the Website is provided “AS IS” and without warranty of any kind.
You hereby waive all other warranties relating thereto, including but not limited to any warranty, fitness for a particular purpose or warranty against interference or infringement.
7.7. In the event VIRTINAC would be held liable for any reason whatsoever, its liability will be restricted to the price and currency of the Course to which the liability (directly or indirectly) relates.
8.1. These Terms shall be governed by and construed in accordance with Belgian law.
Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts and tribunals of Brussels, Belgium.
8.2. Whenever possible, the provisions of these Terms shall be interpreted in such a manner as to be valid and enforceable under applicable law.
If, at any time, any provision of the Terms, or a part thereof, is or becomes, or is adjudicated by any court of competent jurisdiction or public authority to be, illegal, invalid or unenforceable in any respect under the law of any jurisdiction, this shall not affect or impair:
- The legality, validity or enforceability in that jurisdiction of any other provision of the Terms; or
- The legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of the Terms, and the illegal, invalid or unenforceable provision will be replaced by a legal, valid and enforceable provision which most closely achieves the initial intent of the parties.
8.3. Upon the occurrence and cessation of a force majeure event (hereafter “Force Majeure”),
VIRTINAC shall not be deemed to be in default of its obligations whilst performance thereof is prevented by Force Majeure. Force Majeure events include, without limitation, power failure(s), failure of the internet, computer network or telecommunication facilities, war, fire, act of terror, strike, riots, embargos, defects in the software, materials, or materials of third parties which are required to be used.
8.4. No failure to exercise or delay in exercising any right or remedy under the Terms shall constitute a waiver thereof and no waiver by either Party of any breach or non-fulfillment by the other Party of any provision of these Terms shall be deemed to be a waiver of any subsequent or other breach of that or any other provision hereof.
No single or partial exercise of any right or remedy under these Terms shall preclude or restrict the further exercise of any such right or remedy.