Terms and Conditions

General terms and conditions for all courses

 

Standard Terms for the Purchase of Online Courses

These terms and conditions apply to Services provided by Vivus Academy (“Vivus Academy” or “we” or “us”).
You may contact us on support@vivusacdemy.com and/or +2348162294873.
These terms and conditions apply to the sale of any Online Course and/or Taught Course.  Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.

For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you.  If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Vivus Acedemy to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Vivus Acedemy for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person.
“Website” means www.vivusacademy.com.
“you” means the individual purchasing the Services.

All other terms of service not clearly explained or defined explicitly on this Terms and Conditions will be based on Vivus Academy’s definition whenever the need arises.

2. The Services

2.1. A description of the Services together with the dates on which the Services will begin are available on our Website.  We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice or payment refund.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

3. Ordering Services

Purchasing Services via the Website
In order to purchase any of the Services on-line you must register for an account with us via the Website.  If you already have an account with us you can log into your account using your user name and password.

5. Fees

5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services, the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you.  Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry.  These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card or as mobile transfer transaction at the time of purchase.  Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Vivus Academy shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.

6. Liability

6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Vivus Academy aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Vivus Academy total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall not be returned.
6.5. Nothing in this Agreement shall exclude or limit Vivus Academy’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Nigerian law may not be limited or excluded.

7. Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Vivus Academy or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Vivus Academy on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.

8. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.

9. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

  1. fail to pay when your Fees are due;
  2. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Vivus Academy, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
  3. cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
  4. steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;
  5. intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
  6. are intoxicated through alcohol or illegal drugs while on our premises;
  7. commit any criminal offence committed on our premises or social media platforms or where the victim is our employee or student;
  8. are in breach of these terms and conditions.

9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

10. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

11. Entire Agreement

These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

12. Force Majeure

Vivus Academy shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

13. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

14. Data Protection

14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Vivus Academy.
14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
14.5. Our products may link to third-party websites and we are not responsible for their data policies or procedures or their content.
14.6. Vivus Academy endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.7. Vivus Academy may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
14.8. If you wish to change or update the data we hold about you, please e-mail support@vivusacademy.com or contact us on +2348162294873

15. Law and Jurisdiction

This Agreement is subject to Nigerian law and the parties submit to the exclusive jurisdiction of the Nigerian courts in connection with any dispute hereunder.

16. Notices

You can contact us by any of the following methods:
Email: support@vivusacademy.com
Telephone: +2348162294873

Referral Terms and Conditions

Please note that the Transfez Service Agreement and Privacy Policy agreed to by you apply to your participation in the referral program. These program terms and conditions (“Agreement”) supplement the Transfez Service Agreement and Privacy Policy. Please consult the Transfez Service Agreement and Privacy Policy before agreeing to these additional terms and conditions. Please read this Agreement carefully before you participate in Transfez Referral Program. By using Transfez Referral Program, you confirm that you accept this Agreement and that you agree to comply with it. If you do not agree to the terms of this Agreement, you must not use Transfez Referral Program.

General

    1. Promoter

Promoter of the Transfez Referral Program (“Program”) is PT. Indo Koala Remittance, incorporated in Indonesia under company number 9120007790231 and whose registered office is at Jalan Tebet Raya no. 45B, Jakarta Selatan (“Transfez”).

    1. Acceptance of key conditions

By participating in the Program, you as existing customers of Transfez (“Referrers”) and your friends that you refer (“Referred Friends”) are deemed to accept the following key conditions.

    1. Eligibility

You must be existing Transfez customers. Referred Friends must not have already signed up to Transfez or be an existing customer, already transfer with Transfez. The program is open to Referrers and Referred Friends who are over 17s only. Each qualified person you invite shall only make transfers from bank account which is in their name. Transfez reserves the right to verify referrers and Referred Friends, and require proof of eligibility.

    1. Reward

Subject to your compliance with the terms of this Agreement, Transfez shall pay you a “Reward” to your personal bank account if you meet the Program requirements (as in force at that time). Learn about how the Program works, including how many friends you need to invite.

The amount of the Reward you will be entitled to is IDR 750,000 and the Reward for your Referred Friends is free first transaction fee.

    1. Qualifying Transaction

A Qualifying Transaction is a transaction with minimum send amount IDR 3,500,000. Note that this total value is subject to change. The Qualifying Transaction must be done via Transfez App, and the Referred Friend must complete the transaction before Referrer can receive the Reward.

Vivus Academy Referral Program

Inviting friends is the key of this Program. The more people purchase courses, the better it is for everyone.

  1. Get money when you invite a friend: We’ll reward you for inviting a bunch of friends. Once you have joined the Program, you will receive a Reward for every Referred Friend that purchases their first course on Vivus Academy. That’s it! Start inviting your friends now.
  2. Duration: You will have the opportunity to earn Rewards from the first time you join Vivus Academy. There is no limit on the number of friends you can share the referral code with or the number of Rewards that can be earned by you. Rewards will only be earned in relation to first successful paid course purchases by Referred Friends.
  3. Qualification for Reward: For a Referrer to qualify for a Reward, your Referred Friend must finish the payment for his first course.
  4. Multiple Rewards for Referrers: You can earn the Reward multiple times. So if you successfully receive your first Reward, you can still receive the Reward after you successfully again have 1 more Referred Friend that purchases a paid course. Just invite more friends and receive more Rewards.
  5. Multiple Referrals: A Referred Friend may only use one referral code. If a Referred Friend receives referral code from multiple Referrers, only the Referrers associated with the referral code actually used by the Referred Friend will receive the Reward.

Transactions for Rewards to Referrer.

    1. Referrer cannot be the recipient: It will not count as an Eligible Transaction if the Referrer is the Recipient of the transaction. This can be classified as Prohibited Use.
    2. Notification: You will be notified in Promotions Menu on Vivus Academy once a Referred Friend has made a successful purchase. However, in accordance with the terms of Termination and Amendment number 2 and other relevant provisions in the Referral Program Terms and Conditions, Vivus Academy has the absolute authority to remove the Prize, change the notification, or do other things that are necessary if a violation is found.

Terms and Conditions of this Referral Program.

  1. Claim Reward: Reward may only be received via bank transfer from Vivus Academy. You can claim the Reward for every  Referred Friend who use your referral code to purchase a course on Vivus Academy.
  2. Payment Schedule: Referral Payment is made weekly by Vivus Academy to referrers.
  3. Payment Method: You must provide your identity (full name and account number). Please understand that Prizes can only be sent to Banks in Nigeria, while referrers outside Nigeria will receive payment through Crypto. When using Crypto, payment rate would be as determined by Vivus Academy. Vivus Academy is not responsible if the payment is sent to the wrong account number due to a writing error by the Referrer.

Prohibited Uses

You may only use our Program in good faith for lawful purposes. You may not:

  1. Invite others that have created duplicate accounts;
  2. Invite others to make transactions to escrow accounts in other countries, including not limited to virtual accounts issued by overseas financial technology companies and banks, to get referral bonuses.
  3. Create more than one account in order to invite yourself;
  4. Invite fictitious persons;
  5. Use alternative contact information to refer yourself or others that have created duplicate accounts;
  6. Invite an existing customer of Vivus Academy;
  7. Do anything that damages Vivus Academy’s brand, goodwill, or reputations;
  8. Use the Program in any way that breaches any applicable local, national or international law or regulation or any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  9. To transmit any unsolicited or unauthorized advertising either via paid search or any other similar activity, including channels that can damage the Vivus Academy brand, goodwill, or reputation; or
  10. To transmit any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

We further emphasize that along with adhering to the list of prohibited actions for our users, it is also your responsibility not to allow these actions to be done by others.

Identification Documents

  1. Vivus Academy may require identification documents from you prior to making payments.
  2. Vivus Academy shall not be in breach of this Agreement (nor have any obligation to pay you) if you do not (in Vivus Academy’s sole and absolute discretion) provide the identification documents requested by Vivus Academy.

Data Protection

You represent and warrant to us that you have obtained express consent from the individuals whose data you provide us with.

Termination and Changes

  1. Vivus Academy may suspend or terminate the Program or a user’s ability to participate in it at any time for any reason.
  2. Vivus Academy reserve the right to suspend accounts or remove Reward (in its sole and absolute discretion) if we notice any activity that we believe is abusive, fraudulent, or in violation of Vivus Academy.
  3. Vivus Academy reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals at our sole discretion as deemed fair and appropriate. When a breach of this Agreement has occurred, Vivus Academy may take such action as we deem appropriate, including (but not limited to) termination of this Agreement, closing your account(s), closing third party account(s), and suspending the Program.
  4. Vivus Academy reserves the right to modify or end the referral offer at any time, for all new and old referrers. By continuing to invite friends after an update to the terms, you are indicating that you are accepting them.

Limitation of Liability

Vivus Academy accepts no liability for any use of the Program which does not comply with this Agreement.

Update to the Terms

  1. Vivus Academy can update (amend, alter, or change) these terms at any time without prior notice.
  2. Continued participation in the Program after any modification shall constitute consent to such modification.
  3. Vivus Academy reserves the right to terminate the Program at any time, without notice. In the event the Program is terminated, Vivus Academy will not be obliged to credit any accounts that would have otherwise qualified for Reward.

Applicable Law

  1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Nigeria.
  2. Each party irrevocably agrees that the courts of Nigeria shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
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