Terms & Conditions
ONLINE COURSES TERMS & CONDITIONS
These Terms & Conditions apply to students using our online services (“Online Courses”). By booking on an Online Course you confirm you have read and accepted the below Terms.
i. ‘Acceptance’ or ‘Accepted’ means WSA sends the Student an email confirming the Student has been accepted onto a Program.
ii. ‘Application’ means submitting an application on the WSA website (www.worldscholarsacademy.com).
iii. ‘Business day’ means Monday to Friday.
iv. ‘Commencement Date’ means the start date of the chosen Program.
v. ‘Contract’ means the legally binding arrangement that WSA enters in to with the Student once the Student has been Accepted on the Program and is subject to these Terms & Conditions as well as other documents to which they refer.
vi. ‘Intellectual Property Rights’ shall mean copyright (and related rights), designs, patents, trademarks, confidentiality, confidential information and all other intellectual property rights that may subsist or will subsist in the future. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant).
vii. ‘WSA’ means the World Scholars Academy, a business with registered address at 1188 Bishop Street, Honolulu, HI 96813, UNITED STATES.
viii. ‘Online Guidelines’ means WSA’s Online Guidelines, which are linked to in the Appendix.
ix. ‘Program’ means WSA’s program as described on its website (www.worldscholarsacademy.com).
x. ‘Online Course’ means any WSA online Program (including, but not limited to, online courses, conferences and internships).
xi. ‘Student’ means the student and, where he is a minor, includes his parents or guardian
xii. ‘Student Information Form’ means the important form the Student is asked to fill in before the Commencement Date.
xiii. ‘Student Content’ means any content the Student provides during the Program, including any content on the Platform. Such content shall at all times comply with the Online Guidelines.
xiv. ‘Graduate’ means the Student successfully completes and graduates from the Online Course, and includes the event at which the graduation is announced (‘Graduation’), Graduation Certificate and, where applicable, Tutor Report or Letter of Recommendation
xv. ‘Platform’ means the technology platform that hosts and delivers Content.
xvi. ‘Content’ means educational live or recorded video, audio and written content provided by WSA Tutors.
xvi. ‘Tutor’ means an WSA tutor, mentor, speaker or staff member.
2) Application and Student Information Form
i. By making an Application, the Student acknowledges that they have read this Contract and that they will be bound by this Contract if they are notified of Acceptance by WSA.
ii. The Student must be aged between 12-19 at the start of the Program unless otherwise agreed in writing.
iii. The Student must be able to speak, understand and read English to an Intermediate/Upper Intermediate/Advanced English level. The Student’s English language level must be above Common European Framework Level C1. If WSA determines at its sole discretion that the Student’s English proficiency is not at this level, WSA reserves the right to either remove the Student from his Program without refund, or transfer him to a course of English Language private tuition (in which case the Student will be required to pay any additional fees).
iv. If the Student does not fill in the Student Information Form before the Commencement Date, or, in the sole judgement of WSA, has not filled this in accurately or comprehensively, WSA can’t be responsible for any acts or omissions WSA makes related to any information that would have otherwise been expected to have been written on the Student Information Form.
i. By submitting an Application, this does not constitute Acceptance. Any Acceptance is solely at the discretion of WSA subject to reviewing the Student’s Application, including their personal statement. WSA may request further information before making a decision regarding Acceptance.
ii. The Student’s place is not confirmed until they have paid the full fees and WSA has confirmed their place in writing.
iii. WSA reserves the right to withdraw any offer that is made to the Student, or terminate the Contract if it transpires that the Application is inaccurate or incomplete.
i. Fees are inclusive of taxes where appropriate and when outlined on the invoice.
ii. Payment must be made in US dollars via Square, Paypal, Wise, bank transfer, check, or, at the discretion of WSA, by another method. The Student should bear in mind that some banks will charge a fee for transferring the money, or the exchange rate may fluctuate, and it is the Student’s responsibility to cover these payments and ensure that the exact amount is received by WSA.
iii. The Online Course fees are not refundable in any circumstance except in accordance with clause 5 (i).
iv. If any fees are late, interest will be payable by the Student, calculated on a daily basis at the rate of 7% p.a. above the Federal Funds rate.
v. All payments made or to be made under this Contract shall be made in full, without any deduction, withholding, set-off or counterclaim on account of any taxes or otherwise.
i. The Student has the right to cancel this Contract and receive a refund of their Online Course fees, net of any bank charges, credit card fees or foreign exchange losses, if the cancellation is made within the refund period (in which case the Student will be refunded the Online Course fees).
ii. The refund payment will be repaid to the Student within 30 days following cancellation.
iii. If the Student wishes to cancel this Contract in accordance with clause 5.i, WSA must be notified in writing here.
iv. If the Student cancels other than in accordance with clause 5 (i) and does not give notice in accordance with clause 5 (iii), then they shall not be entitled to a refund (including, for example, cancellation as a result of illness before or during the Program, for which Students are advised to arrange insurance to cover such eventualities), nor shall the Student be entitled to carry forward the fees to another year, nor shall the student be entitled to transfer their place or funds paid to another Student, unless otherwise stated.
i. WSA reserves the right at any time to terminate this Contract by written notice without refunding any fees to the Student if WSA determines at its sole discretion that:
a) Payment of the fees in full has not been made within 7 days of the invoice.
b) The Student has not fully filled in the Student Information Form before the Commencement Date, or, in the sole judgement of WSA, has not filled this in accurately or comprehensively.
c) The Student has not updated WSA immediately about any changes to the details in the Student Information Form.
d) In the sole judgement of WSA, the Student is medically unfit to participate on the Program.
e) The Student rejects being moved by WSA from its course to a course of English language private tuition, or does not pay the additional fees for this, after WSA has determined at its sole discretion that the Student’s English proficiency is not at the level required for the Program, in accordance with clause 2 (iii).
f) The Student has behaved unacceptably, missed classes, broken any of WSA’s Online Guidelines or any US law. WSA also reserves the right to refer such instances to the relevant authorities such as the police.
g) In the event that WSA terminates this Contract under this section 6), the Student will not be allowed to Graduate, will be prohibited from attending the Graduation ceremony and will not receive their graduation certificate, or letter of recommendation or tutor report (or, if the Student has been issued with their Graduation certificate, letter of recommendation or tutor report these will be withdrawn).
ii. The rights, liabilities or remedies of either party shall not be affected after termination, nor will the continuance of any of this Contract’s provision (to the extent to which it is expressed or by implication intended to continue).
7) Limitation of Liability
i. WSA will not be liable to the Student or any connected persons for any claims, costs, expenses or damages (including but not limited to property, personal belongings or money), losses (including but not limited to loss of profits, revenue, data, contracts or opportunities) or any liabilities of any kind (whether direct or indirect), except for death or personal injury resulting from proven negligence in an US court of law. Without limiting the generality of this clause, WSA will not accept liability in the following circumstances:
a) Loss of or damage to personal belongings whether or not caused by WSA’s negligence. Students are advised to arrange insurance to cover such eventualities
b) If the failure or improper performance of this Contract is the fault or part-fault of the Student, or is the fault of someone else not connected with WSA or third parties involved in the provision of the Program.
c) Any unusual or unforeseeable circumstances beyond WSA’s control, the consequences of which could not have been avoided even if all due care had been exercised.
d) If the failure or breach of this Contract is in whole or in part attributable to the occurrence of any event that WSA could, even with reasonable care, not have foreseen.
ii. The Student will indemnify and keep indemnified WSA from and against any losses, claims, costs, expenses or damages or any liabilities of any kind incurred by it as a direct or indirect result of a breach of this Contract or a violation of WSA’s Online Guidelines by the Student.
iii. Where WSA makes any payment to the Student arising from this Contract, the Student must assign to WSA or its insurers any rights it may have to pursue any other third party. The Student must also provide WSA and its insurers with all assistance required.
8) The Student agrees:
i. Not to participate in any act or illegal activity that may bring WSA, any of its facilities or software WSA uses into disrepute.
ii. To abide by WSA’s Online Guidelines and the decisions of WSA’s staff. In the event of any breaches of these Online Guidelines or decisions of WSA’s staff, WSA reserves the right terminate this Contract in accordance with Clause 6.
iii. To abide by WSA’s policies (available on request) including, the Online Guidelines.
iv. To indemnify WSA from and against any and all damages, losses, expenses, claims, costs and reimbursements as a result of any infringement by the Student of any third party’s Intellectual Property Rights.
v. To indemnify WSA from and against any and all damages, losses, expenses, claims, costs and reimbursements arising from any connection with any act or omission of the Student.
vi. To behave considerably, responsibly and co-operatively towards anyone involved with WSA, including fellow students, tutors and staff.
vii. Not to damage property, premises or persons, and to fully indemnify WSA for any costs incurred in such damage.
viii. Not to make use of the name, logos, crest, trademarks, coat of arms or insignia of WSA except where written permission has been given.
ix. Not to publish any material by any medium relating to WSA, its staff, students, facilities or any other person or body WSA has a relationship with without WSA’s written permission.
x. Not to give interviews or statements to any form of media outlet (including social media) in relation to WSA unless given written permission to do so by WSA.
xi. To immediately withdraw any material given to any form of media outlet (including social media) where permission was not given by WSA.
xii. To provide WSA with an unlimited worldwide license to use any Student Content for its business use and promotional activities, to warrant that any work it creates as part of its participation in a Program is not plagiarized and does not infringe any third party Intellectual Property Rights, and to provide an unlimited license to WSA to use such work on its marketing materials, website and social media.
xiii. That live Program content may be recorded, stored and used by WSA, for Program quality control and advertising purposes.
xiv) That anything the Student posts on the Platform or on any other software WSA uses (such as Zoom) will represent their own views and will not contain (or link to) any unlawful, threatening or offensive material and the Student agrees to be fully liable and to indemnify WSA for any damage caused by their breach of this clause.
i. All notices shall be in English and in legible writing and be deemed duly given if signed by, or on behalf of, a duly authorized officer of the party giving the notice.
ii. Notices shall be deemed to have been duly given:
a) when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
b) when sent, if transmitted by e-mail and a successful transmission report or return receipt is generated; or
c) on the fifth business day following mailing, if mailed by ordinary national mail, postage prepaid; or
d) on the tenth business day following mailing, if mailed by international mail, postage prepaid.
In each case addressed to the most recent address, e-mail address, or facsimile number notified to the other party.
iii. Service of any document for the purposes of any legal proceedings concerning or arising out of this Contract shall be effected by either party by causing such document to be delivered to the other party at its registered or principal office, or to such other address as may be notified to one party by the other party in writing from time to time.
10) Data Protection
WSA will comply with the General Data Protection Regulation. Full details of how WSA handles the personal data of Students and others are contained in the Data Protection Policy.
11) Force Majeure
i. WSA shall not be liable for any failure, delay or part-performance in performing their obligations where such failure or delay results from any cause that is beyond their reasonable control. Such causes include, but are not limited to: power failure, Internet Service Provider failure, third party service or facility withdrawal, industrial action, civil unrest, fire, flood, storms, earthquakes, outbreak of contagious or other notifiable human or animal infection, disease or condition, air traffic disruption, acts of terrorism, acts of war, governmental action or changes in legislation/regulation, any direction of a competent local or national authority (or fear of such), or any other event that is beyond the control of WSA (“Force Majeure Event”).
ii. If a Force Majeure Event or disruption from such an event occurs, WSA may terminate this Contract by written notice to the Student.
iii. Should the Program be cancelled, postponed or otherwise adversely impacted as a result of a Force Majeure Event, there shall be no refunds for payments already received by WSA. If economically and administratively viable for WSA to do so, WSA will make all reasonable efforts to offer a place at a future Program to the Student, subject to availability, and shall not be liable for any additional expenses the Student may incur (including, but not limited to, travel or accommodation) because of cancellation or postponement of the Program and in attending a future Program. WSA shall not be required to offer such an alternative place, does not guarantee that it will do so, and shall not be required to offer any refund or monetary compensation to the Student in such cases. For the avoidance of doubt, the occurrence of a Force Majeure Event shall in no circumstances place any requirement on WSA to make any form of reimbursement, compensation or refund.
12) Recordings & Promotional activities
i. Online sessions may be recorded and the recording may be made available publicly to enable other students and parents to be able to watch the recording. If the Student does not agree to this, they must not turn their camera on during the recording
ii. The Student should advise WSA in writing before the Commencement Date if he/she would prefer not to participate in recordings or photographs for promotional purposes and unless otherwise instructed in writing beforehand, WSA may use these images for its business use and promotional activities on an ongoing basis
iii. At the end of the Program, WSA will ask the Student to fill in an evaluation questionnaire. WSA may use statistics and quotes from these to promote future Programs, and may credit the Student’s name and school next to these quotes. The Student should advise WSA in writing before the Commencement Date if he would prefer for WSA not to use this information in future publicity.
WSA is an organisation which may contract with external organizations.
i. Whether or not the Student Graduates or receives a certificate, report and/or letter of recommendation is at the discretion of WSA. In order to Graduate from an Online Course, the Student must:
a) attend all compulsory sessions for the full duration of the Online Course (except those for which the student is ill where the illness is certificated by WSA at their entire discretion), and have participated positively and appropriately;
b) complete to an appropriate level and hand in all work required by the Student’s tutor or mentor;
c) not plagiarize any work;
d) not have had the Contract terminated by WSA.
ii. If WSA becomes aware of any breach to these Terms & Conditions, or the Online Guidelines, after the Online Course, WSA reserves to right to withdraw the Graduation certificate, tutor report and/or letter of recommendation which has been conferred onto the Student.
i) The Student represents and warrants that he:
a) Will not share any login details or otherwise enable unlawful access to the Platform or recorded lessons by any other person.
b) Will not scrape, copy, share or otherwise extract the Content from the Platform or recorded lessons.
c) Nothing in these Terms & Conditions assigns or transfers to the Student any rights, title or interest (including any Intellectual Property Rights) in the Platform or the Content.
d) Except as expressly warranted in these Terms & Conditions, and except to the extent prohibited by law, WSA disclaims all implied representations and warranties regarding the Content including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. WSA makes no representation that the Content will be error-free, correct, accurate, complete, reliable, secure, current or up-to-date. WSA is not liable for the availability and/or functionality of the Platform or any liability caused by any acts or omissions of the Tutors. All issues with the Platform (including, without limitation, its availability and functionality) are the sole responsibility of the Platform Provider
ii) WSA reserves the right to remove or edit any Content or Student Content at any time.
i. Nothing in this Contract shall be construed as creating a partnership with the Student.
ii. The Student may not subcontract any rights under this contract to another person or company without the consent of WSA.
iii. WSA may assign all or any of its rights under this Contract to any person or company without any requirement to notify or obtain further consent of the Student.
iv. No amendments of this Contract shall be effective unless confirmed in writing and signed by both WSA and the Student.
v. No waiver by WSA of any breach of these terms shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given.
vi. Whilst every effort has been made to ensure that this Contract adheres strictly with fair contract terms, 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 this Contract and shall not affect the validity and enforceability of the remaining terms. This term shall apply only within jurisdictions where a particular term is illegal.
vii. The headings in this Contract are for convenience only and shall not affect the interpretation of the Contract.
viii. Words imparting the singular shall include the plural and vice versa.
ix. References to any sex shall include the other sex.
x. WSA makes every effort to provide an accurate description of the Program, but can make no guarantee about the content or structure, which may change.
xi. WSA reserves the right to cancel Programs (for reasons including, but not limited to, insufficient numbers of students signed up for the course), in which case WSA will make every effort to transfer the Student to another Program.
xii. WSA reserves the right to modify or cancel the Program, and to make alterations to the program, terms, rules, policies, courses and tutors at any time before or during the Program without the Student’s consent. WSA shall not be held responsible for any inconvenience caused and extra expenses incurred.
xiii. Wherever possible, WSA will try to accommodate the Student’s reasonable requests for a change to his booking (e.g.: change of course or change of dates) but cannot guarantee and is under no obligation to do so.
xiv. Photographs are provided as an example only and WSA’s tutors, classrooms or other facilities may be different to those displayed.
xv. No advice or information provided by WSA or WSA’s Tutors at any time shall create any legal obligation and WSA makes no warranty that WSA’s courses or services shall meet the Student’s requirements or be fit for a particular purpose.
xvi. Where any WSA policy differs with these Terms and Conditions, these Terms and Conditions shall prevail.
xvii. WSA may revise these terms from time to time. The most current version will always be posted on WSA’s website. Any material changes will be notified to the Student by email.
xviii. This Contract shall be governed by the laws of the United States.
xix. Each party irrevocably submits to the exclusive jurisdiction of the courts of the United States, to settle any dispute or question relating to this Contract, or any other matter.
WEBSITE TERMS & CONDITIONS
These Terms & Conditions apply to the use of our Website.
This agreement applies as between you, the User of this Website and WSA, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the 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 dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1) Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
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;
means the World Scholars Academy Ltd, 1188 Bishop Street, Honolulu, HI 96813, USA;
means collectively any online facilities, tools, services or information that WSA makes available through the Website either now or in the future;
means the services available to you through this Website, specifically the provision of information on the World Scholars Academy Ltd;
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;
means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
Means our place(s) of business located at 1188 Bishop Street, Honolulu, HI 96813, USA;
means any online communications infrastructure that WSA 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 WSA and acting in the course of their employment; and
means the website that you are currently using (www.worldscholarsacademy.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2) Age Restrictions
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.
3) Service Terms and Conditions
These Terms and Conditions apply purely to the use of the Website.
4) Intellectual Property
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 WSA, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.
4.2 Subject to Clause 6 you 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 express written permission to do so by WSA.
5) Third Party Intellectual Property
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 Subject to Clause 6 you 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.
6) Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in the fair use doctrine and U.S. Copyright Act of 1976 apply.
7) Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of WSA or that of our affiliates. We assume no responsibility for the content of such web sites 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.
8) Links to this Website
Those wishing to place a link to this Website on other sites may do so to any page on the site without prior permission.
9) Use of Communications Facilities
9.1 When using the inquiry form or any other System on the Website you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You 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;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to inquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of WSA or our affiliates; and
9.1.7 You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that WSA reserves the right to monitor any and all communications made to us or using our System.
9.3 You acknowledge that WSA may retain copies of any and all communications made to us or using our System.
9.4 You acknowledge that any information you send to us through our System or post on the WSA website may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you 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.
10) Services, Pricing and Availability
10.1 Whilst every effort has been made to ensure that all descriptions of Services available from WSA correspond to the actual Services, WSA is not responsible for any variations from these descriptions.
10.2 WSA does not represent or warrant that such Services will be available. Availability indications are provided on the Website however these may not take into account orders that have taken place during your visit to the web site.
10.3 All pricing information on the Website is correct at the time of going online. WSA reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated periodically.
10.4 In the event that prices are changed during the period between an order being placed for Services and WSA processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
10.5 All prices on the Website include relevant taxes where applicable.
11) Provision of Services
11.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
11.2 WSA shall use its best endeavors to provide the Services with reasonable skill and care.
11.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
13.1 WSA makes no warranty or representation that the Website will meet your 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.
13.2 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.
13.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
13.4 Whilst WSA uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
14) Changes to the Service and these Terms and Conditions
WSA reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If WSA is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
15) Availability of the Website
15.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
15.2 WSA accepts 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.
16) Limitation of Liability
16.1 To the maximum extent permitted by law, WSA accepts 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.
16.2 Nothing in these Terms and Conditions excludes or restricts WSA’s liability for death or personal injury resulting from any negligence or fraud on the part of WSA.
16.3 Nothing in these Terms and Conditions excludes or restricts WSA’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.
16.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of contract law, 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.
17) No Waiver
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.
18) Previous Terms and Conditions
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.
19) Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and WSA.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to WSA. 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.
21) Law and Jurisdiction
These Terms and Conditions and the relationship between you and WSA shall be governed by and construed in accordance with the Law of the United States and WSA and you agree to submit to the exclusive jurisdiction of the Courts of the United States.