DIALOGUE TERMS & CONDITIONS
Thank you for using Dialogue Language Services International Limited’s (“Dialogue”) website (https://dialogueuk.com/) (the “ Website”) and/or Dialogue’s language education platform Kudos (the “Platform”). By accessing and/or using the Website and/or the Platform you agree to be bound by the following terms and conditions (the “Terms”). If you disagree with any part of the Terms then you should exit the Website and cease to use the Platform.
We may amend these Terms from time to time. Every time you wish to use the Website and/or the Platform, please check these Terms to ensure you understand the terms that apply at that time. By continuing to use and access the Website and/or the Platform following any amendments, you agree to be bound by the variations made by us. It is your responsibility to check these Terms from time to time to verify such amendments.
1. SITE OPERATION
The Website is operated by Dialogue. Dialogue is a private limited company incorporated in England and Wales with company number 03663530 who registered office is at Dialogue Knighton House, 35 Milton Road, Swindon, Wiltshire, SN1 5JA.
2. WEBSITE USE
2.1 The Website and the Platform are intended for your exclusive non-commercial use only and, in the case of the Platform, on the basis of one individual user per username. You are prohibited from disseminating the content of the Website and/or the Platform and/or using it for any purpose other than your personal use.
2.2 Users of the Platform (“Users”) shall be subject, at all times, to the subscription terms selected at the point of signing up to the Platform including (but not limited) to subscription term, payment terms and rights of cancellation. Should Users select a free-trial subscription and, upon expiry of the free-trial period, elect not to continue their subscription, then Dialogue undertakes to delete the relevant User’s account and data within a period of 6 months from the date of cancellation of subscription.
2.3 All rights, title and interest (including all copyrights and any other intellectual property rights) in or arising out of the Website and/or the Platform (whether in print, audio, video or otherwise) belong to Dialogue (or its suppliers). You, the user, acquire no ownership of copyright or other intellectual property rights or proprietary interest of any kind in the Website and/or the Platform or any content hosted therein (the “ Content”).
2.4 You may not download or copy the Content and/or any other downloadable items displayed on the Platform for personal and/or commercial use. You shall not store the Content and/or any other downloadable items owned by or licensed to Dialogue in any form on any device.
2.5 You agree that you shall not make any adverse or derogatory comments about us or the Platform and you shall not do anything which shall, or may, bring Dialogue or the Platform into disrepute or harm Dialogue or the Platform’s reputation in any way.
2.6 You must not misuse the Website or the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Dialogue will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
3. PERMISSIONS AND RESTRICTIONS
3.1 You may access and use the Content as made available to you, as long as you comply with these Terms and the applicable law. You may view or listen to the Content exclusively for your personal, non- commercial use.
3.2 The following restrictions apply to your use of the Platform. You are not allowed to:
(a) access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Platform or any Content except:
(i) as specifically permitted by the Platform;
(ii) as permitted by applicable law;
(b) circumvent, disable, fraudulently engage, or otherwise interfere with the Platform (or attempt to do any of these things), including security-related features or features that:
(i) prevent or restrict the copying or other use of Content; or
(ii) limit the use of the Platform or Content.
4. NO REPRESENTATIONS OR WARRANTIES
4.1 Dialogue does not warrant, represent nor endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website or the Platform by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your sole risk. Dialogue reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website or the Platform.
4.2 The Website and the Platform and all downloadable software are distributed on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, or non-infringement. You hereby acknowledge that use of the Platform is at your sole risk.
5. DISCLAIMER AND LIMITATION OF LIABILITY
5.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
5.2 The Content and/or other material on the Platform may include technical inaccuracies or other errors. Your use and browsing of the Platform is at your risk. To the fullest extent permitted by applicable laws, neither Dialogue (nor its officers, employees or consultants) nor any other party involved in creating, producing or delivering the Platform shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Platform.
5.3 Dialogue does not warrant that the functional aspects of the Platform will be uninterrupted or error free, or that the Platform or the server that makes it available are free of viruses or other harmful components..
5.4 To the fullest extent permitted by applicable laws, Dialogue (and its officers, employees and consultants) shall not be responsible for nor have any liability whatsoever to anyone for their use of the Platform including but not limited to use of the Content, software and/or other materials present on the Platform.
5.5 Dialogue reserves the right to make changes to the Platform to improve the user experience. Advanced notice will be posted on the Website if such changes are required.
6. DATA PROTECTION AND PRIVACY
7. GOVERNING LAW AND JURISDICTION
7.1 The formation, existence, construction, performance, validity and all other aspects of these Terms and any non-contractual obligation undertaken or incurred in connection with these Terms will be governed by the laws of England and Wales.
7.2 In relation to any dispute arising out of or related in any way to the Platform the parties irrevocably agree to submit exclusively to the jurisdiction of the Courts of England and Wales.
7.3 Each paragraph of these Terms operates separately. If any court of relevant authority finds any of them to be unlawful then the remaining paragraphs will remain in full force and effect.