Dragons’ Den Online Educational
Programme Terms of Service
THIS LICENCE AGREEMENT IS ENTERED INTO BETWEEN Dialectyx Solutions Ltd a company registered in England and Wales number 03037178; office Clarendon House 52 Corn market Street, Oxford, OXFORDSHIRE OX1 3HJ, England (“DIALECTYX”) AND currently registered students of The University of Hertfordshire, Hatfield, AL10 9AB, UK (“END USER”) on the 13th November 2011 (“DATE OF AGREEMENT”).
1. The Online Educational Programme
The subject of this Licence is the DIALECTYX internet browser based Dragons’ Den Online Educational Programme (“DDOEP”) based on the underlying MyFirstMillion (“MFM”) platform in which this Licence is embedded and any related updates provided to END USER, including computer software and, where applicable, associated media, printed materials and online or electronic documentation.
2. Standard Licence Grant
END USER is hereby granted, by DIALECTYX upon the following terms and conditions including payment of any applicable Licence fee, a non-exclusive, non-transferable Licence, for its internal, end-use purposes only (excluding the commercialisation of information technology products and/or services), in the ordinary course of END USER’S business.
3. Licence Grant & Restrictions
The DDOEP which is the subject of this agreement is licensed on an online session basis to authorised (individual) users / participants only of the END USER. License usage is subject to launch terms and condition. END USER may not use or copy the DDOEP, in whole or in part, except as expressly provided for in this licence. END USER may not modify, translate, reverse engineer, decompile, disassemble or create derivative works of the DDOEP or otherwise attempt to (a) defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms in the DDOEP including, without limitation, any such mechanism used to restrict or control the functionality of the DDOEP or (b) derive the source code or the underlying ideas, algorithms, structure or organisation form of the DDOEP. END USER will at all times, including during and after the term of this licence, keep the DDOEP confidential. End User shall comply with all applicable export laws and regulations.
4. Intellectual Property Ownership
The DDOEP experiences are protected by copyright and are proprietary and confidential to DIALECTYX. All right, title and interest in and to the DDOEP (including associated intellectual property rights) are and will remain vested in DIALECTYX or DIALECTYX’s affiliated companies or superior licensor or authorised sub-licensees. These rights are protected by national and other laws and international treaties. END USER acknowledges that no rights licence or interests to any DIALECTYX trademarks or trademarks of any superior licensor are granted hereunder.
5. Term of Licence
This Licence shall be in effect from the DATE OF AGREEMENT, thereby accepting the terms and conditions contained herein, or otherwise expressly accept the terms and conditions of this Licence, and shall remain in effect until terminated. This Licence will terminate upon the conditions set forth in this Agreement or if END USER fails to comply with any term or condition of this Agreement including failure to pay any applicable Licence fee. Payment is strictly in advance (unless otherwise agreed in writing from DIALECTYX).
6. Charges and Payment of Fees
END USER shall pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time. END USER is responsible for paying for all sessions, whether or not such sessions are used.
7. Limited Warranty
DIALECTYX warrant that, for a period of ninety (90) days from the DATE OF AGREEMENT, the DDOEP will perform in all material respects in accordance with any accompanying user manual, and the media on which the DDOEP resides will be free from defects in materials and workmanship under normal use. DIALECTYX does not warrant that the functions contained in the DDOEP will meet END USER’s requirements, or that the operation of the DDOEP will be error free or uninterrupted. DIALECTYX services may be subject to delays and other problems inherent in the use of the internet and other electronic communications. DIALECTYX is not responsible for any delays, failures or other damage resulting from such problems. END USER must notify DIALECTYX in writing of any limited warranty claims within the limited warranty period.
8. Limitation of Liability
DIALECTYX’s entire aggregate liability and END USER’s exclusive remedy under the limited warranty provision shall be, at DIALECTYX option, either (a) return of the price paid for the DDOEP, or (b) repair or replacement of the portions of the DDOEP that do not comply with DIALECTYX’s limited warranty. This limited warranty is void and DIALECTYX shall not have any liability at all if failure of the DDOEP to comply with DIALECTYX‘s limited warranty has resulted from: (a) failure to use the DDOEP in accordance with the on-line instructions or other current user manual supplied by this agreement; (b) accident, abuse, or misapplication; (c) products or equipment not specified by DIALECTYX as being compatible with the DDOEP; (d) if end user has not notified DIALECTYX‘s or the distributor in writing of the defect within the above warranty period; (e) failure to install any update provided by DIALECTYX or the distributor; or (f) alleged errors or defects which are not reproducible by DIALECTYX.
Except and to the extent expressly provided above, the DDOEP is provided “as is” without any warranty or condition of any kind, either express or implied. Without limitation, to the fullest extent allowable by law, this exclusion of all other warranties or conditions extends to implied warranties or conditions of merchantable quality and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade. The aggregate liability of DIALECTYX and/or the distributor, if any, arising out of or in any way related to this agreement or the subject matter hereof, is limited to direct money damages not to exceed the total of prior payments made by END USER to DIALECTYX and/or to the distributor for the DDOEP, or, at DIALECTYX’s discretion, to replacement of the DDOEP or equitable adjustment of the payments. Notwithstanding anything to the contrary contained herein, in no event shall DIALECTYX and/or the distributor be liable under any theory of contract, tort, strict liability or other legal or equitable theory for any indirect, consequential, special or incidental damages, even if DIALECTYX and/or any distributor has been advised of the possibility thereof including, without limitation, lost profits, lost business revenue, other economic loss or any loss of recorded data arising out of the use of or inability to use the DDOEP or the cost of procuring substitute products or services.
9. General Provisions
The limitations of liability and ownership rights of DIALECTYX contained herein and END USER’s obligations following termination of this Agreement shall survive the termination of this Agreement for any reason.
END USER may not sublicense, assign, share, pledge, rent or transfer any of its rights under this Agreement in relation to the DDOEP or any portion thereof including documentation. No amendments or modifications may be made to this Agreement except in writing signed by both parties. If one or more provisions of this Agreement are found to be invalid or unenforceable, this Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect.
10. 30 day money back guarantee or Exchange
1. 30 day money back guarantee
1.1 Dialectyx Solutions Ltd will issue a full refund, so long as you are within the 30 day period from the date you purchased the programme.
All you have to do is:
A. Email us at email@example.com and
B. Provide us with:
Date you purchased &
Your transaction ID (which can be found in your confirmation email when you purchased the product).
2.1 Dialectyx Solutions Ltd does not provide any exchanges.
11. Delivery/Access Policy
The DDOEP is accessed completely online through the web browser (Subject to the recommended specifications- See FAQs)
12. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and merges all prior communications except that a “hard-copy” form of licensing agreement relating to the DDOEP previously agreed to in writing by DIALECTYX (1) and END USER (2) shall supersede and govern in the event of any conflicting provisions. This Agreement shall be governed by the laws of England and Wales
END OF TERMS OF SERVICE AGREEMENT
DATA PROTECTION POLICY
Dialectyx is committed to user privacy. Your data is covered by the policy on the “protection of individuals with regard to the processing of personal data by the Community institutions” which is based on Regulation (EC) N° 45/2001 of the European Parliament and of the Council of 18th December 2000.
You can browse freely through most of the Dialectyx websites without giving any information about yourself. However, in some cases, personal information may be required in order to enable us to provide the e-services you request. In such cases, this personal information is treated according to the policy described in the above-mentioned regulation.
Any personal information you provide to Dialectyx or its partners will be held securely, and your personal details will not normally be disclosed to third parties. In some circumstances, however, we may need to disclose your personal details to a third party so that they can provide a service you have requested, or fulfill a request for information. Any information about you that we pass to a third party will be held securely by that party, and used only to provide the services or information you have requested, we will not store any of your credit card details.
Dialectyx will not divulge your personal data to third parties for direct marketing purposes. We will disclose information we maintain when required to do so by law, for example in response to a court order. We also may disclose information in response to a legitimate request from an official law enforcement agency (e.g. the police, or an investigating magistrate).
Although we take appropriate measures to safeguard against unauthorised disclosures of information, we cannot guarantee that personally identifiable information will never be disclosed in a manner that is inconsistent with this Privacy Notice. Inadvertent disclosure may result, for example, when third parties misrepresent their identities in asking the site for access to personally identifiable information about themselves for purposes of correcting possible factual errors in the data.
Some Dialectyx web pages contain links to other websites. We are not responsible for the privacy policies or practices of third party websites. We have no way of influencing the practices of other providers with respect to data protection, nor do we carry out any checks to ensure that they conform with the relevant legislation.
We have put in place, and we regularly review and update, appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorised access, maintain data security, and correctly use the information we collect on-line. Agents and contractors of the European Union who have access to personally identifiable information held by members or partner organisations of Dialectyx are required to protect this information in a manner that is consistent with this Privacy Notice.
You have the right to obtain a copy of any personal information that we hold about you, to correct or update this information. You can request to delete your registration data if there are no outstanding issues. By deleting your data, you terminate any related services and access rights. If you wish to access or correct your personal information, please contact Dialectyx via email: firstname.lastname@example.org
By using our website, you implicitly agree to accept the use of your personal data as specified above. This present statement of data protection conditions came into effect on 1 December 2012.
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