Privacy Policy / TERMS & CONDITIONS

Fluentwithdani Terms and Conditions

Below you will find our terms and conditions. If you have any questions or concerns then please email us at: info@fluentwithdani.com.

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(GENERAL TERMS)
(SUBSCRIPTION SERVICES)

(COOKIE POLICY)

User terms

Please read this agreement carefully as it governs your use of the:fluentwithdani.com  websites. By continuing to use the site you are agreeing to the terms that appear below. Some of the services on the sites are free to access. If you are under 18, you should ask your parents to check these terms. If you have any questions, please email: info@fluentwithdani.co.uk 

These terms were last updated on 14 Apr 2020.

Part A: General terms

1. Provision of service

a) The site are owned and operated by Fluentwithdani.  If you are accessing the sites under your school's subscription arrangement, the terms agreed on behalf of your school will apply and will prevail over this agreement.

2. Limited rights to use content

a) All material displayed on the sites (‘content’) belongs to Fluentwithdani. Subject to clause, you may retrieve and display the content on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to an external network) for your own personal, educational, non-commercial purposes.

b) Most of the content on the sites is owned by Fluentwithdani but certain content is used under licence from third parties (‘third party content’) and will be marked with the copyright notice of those third parties. Some of the third party content will be subject to additional restrictions - the relevant copyright notice will make it clear where that is the case. You must comply with such restrictions. Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked, Fluentwithdani will be pleased to make the necessary acknowledgements at the first opportunity.

c) You may not (without prior written permission from Fluentwithdani):

• redistribute      any of the content or supply it to other people (including by using it as      part of any library, archive, intranet or similar service);
• remove      the copyright or trade mark notice from any copies of content made under      this agreement;
• create      a database in electronic or structured manual form by systematically      downloading and storing all or any of the content;
• except      as expressly set out above, modify, reproduce or in any way commercially      exploit any of the content.

3. Participation

a) Fluentwithdani it allows you to submit material or content that you can upload, post, email or otherwise transmit to certain areas of the sites. Fluentwithdani reserves the right to delete, move and edit any material submitted. You are solely responsible for the material or content you submit to the sites. By submitting any teaching resource materials you may also be bound by the terms set out in the Fluentwithdani  (Copyright) and you agree to not use the sites to:

• upload,      post, email or otherwise transmit any content that is unlawful, harmful,      threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,      libellous, invasive of another's privacy, hateful, or racially, ethnically      or otherwise objectionable;
• harm      minors in any way;
• impersonate      any person or entity, including, but not limited to, a Fluentwithdani      staff member, or falsely state or otherwise misrepresent your affiliation      with a person or entity;
• forge      headers or otherwise manipulate identifiers in order to disguise the      origin of any content transmitted through the sites;
• upload,      post, email or otherwise transmit any content that you do not have a right      to transmit under any law or under contractual or fiduciary relationships      (such as inside information, proprietary and confidential information      learned or disclosed as part of employment relationships or under      nondisclosure agreements);
• upload,      post, email or otherwise transmit any content that infringes any patent,      trademark, trade secret, copyright or other proprietary rights (‘rights’)      of any party;
• upload,      post, email or otherwise transmit any unsolicited or unauthorised      advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’,      ‘pyramid schemes’, or any other form of solicitation, except in those      areas that are designated for such purpose;
• upload,      post, email or otherwise transmit any material that contains software      viruses or any other computer code, files or programs designed to      interrupt, damage, destroy or limit the functionality of any computer      software or hardware or telecommunications equipment;
• disrupt      the normal flow of dialogue, cause a screen to ‘scroll’ faster than other      users of the sites are able to type, or otherwise act in a manner that      negatively affects other users' ability to engage in real time exchanges;
• interfere      with or disrupt the sites or servers or networks connected to the sites,      or disobey any requirements, procedures, policies or regulations of      networks connected to the sites;
• intentionally      or unintentionally violate any applicable law or regulation including, but      not limited to, regulations promulgated by any securities exchange;
• ‘stalk’      or otherwise harass another;
• collect      or store personal data about other users.

b) By submitting material to the sites, you grant Fluentwithdani a perpetual royalty free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence any material you submit in whole or in part or in any form (unless you have agreed to the Fluentwithdani ( Copywright) in which case you are bound by the terms therein). By doing this you agree that you waive any moral rights you have in the material.

c) The sites contain material submitted by users over whom Fluentwithdani has no control. Fluentwithdani cannot guarantee the accuracy, integrity or quality of any such material. Some users may breach these terms and post material that is misleading, untrue or offensive - you must bear all risk associated with your viewing of such material.

d) Copyright in any software that is made available for download for the participation in the sites (‘software’) belongs to Fluentwithdani or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. Certain promotions and areas on the sites may also be subject to additional terms of use which will be made available clearly by a hyperlink - you must comply with all such terms.

e) Indemnity - You agree to indemnify and hold Fluentwithdani and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the sites, your use of the sites, your connection to the sites, your violation of these terms and conditions, or your violation of any rights of another.

4. Limited warranties

a) Fluentwithdani will use its reasonable skill and care in making the sites available to you and in ensuring their continuing availability. However, because of the number of sources from which Fluentwithdani obtains the content and because of the nature of the internet, Fluentwithdani  does not give you any other warranties. In particular, you should not take the accuracy or availability of the information for granted and Fluentwithdani makes no warranty that the sites are free from infection by viruses or anything else that has contaminating or destructive properties.

5. Limitation of liability

a) In respect of the content which is available free on the sites, Fluentwithdani will use its reasonable endeavours to resolve faults but because this content is free you agree that Fluentwithdani will not be liable for any losses you may incur as a result of your use or non-use of that content. With regard to the subscription services, you agree that your exclusive remedy (in respect of any claim for breach of contract, negligence or otherwise) shall be limited to Fluentwithdani taking reasonable steps to correct the relevant subscription service or, at your option, a refund of the amount you have paid to Fluentwithdani to receive the relevant subscription service less any reasonable allowance for your receipt of the functioning service

b) Fluentwithdani does not accept any liability for any loss of profits, loss of business or business opportunity, loss of goodwill or reputation, business interruption, loss or corruption of data or programs or any type of indirect or consequential loss whatsoever arising from your access to and use of the sites and/or of any purchase of the subscription services nor for its being unable to fulfil any particular order due to the non-availability of the subscription services.

c) In no event will Fluentwithdani be liable for any losses or damages whatsoever arising out of, or in connection with, any unauthorised use of the sites and/or of any material published on them and/or of any services.

d) No assurances are given that the pages of the sites are free from infection from computer viruses, although Fluentwithdani takes all reasonable steps to prevent such infection.

6. Changes

a) Fluentwithdani is continually seeking to improve the sites and services offered. Fluentwithdani reserves the right, at its discretion, to make changes to any part of the sites. In respect of any subscription services, we will ensure that any changes do not materially decrease the functionality of those services.

b) In respect of non-subscription services, Fluentwithdani  may change or add to this agreement as a result of its policy of updating and improving the sites or for security, legal or regulatory reasons. will give you no Fluentwithdani  notice of any changes or additions. If you do not agree to be bound by those changes, you should not use the site any further after receiving notice. Such changes will not affect any contract that relates to ongoing subscription services that you have with Fluentwithdani  at the time of the changes.

7. Links

a) The sites contain links to other websites and resources (either directly or through frames) and, where possible, Fluentwithdani  will make clear where such links are being made. Independent third parties provide these sites and Fluentwithdani  is not responsible and shall not be liable for the availability or content of these outside resources.

8. General

a) In respect of the free parts of the sites, there is no specific time limit applying to your access and use. However, Fluentwithdani  reserves the right to suspend or terminate your access and use of the free parts of the sites at any time. It may exercise the right with or without notice.

b) You may not assign, sub-licence or otherwise transfer this agreement or your rights of access to the sites.

c) Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

d) A person who is not party to this agreement shall have no right under the contracts (Rights of third parties) act 1999 to enforce any of its terms.

e) English law will apply to this agreement and both you and Fluentwithdani  agree to submit to the non-exclusive jurisdiction of the English courts.

Part B: Subscription services

Fluentwithdani offers some services for which it charges a fee (‘subscription services’). Details of what is included in those services (and the fee payable) are described in the relevant area of the sites. Clause 10 of the terms below sets out provisions which are specific to certain subscription services. Part A (above) the general terms also applies to subscription services and includes certain exclusions and limitations on Fluentwithdani  it's and your liabilities under this agreement. If you have any questions, please email info@fluentwithdani.co.uk.

9. The terms: provision of all paid-for subscription services

a) You must provide Fluentwithdani  with accurate and complete registration information, including valid credit card details. On registration, you will choose a username and password (‘ID’). It is your responsibility to update Fluentwithdani of any changes to that information (including your email address) by emailing info@fluentwithdani.co.uk If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify Fluentwithdani immediately by emailing info@fluentwithdani.co.uk 

Fluentwithdani  will try to process your subscription promptly but does not guarantee that any subscription service will be available to you by any specified time.

b) Each subscription for any subscription service is solely for use by you. Fluentwithdani  reserves the right to monitor usage of the subscription services using your ID. In the event that unauthorised users are accessing any subscription service using your ID then, without prejudice to its other rights and remedies, Fluentwithdani  reserves the right to charge you an amount equal to the charges which would have been payable had each unauthorised user subscribed for the subscription services themselves.

c) If Fluentwithdani  reasonably believes that your ID is being used in any way which is not permitted by this agreement, Fluentwithdani  reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved. Fluentwithdani  may terminate this agreement by giving notice to you if you are in breach of this agreement and in such case, Fluentwithdani  is not obliged to refund you any fees. Fluentwithdani may terminate this agreement if it discontinues a subscription service, in which case it will give you reasonable notice and you are entitled to a refund of that part of any fee which relates to the unexpired period of the relevant service.

10.  Online order process and formation of contract

a) The contract between Fluentwithdani  and you is made under the following technical steps:

• you      must register or must already have registered on the site and have      provided all required detail.  Your detail will be treated by Fluentwithdani  in accordance with the (PRIVACY POLICY)
• you      place your order for a subscription service with Fluentwithdani  through the relevant site.
• you      can identify and correct any errors in your information before you confirm      your order for any subscription service.
• you      give your payment details and Fluentwithdani  (or an agent on our behalf) will process      the payment during the course of your order.
• if      your payment is successful, Fluentwithdani  will accept and complete your order by      sending you an order confirmation to the email address given by you. At      this point there will be a binding contract between Fluentwithdani  and you.
• Fluentwithdani  will not keep a copy of the      contract. It is recommended that you print off and keep a copy of the      contract terms for your records.
• English      is the only language offered for the conclusion of the contract.

11. Cooling off period

a) Subject to clauses 9 and 10, where you are purchasing a subscription service as a consumer and not a business, you have the right to cancel a subscription service at any time during the period of 14 working days commencing on the day after the date of creation of a binding contract between you and Fluentwithdani  in accordance with clause 11 (‘the cooling off period’) and receive a full refund. After this period has expired, you may only cancel the subscription service and receive a refund prior to the use by you of your log-in and password details (‘the start date’). 

b) If the start date of a subscription service takes place during the cooling off period, you hereby agree and consent to the service commencing prior to the expiry of the cooling off period. Your right to cancel and receive a refund will terminate on commencement of the subscription services on the start date.

• You      may cancel the subscription service after the start date but you will not      be entitled to a refund.
• All      subscription service cancellations must be made in writing directly via      the sites.
• Once      a ‘pay-per-download’ resource has been purchased you have the right to      cancel within a period of 14 working days provided that none of the      associated resource files have been opened.  Please note that we are      unable to accept cancellation of a purchased resource once it has been      accessed.