From 0b53c08bdbd77f44610180a321880a8b8421f6f0 Mon Sep 17 00:00:00 2001 From: "root@gridbug.nethack.net" Date: Fri, 15 Nov 2024 04:00:12 +1100 Subject: [PATCH] Policies have been updated for the following sites: languagenut_tos https://www.languagenut.com/en-au/terms/ languagenut_privacy https://www.languagenut.com/en-au/privacy-policy/ --- languagenut_privacy.txt | 717 ---------------------------------------- languagenut_tos.txt | 650 ------------------------------------ 2 files changed, 1367 deletions(-) diff --git a/languagenut_privacy.txt b/languagenut_privacy.txt index d5ef98e..811ec6e 100644 --- a/languagenut_privacy.txt +++ b/languagenut_privacy.txt @@ -2,720 +2,3 @@ SITE: languagenut_privacy URL: https://www.languagenut.com/en-au/privacy-policy/ -PRIVACY POLICY - - Languagenut Limited ("we", "us", "our") is committed to protecting and - respecting your privacy. - - This privacy policy, ("Privacy Policy") and any other documents - referred to in it, sets out the basis on which we collect and process - your personal data as a data controller when you use our website or - services. - - Please read the following carefully to understand our views and - practices regarding your personal data and how we will treat it. By - visiting www.languagenut.com, ("Site") or using our services or apps, - ("Services") you are accepting and consenting to the practices - described in this Privacy Policy. - - Please note: - - This Privacy Policy does not apply to any data you provide to us when - we process personal data on your behalf as your data processor i.e. - where we process customer data within the cloud service we provide to - you, as a business to business service provider. - - DATA CONTROLLER - - For the purposes of EU and UK data protection laws and any applicable - national implementing laws, regulations and secondary legislation - relating to the processing of personal data (together "Data Protection - Law"), the data controller is Languagenut Limited of Projects The - Lanes, Nile House, Nile Street, Brighton, BN1 1HW, England, company - number insert 07401600. - - DATA PROTECTION OFFICER - - We have appointed a data protection officer ("DPO") who is responsible - for overseeing questions about this Privacy Policy who can be contacted - as set out at the end of this Privacy Policy. - - LEGAL BASIS FOR PROCESSING - - We will only use your personal data when the law allows us to. Most - commonly we will use your personal data in the following circumstances: - * To fulfil our contractual obligations to you. - - * Where it is necessary for our legitimate business interests (or - those of a third party) and your interests and fundamental rights - do not override those interests. - * To comply with a legal obligation - - To the extent we process your personal data for any other purposes, we - ask for your consent in advance or require that our partners obtain - such consent. - - PERSONAL DATA WE MAY COLLECT ABOUT YOU - - We may collect and process personal data about you. Personal data, or - personally identifiable information, means any information about an - individual from which that individual can be identified. It does not - include data where the identity has been removed (anonymous data). We - collect, use, store and transfer different kinds of personal data about - you which we have grouped together as follows: - * Identity Data: includes first name, last name, user name or similar - identifier. - * Contact Data: includes billing address, name and address, of - school, email address and telephone numbers. - * Financial Data: includes bank account and payment card details. - * Transaction Data: includes details about payments to and from you - and other details of products and services you have purchased from - us. - * Technical Data: includes internet protocol (IP) address, your login - data, browser type and version, time zone setting and location, - browser plug-in types and versions, operating system and platform, - and other technology on the devices you use to access this Site or - the Services. - * Profile Data: includes your username and password, purchases or - orders made by you, your interests, preferences, feedback and - survey responses. - * Usage Data: includes information about how you use our Site and - Services, including the full Uniform Resource Locators (URL) - clickstream to, through and from our Site and Services (including - date and time); products you viewed or searched for; page response - times, download errors, length of visits to certain pages, page - interaction information (such as scrolling, clicks, and - mouse-overs), and methods used to browse away from the page and any - phone number used to call our customer service number. - * Marketing and Communication Data: includes your preferences in - receiving marketing from us and our third parties and your - communication preferences. - * Aggregated Data: We also collect, use and share statistical or - demographic data for any purpose. This Aggregated Data could be - derived from your personal data but is not considered personal data - in law as this data will not directly or indirectly reveal your - identity. For example, we may aggregate your Usage Data to - calculate the percentage of users accessing a specific website - feature. However, if we combine or connect Aggregated Data with - your personal data so that it can directly or indirectly identify - you, we treat the combined data as personal data which will be used - in accordance with this Privacy Policy. - * Special Category Data: We do not collect, store and/or use special - category data about you. This includes details about your race or - ethnicity, religious or philosophical beliefs, sex life, sexual - orientation, political opinions, trade union membership, - information about your health, and genetic and biometric data. - - If you fail to provide personal data - - Where we need to collect personal data by law, or under the terms of a - contract we have with you, and you fail to provide that data when - requested, we may not be able to perform the contract we have or are - trying to enter into with you (for example, to provide you with goods - or services). In this case, we may have to cancel a product or service - you have with us but we will notify you if this is the case at the - time. - - HOW PERSONAL DATA IS COLLECTED - - We use different methods to collect data from and about you including - via: - * Direct You may give us your Identity, Contact and Financial Data - when you fill in forms or correspond with us by post, phone, email - or otherwise. This includes personal data you provide when you - register to use our Site or to receive our newsletter, subscribe to - use our Services, create an account to use our Site or Services, - request marketing to be sent to you, search for a product or place - an order on our Site, participate in discussion boards or other - social media functions on our Site, enter a competition, promotion - or survey, attend a conference or webinar, give us feedback or - contact us and when you report a problem with our Site or Services. - * Purchases: If you make purchases via our Site or within any - Services, or register for an event or webinar, we may require you - to provide your Identity, Contact, Financial and Transaction Data. - * Community: If you register for an online community that we provide, - we may ask you to provide us with Identity, Contact, Profile and - Technical Data. - * Automated Technologies or Interactions. As you interact with our - Services, Sites or emails, we automatically collect Technical Data - about your device, browsing actions, patterns, Location Data and - Usage Data. We collect this personal data by using cookies, server - logs, web beacons, pixels, and similar technologies about your - device, and your use of our Site and Services. We may also receive - Technical Data and Location Data about you if you visit other - websites using our cookies. Please see the Cookie section below for - further details. - - PERSONAL DATA WE RECEIVE FROM OTHER SOURCES - - We work closely with the third parties set out in our Third Party - Supplier List which includes, for example, business partners, - sub-contractors in technical, payment and delivery services, - advertising networks, analytics providers, search information - providers, credit reference agencies and may receive the following - personal data about you from them: - * Technical Data: from analytics providers, advertising networks and - search information providers - * Contact, Transaction and Financial Data: from providers of - technical, payment and delivery services. - * Identity and Contact Data: from providers of - chat/communication/helpdesk services with customers including via - email. - * Email Communications and Contact Data: from providers of email - communications service providers. - * Business Contact and Financial Data: from CRM service providers who - manage contacts and keep a record of communications/ interactions - with customers. - * Contact Data and Financial Data: from cloud accounting systems that - store email and names of persons sent invoices by email. - - PERSONAL DATA WE COLLECT FROM OTHER SOURCES - - We also collect personal data about you from publicly available - sources. We may combine this information with personal data provided by - you. This helps us update, expand, and analyse our records, identify - new customers, and create more tailored advertising to provide services - that may be of interest to you. We also use this for the purposes of - targeted advertising, delivering relevant email content, event - promotion and profiling, determining eligibility and verifying Contact - Data. The personal data we collect includes: - * Identity and Contact Data: from publicly available sources such as - Companies House. - * Identity, Contact and Profile Data: that is published about you on - social media profiles: such as LinkedIn, Facebook, Twitter. - - COOKIES - - We use cookies or similar technology, on our Site and in the Services - to distinguish you from other users of our Site and Services. This - helps us to provide you with a good experience when you browse our Site - and also allows us to improve the Site and Services. - - What are cookies - - Cookies are small text files that are placed on your computer by - websites that you visit. They are widely used in order to make websites - work, or work more efficiently, as well as to provide information to - the owners of the website. Cookies can be "persistent" or "session" - cookies. - - We use persistent cookies and session cookies. - - Persistent Cookies - - A persistent cookie is stored on a user's device in between browser - sessions which allows the preferences or actions of a user across the - Site (or in some cases across different websites) to be remembered. We - use persistent cookies to save your login information for future logins - to the Site or Services. - - Session Cookies - - A session cookie allows the Site or Services to link your actions - during a browser session. We use session cookies to enable certain - features of the Site or Services, to better understand how you interact - with the Site or Services and to monitor aggregate usage by users and - web traffic routing on the Site. Unlike persistent cookies, session - cookies are deleted from your computer when you log off from the Site - or Services and then close your browser. - - Which cookies we use and why - - The table below explains the cookies we use and why we use each of - them. - Cookie Type Purpose Duration - Google Analytics Tracking cookies - - These cookies are used to collect information about how visitors use - our Site. We use the information to compile reports and to help us - improve the Site. The cookies collect information in an anonymous form, - including the number of visitors to the Site, where visitors have come - to the Site from and the pages they visited. If you do not allow these - cookies we will not be able to include your visit in our statistics. - You can read the full Google Analytics privacy policy at: - - http://www.google.com/policies/privacy/. - 1 week - Anonymous Analytics Analytics cookies. - - We use analytics cookies to tell us whether - - you have visited the Site previously, and to gather statistics about - visits to a page. - 1 week - Geotargeting Location cookies - - These cookies are used by software which tries to work out what country - you are in from information supplied by your browser when it requests a - web page. This cookie is completely anonymous, and is only used to - - help target content. - 1 week - Registration Signin cookies - - When you sign in, we generate cookies that let us know whether you are - signed in or not. Our servers use these cookies to work - - out which account you are signed in with. - 1 week - - - You can set up your browser options, to stop your computer accepting - cookies or to prompt you before accepting a cookie from the websites - you visit. If you do not accept cookies, however, you may not be able - to use the whole of the Site or all functionality of the Services. - - To find out more about cookies, including how to see what cookies have - been set and how to manage and delete them, - visit www.aboutcookies.org or www.allaboutcookies.org. To opt out of - being tracked by Google Analytics across all websites - visit http://tools.google.com/dlpage/gaoptout. - - Acceptable Use: You may only use Languagenut for its intended - purpose--language learning. Accessing or attempting to access - non-public areas of the site, or engaging in activities that hinder its - operations, are prohibited. - - Do not track - - We do not support Do Not Track ("DNT"). - - Do Not Track is a preference you can set in your web browser to inform - websites that you do not want to be tracked. You can enable or disable - Do Not Track by visiting the "Preferences" or "Settings" page of your - web browser. - - USES MADE OF PERSONAL DATA - - We have set out below, in a table format, a description of all the ways - we plan to use your personal data, and which of the legal bases we rely - on to do so. We have also identified what our legitimate interests are - where appropriate. - - Note that we may process your personal data for more than one lawful - basis depending on the specific purpose for which we are using your - data. Please contact us if you need details about the specific legal - ground we are relying on to process your personal data where more than - one ground has been set out in the table below. - Purpose/Activity Type of Data Lawful basis for processing - To register you as a new customer - - (a) Identity Data - - (b) Contact Data - Performance of a contract with you - - To process and deliver your order including: - - (a) Manage payments, fees and charges - - (b) Collect and recover money owed to us - - (a) Identity Data - - (b) Contact Data - - (c) Financial Data - - (d) Transaction Data - - (e) Marketing and Communications Data - - (a) Performance of a contract with you - - (b) Necessary for our legitimate interests (to recover debts due to - us) - - To manage our relationship with you which will include: - - (a) Notifying you about changes to our terms, this Privacy Policy, - the Site or Services - - (a) Identity Data - - (b) Contact Data - - (c) Profile Data - - (d) Marketing and Communications Data - - (a) Performance of a contract with you - - (b) Necessary to comply with a legal obligation - - (c) Necessary for our legitimate interests (to keep our records - - - (b) Asking you to leave a review or take a survey updated and to study - how customers use our products/services) - To enable you to partake in a prize draw, competition or complete a - survey - - (a) Identity Data - - (b) Contact Data - - (c) Profile Data - - (d) Usage Data - - (e) Marketing and Communications Data - - (a) Performance of a contract with you - - (b) Necessary for our legitimate interests (to study how customers - use our products/services, to develop them and grow our business) - To administer and protect our business and this Site (including - troubleshooting, data analysis, testing, system maintenance, - support, updates, reporting and hosting of data) - - (a) Identity Data - - (b) Contact Data - - (c) Technical Data - - (a) Necessary for our legitimate interests (for running our - business, provision of administration and IT - services, network security, to prevent fraud and in the context of a - business reorganisation or group restructuring exercise) - - (b) Necessary to comply with a legal obligation - To deliver relevant Site and Services content and advertisements to you - and measure or understand the effectiveness of the advertising we serve - to you - - (a) Identity Data - - (b) Contact Data - - (c) Profile Data - - (d) Usage Data - - (e) Marketing and Communications Data - - (f) Technical Data - Necessary for our legitimate interests (to study how customers use our - products/services, to develop them, to grow our business and to inform - our marketing strategy) - To use data analytics to improve our Site and Services, - marketing, customer relationships and experiences - - (a) Technical Data - - (b) Usage Data - Necessary for our legitimate interests (to define types of customers - for our products and services, to keep our website updated and - relevant, to develop our business and to inform our marketing strategy) - To make suggestions and recommendations to you about goods or services - that may be of interest to you - - (a) Identity Data - - (b) Contact Data - - (c) Technical Data - - (d) Usage Data - - (e) Profile Data - - (f) Marketing and Communications Data - Necessary for our legitimate interests (to develop our Services and - grow our business) - - We will not sell or rent your personal data to anyone. - - We will only use your personal data for the purposes for which we - collected it, unless we reasonably consider that we need to use it for - another reason and that reason is compatible with the original purpose. - If you wish to get an explanation as to how the processing for the new - purpose is compatible with the original purpose, please contact us. - - Please note that we may process your personal data without your - knowledge or consent, in compliance with the above rules, where this is - required or permitted by law. - - DISCLOSURE OF YOUR PERSONAL DATA - - Personal data we share with third parties. We may share your personal - data with the third parties set out in our Third Party Supplier List - for the purposes set out in the table above. Below is a summary of the - types of third parties used: - * Any member of our group, which means our subsidiaries, our ultimate - holding company and its subsidiaries, as defined in section 1159 of - the UK Companies Act 2006. - * Business partners, suppliers and sub-contractors for the - performance of any contract we enter into with them or you to - provide services such as IT and system administration services, - email communications, hosting services, backup services, credit - card processing, research, development, marketing and customer - support. - * Analytics and search engine providers that assist us in the - improvement and optimisation of our Site and Services. - * Professional advisors acting as service providers to us in relation - to the Site or Services - including lawyers, bankers, auditors, and - insurers who provide consultancy, banking, legal, insurance and - accounting services. - * Tax authorities, regulators and other authorities who require - reporting of processing activities in certain circumstances. - * Advertisers and advertising networks that require the data to - select and serve relevant adverts to you and others. We do not - disclose personal data about identifiable individuals to our - advertisers, but we may provide them with Aggregated Data about our - users (for example, we may inform them that 250 men aged over 25 - have clicked on their advertisement on any given day). We may also - use such Aggregated Data to help advertisers reach the kind of - audience they want to target (for example, women living in London). - We may make use of the personal data we have collected from you to - enable us to comply with our advertisers' wishes by displaying - their advertisement to that target audience. - * Credit reference agencies for the purpose of assessing your credit - score where this is a condition of us entering into a contract with - you. - - Personal data we disclose to third parties. We may disclose your - personal data to third parties: - * In the event that we sell or buy any business or assets, in which - case we may disclose your personal data to the prospective seller - or buyer of such business or assets. - * If we or a member of our group of companies or substantially all of - their assets are acquired by a third party, in which case personal - data held by them about their customers will be one of the - transferred assets. - * If we are under a duty to disclose or share your personal data in - order to comply with any legal obligation, or in order to enforce - or apply our terms and conditions, terms of use and/or any other - legal agreements; or to protect our rights, property, safety, our - customers or others. This includes exchanging information with - other companies and organisations for the purposes of fraud - protection and credit risk reduction. - * Including Aggregated Data in the normal course of operating our - business; for example, with other Site or Services users, our - customers or publicly to show trends or benchmark the general use - of our Site and Services. - - INTERNATIONAL TRANSFERS - - Our Services are global and your personal data may be stored and - processed in any country where we have operations, our staff are - located or where we engage service providers engaged in, among other - things, the fulfilment of your order, the processing of your payment - details or the provision of support services. This will involve a - transfer of your personal data to countries outside of your country of - residence, where data protection rules are different from those of your - country of residence. - - Processing of your personal data will involve a transfer of data to - countries outside the European Economic Area ("EEA"), Switzerland or - the UK. - - We will take all steps reasonably necessary to ensure that your - personal data is treated securely and in accordance with this Privacy - Policy. In particular, this means that your personal data will only be - transferred to a country that provides an adequate level of protection - (for example, where the European Commission or the UK Data Protection - Authority, ("ICO") has determined that a country provides an adequate - level of protection) or where the recipient is bound by standard - contractual clauses according to conditions provided by the European - Commission or ICO. - - Our Site and Services are accessible via the internet and may - potentially be accessed by anyone around the world. Other users may - access the Site or Services from outside the EEA, Switzerland or the - UK. This means that where you chose to post your personal data on our - Site or within the Services, it could be accessed from anywhere around - the world and therefore a - - transfer of your personal data outside of the EEA, Switzerland or the - UK may be deemed to have occurred. - - DATA SECURITY - - We have put in place appropriate security measures to prevent your - personal data from being accidentally lost, used or accessed in an - unauthorised way, altered or disclosed. For example, all information - you provide to us is stored on our secure servers. Any credit card - information or payment transactions will be encrypted using SSL - technology. Where we have given you (or where you have chosen) a - password which enables you to access certain parts of the Site or - Services, you are responsible for keeping this password confidential. - We ask you not to share any password with anyone. In addition, we limit - access to your personal data to those employees, agents, contractors - and other third parties who have a business need to know. They will - only process your personal data on our instructions and they are - subject to a duty of confidentiality. - - We have put in place procedures to deal with any personal data breach - and will notify you and any applicable regulator of a breach where we - are legally required to do so. - - Unfortunately, the transmission of information via the Internet is not - completely secure. Although we will endeavour to protect your personal - data, we cannot guarantee the security of your personal data - transmitted to our Site or the Services. Any transmission is at your - own risk. Once we have received your personal data, we will use strict - procedures and security features to try to prevent unauthorised access. - - LINKS TO OTHER WEBSITES - - Our Site and Services may, from time to time, contain links to and from - the websites of our partner networks, advertisers and affiliates. If - you follow a link to any of these websites, please note that these - websites have their own privacy policies and that we do not accept any - responsibility or liability for these policies. Please check these - policies before you submit any personal data to these websites. - - USE OF BLOGS, FORUMS AND CHAT ROOMS - - Any information that you post to areas of the Site or Services that are - viewable by others (for example, to a blog, forum or chat-room) will - not be treated as proprietary, private, or confidential. We have no - obligation to monitor such posts to the Site or Services or to exercise - any editorial control over such posts; however, we reserve the right to - review such posts and to remove any material that, in our judgment, is - not appropriate. Posting, transmitting, promoting, using, distributing - or storing content that could subject us to any legal liability, - whether in tort or otherwise, or that is in violation of any applicable - law or regulation, or otherwise contrary to commonly accepted community - standards, is prohibited, including without limitation information and - material protected by copyright, trademark, trade secret, nondisclosure - or confidentiality agreements, or other intellectual property rights. - - YOUR RIGHTS - - You have the right under Data Protection Law, free of charge, to - request: - * Access to your personal data. - * Rectification or deletion of your personal data. - * A restriction on the processing of your personal data. - * Object to the processing of your personal data. - * A transfer of your personal data (data portability) in a - structured, machine readable and commonly used format. - * Withdraw your consent to us processing your personal data, at any - time. - - If you wish to exercise any of the above rights, please contact us as - set out at the end of this Privacy Policy. We will respond to such - queries within 30 days and deal with requests we receive from you, in - accordance with the provisions of Data Protection Law. Occasionally it - could take us longer, if your request is particularly complex or you - have made a number of requests. In this case, we will notify you and - keep you updated. - - You will not have to pay a fee to access your personal data (or to - exercise any of the other rights). However, we may charge a reasonable - fee if your request is clearly unfounded, repetitive or excessive. - Alternatively, we could refuse to comply with your request in these - circumstances. - - We may need to request specific information from you to help us confirm - your identity and ensure your right to access your personal data (or to - exercise any of your other rights). This is a security measure to - ensure that personal data is not disclosed to any person who has no - right to receive it. We may also contact you to ask you for further - information in relation to your request to speed up our response. - - MARKETING COMMUNICATIONS - * Marketing: We may use your Identity, Contact, Technical, Usage and - Profile Data to form a view on what we think you may want or need, - or what may be of interest to you. This is how we decide which - products, services and offers may be relevant for you (we call this - marketing). - * Promotional Offers from us: We will send you marketing emails if - you "opt in" to receive marketing emails when registering on our - Site, or if you have enquired about, or purchased any of our goods - or services from us and you have not opted out of receiving such - marketing. - * Third Party Marketing: We will obtain your express opt-in consent - before we share your personal data with any third party for - marketing purposes. - * Opt out: Please note that, if you change your mind about being sent - marketing emails you can "opt out" at any time by clicking the - "unsubscribe" link at the bottom of any marketing email. Once you - "opt out", you will no longer receive any marketing emails from us. - We will continue to communicate with you regarding your service - billing and support via email and where we send push notifications - from time to time in order to update you about any service updates, - events and promotions we may be running. If you no longer wish to - receive these communications, please disable these in the settings - on your device. - - DATA RETENTION - - We retain personal data for as long as reasonably necessary to fulfil - the purposes for which it was provided or collected, including for the - purposes of satisfying any legal, regulatory, tax, accounting or - reporting requirements. We may retain your personal data for a longer - period in the event of a complaint, if we reasonably believe there is a - prospect of litigation in respect of our relationship with you, to - comply with law enforcement requests, maintain security, prevent fraud - and abuse, resolve disputes, enforce our legal agreements, or fulfil - your request to "unsubscribe" from further messages from us. - - To determine the appropriate retention period for personal data, we - consider the amount, nature and sensitivity of the personal data, the - potential risk of harm from unauthorised use or disclosure of your - personal data, the purposes for which we process your personal data and - whether we can achieve those purposes through other means, and the - applicable legal, regulatory, tax, accounting or other requirements. - - This will be for as long as we provide access to the Site or Services - to you, your account with us remains open or any period set out in any - relevant contract you have with us. After you have closed your account - or ceased using the Services as set out below. - - We will retain some anonymised information after your account has been - closed and we may use this for research or statistical purposes, in - which case we may use this information indefinitely without further - notice to you. - - Please note: After you have closed your account or deleted information - from your account, any information you have shared with others will - remain visible. We do not control data that other users may have copied - from the Site or Services. Your profile may continue to be displayed in - the services of others (e.g. search engine results) until they refresh - their cache. - - COMPLAINTS - - Our intention is to meet the highest standards when collecting and - using personal data. For this reason, we take complaints we receive - very seriously. We encourage users to notify us if they think that our - collection or use of personal data is unfair, misleading or - inappropriate. If you have any complaints about our use of your - personal data, please contact us as set out at the end of this Privacy - Policy or contact your local data protection supervisory authority. - - For UK individuals: The Information Commissioner's Office at, Wycliffe - House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England. - - Our EU representative is reachable at suppliers@languagenut.com. - - CHANGES TO OUR PRIVACY POLICY - - Any changes we may make to our Privacy Policy in the future will be - posted on this page and, where appropriate, notified to you by email. - Please check back frequently to see any updates or changes to our - Privacy Policy. - - This Privacy Policy was last updated on 4^th October 2022 and this - version replaces any other Privacy Policy previously applicable from - this date. - - CONTACT - - Our DPO is reachable at suppliers@languagenut.com. - - If you have any questions, comments, or requests regarding our privacy - practices or about this Privacy Policy please contact us as follows: - - By post: Languagenut Limited, Projects The Lanes, Nile House, Nile - Street, Brighton, BN1 1HW - - By email: support@languagenut.com. - - * T&Cs - * Privacy Policy - * FAQs diff --git a/languagenut_tos.txt b/languagenut_tos.txt index d33ddae..7d0ec92 100644 --- a/languagenut_tos.txt +++ b/languagenut_tos.txt @@ -2,653 +2,3 @@ SITE: languagenut_tos URL: https://www.languagenut.com/en-au/terms/ -Terms of Service - - Please read these Terms of Service carefully before registering for a - chargeable subscription to use the Services offered on this website, - operated by Languagenut Limited, with its registered office at Projects - The Lanes, Nile House, Nile Street, Brighton, England, company number - 07401600, VAT number 983 9715 59. - - By registering for a chargeable subscription to use the Services at - www.languagenut.com, and clicking on the accept buttons relating to our - Terms of Service, , you agree to be legally bound by these Terms of - Service, DPA and Privacy Policy as they may be modified and posted on - our website from time to time. In the event of any inconsistency - between the content of the Terms of Service, DPA and the Privacy - Policy, the Terms of Service shall prevail followed by the DPA and then - the Privacy Policy. - - If you do not wish to be bound by these Terms of Service, DPA and - Privacy Policy then you may not register to use a free trial or - purchase our Services. - - 1. Definitions - - In this Agreement, the following capitalised words shall have the - following meanings: - "Agreement" means these Terms of Service, DPA and Privacy Policy - together; - "Authorised User" means your employees, agents, consultant or - independent contractors or students who have been expressly authorised - by you to receive a password in order to access the Services online; - "Confidential Information" means any and all information in whatsoever - form relating to our business, prospective business, finances, - technical processes, computer software (both source code and object - code), Intellectual Property Rights or finances, or compilations of two - or more items of such information, whether or not each individual item - is in itself confidential, which comes into our possession by virtue of - its entry into this Agreement or provision of the Services, and which - we regard, or could reasonably be expected to regard, as confidential - and any and all information which has been or may be derived or - obtained from any such information and includes all Content; - "Consequential Loss" means pure economic loss, special loss, losses - incurred by any third party, losses arising from business interruption, - loss of business revenue, goodwill or anticipated savings, losses - whether or not occurring in the normal course of business, costs of - procuring substitute goods or product(s) or wasted management or staff - time; - "Content" means all information or materials made available to you via - the Services; - "DPA" means our data processing agreement published at - www.languagenut.com/en-gb/data-processing-agreement as amended from - time to time; - "Effective Date" means the date on which we send you a confirmation - invoice, confirming your order of the Services and providing you with - login details; - "Feedback" means feedback, innovations or suggestions created by the - you or Authorised Users regarding the attributes, performance or - features of the Services; - "Fees" means the fees set out in the confirmation invoice sent to you; - "Force Majeure" means anything outside the reasonable control of a - party, including but not limited to, acts of God, fire, storm, flood, - earthquake, explosion, accident, acts of the public enemy, war, - rebellion, insurrection, sabotage, pandemic, epidemic, quarantine - restriction, labour dispute, labour shortage, power shortage, including - without limitation where we cease to be entitled to access the Internet - for whatever reason, transportation embargo, failure or delay in - transportation, any act or omission (including laws, regulations, - disapprovals or failures to approve) of any government or government - agency; - "Initial Term" means a period of 12 months starting on the Effective - Date; - "Intellectual Property Rights" means all copyrights, patents, utility - models, trademarks, service marks, registered designs, moral rights, - design rights (whether registered or unregistered), technical - information, know-how, database rights, semiconductor topography - rights, business names and logos, computer data, generic rights, - proprietary information rights and all other similar proprietary rights - (and all applications and rights to apply for registration or - protection of any of the foregoing) as may exist anywhere in the world; - "Operating Rules" means any of our rules or protocols, in whatever form - that affect your access to or use of the Services, and made available - to you by us from time to time to; - "Privacy Policy" means our privacy policy published - at https://www.languagenut.com/en-gb/data-processing-agreement as - amended from time to time; - "Renewal Term" means a period of 12 months; - "Services" means the software applications services, ordered online by - the you and set out in the confirmation invoice sent to you which are - made available to you in accordance with any Operating Rules and - including any computer software programmes and, if appropriate, Updates - thereto; - "Statistical Data" means aggregated, anonymised data derived from you - or any user's use of the Services which does not include any personal - data; - "Term" means the Initial Term plus any Renewal Terms together; - "Terms and Conditions" means these terms of service published - at www.languagenut.com/en-gb/terms/ as amended from time to time; - "Updates" means any new or updated applications services or tools - (including any computer software programmes) made available by us - during the Term as part of the Services. - "Website" means www.languagenut.com; - "we", "us" or "our" means Languagenut Limited; - "you" or "you" means the company or person who completes the online - registration form for use of the Services; - - 2. Provision of the Services - - 2.1 You engage us and we agree to provide the Services to you in - accordance with terms of this Agreement from the Effective Date for the - Term. - - 2.2 Access to the Services is only provided to you on condition that - either you pay the Fee (if you are an individual member) or you are an - Authorised User of an institution that has paid the Fee. We have no - obligation under no obligation to provide to access to the Services - until the Fee has been paid. - - 2.3 We will endeavour to ensure that the Services are available 24 - hours a day, excluding any scheduled maintenance carried out to the - Services. - - 2.4 We shall provide customer support services from Monday to Friday - (excluding any national holidays in the UK) to you by telephone or - email from 8 am - 5 pm (UK times) for the purpose of assisting you in - maintaining your access to the Services.2.3 Access to the Services is - subject to payment of all Fees owed under this Agreement. - - 2.5 It is your responsibility to ensure that login details are passed - on to the relevant person at your school or library to gain access to - the Services. - - 3. Licence - - 3.1 Subject to payment of the Fees, you are granted a non-exclusive and - non-transferable licence to permit Authorised Users to use the Services - (including any associated software, Content, Intellectual Property - Rights and Confidential Information) from the Effective Date during the - Term for your internal business operations. Such licence permits you - and Authorised Users to make cache copies of software or other - information necessary for your to receive the Services via the - Internet. Where open source software is used as part of the Services, - this software will be subject to the terms of the applicable open - source licences. No additional implied rights are granted beyond those - specifically mentioned in this clause 3.1. - - 3.2 No right to modify, adapt, or translate the Services or create - derivative works from the Services is granted to you . Nothing in this - Agreement shall be construed to mean, by inference or otherwise, that - you have any right to obtain source code for the software comprised - within the Services. Disassembly, decompilation or reverse engineering - and other source code derivation of the software comprised within the - Services is prohibited. Unless otherwise specified in this Agreement, - the Services are provided and may be used solely by you as part of your - website/desktop architecture. Except as specifically stated in this - Agreement, you may not: (i) lease, loan, resell or otherwise distribute - the Services save as permitted in writing by us; (ii) use the Services - to provide ancillary services related to the Services; or (iii) permit - access to or use of the Services by or on behalf of any third party. - - 3.3 Unless otherwise specified in this Agreement, the Services are - provided and may be used solely by you and Authorised Users. You may - not: (i) lease, loan, resell, assign, licence, distribute or otherwise - permit access to the Services; or (ii) use the Services to provide - ancillary services related to the Services; or (iii) except as - permitted in this Agreement, permit access to or use of the Services by - or on behalf of any third party. - - 3.4 We may suspend access to the Services, or portion thereof, at any - time, if in our sole reasonable discretion, the integrity or security - of the Services is in danger of being compromised by your acts or those - of Authorised Users. Where possible, we shall give you 24 hours written - notice, before suspending access to the Services, giving specific - details of our reasons. - - 4. Authorised Users - - 4.1 Your subscription to the Services is for a single school/home or - institution only. We do not permit you to share your user name and - password for use in multiple schools or institutions. If you have - purchased a home licence then this is for home only and not to be used - in school or an institution. - - 4.2 Where we allow you to register on behalf of several users within - one organisation, we refer to you as a group user, ("Group User"). Any - of your Authorised Users who makes use of the Services via this licence - shall, subject to the terms of this Agreement, be entitled to continue - using the Services as an independent user following termination of that - Authorised User's connection with a Group User, including having access - to the information and programs created during the course of that - Authorised Users employment with or connection through the Group User. - Each Group User hereby irrevocably agrees to permit such continued - access to a leaving Authorised User. A Group User shall have no - liability for the leaving Authorised User's continued use of the - Services, following our receipt of a written notice informing us that - the individual concerned is no longer connected to the Group User. - - 5. Passwords and Security - - 5.1 You are responsible for any and all activities that occur under - your account and via your passwords. You will immediately notify us if - you become aware of any unauthorised use of an account or password or - breach of any breach of security becomes known to you. We shall have no - liability for any loss or damage arising from your failure to comply - with these requirements. - - 5.2 We may suspend access to the Services, or portion thereof, at any - time, if in our sole reasonable discretion, the integrity or security - of the Services is in danger of being compromised by acts of you or - Authorised Users. Where possible we shall give you prior notice before - suspending access to the Services. - - 5.3 You (and Authorised Users) shall maintain reasonable security - measures (as may change over time) covering, without limitation, - confidentiality, authenticity and integrity to ensure that the access - to the Services granted under this Agreement is limited as set out - under this Agreement. In particular you and Authorised Users shall - treat any identification, password or username or other security device - for use of the Services with due diligence and care and take all - necessary steps to ensure that they are kept confidential, secure and - are used properly and are not disclosed to unauthorised persons. Any - breach of the above shall be immediately notified to us in writing. You - shall be liable for any breach of this Agreement by an Authorised User. - - 6. Intellectual Property Rights - - 6.1 All Intellectual Property Rights and title to the Services and - Content (save to the extent these incorporate any third party owned - item) shall remain with us and/or its licensors and subcontractors. No - interest or ownership in the Services, the Intellectual Property - Rights, Content or otherwise is transferred to you under this - Agreement. Nothing in this Agreement shall be construed to mean, by - inference or otherwise, that you have any right to obtain source code - for the software comprised within the Services. - - 6.2 You grants us a perpetual, non-exclusive, transferable, royalty - free, worldwide licence to use any information that you upload to the - Services, (excluding your personal data). - - 6.3 You are not allowed to remove any proprietary marks or copyright - notices from the Services. - - 6.4 You assign all rights, title, and interest in any Feedback to us. - If for any reason such assignment is ineffective, you shall grant us a - non-exclusive, perpetual, irrevocable, royalty free, worldwide right - and licence to use, reproduce, disclose, sub-licence, distribute, - modify, and exploit such Feedback without restriction. - - 6.5 We may take and maintain technical precautions to protect the - Services from improper or unauthorised use, distribution or copying. - - 7. Term - - 7.1 This Agreement shall commence on the Effective Date for the Initial - Term. At the expiry of the Initial Term, this Agreement will - automatically renew for Renewal Terms and continue until either party - terminates the Agreement by giving the other at least 90 days' notice - in writing prior to a Renewal Term. Neither party may terminate the - Agreement without cause during the Initial Term. - - 8. Fees, Invoicing and Payment - - 8.1 We shall invoice the Fees annually in advance from the Effective - Date. All Fees exclude any Value Added Tax legally payable on the date - of the invoice, which shall be paid by you in addition, where - applicable. - - 8.2 Fees for your subscription are calculated annually on the - anniversary of the Effective Date (unless otherwise stated). - - 8.3 You undertake that all details provided for the purpose of - obtaining the Services will be correct and that any credit card details - used are your own and that there are sufficient funds or credit - facilities to cover the Fees and that it is your responsibility to - update us of any changes to your contact information (including your - email address) via support@languagenut.com. - - 8.4 Fees are payable on the date of each invoice by such method of - payment as we request. - - 8.5 We are under no obligation to provide access to the Services until - Fees are paid. - - 8.6 Where payment of any Fee is not received when due we may, without - liability to you, disable your password, account and access to all or - part of the Services and we shall be under no obligation to provide any - or all of the Services while the invoice(s) concerned remains unpaid. - - 8.7 We shall be entitled to charge interest on overdue Fees at the - applicable statutory rate. - - 8.8 We reserve the right to recover any costs and reasonable legal fees - it incurs in recovering overdue payments. - - 9. Confidential Information - - 9.1 You may use Confidential Information only for the purposes of this - Agreement. You must keep confidential all Confidential Information - disclosed to you, except where the recipient of Confidential - Information is required to disclose the Confidential Information by law - to any regulatory, governmental or other authority with relevant powers - to which either party is subject. - - 9.2 You may disclose Confidential Information to those of your - employees and agents who have a need to know the Confidential - Information for the purposes of this Agreement but only if the employee - or agent is bound by confidentiality undertakings equivalent to those - set out in this Agreement. - - 9.3 You agree to destroy or return all documents and other materials - containing Confidential Information immediately upon completion of the - Services or termination or expiry of this Agreement. - - 9.4 The obligations of confidentiality under this Agreement do not - extend to information that: (i) was rightfully in your possession - before the negotiations leading to this Agreement; (ii) is, or after - the Effective Date, becomes public knowledge (otherwise than as a - result of a breach of this Agreement); or (iii) is lawfully disclosed - to you by a third party without restriction on disclosure; or (iv) is - independently developed by you, which independent development can be - shown by written evidence; or (v) is required by law to be disclosed. - - 9.5 If you are required to disclose any Confidential Information - pursuant to clause 9.4(v) you shall, where lawfully permitted to do so: - (i) promptly consult with and take into account any comments from us - prior to making any disclosure; and (ii) work us to ensure that any - exemptions or other legitimate means of preventing disclosure or - limiting disclosure are used to the fullest extent possible. - - 9.6 You may print and download Content for your own use on the - following basis: (i) no documents or related graphics are modified in - any way; (ii) no graphics are used separately from accompanying text; - and (iii) our copyright and trademark notices and this permission - notice appear in all copies of Content. If you breach any terms of this - clause 9.6, your permission to use the Services automatically - terminates and you must immediately destroy any downloaded or printed - Content and remove any such Content from other electronically held - systems including other websites. Other than permitted in this clause - 9.6, no part of the Content may be reproduced or stored in any other - website or included in any public or private electronic retrieval - system or service without our prior written permission. - - 9.7 Other than any personal data that you provide to us when using the - Services and save where we require you to provide specific - authorisation within the Services for the use of information or - material you provide, any material you transmit or post in the Services - will be considered non-confidential and non-proprietary. We have no - obligations with respect to such material. We, our agents and other - users of the Services will be free to copy, disclose, distribute, - incorporate and otherwise use such material and all data images, - sounds, text and other things embodied therein for any and all - commercial or non-commercial purposes, as will other users subject to - the provisions of clause 9.6. - - 9.8 We may require the removal of any material, in whole or in part, - uploaded to the Services where such material is, in our view, likely to - fall within the provisions of clause 9.9, or which may cause damage to - our reputation. We therefore reserve the right to edit and/or remove, - in whole or in part, any material uploaded to the Services without - notice. - - 9.9 You are prohibited from posting or transmitting to or from the - Services any material: (i) that is threatening, defamatory, obscene, - indecent, seditious, offensive, pornographic, abusive, liable to incite - racial hatred, discriminatory, menacing, scandalous, inflammatory, - blasphemous, in breach of confidence, in breach of privacy or which may - cause annoyance or inconvenience; (ii) for which you have not obtained - all necessary licences; or (iii) which constitutes or encourages - conduct that would be considered a criminal offence, give rise to civil - liability, or otherwise be contrary to the law of or infringe the - rights of any third party, in the UK or any other country in the world; - or (iv) which is technically harmful (including without limitation, - computer viruses, logic bombs, Trojan horses, worms, harmful - components, corrupted data or other malicious software or harmful - data). - - 9.10 You may not misuse the Services (including without limitation by - hacking). - - 9.11 We will fully co-operate with any law enforcement authorities or - court order requesting or directing us to disclose the identity or - locate anyone posting any material in breach of clauses 9.9 and 9.10. - - 9.12 We, and our officers, directors, employees, shareholders, or - agents do not accept any liability for the use made by you of any - Content. - - 10. Data Protection - - 10.1 Each party undertakes to comply with its obligations under - relevant applicable data protection laws, principles and agreements. - - 10.2 To the extent that personal data is processed when you or - Authorised Users use the Services, the parties acknowledge that we are - a data processor and you are a data controller and the parties shall - comply with their respective obligations under applicable data - protection law and the terms of the DPA. - - 10.3 Any personal data that you provide to us during registration or - when ordering or using the Services (such as your email address) shall - be collected and processed by us in accordance with the Privacy Policy. - - 10.4 If a third party alleges infringement of its data protection - rights, we shall be entitled to take measures necessary to prevent the - infringement of a third party's rights from continuing. - - 11. Warranties - - 11.1 Each party warrants and represents that: (i) it has full corporate - power and authority to enter into this Agreement and to perform the - obligations required hereunder; (ii) the execution and performance of - its obligations under this Agreement does not violate or conflict with - the terms of any other agreement to which it is a party and is in - accordance with any applicable laws; and (iii) it shall respect all - applicable laws and regulations, governmental orders and court orders, - which relate to this Agreement. - - 11.2 We warrant to you that: (i) we have the right to license the - Services: (ii) the Services shall be performed with reasonable skill - and care and in a professional manner in accordance with good industry - practice; (iii) that use of the Services will not infringe the - Intellectual Property Rights of any third party. The foregoing - warranties shall not: (a) cover deficiencies or damages relating to any - third-party components not furnished by us; or (b) any third party - provided connectivity necessary for the provision or use of the - Services. In the event of a breach of the warranties under this clause - 11.2, we shall have no liability or obligations to you other than to - reimburse the Fees for the Services. - - 11.3 No warranty is made regarding the results of usage of the Services - or that the functionality of the Services will meet the requirements of - you or that the Services will operate uninterrupted or error free. This - clause shall survive the termination of this Agreement. - - 11.4 You acknowledges that Services should not be used for high-risk - applications where precise locations or features on maps are essential - to you. - - 11.5 All Content provided via the Services, is provided "as is" and we - do not warrant the accuracy and completeness of the Content contained - within the Services, or the authenticity of data images, sounds, text - and other things which are uploaded to the Services by third parties. - We may make changes to the Content or to the products and prices - described in the Services at any time without notice. The Content in - the Services may be out of date, and we make no commitment to update - Content. The Content of the Services should only be used for - information purposes, and you should not rely on it to make or refrain - from making any decision or take or refrain from taking any action. We - provide no warranties in relation to Content and shall have no - liability whatsoever to you for its use or reliance upon any Content. - - 11.6 You warrant that you rightfully own the necessary user rights, - copyrights and ancillary copyrights and permits required for you to - fulfil your obligations under this Agreement. - - 11.7 You shall ensure that your network and systems comply with the - relevant Operating Rules provided by us from time to time and that it - is solely responsible for procuring and maintaining its network - connections and telecommunications links from your systems to our data - centres and all problems, conditions, delays, delivery failures and all - other loss or damage arising from or relating to your network - connections or telecommunications links or caused by the Internet. - - 11.8 Except as expressly stated in this Agreement, all warranties and - conditions, whether express or implied by statute, common law or - otherwise (including but not limited to satisfactory quality and - fitness for purpose), are hereby excluded to the fullest extent - permitted by law. - - 12. Liability - - 12.1 Neither party excludes or limits its liability for: (i) fraud; - (ii) death or personal injury caused by any negligent act or omission - in connection with the provision or use of the Services; (iii) wilful - misconduct; or (iv) anything which cannot lawfully be limited or - excluded by applicable law. - - 12.2 Neither party shall be liable for any Consequential Loss arising - out of or related to this Agreement or in tort (including negligence or - breach of statutory duty), misrepresentation or however arising, even - if the party was advised of the possibility of such damages. - - 12.3 Subject to clauses 12.1 to 12.3 inclusive the total liability of - us to you in aggregate (whether in contract, tort or otherwise) for any - and all claims relating to or arising under this Agreement or based - upon any claim for indemnity or contribution shall be limited to the - total Fees (excluding all taxes) paid by you to us during the 12 month - period prior to the date on which any such claim arose. If the duration - of the Agreement has been less than 12 months, such shorter period - shall apply. - - 12.4 Subject to clause 4.2, you shall be liable for any breaches of - this Agreement caused by the acts, omissions or negligence of any - Authorised Users who access the Services as if such acts, omissions, or - negligence had been committed by you. - - 12.5 The parties acknowledge and agree that in entering into this - Agreement, each had recourse to its own skill and judgement and have - not relied on any representation made by the other, their employees or - agents. - - 13. Indemnity - - 13.1. You agree to fully indemnify, defend and hold us, and our - officers, directors, employees, agents and suppliers, harmless on - demand, from and against all claims, liability, damages, fines, losses, - costs and expenses, including reasonable legal fees, arising out of: - (i) any breach of a third party's rights caused by you (or where you - are a Group User, by any Authorised User's) use of the Services in - breach of the terms of this Agreement; or (ii) any other liabilities - arising out of your or an Authorised User's use of the Services; or - (ii) use by any third party accessing the Services using your logins or - passwords. - - 14. Links to and from other websites - - 14.1. We are not responsible for the content of any websites linked to - the Services. We provide these links solely for convenience. If you use - these links, you leave our Website. We have not reviewed all of these - third-party websites and do not control and are not responsible for - these websites or their content or availability. We therefore do not - endorse or make any representations about them, or any material found - there, or any results that may be obtained from using them. If you - decide to access any of the third-party websites linked to the - Services, you do so entirely at your own risk. - - 14.2 If you would like to link to our Services you may do so on the - basis that you link to, but do not replicate, the home page of our - Website and subject to the following conditions: (i) you do not remove, - distort, or otherwise alter the size or appearance of our logos; (ii) - you do not create a frame or any other browser or border environment - around our Website; (iii) you do not in any way imply that we are - endorsing any products or services other than our own; (iv) you do not - misrepresent your relationship with us nor present any other false - information about us; (iv) you do not otherwise use any Languagenut.com - trademarks displayed on the Website, without express written permission - from us; (v) you do not link from a website that is not owned by you; - and (vi) your website does not contain content that is distasteful, - offensive or controversial, infringes any intellectual property rights - or other rights of any other person or otherwise does not comply with - all applicable laws and regulations. - - 14.3 We expressly reserve the right to revoke the rights granted in - clause 14.2 for any breach of this Agreement and reserve the right to - take any action that we deem appropriate for such breach. - - 15. Termination - - 15.1 We may immediately terminate this Agreement or the provision of - any Services provided pursuant to this Agreement if: (i) you have used - or permitted the use of the Services other than in accordance with this - Agreement; or (ii) we are prohibited under applicable law, or otherwise - from providing the Services. - - 15.2 Either party shall be entitled to terminate this Agreement on - written notice to the other party if the other party: (i) goes into - voluntary or involuntary liquidation (otherwise than for the purpose of - a solvent reconstruction or amalgamation) or has a receiver or - administrator or similar person appointed or is unable to pay its debts - within the meaning of s268 Insolvency Act 1986 or ceases or threatens - to cease to carry on business or if any event occurs which is analogous - to any of the foregoing in another jurisdiction; or (ii) commits a - material breach of any term of this Agreement which, if capable of - remedy, is not remedied within five (5) Business Days of receipt of a - written notice specifying the breach and requiring it to be remedied; - or (iii) is prevented by Force Majeure from fulfilling its obligations - for more than twenty eight (28) days. - - 15.3 Upon termination of this Agreement we shall immediately cease - providing the Services to you and all licences granted hereunder shall - terminate. No Fees already paid shall be refunded if the Agreement is - terminated prior to the end of the Term. - - 15.4 At your option and following receipt of a request from you, we - shall delete (in accordance with the terms of the DPA) or return all - personal data stored in our database in its then current format, free - of charge, provided that such request is made within 30 days of - termination. If you require any personal data to be returned in a - different format we reserve the right to charge for this additional - service on a time and materials basis. - - 15.5 Termination of this Agreement for whatever reason shall not affect - the accrued rights of the parties. All clauses which by their nature - should continue after termination shall, for the avoidance of doubt, - survive the expiration or sooner termination of this Agreement and - shall remain in force and effect. - - 16. Assignment - - No party may assign or transfer its rights under this Agreement without - the prior written consent of the other party, such consent shall not be - unreasonably withheld, however we shall be entitled to assign the - Agreement to: (i) any company in our group of companies; or (ii) any - entity that purchases our shares or assets as the result of a merger, - takeover or similar event. - - 17. Force Majeure - - If a party is wholly or partially prevented by Force Majeure from - complying with its obligations under this Agreement, then that party's - obligation to perform in accordance with this Agreement will be - suspended. As soon as practicable after an event of Force Majeure - arises, the party affected by Force Majeure must notify the other party - of the extent to which the notifying party is unable to perform its - obligations under this Agreement. If the Force Majeure event lasts for - more than 28 days, the non-defaulting party may terminate this - Agreement with immediate effect without penalty. - - 18. Miscellaneous - - 18.1 The parties are independent contractors and nothing in this - Agreement will be construed as creating an employer-employee - relationship. - - 18.2 Nothing contained in this Agreement or in any instrument or - document executed by any party in connection with the provision of the - Services is intended to be enforceable by a third party under the - Contracts (Rights of Third Parties) Act 1999, or any similar - legislation in any applicable jurisdiction. - - 18.3 Should a provision of this Agreement be invalid or become invalid - then the legal effect of the other provisions shall be unaffected. A - valid provision is deemed to have been agreed which comes closest to - what the parties intended commercially and shall replace the invalid - provision. The same shall apply to any omissions. - - 18.4 This Agreement constitutes the whole agreement and understanding - between the parties and supersedes all prior agreements, - representations, negotiations, and discussions between the parties - relating to the subject matter thereof. - - 18.5 In the event of any inconsistency between the content of the Terms - and Conditions, the DPA and the Privacy Policy, the Terms and - Conditions shall prevail followed by the DPA and then the Privacy - Policy. - - 18.6 Amendments to, or notices to be sent under this Agreement, shall - be in writing and shall be deemed to have been duly given if sent by - registered post to a party at the address given for that party in this - Agreement. Notwithstanding the aforesaid, we may change or modify the - terms of this Agreement upon giving you 30 days notice via email to the - email address used for billing purposes. All changes shall be deemed to - have been accepted by you unless you terminate the Agreement prior to - the expiry of the 30-day period. - - 18.5 This Agreement shall be governed by the laws of England and Wales. - The courts of England shall have exclusive jurisdiction for the - settlement of all disputes arising under this Agreement. - - * T&Cs - * Privacy Policy - * FAQs