Terms and Conditions

Welcome to the www.directenglishlive.com Website or the Portal (the “Website”). Please read these terms and conditions carefully before using the Website or the Direct English Live portal (the “Portal”).

You must be at least 18 years of age to use this Website or the Portal. By using the Website or the Portal and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age and are lawfully able to accept these terms and conditions. If you are not 18 years of age, please cease using this Website and the Portal immediately.

These terms and conditions apply between you, as a user of this Website or the Portal (including any sub-domains, unless expressly excluded by their own terms and conditions), and Linguaphone Group Limited (registered in England and Wales under company number 05694539 with registered office address Sutton Point, 6 Sutton Plaza, Sutton Court Road, Sutton, SM1 4FS, UK) trading as Direct English, the owner and provider of this Website and the Portal (“Linguaphone Group Ltd”, “we” or “us”).
Please read these terms and conditions carefully, as they affect your legal rights. By using the Website or the Portal you are confirming that you accept these terms and conditions and will  comply with and be bound by these terms and conditions. If you do not agree to these terms and conditions, you must cease using the Website and the Portal immediately.

We recommend that you print a copy of these terms for future reference and you must ensure you check back on this page of the Website regularly to ensure you are aware of any and all changes to these terms which we may make from time to time. 

We reserve the right to change any of the terms and conditions set out herein or any policy or guideline referred to herein or on the Website or the Portal at any time and at our sole discretion. When we make changes, we will revise the “last updated” date at the top of the terms and conditions. Any changes will be effective immediately upon posting on the Website or the Portal. Whenever you use the Website or the Portal, please check these terms and conditions to ensure you understand the terms that apply at that time. Your continued use of the Website or the Portal following the posting of changes will constitute your acceptance of such changes.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

If at any time you do not agree to be bound by these terms and conditions, you should stop using the Website or the Portal immediately.

Privacy Policy and Cookie Policy

Your use of the Website or the Portal is also subject to and governed by the terms of our Privacy Policy (which can be found here: https://directenglishlive.com/privacy-policy/) and our Cookie Policy (which can be found here: https://directenglishlive.com/cookie-policy/), which you are also deemed to accept when you use the Website or the Portal (subject to your rights to opt out or withdraw consent as stated in those policies), and which are incorporated into these terms and conditions by this reference.


Information About Us


The Website is a site owned and operated by Linguaphone Group Ltd. Our main trading address is the same as our registered office stated above and our VAT number is 872905009.

Suspension or withdrawal of the Website or the Portal

Our Website is made available free of charge.

We do not guarantee that our Website or the Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website or the Portal for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website or the Portal through your internet connection are aware of these terms and conditions and other applicable terms of service, and that they comply with them.

General Access to the Website or the Portal and Disclaimers

We try to ensure that availability of our Website or the Portal and online subscription services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.

Our Website and the Portal is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website or the Portal is appropriate for use or available in other locations.

ANY ONLINE FACILITIES, TOOLS, SERVICES, CONTENT OR INFORMATION THAT WE MAKE AVAILABLE THROUGH THE WEBSITE OR THE PORTAL ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE GIVE NO WARRANTY THAT THEY WILL BE FREE OF DEFECTS AND/OR FAULTS.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, WE PROVIDE NO WARRANTIES (EXPRESS OR IMPLIED) OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF CONTENT OR INFORMATION, COMPATIBILITY AND SATISFACTORY QUALITY. WE MAY UPDATE THE WEBSITE OR THE PORTAL FROM TIME TO TIME AND MAY CHANGE THE CONTENT AND/OR ANY INFORMATION ON IT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. HOWEVER, WE ARE UNDER NO OBLIGATION TO UPDATE INFORMATION OR CONTENT ON THE WEBSITE OR THE PORTAL AND YOU MUST NOTE THAT ANY CONTENT OR INFORMATION ON THE WEBSITE OR THE PORTAL MAY BE OUT OF DATE AT ANY GIVEN TIME.

WE ALSO DO NOT WARRANT OR REPRESENT THAT THE WEBSITE OR THE PORTAL OR ANY FEATURES OR CONTENT CONTAINED THEREIN, OR ANY SERVICE PROVIDED BY US, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU VIA THE WEBSITE OR THE PORTAL OR OUR SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE PORTAL OR ANY ASPECT OF ANY OF OUR SERVICES, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE OR THE PORTAL.

Whilst we use reasonable endeavors to ensure that the Website or the Portal is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and you must take responsibility for your own security, that of your personal details and your computer(s). You are also responsible for ensuring that all persons who access the Website or the Portal through your internet connection are aware of these terms and conditions and the other terms and policies referred to herein and that they comply with them.

WE ACCEPT NO LIABILITY FOR ANY DISRUPTION OF THE WEBSITE OR THE PORTAL OR ACCESS TO OR NON-AVAILABILITY OF THE WEBSITE OR THE PORTAL BEYOND OUR REASONABLE CONTROL OR WHICH MAY BE REQUIRED AS A RESULT OF EMERGENCY OR PLANNED MAINTENANCE AND/OR MANAGEMENT OF THE WEBSITE OR THE PORTAL. YOUR ACCESS TO THE WEBSITE OR THE PORTAL MAY BE OCCASIONALLY SUSPENDED OR RESTRICTED TO ALLOW FOR REPAIRS, MAINTENANCE OR THE INTRODUCTION OF NEW FACILITIES OR SERVICES. WE WILL ATTEMPT TO LIMIT THE FREQUENCY AND DURATION OF ANY SUCH SUSPENSION OR RESTRICTION. ACCESS TO THE WEBSITE OR THE PORTAL REQUIRES INTERNET ACCESS WHICH YOU ARE SOLELY RESPONSIBLE FOR PROCURING AND FOR WHICH WE SHALL HAVE NO LIABILITY OF ANY KIND. YOU MUST ALSO ENSURE THAT YOU HAVE SUITABLY COMPATIBLE COMPUTER EQUIPMENT AND SOFTWARE TO ENABLE USE OF THE WEBSITE OR THE PORTAL AND OUR SERVICES.

We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website and/or the Portal at any time including, but not limited to, any products and/or services available. In the event of a total discontinuation of the Website and the Portal, we will use reasonable endeavors to give you a minimum of 60 days’ prior notice of the same and shall notify you of any alternative website or portal with which we intend to replace the Website or the Portal (if any – there being no obligation on us to create, implement or operate any such replacement). These terms and conditions shall continue to apply to any modified version of the Website or the Portal unless it is expressly stated otherwise.

Keeping account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions or any other applicable terms or policies. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at admin@directenglishlive.com.


Intellectual Property Rights and Acceptable Use – How to use material on the Website or the Portal


All content and information included on the Website or the Portal is the property of Linguaphone Group Ltd, our affiliates and/or other relevant third parties from whom we have licensed it and is protected by English and international copyright and database right laws and treaties around the world. All such rights are reserved. The compilation of all content and all software on the Website or the Portal is the exclusive property of Linguaphone Group Ltd and/or its affiliates and/or its licensors and is protected by English and international copyright and database right laws, as applicable.

In these terms and conditions, content includes, without limitation, any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Website or the Portal. By continuing to use the Website or the Portal you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights which are owned by Linguaphone Group Ltd and/or its affiliates and licensors. Nothing on the Website or the Portal shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website or the Portal without our prior written permission.

Individual documents on the Website or the Portal may be subject to additional terms indicated in those documents. The use of the Website or the Portal and the content therein is permitted solely for your private, non-commercial use. The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated.

You may, for your own personal, non-commercial use only, retrieve, display, download, receive by email and view the content on a computer screen and print copies of extracts from pages on the Website or the Portal for personal use only and not for redistribution to any third party. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content or any part thereof, or any paper copies of the same printed off by you or others on your behalf, without the written permission of Linguaphone Group Ltd. Our status (and that of any identified contributors) as the authors and/or owners of content on our Website or the Portal must always be acknowledged (except where the content is user-generated).

Please note that the Website or the Portal is an independent Website or the Portal owned and operated by Linguaphone Group Ltd. It is not affiliated in any way with any other Website or the Portal, trademark or branding owned or operated by third parties.

If you print off, copy, download, share or repost any part of our Website or the Portal in breach of these terms and conditions, your right to use our Website or the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms and conditions).

No text or data mining, or web scraping

You must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or the Portal or any services provided via, or in relation to, our Website or the Portal for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

  • Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Website or the Portal or any data, content, information or services accessed via the same.

  • Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

The provisions in this section should be treated as an express reservation of our rights in this regard, including (but not limited to) for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

You must not use, and we do not consent to the use of, our Website or the Portal, or any data published by, or contained in, or accessible via, our Website or the Portal or any services provided via, or in relation to, our Website or the Portal for the purposes of developing, training, fine-tuning or validating any AI system or model.

This section will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Trademarks

Each of www.directenglishlive.com and ‘Direct English’ and ‘Direct English Live’ is a trademark, registered trademark or intellectual property managed by Linguaphone Group Ltd in the European Union and/or other jurisdictions. The graphics, logos, page headers, button icons, scripts and service names of www.linguaphone.co.uk, www.linguaphonegroup.com and www.linguaphone-ishop.com are the trademarks or intellectual property of Linguaphone Group Ltd or its licensors. All such trademarks and intellectual property may not be used in connection with any product or service that is not branded “Direct English Live” or with one of Linguaphone Group Ltd’s other brand names, nor in any manner that is likely to cause confusion among customers, nor in any manner that disparages or discredits Direct English Live or Linguaphone Group Ltd or its licensors or any of its or their marks or intellectual property. You may not use metatags or any other “hidden text” utilising “Direct English” or “Direct English Live” or any other name, trademark or product or service name of Linguaphone Group Ltd or its licensors without our prior written permission.

All other trademarks not owned by Linguaphone Group Ltd that appear on the Website or the Portal are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Linguaphone Group Ltd. Direct English is a registered trademark owned by Linguaphone Group Ltd. Other product and company names mentioned herein may be trademarks or trade names of their respective owners.

Your access to the Website or the Portal should not be construed as granting, by implication, or otherwise, any licence or right to use any marks appearing on the Website or the Portal without the prior written consent of Linguaphone Group Ltd or the relevant third-party owner thereof. Linguaphone Group Ltd and its affiliates maintain and defend their brand names and trademarks via selected agencies who work alongside the trademark bodies of each country’s government. A constant search for any infringements to our brands or copyrights is undertaken and suitable action taken to prevent or cease abuse.

Photo credits

Images have been supplied by Linguaphone Group affiliates and partners and any other images are copyright of third party licensors selected by Linguaphone Group Ltd. from time to time.

Prohibited Use


You may not use the Website or the Portal for any of the following purposes:

1. in any way which causes, or may cause, damage to or which may disable, overburden, impair or harm the Website or the Portal or any of our servers, networks, computer systems or resources or which interferes with any other person’s use or enjoyment of the Website or the Portal;
2. in any way which is harmful, unlawful, illegal, offensive, abusive, indecent, defamatory, obscene, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order or which infringes any third party’s rights;
3. knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, whether in respect of the Website or the Portal itself or otherwise;
4. in any way which attempts to gain or is successful in gaining unauthorized access to our servers, computer systems, networks, the Website or the Portal or any of our software or databases;
5. making, transmitting or storing electronic copies of content protected by copyright or any other intellectual property right without the permission of the owner;
6. fraudulent purposes or in any way in connection with political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety.
You may not systematically extract and/or re-utilize parts of the contents of the Website or the Portal without express written consent from Linguaphone Group Limited. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Website or the Portal, without express written consent from Linguaphone Group Limited. You also may not create and/or publish your own database that features substantial (for example but without limitation, our prices and product listings, substantial elements of our content and other material elements of the Website or the Portal) parts of the Website or the Portal without express written consent from Linguaphone Group Limited.

You must not attack the Website or the Portal via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them, to which you hereby expressly and irrevocably consent. In the event of such breach, your right to use the Website or the Portal will also cease immediately.
You must not allow any third party to make use of the Website or the Portal using your subscription or subscription details. Your subscription is purely personal to you and any password you use must be kept confidential at all times.


Interactive services


We may from time to time provide interactive services on the Website or the Portal, including, without limitation:

· our Social App, enabling interactive discussions with other users of the Website or the Portal
· Chat rooms.
· Bulletin boards.
(“interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Website or the Portal, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website or the Portal, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Uploading content to the Website or the Portal
Whenever you make use of a feature that allows you to upload content to the Website or the Portal, or to make contact with other users of the Website or the Portal, you must comply with the content standards set out below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to the Website or the Portal will be considered non-confidential and not protected by any trade mark, patent or copyright (i.e. it is non-proprietary). You retain all of your ownership rights in your content, but you are required to grant us and other users of the Website or the Portal a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website or the Portal constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website or the Portal.

We have the right to remove any posting you make on the Website or the Portal if, in our opinion, your post does not comply with the content standards set out below.

The views expressed by other users on the Website or the Portal do not represent our views or values.

Rights you licence


When you upload or post content to or via the Website or the Portal, you grant the following licenses:

· To us and our affiliates, the non-exclusive, transferable, worldwide, royalty-free, sub-licensable right to use, store, copy and distribute any content you post on or in connection with the Website or the Portal;
· To other users, the non-exclusive, transferable, royalty-free, worldwide right to freely access and use such content and to associate it with you.

User-generated content is not approved by us

Our Website or the Portal may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website or the Portal do not represent our views or values.

Do not rely on information on this Website or the Portal

The content on our Website or the Portal is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or the Portal.

Content standards

These content standards apply to any and all material which you contribute to or via the Website or the Portal (“contributions”), and to or via any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:
· Be accurate (where they state facts).
· Be genuinely held (where they state opinions).
· Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
· Contain any material which is defamatory of any person.
· Contain any material which is obscene, offensive, hateful or inflammatory.
· Promote sexually explicit material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
· Give the impression that they emanate from us, if this is not the case.
· Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination


We will determine, in our discretion, whether there has been a breach of the above terms and conditions through your use of the Website or the Portal. When a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with the above terms relating to acceptable use of the Website or the Portal constitutes a material breach of these terms of use of the Website or the Portal as a whole, and may result in our taking all or any of the following actions:

· Immediate, temporary or permanent withdrawal of your right to use the Website or the Portal.
· Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website or the Portal.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions we take in response to breaches of our acceptable use terms and conditions. The responses described in these terms and conditions are not limited, and we may take any other action we reasonably deem appropriate.

Linking to the Website or the Portal and links to other Website or the Portals

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of the Website or the Portal as long as you do so in a way that is fair and legal and the link does not portray the Website or the Portal, Linguaphone Group Limited or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner and does not otherwise adversely affect our reputation or seek to take advantage of it. You may not use any Linguaphone Group Limited’s or any of its affiliates’ logo or other proprietary graphic or trademark as part of the link without our express written consent.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any Website or the Portal that is not owned by you. The Website or the Portal must not be framed on any other site, nor may you create a link to any part of the Website or the Portal other than the home page. We reserve the right to withdraw linking permission without notice.

The Website or the Portal may, from time to time, provide links to and from other Website or the Portals. We have no control over such Website or the Portals and are not responsible for the content of these Website or the Portals. Our terms and conditions and our privacy policy do not extend to your use of such Website or the Portals. If you follow a link to any of these Website or the Portals, they will have their own privacy policies and terms and you are advised to read the privacy policy and terms of other Website or the Portals prior to using them and/or submitting personal data to them. We do not accept any responsibility or liability for such policies or terms.

The inclusion of a link to another site on the Website or the Portal does not imply any endorsement of the sites themselves or of those in control of them.

Photograph/Images, Copyright and Defamation Issues or Complaints

Photographs/images – if you believe that a photograph or image of you is being used on the www.directenglishlive.com  Website or the Portal and you no longer wish this to be used, please set out in writing as much detail as possible regarding the relevant photograph/image, where you have found it on our Website or the Portal and a scan or copy of the relevant photograph/image and contact us, providing all of the above information to us and your relevant contact details, at: Photograph/image Usage, www.directenglishlive.com , Head of Marketing, Sutton Point, 6 Sutton Plaza, Sutton Court Road, Sutton, SM1 4FS, UK or by email to admin@directenglishlive.com. We will then seek to contact you to the extent we need any further information in order to rectify any issue or respond to your request.

Copyright issues – Linguaphone Group Ltd and its affiliates respect the intellectual property rights of others and if you believe that your work has been copied in a way that constitutes copyright infringement, please file a notification of such infringement by copying the “Notice to www.directenglishlive.com  of Copyright Infringement” below into a new document, completing it in accordance with the instructions in the Notice and sending a printed, signed copy to: Copyright Claims, www.directenglishlive.com , Head of Marketing, Sutton Point, 6 Sutton Plaza, Sutton Court Road, Sutton, SM1 4FS, UK or a scan of the same by email to admin@directenglishlive.com.


– Notice of Copyright Infringement:


In the matter of www.directenglishlive.com
Statement
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
I refer to the Website or the Portal www.directenglishlive.com  / (“the Website or the Portal”). I make this statement in support of my giving Linguaphone Group Limited notice that, via the Website or the Portal, it is causing or contributing to an infringement of copyright.
The work in which copyright is claimed to subsist is [please clearly identify and describe the copyright work(s) claimed to be infringed] (“Copyright Work”).
[I am] OR [I am authorised to act on behalf of] the owner of an exclusive right in the Copyright Work that is claimed to be infringed. [If the person making the statement is acting on behalf of the Complainant please include the following:] The person/entity claiming that its rights in the Copyright Work have been infringed is [please state name and address of the person/entity] (“Complainant”). I am [please explain the relationship of the signatory to the Complainant].
The material which is claimed to infringe the Copyright Work (“Infringing Material”) is: [please clearly identify and describe the infringing material or work(s)].
The Infringing Material (delete whichever paragraph is not applicable): (a) [is] OR [is part of a (book/CD/DVD/video/MP4 player) entitled (title and author)] available from www.directenglishlive.com  via the Website or the Portal. [If the Infringing Material comprises only part of the relevant title, include the following:] The Infringing Material comprises [please describe where in the product the copyright work appears, e.g.: pages, track numbers, video/DVD timecode] of this product.
OR
(b) appears on the Website or the Portal at [please cut and paste the address of the relevant Web page from the Website or the Portal where the Infringing Material appears].
The use of the Infringing Material described in paragraph 5 infringes [my rights] OR [the rights of the Complainant] in the Copyright Work and is not authorised by the copyright owner, its agent(s), or the law.
I understand that this statement may be used in any court proceedings that may arise out of or relating to the Infringing Material.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Date:
Please note that this procedure is exclusively for notifying Linguaphone Group Limited that your copyrighted material has been infringed on the Website or the Portal. Please provide your address, telephone number, and e-mail address. IMPORTANT WARNING: GIVING FALSE, MISLEADING OR INACCURATE INFORMATION IN THE ABOVE NOTICE OF COPYRIGHT INFRINGEMENT MAY RESULT IN CIVIL AND/OR CRIMINAL LIABILITY.


Defamation claims – Linguaphone Group Ltd operates on a “notice and takedown” basis. If you believe that any content on, or advertised for sale on, the Website or the Portal contains a defamatory statement, please file a notification of such infringement by copying the “Notice to www.directenglishlive.com  of Copyright Infringement” below into a new document, completing it in accordance with the instructions in the Notice and sending a printed, signed copy to: Defamation Notices, www.directenglishlive.com , Head of Marketing, Linguaphone Group, Sutton Point, 6 Sutton Plaza, Sutton Court Road, Sutton, SM1 4FS, UK or a scan of the same by email to admin@directenglishlive.com.
– Notice of Defamatory Content:
In the matter of www.directenglishlive.com
Statement
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
I refer to the Website or the Portal www.directenglishlive.com  (“the Website or the Portal”). I make this statement in support of my giving Linguaphone Group Ltd Limited notice that, via the Website or the Portal, it is causing or contributing to the publication of a defamatory statement.
The defamatory words (delete whichever paragraph is not applicable):
(a) appear in a book being sold via the Website or the Portal entitled [please state the book name and its author]. The defamatory words appear on page [please state the page number(s) where you consider there are defamatory words].
OR
(b) appear on the Website or the Portal at [please cut and paste the address of the relevant Web page from the Website or the Portal where the defamatory words appear].
The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
These words are defamatory because [please state why you consider the words are defamatory].
The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Dated:
Once this procedure has been followed, Linguaphone Group Ltd will use all reasonable endeavours to remove the defamatory content complained about within a reasonable time. Please note that this procedure is exclusively for notifying Linguaphone Group Ltd of defamatory content on or advertised for sale on the Website or the Portal. Please provide your address, telephone number, and e-mail address when sending the notice to us. IMPORTANT WARNING: GIVING FALSE, MISLEADING OR INACCURATE INFORMATION IN THE NOTICE TO LINGUAPHONE GROUP LIMITED OF DEFAMATORY CONTENT MAY RESULT IN CIVIL AND CRIMINAL LIABILITY.

Electronic communications

When you visit the Website or the Portal or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Please refer to our Privacy Policy (Privacy policy – directenglishlive) for more details.

Limitation of Liability


NOTHING IN THESE TERMS AND CONDITIONS WILL: (A) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR OR YOUR NEGLIGENCE, AS APPLICABLE; (B) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) LIMIT OR EXCLUDE ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW.
WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES ARISING OUT OF EVENTS BEYOND OUR REASONABLE CONTROL. WE WILL ALSO NOT BE LIABLE TO YOU OR ANY OTHER USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE PORTAL OR ANY OF OUR SERVICES OR USE OR OF RELIANCE UPON ANY CONTENT OR INFORMATION DISPLAYED ON THE WEBSITE OR THE PORTAL.
IN PARTICULAR, BUT WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW , WE ACCEPT NO LIABILITY FOR ANY OF THE FOLLOWING:
1. ANY BUSINESS LOSSES, SUCH AS LOSS OF PROFITS, INCOME, REVENUE, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, GOODWILL OR COMMERCIAL OPPORTUNITIES;
2. LOSS OR CORRUPTION OF ANY DATA, DATABASE, FILES, EMAIL OR SOFTWARE;
3. ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN RESPECT OF ANY LOSSES ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OUR CONTRACT WITH YOU, OUR SERVICES AND/OR THE WEBSITE OR THE PORTAL EXCEED A SUM EQUAL TO THE TOTAL SUMS PAID BY YOU, IF ANY, TO US FOR ACCESS TO THE WEBSITE OR THE PORTAL AND/OR OUR SERVICES IN THE THREE CALENDAR MONTHS PRIOR TO THE DATE OF THE LOSS GIVING RISE TO LIABILITY PURSUANT TO THIS CLAUSE, SAVE THAT, WHERE YOU ARE ACTING AS A CONSUMER, YOU ACCEPT AND ACKNOWLEDGE THAT WE ARE PROVIDING THIS WEBSITE OR THE PORTAL FOR DOMESTIC AND PRIVATE USE ONLY AND IF DEFECTIVE DIGITAL CONTENT THEREON DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CAREAND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU REASONABLE COMPENSATION. THIS CLAUSE SHALL SURVIVE TERMINATION OF THE CONTRACT BETWEEN YOU AND US.
This provision does not affect your statutory rights.


Waiver and Severability of terms


No waiver of rights by us shall be effective unless made in writing and notified to you. Any delay or forbearance by us in enforcing our rights against you will not affect our ability to do so. Any waiver by us of any breach shall only apply in respect of that breach and will not affect our ability to enforce our rights against you in respect of any other breach of these terms and conditions. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severed and will not affect the validity and enforceability of any remaining term or condition.


Applicable law and jurisdiction


If you are a consumer, please note that these terms and conditions, their subject matter and the contract formed with you, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms and conditions, their subject matter and the contract formed with you (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

General terms

You may not transfer any of your rights under these terms and conditions to any other person. You are granted by us a personal, non-exclusive and non-transferable right to use the Website or the Portal and our services in accordance with and subject to these terms and conditions. We may transfer our rights under these terms and conditions as we see fit and where we reasonably believe your rights will not be affected, including but not limited to novating any contract between you and us to a third party, which you hereby irrevocably consent to in advance.
These terms and conditions together with the documents referred to herein contain the whole agreement between you and us relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation thereto.
You accept and acknowledge that in accepting these terms and conditions and entering into any contract with us, you have not relied and do not rely on any undertaking, promise, assurance, statement, representation or understanding (whether in writing or not) of any person (whether a party to such terms and conditions and/or contract or not) relating to the subject matter of these terms and conditions and/or any such contract.

Subscription terms and conditions

These terms and conditions constitute a legal agreement (“Contract”) between you (“User” or “you”) and Linguaphone Group Limited of Sutton Point, 6 Sutton Plaza, Sutton Court Road, Sutton, SM1 4FS, United Kingdom (“LGL”, “us” or “we”) for your use of the services connected to our Direct English Live online portal, its content and related computer software, any related app, the data supplied with such software or app, and any associated media (“DE Live”).

Important notice to all users:

  • Please read the terms of this contact carefully before you submit your order. By clicking “agree and continue" to the terms and conditions of sale before placing an order, you are confirming that you agree to be bound by this contract. 
  • If you do not accept and agree with these terms, you have no right to order DE Live and must not download the software and the app and use DE Live. 
  • In particular, you expressily agree the limitations on liability in clause 11. 

You should download and print a copy of this Contract for future reference.

1. Formation of the contract

1.1 Once you have selected the services you need on our website  https://www.directenglishlive.com you will submit an order by which you confirm that you are at least 18 years of age to both purchase and participate in the course.

1.2 Once the payment processor send us the authorisation to collect the payment for DE Live, we will email you the confirmation of your order, together with a copy of this Contract and the related privacy notice.

1.3 The order confirmation confirms LGL’s acceptance of your order and the Contract is then formed and become legally binding.

1.4 In addition to this Contract, if you use DE Live for personal purposes as a consumer (i.e. unrelated to any business, commercial, craft or professional activity) then you may be entitled to additional consumer protections and rights under applicable law (“Consumer”).

1.5 To use the DE Live services, you must have, at your own expense, a device connected to the internet. We use our reasonable endeavors to ensure DE Live is available to you. However, owing to the nature of the internet, we cannot guarantee that DE Live or the websites to which it is linked or through which it is accessed will be available to you.  You should ensure that you have appropriate protection against viruses and other malware and other security arrangements in place whilst using the internet and DE Live.

2. Duration, termination and suspension

2.1 For all courses, unless cancelled earlier in accordance with this Contract, the Contract will terminate once all DE Live services placed in your order have been provided in full, at which point the obligations set out in the Contract shall cease. In the event that you fail to attend one or more planned lessons as part of the Contract, we shall be entitled to assume you no longer wish to receive DE Live and we reserve the right, exercisable at our discretion, to terminate the Contract on provision of simple notice to you (or such other notice as may be required under applicable law), without any right to reimbursement.

2.2 For all of our services/courses we offer a 14 day trial period free of charge. Your free trial period shall commence when you sign up for the relevant service/course by placing an order for the same and shall continue for 14 days from and including the day after you sign up. If you wish to cancel the service/course at any time during your free trial period, you may do so simply by notifying us via our website or any relevant contact details we may provide to you along with course confirmation.

2.3 When you sign up for any service or course you will be asked to provide payment details, even where there is a free trial period. These details will be used by our payment processor automatically upon expiry of the relevant free trial period to take payment for the first month of your service/course. Your service/course will then automatically renew each month, unless otherwise cancelled or terminated by you or us in accordance with this Contract, and payments will then be taken automatically at monthly intervals in advance on or about the same date each month. For example, if you sign up for a course on 1 January, your free trial period will expire on 15 January and you will be charged the relevant initial monthly fee on 16 January and subsequent monthly fees on the 16th of each month thereafter.

2.4 We cannot and do not guarantee full availability of DE Live at all times. DE Live may be unavailable for reasons beyond our control or due to any reasonable requirement for us to suspend part or all of the DE Live services. We will have no liability to you should this be the case. Your contractual rights will cease in case of interruption of DE Live services and consequently you will not have any further access to the online portal and/or App.

2.5 We may terminate this Contract immediately by written notice to you if you commit a material or persistent breach of these terms and conditions which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so or if you act in a manner which we (acting reasonably) deem to be inappropriate or detrimental to DE Live, the use of DE Live by others or our business. In the event of any such breach or action, without limiting our rights above, we shall also be entitled to suspend all access by you to DE Live forthwith on notice to you until such time as all breaches are remedied to our reasonable satisfaction (if remediable), without any liability to you of any kind.

2.6 Upon termination for any reason:

  • (a) all rights granted to you under this Contract shall cease;
  • (b) you must immediately cease all activities authorised by this Contract;
  • (c) you must immediately delete or remove any software made available to you via, or forming part of, DE Live from all computer equipment and devices in your possession;
  • (d) we are entitled to cancel your account and consequently you will not have any further access to the online portal and/or App.

2.7 Without prejudice to the provisions regarding the termination described above, LGL reserves the right to suspend the DE Live services forthwith in the event that payment of any sum is not received by us when the same is due for payment to us.

3. Payment

3.1 All prices are displayed on the DE Live website. All prices quoted include applicable taxes and charges incurred by LGL for use of debit or credit cards unless otherwise stated. You may incur additional charges for the use of debit or credit cards from your provider and such charges are in addition to the advertised price. Prices may change from time to time, but this will not affect any order which has been confirmed by an order confirmation issued by us.

3,2 Payment can be made by credit or debit card (or any other payment method displayed on the DE Live website) as explained in the order process. In all cases LGL treats payment as confirmation that you are the person authorised to use such credit card or debit card and that you are over the age of 18 years.

3.3 All payments and financial transactions made in connection with our services and courses are processed by a third party payment processor. These will be subject to such payment processor’s own terms and conditions, privacy policy and terms of use, with which we recommend you familiarise yourself. Payments by credit or debit card are usually processed immediately via the payment processor over a secure link. No card details are held by LGL. In no event will LGL be responsible for the actions or omission of any third party payment processor, including but not limited to any failure in payment systems or payment service outages or downtime.

3.4 For the avoidance of doubt, unless we have agreed instalment plans, until you have paid for your use of DE Live in full each month, you shall have no right to access the relevant services and LGL may prevent you from accessing all or any part of DE Live without liability to you, save to the minimum extent required by applicable law.

4. Cancellation by LGL

4.1 LGL may cancel the Contract by giving you notice in writing (whether by email or otherwise) for any reason at any time prior to the start of the DE Live services without liability to you. If LGL cancels the Contract pursuant to this clause it will refund the price paid by you for the relevant service.

4.2 LGL may also cancel, amend, replace or discontinue any part or all of the DE Live services and/or may permanently terminate your access to and use of the same at any time thereafter in the event we deem it appropriate to do so (whether for an economic, technical, organisational or any other reason). In the event of a permanent termination of your access to and use of, or the total discontinuation of, the DE Live services as a whole, we will use reasonable endeavours to give you a minimum of 30 days’ prior notice of the same and shall notify you of any replacement services we intend to implement (if applicable). In the event you have paid a relevant monthly payment which covers days after termination of the Contract by LGL, you will receive a pro rata refund for the same.

5. Cancellation by you

5.1 If you do not wish your service or course to automatically renew each month then you may cancel at any time and must notify us of your wish to terminate in accordance with the terms of this Contract. If you are a Consumer, you have a legal right to cancel the Contract for any reason (including if you change your mind) within 14 days starting on the day after the order placement confirmation, the “Free Trial Period”. The Free Trial Period will end at midnight (GMT) on the 14th day after the date on which you placed your order. Where you cancel within the Free Trial Period, the Contract will terminate immediately (and any sums you have paid to us for the Contract will be refunded, less the value of any services used by you from the date of your order confirmation up to the date of your cancellation, if applicable).

5.2 After expiry of the Free Trial Period you may cancel your service or course at any time by notifying us of your wish to terminate in accordance with the terms of this Contract. Your cancellation (and termination of the service/course) shall take effect at the end of the latest month for which you have made payment in advance and your service or course will then not automatically renew.

5.3 To exercise the right to cancel, you must inform LGL of your decision to cancel the Contract by a clear statement to that effect through our website.

5.4 If you exercise your cancellation right, you shall have no right to access the relevant services beyond the point of termination of the Contract as stated above and LGL may prevent you from accessing all or any part of DE Live without liability to you.

6. Use of DE Live

6.1 In order to proceed with your request for DE Live services you will need to complete a form with your data and register on our online learning platform. You will need to choose a username and password that shall be required any time you access to DE Live.

6.2 Once your payment is authorised, we will provide you with details of how you can access your DE Live account either as part of the order confirmation or separately by email or other electronic notification.

6.3 We only make DE Live available for domestic and private use. You agree not to use DE Live for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Similarly, we exclude all liability for indirect and consequential losses you may suffer however arising in connection with DE Live, this Contract or anything connected with the same.

6.4 Any key code or other access code is personal to you, cannot be transferred and will expire 6 months from issue unless the order process states otherwise. You must ensure the same is kept confidential and secure and must not disclose or share it with anyone else.

7. DE Live licence

7.1 Subject to this Contract and in consideration of you agreeing to abide by the terms of it, we hereby grant to you a personal, non-exclusive, non-transferable licence to use DE Live on the terms of this Contract (“License”).

7.2 To the extent reasonably necessary for your language learning requirements as part of any Direct English learning programme, you may for your own personal, non-commercial use only, retrieve, display and view any content made available to you via DE Live on a computer screen and print copies of extracts of such content for personal use only and not for redistribution to any third party. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content or any part thereof without our written permission.

8. Restriction to the license

8.1 Except as expressly set out and permitted by the Contract, you undertake:

  • a) not to copy any element of DE Live nor to rent, lease, sub-license, loan, share, distribute, translate, merge, adapt, vary or modify any element of DE Live;
  • b) not to make alterations to, or modifications of, the whole or any part of DE Live, nor permit DE Live or any part of it to be combined with, or become incorporated in, any other programs;
  • c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any software forming part of DE Live nor attempt to do any such thing except to the extent that (by virtue of any applicable copyright or other intellectual property law which cannot be excluded) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of such software with another software program, and provided that the information obtained by you during such activities:
    • i) is limited to the parts of the software necessary for the inter-operability;
    • ii) is used only for the purpose of achieving inter-operability of such software with another software program; and
    • iii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
    • iv) is not used to create any software which is substantially similar to such software;
  • d) to keep any permitted copies of any element of DE Live secure;
  • e) to include our copyright notice on all entire and partial copies you make of any element of DE Live on any medium;
  • f) not to share, disclose or permit the sharing, disclosure or use of your unique password or access code with, to or by any third party at any time. Without limiting the foregoing, you shall ensure that your unique password and any access code is not stored on any computer or device used by you such that any other user of that computer or device could or would be able to use or access your password or code;
  • g) to ensure that your unique password and any access code is only used on one computer or device by you at any one time;
  • h) to notify us immediately if you are aware or suspect that your password or access code is no longer secure and/or that third parties may have or have had access to the same and/or any other security breaches involving their devices may have or have had occurred (e.g. loss of the device without adequate measures to prevent use of your password or access code).

9. Third-party links

9.1 Except as expressly set out by the Contract, you undertake:

(a) not to copy any element of DE Live nor to rent, lease, sub-license, loan, share, distribute, translate, merge, adapt, vary or modify any element of DE Live;

(b) not to make alterations to, or modifications of, the whole or any part of DE Live, nor permit DE Live or any part of it to be combined with, or become incorporated in, any other programs;

(c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any software forming part of DE Live nor attempt to do any such thing except to the extent that (by virtue of section 64 quarter of Law No. 633/1941 – Italian Copyright Law or any other equivalent applicable law) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of such software with another software program, and provided that the information obtained by you during such activities:

  • (i) is limited to the parts of the software necessary for the inter-operability;
  • (ii) is used only for the purpose of achieving inter-operability of such software with another software program; and
  • (iii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
  • (iv) is not used to create any software which is substantially similar to such software;

(d) to keep any permitted copies of any element of DE Live secure;

(e) to include our copyright notice on all entire and partial copies you make of any element of DE Live on any medium;

(f) not to share, disclose or permit the sharing, disclosure or use of your unique password by any third party at any time. Without limiting the foregoing, you shall ensure that your unique password is not stored on any computer or device used by you such that any other user of that computer or device could or would be able to use or access your password;

(g) to ensure that your unique password is only used on one computer or device by you at any one time;

(h) to notify us immediately if you are aware or suspect that your password is no longer secure and/or that third parties may have or have had access to the same and/or any other security breaches involving their devices may have or have had occurred (e.g. loss of the device without adequate measures to prevent use of your password).

9.2 If you breach even one of the undertakings under section 9.1 above, you undertake to indemnify and hold DE Live harmless, for the maximum term provided for by applicable law, from any detrimental consequences (including damage and damages claims) that arise directly or indirectly from third-party claims (including those of other users or the authorities) by reason of, or in any case connected with, the breach.

Certain content, products and services available via our Service may include materials from third-parties.

10. Intellectual property rights

10.1 You acknowledge that all intellectual property rights in all elements of DE Live anywhere in the world belong to us, that rights in the same are licensed (not sold) to you, and that you have no rights in, or to, any element of DE Live other than the right to use them in accordance with the terms of this Contract.

10.2 You acknowledge that you have no right to have access to any software provided to you or which you may access via DE Live in source code form.

10.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Software that is faulty or not as described.

11. LIMITATION OF LIABILITY

11.1 YOU ACKNOWLEDGE THAT DE LIVE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF DE LIVE MEET YOUR REQUIREMENTS.

11.2 THE SERVICES WE PROVIDE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY LGL ARE PROVIDED TO YOU ON AN “AS IS” BASIS. LGL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LGL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICES MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LGL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICES WE PROVIDE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICES, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF LGL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGL’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

11.3 NOTHING IN THIS CONTRACT SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

 (A) DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE;

 (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR

 (C) GROSS NEGLIGENCE BY LGL.

12. Communication between us

12.1 If you wish to contact us in writing, or if any condition in this Contract requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Linguaphone Group Limited at Sutton Point, 6 Sutton Plaza, Sutton Court Road, Sutton, SM1 4FS, United Kingdom or customercare@directenglishlive.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

12.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us.

13. Events outside our control

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.

13.3 If such an event takes place that affects the performance of our obligations under this Licence:

(a) our obligations under this Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event in question and its effect on us; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under this Contract may be performed despite the event.

14. Other important terms

14.1 We may transfer our rights and obligations under this Contract to another organisation, but this will not affect your rights or our obligations under this Contract.

14.2 You may only transfer your rights or your obligations under this Contract to another person if we agree in writing.

14.3 If we fail to insist that you perform any of your obligations under this Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.4 Each of the terms and conditions of this Contract operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such term/condition shall be severed from the Contract and the remaining terms and conditions will remain in full force and effect.

14.5 These terms and conditions along with the documents referred to herein contain the whole agreement between you and us relating to the Contract and its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation thereto. You accept and acknowledge that, in entering into this Contract, you have not relied on and do not rely on any undertaking, promise, assurance, statement, representation or understanding (whether in writing or not) of any person (whether a party to such terms and conditions and/or Contract or not) relating to the subject matter of this Contract.

14.6  Please note that this Contract, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. To the extent the same applies to you, Consumers within the EU can find all necessary information for online dispute resolution mechanisms (ODR) at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.


Questions or comments


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