TERMS & CONDITIONS
PAYMENT OPTIONS
By registering to dexway.com you are accepting the following terms
NEWSLETTER
By registering to dexway.com you accept to subscribe to the Dexway newsletter in order to be informed of any upcoming news and facts of interest related to Dexway. You can unsubscribe by sending an email to info@dexway.com.
CLIENT RESPONSIBILITIES
Obey the law
By subscribing to dexway.com you commit to obeying the current laws and regulations as well as the applicable rules of acceptable use of the dexway.com platform.
Keep an active email account
You will be responsible for maintaining the email address given on the subscription form active and up to date as this is the preferred means of communication at Dexway.
Logins and passwords
Remember that you are the only person responsible for the use and maintenance of the logins and passwords that are given by Dexway in order to make use of the tools available at dexway.com. They are the identification necessary for Dexway to authorise user access and to permit changes that are requested or made from that identity. The use of these identifying passwords is personal and not transferrable. Dexway reserves the right to revoke access to the account if it detects that third parties are accessing the account after being given the information by you. Dexway is a product of CAE Computer Aided USA Corp., with the address: 175 sw, 7th Street #1616 de Miami, FL. 33130, USA.
DEXWAY LICENSE
This license is only for final users or students. The license is a contract between the licensee (you, the end user for the purchase, whom installs, gains access, pays for the product or starts to use the product(s), materials and/or services described below) and the licensor (Dexway).
The license is granted only for use on the part of the licensee in which consists the method/course, materials, and/or services from Dexway / dexway.com (registered trademark / Internet address).
This license granted here is dependent on the acceptance on behalf of the licensee of the terms presented in this document.
General definitions about the product:
The licensee, the person that acquires the product, makes use of the course or not, must be of age or if not, must have the consent of a responsible adult to accept the usage of this license.
The Dexway Product / Method refers to the different products, the content that forms the product or language learning course, as well as the Dexway method, together with the Internet portal dexway.com, including, with limits, software, auditory instruments or audio materials, protected access through a password to the licensor’s web site and any of the products, materials, services and related documentation together with any improvement and/or update thereafter in which the licensor places at the disposition of the licensee throughout the validity of the license.
The “software” makes reference to the software products to learn languages, as well as any third-party software, online functionality or on a web site, licensed improvements and updates by the licensor to the licensee, in accordance with this license.
“Online” refers to the Dexway product format in which the licensee has access, through the Internet and through a URL, when using a computer, navigator or browser.
The Dexway trademark and its method, courses or its products are the property and/or the same as CAE Computer Aided USA Corp. and/or its subsidiaries Computer Aided Elearning, S.A.
1. IMPORTANT NOTICE ABOUT THE LICENSE
1.1. GENERAL. This license is a legal agreement between the licensee and the licensor. The licensee understands and recognizes that the licensee is obligated to accept these conditions for this license in order to be able to access the product, or method/course, the licensee will not use the course without the implicit consent or acceptance of this license. Notification is given that this license contains revocation clauses in respect to the guarantee, as well as limitations for its use and responsibility; these dispositions or revocation clauses are an essential part of the agreement and/or conditions for the use and/or sale of the product.
1.2. ACCEPTANCE OF THE ONLINE LICENSE BY THE LICENSEE (ONLINE) .
1.2.1. Upon pressing the acceptance button, each and every one of the conditions of this license are accepted.
1.2.2. The licensee recognizes that the licensor or the authorized person is the one who is signing this license electronically, and that this electronic signature has the same force and legal effect as one that is written by hand.
1.2.3. The licensee accepts to be legally obligated to all of the terms, conditions and notifications contained or referenced in this document.
1.2.4. By pressing the acceptance button and registering through to the online subscription service, the licensee manifests his or her agreement to these arrangements or any of the terms in this license. The licensee accepts that this license is furnished to him or her electronically. The licensee has the right to receive, and may ask for a non-electronic copy of this license before or after having signed the license electronically. The licensee also has the right to remove his or her consent of receiving this license electronically at any moment. If the licensee decides to remove his or her right to receive this license electronically, the licensor will end the licensee’s right to use the Dexway product. This means that the licensee will not have the right to use the Dexway product until the licensor receives a signed non-electronic copy of this license which the licensor will send to the licensee once the licensee has requested it. To remove the licensee’s consent and/or ask for a copy of this electronic license, the user must send a letter or an e-mail to the contact information address indicated in this document. The cancellation of his or her consent will be effective within a reasonable amount of time after receiving the notification described previously in writing. The removal of consent on behalf of the licensee will not affect the validity or legal applicability of the license delivered to the licensee, and signed electronically by the same, before the start date of his or her removal of consent. To have access and retain this electronic license, the licensee must have access to the web and comply with all of the paid services associated with this access. The licensee must print a copy of this document for his or her files and for their future reference. To retain an electronic copy of this license, the licensee can save it in any word processing software program.
1.2.5. The licensee recognizes that once his or her enrollment or registration to the course has been successfully completed – for the online service, the Dexway product will be made available to the licensee, and the licensee does not have the right to cancel or receive any reimbursement unless the licensor has agreed to this in writing or that it might be expressly required by applicable law.
2. LICENSE
2.1. The Dexway method/product is delivered under license for use, not for sale. The destined use for the Dexway product is to learn languages. The licensee cannot use the product for any other purpose other than the learning of languages. If the licensee accepts this license and, while he or she complies with its terms, the licensor will provide the licensee with a non exclusive and non transferable license to use the Dexway product, in case the software is read by machine, computer; it is subject to the expressed restrictions and limitations in this license.
2.2. LICENSEES ONLINE. If the licensee has accepted the Dexway product online, the license provided by the licensor provides the licensee and other family members of the licensee to use the Dexway product from a computer in which the system requirements correspond to those detailed in the applicable URL from the licensee’s location and then indicated to dexway.com and/or at the end of this document. “Use” of the Dexway product means that only access to the Dexway product functionality is granted for the learning of languages.
3. INSTALLATION
3.1. LICENSEES ONLINE. The licensee understands that by accessing the Dexway product/ method online (access via the Internet) on a computer terminal connected to the Internet in which it may be accessed legally requires:
3.1.1 Internet. It is necessary to have continued access to the Internet, to automatically perform the definitive installation of the Dexway product. Such access to the Internet is not supplied by the licensor. This act is under the sole responsibility of the licensee.
3.1.2 Additional installation of third-party software (for example, plug-ins through a web navigator/browser). It is the responsibility of the licensee to follow the instructions provided by the licensor on the licensor’s website dexway.com and/or on the necessary product’s website to install the additional third-party software.
4. SECURITY AND PRIVACY
4.1. SECURITY. The licensee does not have to save nor facilitate their username or password to access the course and/or Internet portal dexway.com in a way that his or her license cannot be used by more than one user. The fact of performing this will be assumed as a violation of this license.
4.2. PRIVACY. The licensor reserves the right to compile and analyze data related with the use of the Dexway product on behalf of the licensee through a subscription online. The licensor can use this data to improve the Dexway product, for marketing research, for the licensor’s promotional offers and to determine the licensee’s supplement with the terms and conditions of this license. For information about the policy on privacy from the licensor that is found described on the web, please access the website www.dexway.com.
5. IMPROVEMENTS AND UPDATES OF THE DEXWAY METHOD/PRODUCT
5.1. LICENSEE ONLINE. The licensor reserves the right to perform updates or improvements, but is not obligated to perform them. In any case, updating of the Dexway product will always be done automatically and via the Internet. When installing or using the Dexway product, the licensee accepts to receive the updates automatically.
5.2. LICENSEE WITH INDEPENDENT/INDIVUDUAL SOFTWARE. Some versions of the Dexway product include a device to install and/or download improvements and updates (to which are referred to collectively as “updates”). The licensor can, periodically, supply updates to the licensor; reserving the licensor the right to distinguish remuneration for such updates. The licensee must receive a license on behalf of the licensor to use a previous version of the Dexway product. Once that the update has been installed, the licensee can continue to use the previous version, as long as the update and the previous version are installed on the same computer, with the limitations expressed or indicated in this document; especially in the License section. The licensee can deny or accept an update. However, once the update is launched or posted, the licensor does not have the obligation to support the previous or older version of the Dexway product. If the licensee has bought a version that does not include the device to download updates, or if the licensee does not have access to the Internet, it is the responsibility of the licensee to contact the licensor in order to ask for assistance with these updates.
6. TRANSFER
6.1. The licensee cannot, nor allow others to sell, cede, rent, lend and/or license the Dexway product. The infringement of a licensee’s user name, password and/or activation ID to allow any other person other than the student/user to Access or use the Dexway product remains expressly prohibited. Non compliance with this prohibition can signify the suspension or rescind of the right to continue using the Dexway product, as well as from receiving technical assistance.
7. USAGE LIMITATIONS
7.1. The licensee agrees to comply with not inverting the order of components; , compile the same in reverse or alter the product’s engineering, trying to obtain source code from all or any of the Dexway product recompilers, download, copy or gather information that can be used to copy all or part of the Dexway product for any other purpose other than the learning of languages, except in the same way and grade allowed expressly by the applicable law, in accordance with this limitation, or through an expressed authorization and by writing from the licensee. Any information supplied by the licensor and any information obtained by the licensee through a decompilation expressly allowed, will be able to be used by the licensee only and exclusively for the purpose authorized expressly by the licensor and will not be able to be divulged to third-parties or be used for any other software that is substantially similar to this software. In the case of the licensee’s subscription, bill or sent letterhead package or any other information from the licensor specifies a maximum number of authorized final users or concurrent users that may have access to the Dexway product; the licensee agrees to not exceed such maximum without the previous permission of the licensor.
8. POSSESSION OF THE INTELLECTUAL PROPERTY
8.1. The licensor reserves all of the rights upon the Dexway product that have not have been expressly provided to the licensee under this license. The licensee understands and accepts that the licensor or its third-party licensee’s possess all of the rights, titles and interests in and for the Dexway product (including all of the software, code interfaces, text, photos, graphics, animations, “applets”, music, video and audio thereby incorporated, as well as any guides and documentation for the user), the Dexway brands; the dexway.com website; URLs; packaging or commercial accessorizing. In summary, as it is found designed and how the Dexway product or method is perceived, all of it is covered by various protections including without limitation reserved rights, registered trademarks and those relative to commercial secrets. If the licensee suggests new elements or functionality to the licensor, at its sole discretion, adopted by the Dexway product, such elements or functionality will be the exclusive property of the licensor and the licensee liberates the licensor from any promise or revocation, and including any complaint between parties in respect to the same. The licensor reserves the right, at its sole discretion and without incurring any responsibility for the licensee to periodically update, improve, replace, modify or alter the specifications and the functionality from all or part of the Dexway product.
9. TECHNICAL ASSISTANCE
9.1. The licensee offers technical assistance for the Dexway product to those licensees which have completed the process of online matriculation. The licensor reserves the right to change the technical assistance policy (and not continue with technical assistance for any software product) at any moment without notification to the licensee. The use on behalf of the technical assistance provided by the licensor is governed by working hours, billable fees and other terms and situations expressed on the licensor’s website. The licensor reserves the right to make changes in the technical assistance policy at any moment and will announce these changes in the help pages from the licensor’s website.
10. LIMITED GUARANTEE, REVOCATION CLAUSES AND LIMITATIONS OF LIABILITY
10.1. LIMITED GUARANTEE AND REVOCATION CLAUSES. The licensor guarantees that the Dexway product will function substantially in accordance with the descriptions and specifications described in the documentation that comes with the Dexway product after licensing the Dexway product under normal usage for a period of: ninety (90) days for offline courses; one-hundred and eighty (180) days for courses online at a duration of less than 60 hours, and three-hundred and sixty-five (365) days for the rest. Nevertheless and in any case, the licensor does not make any representation or guarantee in respect to third-party software, and/or does not assume any obligation in respect to third-party software.
10.2. WAIVER CLAUSE IN THE GUARANTEES. With the exception of those expressed in the previous section (section 10.1.) and by the maximum degree allowed by law, the licensor nor any third-party licensees offer any other guarantees or promises (expressed or implied, or by statute, common law, custom, use or any other manner) about the Dexway product, the software incorporated or any service supplied under this license; the provision of the Dexway product and technical assistance services are “as is”, even if there might be errors or failures, the user accepts them without recourse to complaints once this license is signed. The licensee assumes the complete risk which relates to the quality, functionality, precision and satisfaction as such with the Dexway product. The licensor and its third-party licensors waive all other representation or implied guarantees in respect to the Dexway product, third-party software and any other service supplied by them, including any other express or implied business guarantees, applicability of a purpose in particular, for satisfactory quality, non-infraction or that the use of the Dexway product by the licensee will not be interrupted, and it will be free of viruses and errors.
10.3. LIMITATIONS OF RESPONSIBILITY. Not at one moment will the licensor be considered, its third-party licensors, as well as any other person or entity of the licensor from (a) consequential, punitive or special damage, including losses related to the licensee or its business such as loss of data, loss of finances, interruption in your business or loss of savings, even if the licensor or its third-party licensors have advised of the possibility of these damages; as well as (b) any complaint by a third-party. Some states or jurisdictions do not allow for the exclusion or limitation of consequential or incidental damages and, therefore, the previous limitations may or may not apply. If the licensee had been able to avoid damages by displaying due precaution, the licensor nor its third-party licensors will be responsible for your losses. Not at any moment, the total responsibility from the licensor or its third-party licensors for the total damages (whether under this license, grievance, including negligence or any other manner) exceed the price of the Dexway product.
10.4. STATUTORY RIGHTS OF THE CONSUMER. Nothing in this license will affect the specific statutory rights applicable to any party acting as a licensee.
10.5. PERIODS OF “COOLING-OFF” / REVOCATION. The licensee will not be able to exercise the right to cancel this license during the period of reflection (“cooling-off”)/ revocation, as long as the laws from the competent jurisdiction require that the licensee is granted this period of reflection/revocation.
11. EXCLUSIVE REMEDY MEASURES
11.1. The responsibility of the licensor in respect to a defective copy of the Dexway product is exclusively limited to replacing your copy of the Dexway product without any charge. Through such a measure this does not deprive the licensee of any mandatory protection that may correspond by law under this license.
12. CANCELLATION AND VALIDITY
12.1. This license is in effect until it is deemed as cancelled. When accepting this license, the licensee authorizes the licensor to leave in immediate suspension your rights granted under this license, without any notification and including the access to the Dexway product, if the licensee does not comply with the same terms. The restrictions imposed by the licensor for the abrogation of this license include, but are not limited to:
12.1.1. Termination of the Internet IP address from a computer server that is not in compliance.
12.1.2. Termination of access to the Dexway product account.
12.2. Once the notification is received for the termination of this license, the licensee must stop immediately its use and erase all copies of the Dexway product. . The licensor may require that the licensee certify by writing that the licensee has complied with this requisite. The dispositions from the sections described in this document will be effective even after the cancellation of this license, for whatever reason, whether it is by malfunction or lack of product use, it will not create or imply any right to continue with the use for the Dexway product after the cancellation of this license, by the motives that were.
13. GOVERNING LAW AND VENUE
13.1. This license will be governed in all of its aspects and interpreted in accordance with the substantive laws in effect within the state of Florida, U.S.A., without reference to their principles related to conflicts of interest. The licensor and licensee are in agreement that any action invoked or related with that license will be presented in a state or federal court within the state of Florida (USA). The licensor and the licensee consent to the personal justification in the state of Florida and understand that this method is the appropriate one in any state court within the U.S.A. or any federal court in the state of Florida. The licensee and the licensor both relinquish objections that they have or may have in the future in respect to the previous one.
13.2. If a competent court of jurisdiction expressly determines that the laws of Florida do not apply to this license, then the applicable law will be the law of jurisdiction where the licensee bought the product and the jurisdiction of such a court will not be exclusive.
13.3. This license is not governed by the United Nation’s Convention for international sales contracts of merchandise, the application of which remains expressly excluded.
13.4. In spite of the previous, the licensee will have the right to start or file an equitable action or legal suit before any competent court of jurisdiction to obtain an injunction or other compensation against the licensor when, in the opinion of the licensee, such an action is necessary or desirable.
14. COMPLETE LICENSE, TRANSLATION AND ASSIGNATION
14.1. Except for the exceptions expressly indicated in this document, this license constitutes the complete agreement between the parties in respect to the usage of the Dexway product and replaces all previous agreements or present ones on the subject. No amendment or modification of this license action or delay will be considered valid as long as it is by writing and signed by the licensor.
14.2. In case of a dispute between the English version and any other translated version, the version in English will be the one that prevails.
14.3. The licensor can assign or cede this license, in its totality or in part, at any moment with or without notification to the licensee. The licensor cannot assign, cede, delegate or transfer this license in any way or assign, transfer or sub-license any right from the Dexway product to any other user/student from the beginning.
15. DIVISIBILITY OF THE LICENSE
15.1. All of the dispositions from this license apply to the highest extent permitted by the applicable law. If any part of this license is determined invalid or inapplicable as conforms to the law, then the invalid or inapplicable will be considered replaced by the valid disposition and applicable that adheres more strictly to the intention of the original use; the rest of this license will continue in effect.
16. EXPORT
16.1. The licensee understands that Dexway products are subject to the exporting jurisdiction of the United States. The licensee agrees to comply with all of the international and national laws which are applied to the Dexway product, including the United States Administration for Export Regulations and the Office of Foreign Assets Control, as well as final user restrictions and to the destination published by the United States and other governments.
17. MORE FORCE
17.1. Any lack, missing or omission of any of the parts in the performance or observation of any of the terms and conditions of this license (as long as they are not payment obligations) will need to provide cause or a complaint against this part or that a breach of this license is determined; always and when such a lack, miss or omission occurs that it is a consequence of an act from a higher power, from an act of government or from any other cause beyond the reasonable control of the person affected.
18. REVOCATION
18.1. The lack or non-volition on behalf of the licensee or the licensor insisting on the strict compliance of the terms, agreements or conditions from this license will not be considered as a revocation of this term, agreement or condition or any other term, agreement or condition from this license. Any revocation to any right or power developed under this license at any given moment will be considered as a relinquishment to that right or power at any other moment.
19. BETTER INFORMATION
19.1. If the licensee has any question about this license or if the licensee wishes to ask for any information from the licensor, please, use the contact data provided on the website dexway.com or just facilitated at the end of this document referred to the licensor’s office that provides services in the jurisdiction of the licensee.
20. ABOUT THE DEXWAY TUTORING SERVICE
20.1. The timeline of responding to the tutoring service which includes Dexway will be for 24 hours. The licensor will make available expert tutors in the course language to evaluate the free exercises in user pronunciation, and consultations through e-mail, during the entire period that the course lasts.
21. LICENSORS LOCATIONS
21.1. Information about the contact data so that the licensee can contact the licensor, or the information about product help, privacy policy and system requirements, can be found posted at all times on the dexway.com website.
21.2. Attention. The information provided in this section can be changed, altered or modified, in any case as long as the licensee must verify dexway.com through the web before making any notifications to the licensor about the data that are indicated here and updated if it corresponds:
AMERICA
175 sw, 7th Street #1616
Miami – FL. 33130, USA
info@dexway.com
www.dexway.com
Technical support:
support@dexway.com
CAE-Computer Aided USA, Corp.
EUROPE
Paseo de La Habana, 14
28036 Madrid
info@dexway.com
www.dexway.com
Technical support:
support@dexway.com
Computer Aided Elearning, S.A.