Terms & Conditions

Meanings and definitions used in these Terms:

- Discussion Forum(s) means the chat areas, bulletin-boards or forum facilities provided on the Sites;

- Dext means Dext Software Limited a limited company who is registered and incorporated in England and Wales, with company registered number 07361080, company registered office at Unit 1.2, Techspace Shoreditch, 25 Luke Street, London, EC2A 4DS.

- Site(s) means the website(s) owned and operated by Dext;

- Terms means these terms of use for users of the Sites.

INTRODUCTION TO TERMS

1.1. This Site is owned and operated by Dext. Dext uses a third party, Influitive Corporation, to operate the Discussion Forum. You shall be bound by the terms of use of the Influitive Corporation and the respective privacy policy, which can be found here.

Effective: February 7, 2020 This Privacy Policy applies to all the products, services and websites offered by Influitive Corporation and its subsidiaries and affiliates, except where otherwise noted. We refer to those products, services and websites collectively as the "Services" in this policy.

1.2. These Terms govern the use of the Site, including participation in the Discussion Forums.

1.3. The Sites are designed to provide a forum, enjoyable for all, for the exchange of opinions, comments and information and, therefore, Dext requires its users to abide by these Terms. Your use of the Site will constitute your agreement to comply with these Terms.

1.4. If you do not agree with these Terms, you should not use the Sites.

1.5. Dext may modify these Terms from time to time. Continued use of the Sites by you will constitute your acceptance of any changes or revisions to the Terms, so it is wise to check this page regularly.

1.6. We may terminate your access to the Sites, without notice, in addition to our other remedies if you fail to follow these Terms.

USE OF THE SITES BY YOU

2.1. Dext or its licensors own all material on the Sites. You may retrieve and display content from these Sites on a computer screen, print individual pages on paper for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Sites.

2.2. You may not authorise others to use the Sites, and you are responsible for all of your own use of the Sites. You agree not to use any obscene, indecent or offensive language, or to place on the Sites any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Sites any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Sites only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

2.3. You are responsible for all activities under your password or account, and you must keep your password confidential. You must immediately notify us of any unauthorised use of your password or account or any other breach of security. You must not disrupt the functioning of the Site, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of the Site.

2.4. You are responsible for ensuring that any material you provide to the Sites or post in a Discussion Forum, including but not limited to text, photographs and sound, does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party.

2.5. You agree not to disrupt, modify or interfere with the Sites or their associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Sites. You further agree not to alter or tamper with any information or materials on, or associated with, the Sites.

2.6. You acknowledge that Dext has not reviewed and does not endorse the content of all sites linked to from the Sites, and is not responsible for the content or actions of any other sites linked to from the Sites. Linking to any other service or site from this Site is at your sole risk.

USE OF THE DISCUSSION FORUMS BY YOU

3.1. These Terms have been put in place to help ensure that the Discussion Forum is a welcoming and useful resource for all users. These Terms outline what is deemed unacceptable behaviour and it is important to read them carefully.

3.2. Users of the Discussion Forums warrant and undertake that they will not:

(a) post libellous or defamatory comments;

(b) post anything relating to any ongoing or pending trial;

(d) use profanities;

(e) post a personal insult about another user;

(f) advertise or solicit;

(g) impersonate another user;

(h) or post material that is deliberately intended to upset other users.

3.3. We cannot and do not review every post before it appears on the Sites. Dext operates a ‘notice and take-down’ policy, which means if Dext notices or is made aware of a post that contravenes these Terms, Dext reserves the right to amend or remove the post.

3.4. Dext encourages you to contact us if you feel a post violates these Terms.

3.5. You are responsible for the content of your posts and Dext does not accept any liability for the content or accuracy of your messages.

3.6. Users of the Site may submit material for publication in the Discussion Forums. Dext accepts no liability in respect of any material submitted by users and published by Dext, and Dext is not responsible for its content or accuracy.

3.7. If you want to submit material to the Discussion Forums you may do so on these Terms.

3.8. You warrant that the material you submit is not obscene, offensive, harassing, defamatory or otherwise illegal.

3.9. You acknowledge that any breach of these warranties may cause Dext damage or loss, and agree to indemnify and hold harmless Dext in full and permanently against any third party liabilities, claims, costs, loss or damage incurred by Dext as a result of publishing any material you submit to us, including consequential loss.

3.10. Should Dext become aware of any activity that would be contrary to the Terms or determine in their sole discretion to be unacceptable, then Dext reserves the right to take action including temporary or permanent removal of content, filtering of internet transmissions and/or to exclude the user with immediate effect and, where necessary, to forward any incriminating material in its possession to the relevant authorities.

USE OF MATERIAL POSTED BY YOU

4.1. Postings to the Discussion Forums are not private. You grant Dext a perpetual royalty-free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence any information or material you supply or communicate to the Sites via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses to any third party. Dext will not return it if submitted and accepts no liability whatsoever for safe custody thereof.

5.1. All copyright, trademarks, design rights and all other intellectual property rights (registered or unregistered) where relevant in and on the Site and all content located on the Site shall at all times remain vested in Dext.

5.2. Dext grants you a limited, non-exclusive, revocable, non-transferable licence to use the Site content solely for personal use relating to your use of the Site. Except as expressly set out herein, neither you nor anyone acting on your behalf acquires any intellectual property rights relating to any Site content. Any rights not expressly granted within these Terms are reserved.

5.3. By sharing any contribution(s) with us (including but not limited to data, text, photo, message, posting, image, logo, attachment, hyperlink and all other content (collectively 'Contribution(s)') to the Site, you agree and grant Dext and its sub-licensees free-of-charge permission to use the Contribution(s) at Dext’s sole discretion (including modifying and adapting it for operational and editorial reasons) in connection with the operation of the Site and our business. The licence extends to copying, distributing, broadcasting or otherwise transmitting, adapting or editing the Contribution(s).

5.4. You agree and confirm that any Contribution(s) you provide or upload is original to you and does not infringe UK laws, copyright or other rights of any other person, or that you have the consents necessary to provide the Contribution(s) to Dext.

5.5. You acknowledge that Dext does not endorse the accuracy, integrity, copyright, compliance, legality, quality or decency of any Contribution(s). Users may respond to or comment upon Contribution(s), such comments do not necessarily represent the views or opinions of Dext.

5.6. Dext respects the intellectual property of others, and we ask our users to do the same. Dext may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of Dext and of others.

TRADE MARKS

6.1. All magazine trade marks are trademarks of Dext. All other trademarks used on these Sites are the property of their respective owners.

CHALLENGES

7.1. From time-to-time Dext will run Orange Select challenges ( the “Orange Select Points programme”) which allows you to earn promotional points (Orange Select Points) by set tasks determined by Dext from time to time, including not limited to: (i) watch a video; (ii) providing feedback; and (iii) reading a blog. Once tasks are completed and verified by Dext as complete, you may receive Orange Select Points which may be spent in exchange for rewards.

7.2 To earn Orange Select Points, you must (i) be a current Dext Partner ; (ii) have been invited via a unique link to partake in the Orange Select Points programme and created a Dext account on the platform; (iii) use the email address associated with your Dext account and (iv) commence and complete the feedback process, video, blog or relevant challenge set by Dext within any specified time limit (an “Eligible Participant”)

7.3 In addition, Eligible Participants, participating in the Orange Select Points programme are subject to the following further terms and conditions and these Terms generally:

Orange Select Points earned are personal to your Dext account, non-transferrable, and no cash alternative is offered. We apply a limit of one participant in the Orange Select Points programme per Dext Partner.
If you cease to be a Partner of Dext at any point, all your Orange Select Points are automatically forfeited.
The date you open a Dext account in the Orange Select Points programme will constitute the “Start Date” of each “Subscription Year”. The “Subscription Year” is the 12 months following the Start Date of each year.
The maximum number of Orange Select Points which you may redeem, is limited to 20000 per Subscription Year.

7.3. Dext reserves all rights to:

disqualify you from receiving any Orange Select Points if Dext deems that your conduct is contrary to the spirit or intention of the Orange Select Points programme.
substitute any prize with a prize of equal or greater value. Prizes are not negotiable or transferable.
disqualify an Eligible Participant from the Orange Select Points programme if its conduct is contrary to the spirit or intention of the programme;
disqualify an Eligible Participant from the Promotion in the event of a breach of these terms and conditions by an Eligible Participant;
disqualify an Eligible Participant if any fraudulent or misleading information is found; and/or
hold void, suspend, cancel, or amend the Orange Select programme, or any prize competition or these Terms at any time (i) immediately where it becomes necessary to do so (ii) or by giving reasonable notice where Dext wishes to.

7.4 The decision of Dext is final and binding and no correspondence or discussion will be entered into.

7.5 Insofar as is permitted by law, Dext, its subsidiaries and each of its and their respective employees, officers or agents will not in any circumstances be responsible or liable to compensate the Eligible Participant or accept any liability for any loss, damage, personal injury or death occurring as a result of participating in the Orange Select Points programme.

7.6 Dext reserves the right to verify the eligibility of any Eligible Participant. Dext may require such information as it considers reasonably necessary for the purpose of verifying the same made in connection with the Orange Select Points programme. Dext reserves the right to disqualify an Eligible Participant if it fails to comply with Dext’s verification requirements.

COMMENTS BY USERS ARE NOT ENDORSED BY DEXT

8.1. Dext does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Discussion Forums or elsewhere on the Sites. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Dext.

MATERIALS PROVIDED BY OTHERS

9.1. You agree that Dext is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.

INDEMNITY

10.1. You agree to indemnify Dext and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and to hold them harmless from any and all claims, demands, liabilities, damages, costs and expenses (including legal fees) that may arise from: (i) your submissions, Contribution(s) or provision of content; (ii) your use or misuse of the Site; (iii) your unauthorised use of material obtained through the Sites; (iv) your breach of these Terms; (v) any such acts arising through your use of the Sites; or (vi) any other violation of the rights of another person or party.

EDITING AND DELETIONS

11.1. Dext reserves the right, but undertakes no duty, to review, edit, move, or delete any material posted by users in the Discussion Forums or elsewhere on the Site, in its sole discretion and without notice.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

12.1. You understand and agree that you are using the sites at your own risk. The sites are provided 'as is', and to the extent permitted by applicable law, Dext and its affiliates expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the sites.

12.2. Dext and its affiliates make no warranty, implied or explicit, that any part of the sites will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable of any quality, nor that the content is safe in any manner for download. You understand and agree that neither Dext nor its affiliates nor any participant in the sites provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.

12.3. Save for the provisions of the following clause, Dext and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the sites, including for viruses alleged to have been obtained from the sites, your use of or reliance on the sites or any of the information or materials available on the sites, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

12.4. Dext’s liability will not be limited in the case of death or personal injury directly caused by Dext’s negligence.

TERMINATION

13.1. Dext has the right to terminate your ability to access the sites, for any reason, without notice.

PRIVACY

14.1. The information that you provide about yourself to Dext will only be used by Dext in accordance with its Privacy Policy available at https://www.dext.com/privacy-policy/. The Privacy Policy does not apply to third party sites.

SAFETY

15.1. Please remember that posting your name, contact information or any other personal information on the Site places such information in the public domain. Always use caution when giving out information. We advise that you do not reveal any information about yourself or anyone else (for example: telephone number, postal address, email address, home address or any other details that allow you to be personally identified) on the Site.

INFORMATION AND AVAILABILITY

16.1. While Dext takes every care to ensure that the information on these Sites is accurate and complete, some of it is supplied to Dext by third parties and Dext is unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors interruptions and delays may occur in the service at any time. Accordingly, Dext Sites are provided 'as is' without any warranties of any kind, and Dext does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

LINKS

17.1. Any third party website that links to this Site must not:

(a) create a frame or any other browser or border environment around the content of this Site;

(b) imply that Dext is endorsing it or its products or services;

(d) infringe any intellectual property or other right of any person;

(e) be a website that contains content that could be construed as distasteful, offensive or controversial.

17.2. Dext expressly reserves the right to request that any link in breach of these Terms be removed and to take whatever other action it deems appropriate.

17.3. On these Sites you may be offered automatic links to other sites. While Dext hopes you will be interested in those other sites, you acknowledge that their owners may be independent from Dext and Dext does not endorse or accept any responsibility for their content.

17.4. Pages of the Site may contain some contextual affiliate marketing links created by third parties. Purchases made on these third party sites are the sole responsibility of that site. Purchases made through these links may result in a commission being earned by Dext.

GENERAL

18.1. These Terms together with any additional terms which are drawn to your attention constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral.

18.2. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

18.3. These Terms are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

18.4. Failure of either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

18.5. Unless otherwise specified on the Sites, the content of the Sites is directed solely at those who access the Sites from the United Kingdom. Dext makes no representation that any of the content of the Sites is appropriate for use elsewhere, or available in any other locations. Those who choose to access the Sites from any other location are solely responsible for compliance with local laws and regulations if and to the extent that they are applicable.

18.6. You agree that these Terms, for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under these Terms.