Free phone
Phone 0800 000 678

Dilworth e-Learning Terms of Use

Your use of any Dilworth Hearing Limited (“Dilworth”) products or services, The Learner Management System, any materials associated with The Learner Management System and any materials or other information available on this website (“Materials”) constitutes your agreement to be bound by these Terms of Use and the platform provider’s terms and conditions (found here http://www.litmos.com/terms-conditions/).

If you do not agree to any of these Terms of Use, then you must not access or use any of the Materials.

1. LIMITED LICENSE

1.1 As a user of the Materials, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Materials in accordance with these Terms of Use.  Dilworth may terminate this license at any time for any reason.

2. LIMITATIONS ON USE

2.1 Use of the Materials is for your personal use only and not for commercial exploitation.  You may not copy, reproduce, modify, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Materials without prior written permission from Dilworth.

2.2 You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, or the individual identities of users.

2.3 You may not sublicense or assign any rights to use the Materials.

3. NOT LEGAL ADVICE

3.1 The Materials are not intended to and do not constitute legal, financial or medical advice of any kind.  The accuracy, completeness or adequacy of the Materials is not warranted or guaranteed.  Your use of the Materials is at your own risk.

3.2 Dilworth does not represent or warrant that the Materials will be error-free, free of viruses or other harmful components, or that defects will be corrected or that the Materials will always be accessible.  Dilworth will make improvements and / or changes to the features and functionality of the Materials and the website at any time.

INTELLECTUAL PROPERTY RIGHTS

3.3 Except as contained in these Terms of Use, nothing shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

3.4 You agree that the Materials are protected by copyright, trade marks, patents or other applicable proprietary rights and laws.

3.5 You warrant you have the right to use all intellectual property that you ask us to publish or make available.

3.6 You must not cause or permit anything which may interfere with, damage, breach or endanger the intellectual property rights of Dilworth or other parties whose intellectual property you access through the Materials, or assist, enable or allow others to do so.

4. LICENSING YOUR CONTENT TO DILWORTH

4.1 By uploading content to the Materials you grant (or warrant the owner of such rights has expressly granted) Dilworth a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and licence.

4.2 You grant Dilworth the right to sub-licence, to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute information provided by you to Dilworth or incorporate such information into any form, medium or technology now known or later developed.

4.3 You agree that you shall have no recourse against Dilworth and you indemnify Dilworth for any alleged or actual infringement or misappropriation of any proprietary right in any information you submit to us.

5. SUBSCRIPTION

5.1 Certain sections of the Materials require you to be a subscriber.  In doing so, you agree to provide Dilworth with accurate and complete information.

5.2 It is your responsibility to inform Dilworth of any changes to that information.

5.3 You must not enable to permit anyone other than you from using the Materials or to access the website and Materials.  If you become aware of anyone using your log-in details or accessing the Materials without permission, you must notify Dilworth immediately.

6. POSTING IN THE MATERIALS

6.1 If you participate in interactive areas of the Materials, you shall not post, publish, upload or distribute any material which is unlawful or abusive in any way, including but not limited to any posting that are defamatory, obscene, threatening, invasive of privacy rights, violate the rights of any party, or give rise to liability or violate any law.

6.2 Dilworth has no obligation to monitor or screen postings and is not responsible for the content in such posting or any content linked to such postings.  Dilworth reserves the right to examine from time to time any postings for adherence to these Terms of Use and, at its sole discretion, to remove any information that may be objectionable or breach these Terms of Use.

6.3 Any interactive area of the Materials is provided solely for your personal use.  You shall not post any advertising, promotion, or solicitation for goods or services without the express written permission of Dilworth.

7. THIRD-PARTY CONTENT

7.1 Third party content may appear in the Materials or may be accessible via links from the Materials.  Dilworth is not be responsible for, and assumes no liability for, any of the content in the statements, opinions, representations or other forms of content contained in any third party content appearing in the Materials.

8. DISCLAIMER AND LIMITATION OF LIABILITY

8.1 The Materials are provided on an “as is, as available” basis.  Dilworth expressly disclaims all warranties and all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, or arising out of or any way related to:

  1. any errors or omissions in the Materials;
  2. any third-party websites or content directly or indirectly accessed through links in the Materials;
  3. the unavailability of any of the Materials;
  4. your use of the Materials; or
  5. your use of any equipment or software in connection with the Materials.

8.2 Subject to any rights that cannot be excluded under law, Dilworth shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind or in any way due to, or resulting from, or arising in, connection with the use of or inability to use the Materials.

9. INDEMNIFICATION

9.1 You agree to indemnify, defend and hold harmless Dilworth, its officers, directors, employees, agents, licensors (including but not limited to The Health Media Limited and Callidus Software Inc) and, suppliers, and any third-party information providers to the Materials from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms of Use by you.

9.2 The provisions of paragraphs 8 (Disclaimer and Limitation of Liability) and 9 (Indemnification) are for the benefit of all of the parties listed at paragraph 9.1 above and each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

10. REMEDIES FOR BREACH

10.1 Dilworth reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access to the Materials and any other additional Dilworth products or services.

11. ADDITIONAL TERMS

Privacy

11.1 Your use of the Materials is subject to the Dilworth Privacy Policy available here http://www.dilworth.co.nz/privacy/.
Severability of provisions

11.2 These Terms of Use incorporate any notices contained in the Materials and the Dilworth Privacy Policy and constitutes the entire agreement with respect to access and use of the Materials.  If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the notices in the Materials and the Dilworth Privacy Policy, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

General

11.3 Dilworth reserves the right to changes these Terms of Use from time to time and your continued use of the any the Materials constitutes your agreement to be bound by any amended Terms of Use.

11.4 A failure by Dilworth to enforce any terms in these Terms of Use does not constitute a waiver by Dilworth of those rights.
Any questions regarding these Terms of Use should be directed to Lisa de Ruiter at +64 9 551 2899.

Terms of Use b

Dilworth Hearing e-learning terms of use