Terms and Conditions
The contents on this Dialecto website and App (the "site"/ “Dialecto”) are provided by Venture App S.L.. Please Read These Terms Carefully Before Using this Service. By using this site and Dialecto App (“App”), you agree to these terms. If you do not agree to them, do not use the site or access the App service..
Dialecto is an App which can be accessed using Smartphone. This App enables you practice languages through conversation with other users.
1. Acceptance of Terms
This Service is offered to you conditioned on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Website (the “Site”) by Venture App S.L (collectively, the "Terms"). The following Terms govern your access to and use of the App. Your use of the App constitutes your agreement to all such Terms. These Terms may be updated by us from time to time without notice to you. These Terms and Conditions apply to all users of the Dialecto App. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Dialecto features and services.
2. The Service and Fees
This is a web based service accessible by smart phones. Dialecto allows you to practice a language through conversation with other users that are connected (“Service”). You can make an IP voice call (which is done within the app) to talk to other users who charge you for keeping a conversation with you. When you register/sign up for the App you can see a list of languages spoken by native users of the language (presently only English and Spanish languages are available). You can select any of the languages you want to practice and also the user (Tutor) with whom you would like to talk over IP calls, based on their skill levels and charges which vary from $0 (free) to $9 for 30 minutes of conversation. If a call for 30 minutes is paid but if the call ends before (because network connection is not good or because someone hang up) then the proportional time spoken is charged to the User. The first minute of the call is free and no money is charged if either party decides to hang up the phone within that minute. There is no provision for cancellation and refund of fee paid. Tutors intending to practice need not pay any fee for registration. However, Dialecto deducts commission of twenty percent (20%) of charges received by the tutor for each conversation. Tutors are required to have a PayPal account to receive payment and shall maintain a minimum balance of $10 to facilitate refunds if any. Tutors receive their remuneration 48 hours after completion of their job. Dialecto shall not be responsible for any short payment received by the tutor on account of charges levied by their banker for currency conversion and service charges. Tutors being independent contractors, are responsible for payment of all the taxes in their country on all the earnings. You also understand and agree that the Services may include certain communications from Dialecto such as service announcements, administrative messages and updates.
3. Modifications to the Service
Dialecto reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User, and is not obligated to support or update the Service. The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site. User's continued use of the Service after the posting of the amended Terms on the Site constitutes User's affirmative:
(a) acknowledgement of the Terms and its modifications; and
(b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Dialecto shall not be liable to User or any third party in the event that Dialecto exercises its right to modify or discontinue all or part of the Service. You are responsible for being familiar with any changes or modifications to these Terms and Conditions. You can review the most current version of the Terms at any time at: http://dialecto.net
In order to access the App, you will have to register and create an account. You can register using Facebook, Google account or email. You must submit a valid email address, select a username and password; you are required to provide your Username, Country, Expertise, Hobbies, financial Account details during the registration process. By electing to use these services; (a) you warrant that all information you submit while registering is current, true and accurate; (b) you agree to update this information; (c) You will not create more than one personal profile each as a tutor and as a learner/student: (d) If we disable your account, you will not create another one without our permission; (e).you agree not to use the Services for any unlawful purpose. You agree to notify Dialecto immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account by any third party. You agree that you are aware about the charges for using this service through mobile internet gateway and will not raise any dispute in this regard with Dialecto. You also represent that you are not a person barred from receiving the Services under the laws of Spain or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete; or if Dialecto has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dialecto has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
6. User Conduct/Lawful Use
User agrees that use of the site is subject to all applicable International, National, Federal, state, and local laws and regulations.
(a) User (student) can evaluate the tutor after completing the conversation. Evaluation will be on a rating scale from 1 to 5, 5 being the maximum score.
(b) Students can also provide their feedback about the tutors.
(c) Users can report abuse like obscene comments, intimidation and any form of harassment.To report abuse, it is necessary to activate the "Report Abuse" button and the comments field should indicate the abuse suffered.
(d) A student can block a tutor for any reason he/she deems appropriate, to avoid further conversation, and the tutor will not be shown in further conversation searches.
(e) A student can also save a tutor in the “Favourite” list.
Dialecto is not responsible for the content of the conversation. It does not supervise or control the content of audio or chats provided through the Services and cannot assume responsibility for such content. Content of conversation is the sole responsibility of the person who conversed. You may be exposed to Content that is offensive, illegal, obscene, indecent or unacceptable. You can report abuse so that we can cancel the account of the person who has bothered you. Tutors do not have access to modify or delete the evaluation/feedback by students. Dialecto does not censor or modify the evaluations issued by the Students, as long as they are not offensive, defamatory and / or threaten or damage its/tutors’ image or any other right of the Tutors. The User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. User agrees to use Dialecto for lawful purposes only.
1. to comply with Spanish laws;
2. not to use Dialecto for illegal purposes;
3. not to interfere or disrupt networks connected to the Dialecto.
4. to comply with all regulations, policies and procedures of networks connected to Dialecto;
5. not to resell or transfer your access to the service to any third party;
6. not to restrict any other visitor from using the service;
7. to act responsibly, treat other App users with respect and not violate their rights;
8. not to modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service or any part of the App/Website;
9. not to harvest or collect information about Users of the service without their express consent;
10. not to solicit personal information from any one under the age of 18;
11. not to display unauthorized commercial advertisement on your profile.
In case of any violation of these Terms Dialecto reserves the right to seek all remedies available by law and in equity for such violations. You also agree to take the following precautions while using this service:
- Not arrange to meet anyone you do not know.
- Not to give personal information such as your name, address, telephone number, place of work or any other contact information to anyone you do not know.
9. Limitation of Liability
As a condition of use of the Service, and in consideration of the services provided by Dialecto, User agrees that neither Dialecto, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Dialecto will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the App Service, Site or Content.
DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF DIALECTO APP/ SERVICE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP/SITE,
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIALECTO APP/SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You specifically acknowledge that Dialecto shall not be liable for any defamatory, offensive, or illegal conduct of any User and that the risk of harm or damage from the foregoing rests entirely with you.
The App/Site is controlled and offered by Dialecto from its facilities in Spain. Dialecto makes no representations that the Dialecto App/Site is appropriate or available for use in other locations. Those who access or use the Dialecto App/Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Dialecto shall not be liable for any damages, resulting from the use or the inability to use Dialecto App/services or for cost of procurement of substitute services or resulting from any services purchased or obtained or transactions entered into through the site or resulting from unauthorized access to, deletion or alteration of user's transmissions or data or failure of the site to store user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Dialecto has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages under certain circumstances; consequently, some of the above limitations may not apply to user, in whole or in part.
The materials on this Site are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. This is a license, not a transfer of title, and is subject to the following restrictions: you may not:
1. Modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental;
2. Decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law;
3. Remove any copyright or other proprietary notices from the Materials;
4. You agree to prevent any unauthorized copying of the Materials.
11. Disclaimer/No Warranty
Dialecto App service is provided on an "as is" basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Dialecto be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the app/service; any unauthorized access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App/site by any third party, and/or; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, server transmitted, or otherwise made available via the Dialecto App/site. Dialecto does not warrant, endorse, guarantee, or assume responsibility for any service provided through the App. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. As a provider of interactive services, Dialecto is not liable for any statements, representations or content provided by its users in any public forum or through other means, even if Dialecto has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Dialecto further does not warrant that its service will be secure or uninterrupted; the information contained within these materials will be accurate and complete. Dialecto may make changes to these materials at any time without notice. Dialecto makes no commitment to update the Materials. No oral advice or written information given by Dialecto its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice.
Dialecto is not responsible for any problems or technical malfunction of any phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any players due to technical problems or traffic congestion on the Internet or on any of the Dialecto Services or combination thereof, including any injury or damage to Users or to any person's phone related to or resulting from participation or downloading materials in connection with the Dialecto App/Services.
User will defend, indemnify and hold harmless Dialecto and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to:
(a) acts or omissions by User arising out of or in connection with this Agreement;
(b) intentional or negligent violations by User of any applicable laws or governmental regulation,
(c) contractual relations between the User and a third party; or
(d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.
13. Intellectual Property Rights
User acknowledges that content, including but not limited to policy information, text, software, music, sound, images, video, graphics, meta data, geographic information, the arrangement of text and images, commercially produced information, and other material contained on the App/Site ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by Dialecto. These Terms do not transfer any right, title, or interest in the Service, App/Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by Dialecto. User agrees not to use or divulge to others any information designated by Dialecto as proprietary or confidential. Any unauthorized use of the App, or any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes; and may result in termination of the User’s access to the service. Except as specifically permitted herein, no portion of the information on the site may be reproduced in any form, or by any means, without prior written permission from Dialecto or the specific content’s owner. Users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on the site for any public, personal or commercial purposes.
If you download, print or display any Dialecto Content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. You may not use any metatags or other “hidden text” utilizing the Dialecto name or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by Dialecto.
Dialecto reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Site or violation of the Terms and Conditions.
14. User Disputes
Dialecto reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Users.
Each of the parties to this Agreement hereby waives any right it may have to a trial by jury in respect of any litigation arising out of, under or in connection with this agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Dialecto Services or the TOU will be permanently barred if such claim is not filed within one (1) year after such claim or cause of action arose.
You agree that we may terminate your right to use the App/our Services if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material. Additionally, Dialecto has the right to deny an order and/or renewal of service.
Any attempt to undermine or cause harm to a Dialecto server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes Spamming, transmission of - malware, viruses, trojan horses.
Dialecto may terminate user’s account and forfeit any fee at any time without prior notice, if you are in breach of the terms of this Agreement. Dialecto will be the sole arbiter as to what constitutes a violation of the Agreement.
You can unsubscribe from the service by using the "Profile / Remove Account" option within the functionality of Dialecto App.
16. Entire Agreement/Severability
This Agreement sets forth the entire agreement between you and Dialecto in respect of this site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Dialecto’s failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.
17. Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
18. Governing Law
These Terms shall be governed by and construed in accordance with Spanish laws without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of Spain, the laws, rules and regulations of the Spain shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction by the state and federal courts located in Vizcaya, Spain.