These conditions apply to all sales and agreements between Myngle B.V. (hereafter: Myngle) and the consumer, whereby Myngle will apply these conditions unless otherwise in writing agreed.
Myngle finds it very important to ensure that all of the consumer's personal information is treated with the utmost care and security and according to the Dutch Data Protection Act. Myngle will not give the consumer's personal information to third parties, except when the information is required for the services that Myngle provides to the consumer or when necessary for the delivery of an order, or when legally obliged/upon request of the authorities. Records of Myngle's website visits are kept for statistical purposes. Information concerning the amount of visitors and visitor frequency to the website of Myngle will be used for internal research and website improvement. However, this general information is anonymous and cannot be traced back to the individual visitor.
The personal data that Myngle collects about its members and users shall be carefully and adequately processed. To process an consumer's order and/or information Myngle will ask the consumer for its personal data when the consumer registers for a purchase (this will include name, date of birth, e-mail and postal address). A consumer will need to give Myngle its consent before any processing takes place and its personal data will only be used for the purposes stated in these terms and conditions and or at the point of collection. Myngle is committed to maintaining the highest standards of personal data protection and will not collect information about a consumer without its consent.
By using Myngle's website a consumer expressly gives his consent to Myngle for:
1. Processing personal data so that Myngle can efficiently provide the consumer with information about new features and services available on the website;
2. Processing personal data to enhance Myngle's services available to the members;
3. Transferring such personal data to offices located in The Netherlands for the purposes of processing by Myngle;
4. Using cookies (see below)
In order to measure the success of Myngle's online advertising Myngle use pixels, or transparent GIF files, to establish which of Myngle's online adverts successfully bring people to it's website or the sites of Myngle's affiliates. The GIF files are provided by third parties who provide Myngle with online advertising analysis. This system places a cookie on Myngle's browser when a consumer enters Myngle's website via an online advert allowing Myngle to see which online adverts bring Myngle the most visitors to its website. The information collected on Myngle's behalf, is anonymous and does not personally identify the consumer. The information does not contain the consumers name, address, telephone number or e-mail address. Most web browsers automatically accept cookies but a consumer can change its browser to reject them. Even without a cookie a consumer can still use Myngle's website. If a consumer would like to know how to opt-out of the technologies mentioned above the consumer can contact Myngle's helpdesk.
A consumer may be contacted by Myngle from time to time in relation to the products and services offered by Myngle.
Unless legally required to do so Myngle will not share personal data of the consumer with any third parties, who are not mentioned in this clause, without the prior consent of the consumer.
A consumer can amend its details by itself by signing in to "Your Account" or it can notify Myngle's customer services if the consumer wishes to remove or have changes made to its personal data.
A consumer can notify Myngle's customer services if the Consumer wishes to remove or have changes made to his or her processed personal data.
All information on Myngle's website is protected by copyright. It is illegal to infringe any of the intellectual property rights associated with the manufacture, design, branding of any course advertised on the website of Myngle nor introduce any modifications to any of the information supplied by Myngle unless the nature of the deliveries dictates otherwise. Use of Myngle's website does not constitute a licence to use in any way, any of the trademarks owned by Myngle or its licensors, including but not limited to the words Myngle and the Myngle logo.
All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on Myngle's website are the copyright of Myngle or its licensors, where applicable. Permission is granted to consumers to download and print one copy of the website for their own personal, non-commercial, use. Any other use of the website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the website without prior written consent from Myngle is strictly prohibited. Last but not least: it is prohibited to create and/or publish a database that features substantial parts of the website without Myngle's prior written consent.
Myngle is a company with limited liability situated in and vested under the laws of the Netherlands. Myngle provides a platform where consumers can purchase language courses and related products, 24 hours a day, 7 days a week.
All communication between Myngle and the consumer will be electronic by sending e-mails or posting notices on the site of Myngle.
A consumer becomes a member by filling in the application section of the website of Myngle. A member is authorized to legally bind any legal person that it represent. Myngle's services are reserved to (legal) persons who are legally competent to enter into agreements. Myngle's services are not open to minors under the age of 18, without explicit prior consent of their elders. A Myngle membership is personal and therefore not transferable. A consumer needs to choose an username, password and skype ID in order to fulfil the application. A consumer will stay responsible for all acts with its username and password. A consumer will take all measures necessary to protect its password. It is not permitted that another person than the consumer enters the website of Myngle using the username and password of the consumer.
A consumer provides true, accurate, current and complete information and will maintain and promptly update this information if any changes occur. If a consumer provides or if Myngle suspects that a consumer provides information that is not true, inaccurate, not current or incomplete, Myngle may suspend or terminate the account of the consumer and refuse current and future use of the Myngle's website.
A consumer will not in any way restrict or inhibit any other user from using and enjoying the website of Myngle. A consumer will use the site only for lawful purposes. A consumer is prohibited from posting on or transmitting through the website of Myngle any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminating, profane, hateful, fraudulent, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. A consumer will not access the website of Myngle by any means other than through the interface that is provided by Myngle for the use in accessing the website.
A consumers will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website of Myngle, use of the website of Myngle or access to the website of Myngle without Myngle's prior consent.
Consumers will not make any separate arrangements with Myngle's teachers. Myngle may provide contact details of their teachers to consumers with the sole purpose to facilitate communication during the lesson. A consumer will not use this information for any other purposes, and will not share this information with third parties.
Myngle may elect to electronically monitor areas of the website and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect Myngle's rights or property or the right of other users. Myngle is not responsible for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Myngle may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the website of Myngle.
Myngle may terminate a consumer's access, or suspend a consumer's access to all or part of the website, without notice, for any conduct that Myngle, in its sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or Myngle.
Despite any other established legal rights, Myngle is entitled, at its own choice, in case of 'force majeur', to cancel a order, or cancel the service agreement without legal intervention, by informing the consumer in writing. The consumer is not entitled to any damages, unless given the circumstances this would be unacceptable according to measures of reason and fairness.
All prices indicated on Myngle's website are in Euros and are subject to Dutch value added tax. Consumers are able to make payments electronically to Myngle in many different ways. The different payment methods are indicated on the website of Myngle. Services or shipment of an order will take place once Myngle has received payment for the service or order. More information concerning the shipping costs can be found on the website.
The delivery time of services or goods is indicative and is therefore not guaranteed. However, the final delivery time of goods will not exceed more than one week of the indicated delivery time, excepting cases of 'force majeure'. An order of goods will be processed and shipped via TPG post within five working days of receiving payment. Myngle can not be held responsible if TPG post is unable to deliver the order to the consumer on time.
Ownership of merchandise will not be transferred until the associated obligations of purchaser have been fulfilled. At the point of transfer of ownership, which is at the point of delivery of the merchandise, product liability is transferred to the purchaser.
If the consumer, for whatever reason, does not wish to use the services or wish to retain the merchandise, the consumer has the right to cancel the services or return the merchandise to Myngle within seven working days after the payment for the services and within seven working days after taking delivery of the merchandise. Firstly, the consumer must inform Myngle in writing via email of its intention, and must follow all further return conditions and instructions stipulated by Myngle. This guarantee does not comply if the services or merchandise has been used, or if the consumer has attempted to mend or alter the services or merchandise in any way. Return of merchandise will only be accepted if it is sent in the original, undamaged wrapping. Furthermore, the shipping costs of the returned merchandise will be entirely paid for by the consumer. If the return instructions have been followed accurately, Myngle will reimburse the consumer for the returned services or merchandise within thirty days after receiving it.
Myngle will not assume any liability for any direct or consequential damage, be it physical, material or immaterial, resulting from any defect or malfunction, or incorrect use of its merchandise. When the manufacturer is found liable for faulty or defect merchandise, then Myngle's liability is limited to repair or replacement of the merchandise or reimbursement for the sale price of the merchandise. Furthermore, Myngle is not liable for merchandise that has been deliberately altered, or has not been treated according to the specified merchandise by the consumer. Myngle is not liable for any damage, in any form whatsoever, resulting from the website of Myngle. Nor is it liable for any decisions based on information from the website of Myngle.
If Myngle is unable to supply any goods or services that have been paid for, Myngle will provide a full refund within 28 days of cancellation. If Myngle is obliged to cancel an order that has been partly completed, the refund will be on a pro rata basis. A cancellation may be made due to illness, accident or other reason, such as natural disaster. Every effort will be made to meet the order and find replacement teachers when necessary, but if it becomes necessary to cancel, Myngle's liability is limited to refunding the goods or services that have not been delivered on a pro rata basis.
All of the information on Myngle's website (www.myngle.com) has been carefully compiled. However, there is a chance that certain information is not correct, or complete, or current. Myngle and its partners can not be held responsible for this in any way. Furthermore, Myngle can not be held responsible for information and prices, such as tariffs, information and or the results of transactions that have been made due to such information, that have been placed on its website by third parties.
The website of Myngle is provides "as is" and Myngle excludes all warranties of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the website or an information or content that it is free of defects or viruses. The website including the content is unless otherwise stated provided free of charge. Myngle will not be liable to the consumer or any other person for any loss or damage of any kind which may arise from the unauthorized use of the website of Myngle and the use of any information contained within it. Furthermore Myngle shall not be held liable for any information held on sites which may have links to or from the website of Myngle and which are not maintained and controlled by Myngle. The website of Myngle is intended for the use within the Netherlands, but can be entered from other countries. Myngle cannot make representations that any training referred to on the website is available in every country in the world. Myngle will use reasonable endeavours to ensure that the website is and stays fully operational. Due to the nature of internet, Myngle cannot guarantee that the website will be free from delays, interruptions or errors. Myngle will take all reasonable efforts to ensure that information on the website is correct, but cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information.
Myngle takes precautions to protect personal data collected through the Website but in the event that Myngle's system is infiltrated by unauthorized third parties, Myngle will not be liable for any resulting misuse of the personal data.
Any of Myngle's liability resulting from use of or visiting the website will be limited to direct damages and up to the amount of the price stipulated for the training or course concerned. Liability to indirect damages is in all circumstances excluded.
Without prejudice to the provisions set out above, Myngle will not be liable for damage caused by intentional act or omission or gross negligence by the consumer or by improper use of the learned skills and of the materials and or related products provided and/or delivered to the consumer.
In the case of queries or complaints concerning any of our services, teachers, products or procedures, please inform us by email (contact@myngle.com). You will receive a reply within three working days.
All rights, obligations, specials, orders and agreements that fall under these General Terms and Conditions, and under this condition, are applicable under Dutch Law and Jurisdiction, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980). In the case of translation or explanation of the contents of Myngle's website, the English version of the text in the website and these General Terms and Conditions will remain determinate.
Acceptance of General Terms and Conditions All website users are required to be aware of, and to agree with, all of the above General Terms and Conditions. By filling in the application section to became a member, the consumer automatically agrees to all of our General Terms and Conditions.
Myngle reserves the right to make changes to these General Terms and Conditions at any time. The consumer will be subject to the General Terms and Conditions in force at the time that the consumer uses the site. If any of the terms is deemed invalid, void or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining conditions.