These general terms and conditions (which include an intellectual property policy and privacy policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. We will not be responsible and/or liable for any agreements between students and teachers and/or schools through the Site, so therefore do these terms and conditions not apply to these agreements. If you do not agree to these Terms and Conditions you cannot use this Site and/or advertise on, offer or buy any products or services through this Site. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
MEMBERSHIP
Filling in the application section of the Site makes you a member and means that you are authorized to legally bind any legal person you represent. Our services are reserved to (legal) persons who are legally competent to enter into agreements. Our 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. To fulfill the application you need to choose an username, password and skype ID. You will stay responsible for all acts with your username and password. You agree that you will take all protection measures to protect your password. It is not permitted to let another person than you enter the Site using your username and password.
OUR SERVICES ON THE SITE
We are not an auction company or a formal intermediary. Our services are limited to make available an online platform (marketplace) for you, as a registered member, and subject to these terms and conditions to offer and purchase language courses. When you are a student you cannot enforce any teachers or schools obligations from us. We do not control offers made available through the Site, we only provide hosting services for content made available by teachers and schools on the Site. Therefore we do not have any control of quality, quantity, accuracy, etcetera of the offers and the legal competence of the student. We cannot guarantee that the teachers and/or schools actually perform their obligations.
FEES AND PAYMENT CONDITIONS
To become a member of Myngle is free of charge. We charge you for arrangements concluded between students and teachers and/or schools through the Site as indicated on the screen and subject to the payment terms. Unless otherwise stated, all fees are in Euro (). You agree to receive electronic invoices for the fees due. Payments shall be made by direct bank transfer to Myngle B.V. within fourteen (14) days after date of invoice. In addition to the fees you shall pay all sales or use duties and/or taxes imposed upon this transaction by any local government.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy. Please review our Privacy Policy (below) to understand our privacy related practices.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, 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 offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
DISCLAIMERS AND LIMITATION OF LIABILITY
The Site is provided "as is" and we exclude all warranties of any kind to the fullest extent permissible by law and do not guarantee the accuracy or completeness of the Site or any information or content or that it is free of defects or viruses.
You agree that the Site, including the content, is unless otherwise stated provided free of charge. Neither we will be liable to you or any person for any loss or damage of any kind which may arise from the unauthorized use of the Site and the use of any information contained within it. Furthermore we shall not be held liable for any information held on sites which may have links to or from the Site and which are not maintained and controlled by us.
The Site is intended for use within the Netherlands, but can be entered from other countries. We cannot make representations that any training referred to on the Site is available in every country in the World.
We will use reasonable endeavors to ensure that the Site is and stays fully operational. Due to the nature of the Internet, we cannot guarantee that the Site will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the Site is correct, but we cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information.
We take precautions to protect personal data collected through the Site but in the event that our system is infiltrated by unauthorized third parties we will not be liable for any resulting misuse of the personal data.
Any of our liability resulting from use of or visiting the Site will be limited to direct damages and up to the amount of the price stipulated for the training/course concerned. Liability for indirect damages is in all circumstances excluded.
Without prejudice to the provisions set out above, we will not be
liable in the event that the damage was caused by any intentional act or
omission or gross negligence by you or your improper use of the learned
skills and of the materials and or related products provided and/or
delivered to you.
OUR RIGHTS
We may elect to electronically monitor areas of the Site 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 Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.
INTELLECTUAL PROPERTY POLICY
Because copying can harm rightful owners of IP rights we drafted the following IP Policy:
You may not infringe any of the intellectual property rights
associated with the manufacture, design, branding of any course
advertised on the Site nor introduce any modifications to any of the
information supplied by us unless the nature of the deliveries dictates
otherwise. Use of the Site does not constitute a licence to use in any
way, any of the trademarks owned by us or our 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 the Site are the copyright of us or our licensors, where
applicable. Permission is granted to users to download and print one
copy of the Site for their own personal, non-commercial, use. Any other
use of the Site including the reproduction, modification, distribution,
transmission, republication, display or performance of the content of
the Site without prior written consent from us is strictly prohibited.
Last but not least: you may not create and/or publish your own database
that features substantial parts of the Site without our prior written
prior approval.
PRIVACY POLICY
We respect the personal privacy of our members and all users of the Site and will at all times seek to comply with the Dutch Data Protection Act. The personal data we collect about our members and users shall be carefully and adequately processed. To process your order and/or information we will ask you for personal data when you register for a purchase (this will include your name, date of birth, e-mail and postal addresses). You will need to give your consent before any processing takes place and your personal data will only be used for the purposes stated in these terms and conditions and or at the point of collection. We are committed to maintaining the highest standards of personal data protection and will not collect information about you without your consent.
By using the Site you expressly consent to us:
- processing your personal data so that we can efficiently provide you with information about new features and services available on the Site;
- processing your personal data to enhance the services we make available to the members;
- transferring such personal data to offices located in The Netherlands for the purposes of processing by Us;
- using cookies (see below)
In order to measure the success of our online advertising we use
pixels, or transparent GIF files, to establish which of our online
adverts successfully bring people to our Site or the sites of our
affiliates. The GIF files are provided by third parties who provide us
with online advertising analysis. This system places a cookie on your
browser when you enter our Site via an online advert allowing us to see
which online adverts bring us the most visitors to our Site. The
information collected on our behalf, is anonymous and does not
personally identify you. The information does not contain your name,
address, telephone number or your e-mail address. Most web browsers
automatically accept cookies but you can change your browser to reject
them. Even without a cookie you can still use our Site. If you would
like to know how to opt-out of the technologies mentioned above please
contact our helpdesk.
- You may be contacted from time to time in relation to the products and
services offered by us.
- Unless legally required to do so We will not share your personal data
with any third parties, who are not mentioned in this clause, without
your prior consent.
- You can amend your details yourself by signing in to Your Account or
you can notify our customer services if you wish to remove or have
changes made to your personal data.
APPLICABLE LAW
In all circumstances Dutch law applies, with the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980).
Any disputes relating to or arising from the use of the Site and/or from the agreement will only be submitted to the competent court in the district of Amsterdam.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
GENERAL INFORMATION
We reserve the right to make changes to the Site, policies and these general terms and conditions at any time. You will be subject to the general terms and conditions in force at the time that you use the Site. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Links to third party sites
We may make available links to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our services, including the Site. We request that you be specific in your comments on our services. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
Thank you for visiting www.myngle.com.
Copyright ©, Myngle B.V., the Netherlands, 2007. All rights reserved. Any rights not expressly granted herein are hereby reserved.